Information has been released on the number of complaints made by public servants under the Sex Discrimination Act 1984. Photo: Michelle Kroll.
Data shows 31 sexual discrimination-related complaints were made by public servants working for Commonwealth agencies over the last year.
The Australian Human Rights Commission (AHRC) has released information showing the number of complaints made by employees about a Commonwealth department or agency between September 2023 and July 2024 under the Sex Discrimination Act 1984.
There were 10 complaints about sex, six about sexual harassment and one on sex-based harassment.
Also, there were four complaints each about family responsibilities and pregnancy, three on victimisation, two about a hostile workplace and one on gender identity.
In December 2022, a new positive duty was introduced that imposed a legal obligation on organisations to take meaningful action to prevent unlawful conduct from occurring in the workplace.
The commission had recommended the introduction of a positive duty for employers in its Respect@Work report in 2020.
The AHRC said its powers to inquire into and enforce compliance with the positive duty guidelines under the Sex Discrimination Act began in December 2023, but no formal inquiries had begun into any Commonwealth agency since then.
CPSU national secretary Melissa Donnelly says APS agencies should work with the union to get their prevention and response plans in place as soon as possible. Photo: CPSU
However, it did say it had received two reports providing information about Commonwealth agencies’ alleged compliance with positive duty guidelines.
The AHRC said a person could not make a “complaint” about non-compliance with the positive duty but could raise concerns or report suspected non-compliance, including by way of an online form on its website.
“We are urging all APS agencies to work with the CPSU to get their prevention and response plans in place as soon as possible,” Community and Public Sector Union (CPSU) national secretary Melissa Donnelly said.
“These obligations are in place now under law, and progress has been slower than it should be.
“Collaborating on the implementation of these plans is a priority for the CPSU, so that we can support agencies to implement effective and impactful plans that work to provide all employees a safe and respectful workplace.”
The AHRC said sex discrimination happens when a person is treated less favourably than a person of a different sex would be treated in the same or similar circumstances.
It also says discrimination happens when there is a rule or policy that is the same for everyone but has an unfair effect on people of a particular sex.
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