The SPEAKER ( Hon. Tony Smith ) took the chair at 09:30, made an acknowledgement of country and read prayers.
Offshore Electricity Infrastructure Bill 2021
That this bill be now read a second time.
Offshore Electricity Infrastructure (Regulatory Levies) Bill 2021
That this bill be now read a second time.
COAG Legislation Amendment Bill 2021
That this bill be now read a second time.
By any measure, the National Cabinet has proven to be a much more effective body for taking decisions in the national interest than the COAG structure.
… National Cabinet has demonstrated our ability to get things done more quickly. And what COVID has taught all of us, the state jurisdictions and I think also as a national government, is that you can do things better and differently and let's use this opportunity to keep improving the quality of life of our citizens and streamlining our processes.
For five years before 2020, COAG for me was a forum where nothing got done. Lots of important discussions, very little action. National Cabinet is different. It's been right for its time and, in my view, it has a bright future.
… I think we shouldn't gloss over the fact too that this National Cabinet has worked in the best interest of all Australians ... We have been provided at all times with expert advice on health and at all times expert advice on the economy. So that has been absolutely critical to the way the National Cabinet has worked and how I think it's going to work into the future.
Our system must be able to adapt and evolve and it must empower ministers to set clear objectives and get on with the job of delivering them.
Corporations (Aboriginal and Torres Strait Islander) Amendment Bill 2021
That this bill be now read a third time.
Aboriginal Land Rights (Northern Territory) Amendment (Economic Empowerment) Bill 2021
(a) preserving and strengthening all Aboriginal interests in land and rights over land which exist today, particularly all those having spiritual importance,
(b) ensuring that none of these interests or rights are further whittled away without consent, …
The reforms are about activating the economic potential of Aboriginal land to grow the prosperity of Aboriginal communities in the Northern Territory for the long term.
… … …
This is a new era of land rights—one that empowers Aboriginal people to unlock the potential of their land and grow their communities, their businesses and their culture for generations to come.
This historic bill represents years of effort by the Northern Territory land councils working with the Commonwealth government on the most significant set of reforms since the Land Rights Act came into effect in 1976.
We have been working on this now for many years. For the first time Aboriginal people have been at the table with government ensuring the interests of Aboriginal people are front and centre. Finally we are seeing real progress.
The Uluru Statement is a very important invitation to the nation, in order to take things forward and deal with a Voice to the Parliament, have that constitutionally entrenched; to deal with the Truth-Telling about our history, and our relationship, and an understanding of how it's intertwined, and has contributed good things as well as many sad things. But it's also an opportunity for us to relook at our relationship and enter into agreements around the many things that still cause consternation to First Nations peoples, and that actually diminish our nation because we've been haven't resolved them.
Sex Discrimination and Fair Work (Respect at Work) Amendment Bill 2021
That this bill be now read a second time.
That all words after "That" be omitted with a view to substituting the following words: "whilst not declining to give the bill a second reading, the House:
(1) notes that:
(a) it took the Coalition Government over 12 months to respond to the landmark Respect@Work Report;
(b) the bill before the House fails to deliver the legislative changes recommended by the landmark Respect@Work Report that the Prime Minister promised every Australian woman he would implement in full; and
(c) a Labor Government will fully implement all 55 recommendations of the Sex Discrimination Commissioner's Respect@Work Report to help keep Australians safe from sexual harassment at work; and
(2) calls on the Government to fully implement the legislative changes recommended by the Respect@Work Report, including:
(a) amending the Fair Work Act to explicitly prohibit sexual harassment;
(b) introducing a positive duty on employers to take reasonable steps to prevent sexual harassment happening in the first place;
(c) making substantive equality between women and men one of the objects of the Sex Discrimination Act; and
(d) establishing cost protections for complainants, so they are not discouraged from taking legal action against perpetrators due to the possibility of having to pay massive court-ordered legal costs".
The government has declined to act on Respect@Work recommendations 15, 17, 18, 19, 23, 25, 26, 28, 35 and 39, in some cases by ignoring them and in others by calling for further consideration at some unspecified future time.
Dear Dr Katie Allen. We are writing to you to thank you for taking the time to answer our questions, even though we know you are a very busy woman. You are a great inspiration and role model to women and children, especially us. Thank you for showing all girls that women can be leaders. If you didn't keep pursuing your dreams of helping children in hospitals and the community, some great women today might not have had the spirit to become what they are today.
The outcome of all of this for me was catastrophic. My health was destroyed; I lost my job and my income and everything I had ever studied and worked for; my family was greatly affected; and my life has never recovered from the betrayal and injustice.
I think it's really important, because it's something people shouldn't be embarrassed about. I think it's the only kind of loss people don't talk about. If someone in your family dies, you don't pretend that you're okay. You let them know that you are grieving and that you're sad, and I think the more people talk about it, the less people feel they need to hide it and the more sensitive people will be about asking whether or not you're planning a family, how it's going and those kind of things.
