Introduction of the QLD Bill
On 14 June 2024, the Respect at Work and Other Matters Amendment Bill 2024 (Qld) was introduced in the Queensland Parliament as ‘the first stage in the staged reform to Queensland’s anti-discrimination laws’.
The Bill adopts some of the changes recommended by the Queensland Human Rights Commission (QHRC) in its Building Belonging Report, which reviewed the Anti-Discrimination Act 1991 (Qld). The focus of these changes is to adopt ‘Respect@Work’ recommendations for greater consistency with federal sex discrimination legislation, introduce new protected attributes, and make related procedural changes.
What you need to know about the proposed QLD Bill
In summary, the Bill proposes to:
- Introduce a new positive duty that requires duty holders to take reasonable and proportionate measures to eliminate, as far as possible, discrimination on the basis of all protected attributes, as well as sexual harassment, harassment on the basis of sex and other objectionable conduct (namely, the conduct covered by the federal Respect@Work obligations). This is broader than the existing positive duty under the federal Sex Discrimination Act 1984 (Cth). For example, if passed in its current form, Queensland employers will have a positive duty to take reasonable and proportionate measures to eliminate discrimination based on race, age, etc.
- Add specific protections against workplace harassment on the basis of sex, or creating a hostile work environment on the basis of sex.
- Extend the timeframe for complaints of work-related contraventions on the basis of sex to two years (but no change for other types of complaints).
- Introduce new protected attributes of ‘expunged conviction’, ‘homelessness’, ‘irrelevant criminal record’, ‘irrelevant medical record’, ‘physical appearance’ and ‘subjection to domestic or family violence’, and amend others.
- Allow for representative complaints.
- Amend and expand the QHRC’s functions and powers to investigate compliance with the positive duty or suspected systemic contraventions, and take enforcement action.
The Bill has been referred to Committee, which is due to report back to parliament by Friday, 2 August 2024.
Other changes that had been proposed in the draft consultation bill earlier this year are on hold and are unlikely to be passed in this term of government. These include proposals to amend the definitions of discrimination, introduce a positive duty to make reasonable adjustments for people with disabilities, and changes to religious exceptions.
What you need to know about the AHRC’s compliance powers
At the Commonwealth level, the AHRC has signalled an intention to take a collaborative and educative approach to enforcing compliance with the positive duty, and has not yet released any information publicly about action taken since its enforcement powers commenced on 12 December 2023.
High-risk industries are expected to be the first targets for the AHRC's regulatory powers, including the mining, retail and legal industries. See our earlier alerts for more information on the extent of the AHRC’s powers, and the standards the AHRC expects organisations to meet to satisfy the positive duty.
Action required
Organisations should already be adopting measures to ensure compliance with the Commonwealth positive duty, and there are additional features of the Queensland positive duty that will need to be considered if the Bill is passed in its present form. At a high level, organisations should be:
- Preparing a written Prevention and Response Plan, which outlines the measures the organisation plans to take to prevent and respond to behaviours covered by the positive duty, noting the AHRC expects this plan to be endorsed by the Board or governing body.
- Updating workplace policies to ensure they reflect person-centred and trauma-informed approaches, and legislative amendments to definitions (including sex-based harassment and other conduct that could create a hostile workplace environment on the basis of sex and, if the Queensland Bill is passed it its current form, discrimination on the basis of the new and amended protected attributes). It is also a good idea to review your policies on family and domestic violence and flexible working arrangements in light of recent changes.
- Reviewing approaches to workforce training, to ensure it covers the new and expanded protected attributes under the Sex Discrimination Act, Fair Work Act, and those proposed to be included in Queensland's Anti-Discrimination Act, and ensure workers understand their obligations. Training is likely to be a – but not the only – reasonable and proportionate step needed to discharge the positive duty. We recommend that training consider bystander/upstander obligations for staff.
- Ensuring transparency with the workforce regarding strategies for preventing and responding to behaviours covered by the positive duty, and consulting with the workforce on the prevalence of these behaviours and proposed actions to address them.
Contact us for assistance with your prevention and response plan, including how to ensure your strategies integrate with WHS frameworks and obligations. We can also assist in updating policies, procedures and with training.