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SCIENCE IN AUSTRALIA GENDER EQUITY LIMITED SUBMMISSION SENATE STANDING COMMITTEE EDUCATION AND EMPLOYMENT LEGISLATION COMMITTEE SEX DISCRIMINATION AND FAIR WORK (RESPECT AT WORK) AMENDMENT BILL 2021 9 July 2021 Page 1 of 4 Sex Discrimination and Fair Work (Respect at Work) Amendment Bill 2021Submission 24 Committee Members The Senate Education and Employment Legislation Committee Dear Committee Members RE: SUBMISSION – SEX DISCRIMINATION AND FAIR WORK (RESPECT AT WORK) AMENDMENT BILL 2021 (‘the Bill’) Science in Australia Gender Equity Limited (SAGE Ltd) welcomes the opportunity to comment on this important Bill and the critical reforms it introduces.
SAGE Ltd supports the Bill and emphasises its significance to supporting sector-wide action on the Sex Discrimination Commissioner’s seminal report Respect@Work recommendations.

About SAGE Ltd SAGE Ltd is a not-for-profit company limited by guarantee founded by the Australian Academy of Science and the Australian Academy of Technology and Engineering.

It was incorporated in November 2019, following the success of the SAGE Pilot of Athena Swan.
The purpose of SAGE Ltd is: 1. accredit and grant awards to higher education and research institutions for gender equity, diversity and inclusion programs including specifically accrediting and granting awards under the Athena Swan Charter; 2. raise awareness of, and build capacity to improve, gender equity, diversity and inclusion in the Australian higher education and research sector and more broadly within the community; and 3. collaborate with initiatives aimed at addressing the systemic barriers to the attraction, retention and progression of women, trans and gender diverse people in higher education and research.
like-minded organisations to promote and support Welcomed Reforms The National Inquiry into Sexual Harassment in Australian Workplaces found that sexual harassment is still rife in Australian workplaces, and the higher education and research sector is no exception.

The resulting Respect@Work report (2020) highlighted that performance incentives, such as the SAGE Ltd accreditation program (including Athena Swan Awards), can help create a respectful workplace culture that discourages sexual harassment.
Between 2016 to 2021, SAGE supported approximately 50% of Australia’s higher education and research institutions (43 organisations1) to achieve accreditation for gender equity, diversity and inclusion.

Following SAGE accreditation, the Athena Swan Bronze Awardee institutions are now progressing implementation of institutional action plans to improve and remove barriers to gender equity, diversity and inclusion within their respective institutions and across the sector.
The prevention and response to sexual harassment and bullying are key elements of these action plans.

As part of its support to institutions, SAGE Ltd convened a Roundtable on Sexual Harassment2 in collaboration with the Sex Discrimination Commissioner together with heads of institutions, senior leaders, advocates and stakeholders from across the higher education and research sector.
1 Comprising 32 universities, one research institution, five publicly funded research agencies and six medical research institutions (https://www.sciencegenderequity.org.au/athena-swan-bronze-awardees/) 2 SAGE Ltd Key Leaders’ Roundtable on Sexual Harassment, 25 February 2021. https://www.sciencegenderequity.org.au/workshops-and-roundtables/.
Page 2 of 4 Sex Discrimination and Fair Work (Respect at Work) Amendment Bill 2021Submission 24 The Roundtable outcomes are informed by the Respect@Work framework and its domains for action.

The outcomes will underpin the implementation of key recommendations from Respect@Work across the higher education and research sector, and comprise three streams: 1.

A workplace health and safety approach 2.

A collective action approach 3.


An evidence-led, data-driven approach General Comments on the Bill SAGE welcomes the amendments proposed by this Bill.

We note that the SAGE accreditation approach, including through Athena Swan, provides a framework that will facilitate implementation of the all-important Respect@Work recommendations and the amendments put forth in this Bill.
We also note that the proposed amendments will, in turn, enable the implementation of the outcomes of the SAGE Ltd Roundtable on Sexual Harassment.

We make the following few general comments on the Bill, which are worthy of the Committee’s consideration to assure effective implementation of the Bill and achieve the intended outcomes of these reforms.

1.
1.

Expansion of the Sex Discrimination Act to support greater alignment between the Act’s protections and those in work health and safety laws is a step in the right direction.

This will help address existing gaps; for example, where students undertake internships or placements for educational purposes, which fall outside employment/contractual arrangements.
Applying sexual harassment laws (through these amendments) across the broader employment sectors, as proposed by the Bill, is vital to preventing and protecting against sexual harassment and bullying.

There are no grounds for exclusions in managing issues as serious as sexual harassment and bullying and their deep and long-lasting impact on women and gender diverse individuals.

2.
2.

Explicitly stating that sexual harassment is a conduct amounting to a valid reason for dismissal, together with amending the definition of “serious misconduct” to be inclusive of sexual harassment and the explicit protection against harassment based on sex, empower affected employees (and bystanders) to report such conduct.

These reforms also impart confidence to employers to take appropriate action against sexual harassers and bullies.
Furthermore, they complement national action on addressing gender inequities in higher education and research, noting the direct correlation between gender inequities and harassing behaviours in the workplace, both direct and ambient, that adversely impact women’s careers3.

3.

It is also worth noting that defining sex-based harassment as unwelcome conduct is an important step.

However, it is concerning that the conduct must be “of a seriously demeaning nature” to be considered harassment.
We recommend that the Committee consider this definition and its application, especially where evidence shows that repeated unwelcome conduct (sexual or sex- based) has a severe cumulative impact on the victim.

4.
4.

In the preceding context (para 3), and the context of the overarching intent of amendments, there is a missed opportunity by not accepting the Respect@Work recommendation to introduce positive duties on employers to prevent and eliminate sexual harassment and sex-based 3 Sexual Harassment of Women.

Climate, Culture, and Consequences in Academic Sciences, Engineering, and Medicine.

2018.

The National Academies of Sciences, Engineering, Medicine.
https://www.nationalacademies.org/our-work/sexual-harassment-in-academia Page 3 of 4 Sex Discrimination and Fair Work (Respect at Work) Amendment Bill 2021Submission 24 discrimination at work.

Introducing amendments into the Sex Discrimination Act that complement existing ‘positive duty’ provisions within work health and safety legislation would mutually assure and reinforce existing obligations.
In addition, adopting this recommendation would support national uniformity, especially as work health and safety laws across states and territories continue to differ despite harmonisation work.

Whilst duplication is identified as a concern, and should be avoided, the Respect@Work recommendation could be effected through concepts such as “mutual recognition” or “collect once, report multiple times”.

Arrangements for these could be co-designed by the respective lead regulatory bodies.
These two concepts were indeed identified as an outcome of the SAGE Ltd Roundtable on Sexual Harassment – both with regard to “collective action” and “evidence-led, data-driven approach”2.

5.

Finally, as the Committee will be well aware, the implementation of these amendments must be supported by appropriate collectively designed and coordinated skills-based education and awareness-raising activities (both for employers and employees) to assure sector compliance and achieve the intended outcomes.
They should also be supported by uniform mechanisms for transparency in reporting (building on existing national model reporting schemes, such as that of the Workplace Gender Equality Agency) and accountabilities, as well as a collective approach to stop perpetrators of sexual harassment and sex-based harassment from circulating in the sector.
SCIENCE IN AUSTRALIA GENDER EQUITY (SAGE) LIMITED sage@sciencegenderequity.org.au https://www.sciencegenderequity.org.au/ PO Box 7050, Greenway ACT 2900 Page 4 of 4 Sex Discrimination and Fair Work (Respect at Work) Amendment Bill 2021Submission 24