I have personally taken on the responsibility of ensuring this response is in place very soon.
We fundamentally recognise the system is broken, the glass ceiling is still in place and there are significant failings in the power structures within our institution.
We are here because it is unfathomable that we are still having to fight this same stale, tired fight.
• He is a married man who plied a young woman with drinks until she had no idea what was happening. He promised others at the gathering he would get her home safely but before putting her in the cab he had sex with her when she had no ability to consent.
• The next day he texted to demand she take the morning after pill and blamed her for what happened saying she was so drunk that she came onto him. He threatened "tell no one".
Workplace sexual harassment is not inevitable. It is not acceptable. It is preventable.
(1) Clause 2, page 2 (table item 1), omit the table item, substitute:
(2) Schedule 1, page 3 (before line 4), before item 1, insert:
1A Subsection 3(1) (definition of class member )
Repeal the definition, substitute:
class member :
(a) in relation to a representative complaint—means any of the persons on whose behalf the complaint was lodged, but does not include a person who has withdrawn under section 46PC; or
(b) in relation to a representative application—means any of the persons on whose behalf the application was made, but does not include a person who has withdrawn under subsection 46POA(7).
1B Subsection 3(1)
Insert:
representative application means an application made under section 46PO on behalf of at least one person who is not an applicant.
representative party means a person who makes a representative application.
(3) Schedule 1, page 3 (after line 17), after item 3, insert:
3A Subsection 46PO(1)
Repeal the subsection, substitute:
(1) If:
(a) a complaint has been terminated by the President under section 46PE, paragraph 46PF(1)(b) or section 46PH; and
(b) the President has given a notice to any person under subsection 46PH(2) in relation to the termination;
an application may be made to the Federal Court or the Federal Circuit and Family Court of Australia (Division 2) alleging unlawful discrimination by one or more of the respondents to the terminated complaint.
(1A) Subject to subsection (1B), the application may be made only by an affected person in relation to the terminated complaint.
(1B) If the unlawful discrimination alleged in the application is an act, omission or practice that is unlawful under Division 3 of Part II of the Sex Discrimination Act 1984 , the application may be made:
(a) by an affected person in relation to the terminated complaint:
(i) on that person's own behalf; or
(ii) on behalf of that person and one or more other affected persons in relation to the terminated complaint or a related complaint; or
(b) by 2 or more affected persons in relation to the terminated complaint:
(i) on their own behalf; or
(ii) on behalf of themselves and one or more other affected persons in relation to the terminated complaint or a related complaint; or
(c) by a person or trade union on behalf of one or more other affected persons in relation to the terminated complaint or a related complaint.
Note: Part IVA of the Federal Court of Australia Act 1976 also allows representative proceedings to be commenced in the Federal Court in certain circumstances.
3B Paragraphs 46PO(3A)(b) and (c)
After "the complaint", insert ", and any related complaints covered by the application,".
3C After subsection 46PO(4)
Insert:
(4A) In the case of a representative application, subsection (4) applies as if a reference to an applicant included a reference to each person who is a class member.
3D At the end of section 46PO
Add:
(9) In this section:
related complaint , in relation to a terminated complaint, means a complaint:
(a) to which paragraphs (1)(a) and (b) apply; and
(b) that is against the same person as the terminated complaint; and
(c) that is in respect of, or arises out of, the same, similar or related circumstances as the terminated complaint; and
(d) that gives rise to a substantial common issue of law or fact with the terminated complaint.
3E After section 46PO
Insert:
46POA Additional rules applying to representative applications
Class member may not make separate application
(1) A person who is a class member for a representative application in relation to a complaint is not entitled to make a separate application under this Division in respect of the same complaint.
Consent required
(2) A representative application may not be made without the written consent of all class members.
Requirements for representative applications
(3) A representative application must:
(a) describe or otherwise identify the class members; and
(b) include a statement from the representative party certifying that each class member has consented, in writing, to being a class member; and
(c) specify the nature of the relief sought.
(4) In describing or otherwise identifying the class members, it is not necessary to name them or specify how many there are.
(5) However, a representative application must not identify, and must not contain information that is reasonably capable of being used to identify, a class member unless the class member has consented, in writing, to being so identified.
Right of class member to withdraw
(6) If a representative application is made, the court concerned must fix a date before which a class member may withdraw from a proceeding instituted by the application.
(7) A class member may withdraw from the proceeding by written notice given under the relevant Rules of Court at any time before the date so fixed.
(8) The court concerned, on the application of a class member, a representative party or a respondent in the proceeding, may fix another date so as to extend the period during which a class member may withdraw from the proceeding.
