Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1697637210327.pdf (Australia)
ii Hon Simone McGurk MLA Minister for Child Protection; Women’s Interests; Prevention of Family and Domestic Violence; Community Services Our ref: 74-19512 Mr Alan Raine Committee Secretary Senate Education and Employment Legislation Committee PO Box 6100 Parliament House CANBERRA ACT 2600 eec.sen@aph.gov.au Dear Mr Raine The WA State Government welcomes the opportunity to provide this submission to the Senate Education and Employment Legislation Committee in response to the Sex Discrimination and Fair Work (Respect at Work) Amendment Bill 2021 (the Bill).
The WA State Government acknowledges that the Bill forms an important part of the Commonwealth Government’s broader response to gender inequality and implementing the recommendations of the Respect@Work Report as outlined in the Roadmap for Respect: Preventing and addressing sexual harassment in Australian workplaces.

The WA State Government welcomes the Government’s commitment to legislative reforms that better protect all employees from workplace sexual harassment and other forms of discrimination.
Sexual violence in the workplace is completely unacceptable, however it remains pervasive throughout many industries.

It is not a women’s issue, but a societal and safety issue that everyone must take responsibility for eliminating.

The WA State Government is steadfast in its position that sexual harassment is driven by gender inequality and requires a dedicated whole of society commitment to understand, prevent and address sexual harassment in all workplaces.
Strengthening legislative and regulatory frameworks to enhance protections against sexual harassment and other forms of discrimination in the workplace is an important aspect of ensuring employees’ rights to safe workplaces and progressing women’s safety and economic security.
The WA State Government is strongly committed to providing safe workplaces not only for public sector employees, but for all employees across WA, and that women are safe and free from violence, discrimination, and harassment in their homes, in the workplace and within the community.
Level 8, Dumas House, 2 Havelock Street, West Perth, Western Australia, 6005 Telephone +61 8 6552 6600 Facsimile +61 8 6552 6601 Email: Minister.McGurk@dpc.wa.gov.au Sex Discrimination and Fair Work (Respect at Work) Amendment Bill 2021Submission 54 The WA State Government has already taken steps to creating safe, gender-equitable and inclusive workplaces, regardless of industry and size, through the implementation of the following strategies: • • 'Stronger Together: WA's Plan for Gender Equality'; 'Path to Safety: Western Australia's strategy to reduce fami ly and domestic violence 2020-2030'; and • The Workforce Diversification and Inclusion Strategy for WA Public Sector Employment 2020-2025 These strategies recogn ise the disproportionate impact of sexual harassment on women in the workplace and are well positioned the recommendations of the Respect@Work Report.
implementation of to align with the Specifically, 'Stronger Together - WA's Plan for Gender Equality' is a framework to coordinate government, community, and business sector efforts to drive gender equality.

The WA State Government is currently developing the second action plan to drive the State Government's gender equality plan over the next four years.
This presents an opportunity to raise awareness and embed practices that ensure women's safety and participation and build into a whole-of-government approach to prevent and address sexual harassment in the workplace.

The WA State Government has considered the Bill and supports the proposed legislative and regu latory amendments.
However, it is noted that the Bill does not fully implement all recommendations of the Respect@Work Report that relate to federal law reform, specifically recommendations 16, 17, 18 and 19.

Add itionally, the State Government notes the submissions from the Austral ian Human Rights Commission and the Northern Territory Government regarding proposed s 28AA of the Sexual Discrimination Act 1984 (Cth) and concerns that the new provision will not capture mild forms of inappropriate conduct.
The threshold of "seriously demeaning" may create a burden of proof that acts further to disadvantage victims of sex-based harassment.

The WA State Government would welcome further work and consultation between State and Territory Governments alongside full implementation of the Respect@Work Report recommendations to ensure consistency between the legislative frameworks.
the Commonwealth Government to progress The WA State Government broadly supports the amendments outlined in the Bill and looks forward to continuing engagement with other jurisd ictions to meet these shared goals.
Yours sincerely HON S IMONE McGU RK MLA MINISTER FOR CHILD PROTECTION; WOMEN'S INTERESTS; PREVENTION OF FAMILY AND DOMESTIC VIOLENCE ; COMMUNITY SERVICES 29 July 2021 Level 8, Dumas House, 2 Havelock Street, West Perth, Western Australia, 6005 Telephone +61 8 6552 6600 Facsimile +61 8 6552 6601 Email: Minister.McGurk@dpc.wa.gov.au Sex Discrimination and Fair Work (Respect at Work) Amendment Bill 2021Submission 54