(9) Except with the leave of the court concerned, the hearing of the proceeding must not commence earlier than the date before which a class member may opt out of the proceeding.
(4) Schedule 1, page 3 (after line 17), after item 3, insert:
3F Subsection 46PO(4) (notes 1 and 2)
Repeal the notes.
3G Section 46PSA
Repeal the section, substitute:
46PSA Costs only if proceedings instituted vexatiously etc.
(1) A party to proceedings in the Federal Court or the Federal Circuit and Family Court of Australia (Division 2) under this Division may be ordered by the court concerned to pay costs incurred by another party to the proceedings only in accordance with subsection (2).
(2) The party may be ordered to pay the costs only if:
(a) the court concerned is satisfied that the party instituted the proceedings vexatiously or without reasonable cause; or
(b) the court concerned is satisfied that the party's unreasonable act or omission caused the other party to incur the costs.
(5) Schedule 1, page 3 (after line 18), after item 3 (after the heading specifying Fair Work Act 2009 ), insert:
3H Paragraph 3(e)
Repeal the paragraph, substitute:
(e) enabling fairness, gender equity, and representation at work and the prevention of discrimination, sexual harassment and harassment on the ground of sex by recognising the right to freedom of association and the right to be represented, protecting against unfair treatment, discrimination, sexual harassment and harassment on the ground of sex, providing accessible and effective procedures to resolve grievances and disputes and providing effective compliance mechanisms; and
3J Paragraph 6(2)(c)
Repeal the paragraph, substitute:
(c) provides other protections, including protection from discrimination, sexual harassment and harassment on the ground of sex.
(6) Schedule 1, item 4, page 3 (line 20), omit "or sexually harassed", substitute ", sexually harassed or harassed on the ground of sex".
(7) Schedule 1, item 5, page 3 (line 22), omit "or sexual harassment", substitute ", sexual harassment or harassment on the ground of sex".
(8) Schedule 1, item 6, page 3 (before line 25), before the definition of miscarriage , insert:
harass on the ground of sex has the meaning given by section 28AA of theSex Discrimination Act 1984 .
Note: Other parts of speech and grammatical forms of "harass on the ground of sex" (for example, "harassment on the ground of sex") have a corresponding meaning (see section 18A of the Acts Interpretation Act 1901 ).
(9) Schedule 1, item 6, page 3 (before line 25), before the definition of miscarriage , insert:
harassed on the ground of sex at work : see subsection 789FD(2B).
(10) Schedule 1, page 4 (after line 6), after item 6, insert:
6A Section 12 (before paragraph (a) of the definition of worker )
Insert:
(aa) in section 351A—see subsection 351A(4); and
(11) Schedule 1, page 4 (before line 7), before item 7, insert:
6B Section 12 (before paragraph (a) of the definition of worker )
Insert:
(ab) in Part 3-1A—see subsection 378B(1); and
(12) Schedule 1, page 4 (after line 21), after item 9, insert:
9A Section 334 (paragraph beginning "Division 5")
Repeal the paragraph, substitute:
Division 5 provides other protections, including protection from discrimination, sexual harassment and harassment on the ground of sex.
9B Paragraphs 336(1)(c) and (d)
Repeal the paragraphs, substitute:
(c) to provide protection from workplace discrimination, sexual harassment and harassment on the ground of sex;
(d) to provide effective relief for persons who have been discriminated against, victimised, sexually harassed, harassed on the ground of sex or otherwise adversely affected as a result of contraventions of this Part;
9C After section 351
Insert:
351A Sexual harassment and harassment on the ground of sex
(1) A person must not sexually harass, or harass on the ground of sex, a person (the second person ) who is:
(a) a worker or prospective worker; or
(b) a person conducting a business or undertaking;
if the harassment occurs any circumstances connected with the second person being:
(c) a worker or prospective worker; or
(d) a person conducting a business or undertaking.
Note: This subsection is a civil remedy provision (see Part 4-1).
(2) A person conducting a business or undertaking must take all reasonable steps to prevent a worker or prospective worker (the second person ) in the business or undertaking being sexually harassed or harassed on the ground of sex in any circumstances connected with the second person being a worker or prospective worker in the business or undertaking.
Note: This subsection is a civil remedy provision (see Part 4-1).
(3) In this section:
person conducting a business or undertaking has the same meaning as in theWork Health and Safety Act 2011 .
worker has the same meaning as in theWork Health and Safety Act 2011 , but does not include a member of the Defence Force.
Note: Broadly, for the purposes of the Work Health and Safety Act 2011 , a worker is an individual who performs work in any capacity, including as an employee, a contractor, a subcontractor, an outworker, an apprentice, a trainee, a student gaining work experience or a volunteer.
(13) Schedule 1, page 4 (before line 22), before item 10, insert:
9D After Part 3-1 of Chapter 3
Insert:
Part 3-1A — Sexual harassment and harassment on the ground of sex
Division 1 — Introduction
378A Guide to this Part
This Part allows for the granting of remedies to workers that have been sexually harassed or harassed on the ground of sex in any circumstances connected with being a worker.
378B Interpretation
Definitions
(1) For the purposes of this Part:
person conducting a business or undertaking has the same meaning as in theWork Health and Safety Act 2011 .
worker has the same meaning as in theWork Health and Safety Act 2011 , but does not include a member of the Defence Force.
Note: Broadly, for the purposes of the Work Health and Safety Act 2011 , a worker is an individual who performs work in any capacity, including as an employee, a contractor, a subcontractor, an outworker, an apprentice, a trainee, a student gaining work experience or a volunteer.
Former and prospective workers
(2) A reference in this Part to a worker includes a reference to:
(a) a person who is no longer a worker; and
(b) a person who may become a worker.
378C Object of this Part
The object of this Part is to establish quick, flexible and informal procedures for providing effective remedies for workers that have been sexually harassed or harassed on the ground of sex in any circumstances connected with being a worker.
Division 2 — Remedies for workers that have been sexually harassed or harassed on the ground of sex
378D Power for FWC to deal with a dispute about sexual harassment or harassment on the ground of sex
(1) A notification may be lodged with the FWC under this section:
(a) by a worker who claims that they have been sexually harassed or harassed on the ground of sex in any circumstances connected with being a worker; or
(b) jointly by 2 or more workers who claim that they have been sexually harassed or harassed on the ground of sex in any circumstances connected with being a worker for the same business or undertaking; or
(c) by an employee organisation that is entitled to represent the industrial interests of a worker or workers referred to in paragraph (a) or (b).
(2) The notification must be made within 6 years after the sexual harassment or harassment on the ground of sex occurred.
(3) If a person has made a notification under this section, the FWC must start to deal with the matter within 14 days after the notification is made.
(4) The FWC may deal with the notification by arbitration.
Note: The FWC may also deal with a dispute by mediation or conciliation, or by making a recommendation or expressing an opinion (see subsection 595(2)).
(5) If the FWC is satisfied that a worker has been sexually harassed or harassed on the ground of sex (the relevant harassment ) in any circumstances connected with being a worker, the FWC may make any order it considers appropriate in all the circumstances of the case to:
(a) prevent the worker from being sexually harassed or harassed on the ground of sex in any circumstances connected with being a worker; or
(b) prevent further sexual harassment or harassment on the ground of sex in the business or undertaking for which the worker carried out, or will carry out, work at the time of the relevant harassment; or
(c) provide the worker with a remedy, including compensation.
(6) In dealing with a notification by a worker under this section, the FWC must take the following into account:
(a) fairness between the parties concerned;
(b) the public interest in the elimination of sexual harassment or harassment on the ground of sex;
(c) the extent to which the person conducting the business or undertaking for which the worker carried out, or will carry out, work at the time of the relevant harassment has taken all reasonable steps to prevent workers for the business or undertaking being sexually harassed or harassed on the ground of sex in any circumstances connected with being a worker.
(7) A person must not contravene a term of a FWC order made under this Part.
Note: This subsection is a civil remedy provision (see Part 4-1).
(14) Schedule 1, item 10, page 4 (line 26), after "another person", insert "or harasses another person on the ground of sex".
(15) Schedule 1, page 4 (after line 27), after item 10, insert:
10A Subsection 539(2) (cell at table item 11, column 1)
After "351(1)", insert:
(16) Schedule 1, page 4 (before line 28), before item 11, insert:
10B Subsection 539(2) (after table item 12)
Insert:
(17) Schedule 1, item 11, page 4 (line 29), omit "or sexually harassed", substitute ", sexually harassed or harassed on the ground of sex".
(18) Schedule 1, item 12, page 4 (line 31), omit "or sexually harassed", substitute ", sexually harassed or harassed on the ground of sex".
(19) Schedule 1, page 4 (after line 31), after item 12, insert:
12A Paragraph 578(c)
After "eliminate", insert "gender inequity, sexual harassment, harassment on the ground of sex, and".
(20) Schedule 1, item 13, page 5 (line 2), omit "or sexually harassed", substitute ", sexually harassed or harassed on the ground of sex".
(21) Schedule 1, item 14, page 5 (line 4), omit "or sexual harassment", substitute ", sexual harassment or harassment on the ground of sex".
(22) Schedule 1, page 5 (after line 4), after item 14, insert:
14A After Subdivision B of Division 3 of Part 6-1
Insert:
Subdivision BA — Notifications relating to sexual harassment and/or harassment on the ground of sex
733A General rule — complaints to the Australian Human Rights Commission
(1) A person must not lodge a notification under section 378D in relation to sexual harassment or harassment on the ground of sex if:
(a) a complaint has been lodged by, or on behalf of, the person in relation to the same sexual harassment or harassment on the ground of sex under Part IIB of the Australian Human Rights Commission Act 1986 ;and
(b) the complaint has not:
(i) been dealt with by the Australian Human Rights Commission; or
(ii) been withdrawn by the person who lodged the complaint.
(2) A person must not lodge a complaint under Part IIB of the Australian Human Rights Commission Act 1986 in relation to sexual harassment or harassment on the ground of sex if:
(a) a notification under section 378D has been lodged, by or on behalf of, the person in relation the same sexual harassment or harassment on the ground of sex; and
(b) the notification has not:
(i) been dealt with by the FWC; or
(ii) been withdrawn by the person who lodged the notification.
733B General rule — applications under Part 6-4B
(1) A person must not lodge a notification under section 378D in relation to sexual harassment or harassment on the ground of sex if:
(a) an application has been made by, or on behalf of, the person in relation to the same sexual harassment or harassment on the ground of sex under section 789FC; and
(b) the application has not:
(i) been dealt with by the FWC; or
(ii) been withdrawn by the person who made the application.
(2) A person must not make an application under section 789FC in relation to sexual harassment or harassment on the ground of sex if:
(a) a notification has been lodged by, or on behalf of, the person in relation to the same sexual harassment or harassment on the ground of sex under section 378D; and
(b) the notification has not:
(i) been dealt with by the FWC; or
(ii) been withdrawn by the person who lodged the notification.
(23) Schedule 1, item 15, page 5 (line 6), omit "or sexually harassed", substitute ", sexually harassed or harassed on the ground of sex".
(24) Schedule 1, item 16, page 5 (line 8), omit "or sexually harassed", substitute ", sexually harassed or harassed on the ground of sex".
(25) Schedule 1, item 17, page 5 (line 10), omit "or sexual harassment", substitute ", sexual harassment or harassment on the ground of sex".
(26) Schedule 1, item 18, page 5 (line 12), omit "or sexually harassed", substitute ", sexually harassed or harassed on the ground of sex".
(27) Schedule 1, item 19, page 5 (line 14), omit "or sexual harassment", substitute ", sexual harassment or harassment on the ground of sex".
(28) Schedule 1, item 20, page 5 (line 16), omit "or sexually harassed", substitute ", sexually harassed or harassed on the ground of sex".
(29) Schedule 1, item 21, page 5 (line 18), omit "or sexually harassed at work ", substitute ",sexually harassed at work orharassed on the ground of sex at work ".
(30) Schedule 1, item 22, page 5 (lines 21 to 23), omit subsection 789FD(2A), substitute:
(2A) A person is sexually harassed at work if:
(a) the person is sexually harassed by one or more individuals; and
(b) the harassment occurs in connection with the person being a worker.
(31) Schedule 1, item 22, page 5 (after line 23), after subsection 789FD(2A), insert:
(2B) A person is harassed on the ground of sex at work if:
(a) the person is harassed on the ground of sex by one or more individuals; and
(b) the harassment occurs in connection with the person being a worker.
(32) Schedule 1, item 23, page 5 (line 25), omit "or sexual harassment", substitute ", sexual harassment or harassment on the ground of sex".
(33) Schedule 1, item 24, page 6 (line 5), omit "either or both", substitute "any or all".
(34) Schedule 1, item 24, page 6 (after line 15), after subparagraph 789FF(1)(b)(ii), insert:
(iii) the FWC is satisfied that the worker has been harassed on the ground of sex at work by one or more individuals, and the FWC is satisfied that there is a risk that the worker will continue to be harassed on the ground of sex at work by the individual or individuals;
(35) Schedule 1, item 24, page 6 (lines 23 to 27), omit paragraph 789FF(1)(e), substitute:
(e) if subparagraph (b)(iii) applies—prevent the worker from being harassed on the ground of sex at work by the individual or individuals; or
(f) prevent any combination of the things referred to in paragraphs (c) to (e), as the case requires.
(36) Schedule 1, item 25, page 6 (line 29), omit "or sexual harassment", substitute ", sexual harassment or harassment on the ground of sex".
(37) Schedule 1, item 26, page 6 (line 31), omit "or sexually harassed", substitute ", sexually harassed or harassed on the ground of sex".
(38) Schedule 1, item 27, page 6 (line 33), omit "or sexual harassment", substitute ", sexual harassment or harassment on the ground of sex".
(39) Schedule 1, item 28, page 7 (before line 7), before section 49, insert:
48A Notifications relating to sexual harassment or harassment on the ground of sex
Part 3-1A, as inserted by the Sex Discrimination and Fair Work (Respect at Work) Amendment Act 2021 , applies in relation to sexual harassment or harassment on the ground of sex that occurred, or is claimed to have occurred, on or after the commencement of this section.
(40) Schedule 1, item 28, page 7 (after line 28), after clause 50, insert:
51 Orders to stop harassment on the ground of sex
For the purposes of subparagraph 789FF(1)(b)(iii) (as inserted by the Sex Discrimination and Fair Work (Respect at Work) Amendment Act 2021 ), it is immaterial whether the worker has been harassed on the ground of sex at work before, at or after the commencement of this section.
(41) Schedule 1, page 7 (after line 28), after item 28, insert:
Federal Circuit and Family Court of Australia Act 2021
28A Before subparagraph 214(1)(b)(i)
Insert:
(ia) Division 2 of Part IIB of the Australian Human Rights Commission Act 1986 ; or
28B Subsection 214(1) (after note 1)
Insert:
Note 1A: Subparagraph (b)(ia)—see section 46PSA of the Australian Human Rights Commission Act 1986 for proceedings in relation to matters arising under Division 2 of Part IIB of that Act.
Federal Court of Australia Act 1976
28C After paragraph 43(1)(a)
Insert:
(aa) section 46PSA of the Australian Human Rights Commission Act 1986 ; and
(42) Schedule 1, item 31, page 8 (lines 11 and 12), omit "to achieve, so far as practicable, equality of opportunity between men and women", substitute "to achieve substantive gender equality".
(43) Schedule 1, item 60, page 14 (line 23), omit "seriously".
(44) Schedule 1, item 60, page 14 (after line 29), after subsection 28AA(1), insert:
(1A) For the purposes of this Act, a person also harasses another person (the person harassed ) on the ground of sex if:
(a) the person engages in unwanted conduct related to sex, sexual orientation, gender identity, intersex status, marital or relationship status, pregnancy or potential pregnancy, breastfeeding or family responsibilities; and
(b) the person does so in circumstances in which a reasonable person, having regard to all the circumstances, would have anticipated the possibility that the conduct would:
(i) violate the dignity of the person harassed; or
(ii) create or facilitate an intimidating, hostile, degrading, humiliating or offensive environment for the person harassed.
(45) Schedule 1, page 15 (line 1), omit "subsection (1)", substitute "subsections (1) and (1A)".
(46) Schedule 1, item 77, page 19 (after line 21), after Division 5, insert:
Division 6 — Duty to eliminate discrimination, sexual harassment, harassment on the ground of sex and victimisation
47B Purpose of Division
The purpose of this Division is to provide for the taking of positive action by employers and persons conducting a business or undertaking to eliminate discrimination, sexual harassment, harassment on the ground of sex and victimisation.
47C Duty to eliminate discrimination, sexual harassment, harassment on the ground of sex or victimisation
(1) This section applies to an employer or a person conducting a business or undertaking who has a duty under this Act not to engage in discrimination, sexual harassment, harassment on the ground of sex or victimisation.
(2) It is unlawful for the employer or person to fail to take reasonable and proportionate measures to eliminate that discrimination, sexual harassment, harassment on the ground of sex or victimisation as far as possible.
Note: See also the definition of unlawful discrimination in theAustralian Human Rights Commission Act 1986 .
(3) In determining whether a measure is reasonable and proportionate, the following factors must be considered:
(a) the size of the employer's or person's business or operations;
(b) the nature and circumstances of the employer's or person's business or operations;
(c) the employer's or person's resources;
(d) the employer's or person's business and operational priorities;
(e) the practicability and the cost of the measures;
(f) any other relevant factors.
Note 1: Other relevant factors may include, for example, systemic issues within a particular industry or workplace.
Note 2: Examples of measures that may be reasonable and proportionate include the following:
(a) a small, not-for-profit community organisation takes steps to ensure that its staff are aware of the organisation's commitment to treating staff with dignity, fairness and respect, including developing and implementing a clear procedure for managing staff complaints;
(b) a large company undertakes an assessment of its compliance with this Act and, as a result of the assessment, the company develops a compliance strategy that includes training, regular monitoring, annual progress reporting, and continuous improvement of the strategy.
47D Commission may assess compliance etc.
(1) The Commission may, on its own initiative or on application by a person, inquire into the extent to which an employer or a person conducting a business or undertaking has complied with section 47C if the Commission is satisfied that:
(a) the subject of the inquiry:
(i) raises an issue that is serious in nature; and
(ii) relates to a class or group of persons; and
(b) there are reasonable grounds to suspect that one or more contraventions of section 47C have occurred; and
(c) the inquiry would advance the objectives of this Act.
(2) As soon as practicable after commencing the inquiry, the Commission must give the employer or person a written notice (a show cause notice ):
(a) stating the grounds on which the Commission commenced the inquiry; and
(b) inviting the employer or person to give the Commission, within 28 days after the day the notice is given, a statement setting out the measures the employer or person has taken to comply with section 47C.
(3) The Commission may, in writing, extend the period of 28 days referred to in paragraph (2)(b) if:
(a) the employer or person requests the extension by giving notice in writing to the Commission before the end of that period; and
(b) the Commission is satisfied that the employer or person has a reasonable excuse for not providing a statement in response to the show cause notice within that period.
(4) If the Commission is satisfied as a result of the inquiry that the employer or person is not complying with section 47C, the Commission may do either or both of the following:
(a) accept a voluntary undertaking given by the employer or person under section 47E;
(b) give the employer or person a written notice under section 47G.
47E Enforceable voluntary undertakings
(1) If the Commission is satisfied as a result of an inquiry under section 47D that an employer or a person conducting a business or undertaking is not complying with section 47C, the Commission may accept any of the following undertakings:
(a) a written undertaking given by the employer or person that the employer or person will, in order to comply with section 47C, take specified action;
(b) a written undertaking given by the employer or person that the employer or person will, in order to comply with section 47C, refrain from taking specified action;
(c) a written undertaking given by the employer or person that the employer or person will take specified action directed towards ensuring that the employer or person does not contravene section 47C, or is unlikely to contravene section 47C, in the future.
(2) The undertaking must be expressed to be an undertaking under this section.
(3) The employer or person may withdraw or vary the undertaking at any time, but only with the written consent of the Commission.
(4) The consent of the Commission is not a legislative instrument.
(5) The Commission may, by written notice given to the employer or person, cancel the undertaking.
47F Enforcement of undertakings
(1) The Commission may apply to the Federal Court or the Federal Circuit and Family Court of Australia (Division 2) for an order under subsection (2) if:
(a) an employer or a person conducting a business or undertaking has given an undertaking under section 47E; and
(b) the undertaking has not been withdrawn or cancelled; and
(c) the Commission considers that the employer or person has breached the undertaking.
(2) If the court concerned is satisfied that the employer or person has breached the undertaking, the court may make any or all of the following orders:
(a) an order directing the employer or person to comply with the undertaking;
(b) any order that the court considers appropriate directing the employer or person to compensate any other person who has suffered loss or damage as a result of the breach;
(c) any other order that the court considers appropriate.
47G Compliance notices
(1) If the Commission is satisfied as a result of an inquiry under section 47D that an employer or a person conducting a business or undertaking is not complying with section 47C, the Commission may give the employer or person a written notice (a compliance notice ) under this section.
(2) However, the compliance notice must not be given unless:
(a) the Commission has given the employer or person a show cause notice under subsection 47D(2); and
(b) either:
(i) the employer or person has given a statement in response to the show cause notice; or
(ii) the 28 day period (or if extended under subsection 47D(3), that longer period) specified in the show cause notice has passed.
(3) The compliance notice must:
(a) set out the name of the employer or person; and
(b) set out the details of the employer's or person's non-compliance; and
(c) specify action that the employer or person must take in order to address the non-compliance; and
(d) specify a reasonable period within which the employer or person must take the specified action; and
(e) specify a reasonable period within which the employer or person must provide the Commission with evidence that the employer or person has taken the specified action.
(4) The Commission may apply to the Federal Court or the Federal Circuit and Family Court of Australia (Division 2) for an order under subsection (5) if:
(a) the Commission has given an employer or a person conducting a business or undertaking a compliance notice; and
(b) the Commission considers that the employer or person has failed to comply with the notice.
(5) If the court concerned is satisfied that the employer or person has failed to comply with the notice, the court may make any or all of the following orders:
(a) an order directing the employer or person to comply with the notice;
(b) any order that the court considers appropriate directing the employer or person to compensate any other person who has suffered loss or damage as a result of the non-compliance;
(c) any other order that the court considers appropriate.
47H Powers of Commission in relation to inquiries
In conducting an inquiry under section 47D, Division 3 of Part II of the Australian Human Rights Commission Act 1958 applies as if the inquiry were an inquiry under that Division.
47J Delayed commencement of positive duty
Application of positive duty
(1) Section 47C does not apply to an employer, or to a person conducting a business or undertaking, before the enforcement day.
(2) The enforcement day is the day occurring 6 months after the commencement of this section.
Inquiries into non-compliance with positive duty
(3) The Commission must not commence an inquiry under section 47D before the enforcement day.
47K Commission must publish guidance material
(1) The Commission must develop guidance material on the operation of section 47C.
(2) In developing the guidance material, the Commission must consult with relevant stakeholders, including the Respect@Work Council and its associate members.
(3) The Commission must:
(a) make the guidance material readily accessible to the public as soon as practicable before the enforcement day (within the meaning of subsection 47J(2)); and
(b) ensure that the guidance material is kept up to date.
(47) Schedule 1, page 19 (before line 22), before item 78, insert:
77A After paragraph 48(1)(c)
Insert:
(ca) to exercise the powers conferred on it by Division 6 of Part II;
(48) Schedule 1, page 19 (before line 22), before item 78, insert:
77B After paragraph 48(1)(f)
Insert:
(fa) to inquire into any matter that may relate to systemic acts, omissions or practices that are unlawful under this Act; and
(49) Schedule 1, page 20 (after line 17), after item 83, insert:
83A After section 48
Insert:
49 Performance of functions relating to systemic acts, omissions or practices that are unlawful under this Act
(1) Subject to subsection (2), the Commission shall perform the function referred to in paragraph 48(1)(fa) when:
(a) the Commission is requested to do so by the Minister; or
(b) it appears to the Commission to be desirable to do so.
(2) The Commission may decide not to inquire into a matter, or, if the Commission has commenced to inquire into a matter, may decide not to continue to inquire into the matter, if:
(a) the Commission is satisfied that the matter does not relate to systemic acts, omissions or practices that are unlawful under this Act; or
(b) the Commission is satisfied, having regard to all the circumstances, that an inquiry, or the continuation of an inquiry, into the matter is not warranted.
(3) The function of the Commission under paragraph 48(1)(fa) shall be performed by the President, and a reference in this Act or the Australian Human Rights Commission Act 1986 to the Commission or to a member of the Commission shall, in relation to the performance of that function, be read as a reference to the President.
50 Reports to the Minister
If:
(a) the Commission has inquired into a matter that may relate to systemic acts, omissions or practices that are unlawful under this Act; and
(b) the Commission is of the opinion that the matter relates to systemic acts, omissions or practices that are unlawful under this Act;
the Commission may report to the Minister in relation to the inquiry.
(50) Schedule 1, page 20 (after line 21), after item 85, insert:
85A After subsection 104(1)
Insert:
(1A) Subsection (1) does not allow the President to delegate any of the President's powers relating to the function of the Commission under paragraph 48(1)(fa) that is to be performed by the President because of subsection 49(4) to a member of the Commission other than:
(a) the Commissioner; or
(b) the Human Rights Commissioner.
85B Subsection 104(2)
Omit "The", substitute "Subject to subsection (3), the".
85C At the end of section 104
Add:
(3) If the President delegates any of the President's powers relating to the function of the Commission under paragraph 48(1)(fa) to the Commissioner, subsection (2) does not apply in relation to those powers.
(51) Page 23 (after line 11), at the end of the Bill, add:
Schedule 2 — Ten days Paid Family and Domestic Violence Leave
Fair Work Act 2009
1 Section 12
Insert:
paid family and domestic violence leave means paid family and domestic violence leave to which a national system employee is entitled under section 106A.
2 Section 12 (definition of unpaid family and domestic violence leave )
Repeal the definition.
3 Subsection 17(2) (note)
Omit "unpaid family and domestic violence leave", substitute "paid family and domestic violence leave".
4 Paragraph 61(2)(e)
Omit "unpaid family and domestic violence leave", substitute "paid family and domestic violence leave".
5 Division 7 of Part 2-2 (heading)
Omit "unpaid", substitute "paid".
6 Subdivision CA of Division 7 of Part 2-2 (heading)
Omit "Unpaid", substitute "Paid".
7 Section 106A (heading)
Omit "unpaid", substitute "paid".
8 Subsection 106A(1)
Omit "5 days of unpaid family and domestic violence leave", substitute "10 days of paid family and domestic violence leave".
9 Subsection 106A(2)
Omit "Unpaid", substitute "Paid".
10 Subsection 106A(4)
Omit "unpaid", substitute "paid".
11 Paragraph 106A(4)(a)
Omit "5 day period", substitute "10 day period".
12 Subsection 106A(5)
Omit "more than 5 days of unpaid leave", substitute "paid or unpaid leave in addition to the entitlement in subsection (1)".
13 At the end of section 106A
Add:
(6) If an employee takes a period of paid family and domestic violence leave, the employer must pay the employee:
(a) for an employee other than a casual employee—at an employee's ordinary hourly rate, including applicable shift loadings and penalties.; or
(b) for a casual employee—at the rate of pay that the employer would be required to pay the employee, for the hours of work in the period for which the employee was rostered, including casual loading and any applicable shift loadings and penalties.
14 Section 106B (heading)
Omit "unpaid", substitute "paid".
15 Subsection 106B(1)
Omit "unpaid", substitute "paid".
16 Subsection 106B(1) (note 1)
Repeal the note, substitute:
Note 1: Examples of actions, by an employee who is experiencing family and domestic violence, that could be covered by paragraph (b) include (but are not limited to) attending legal proceedings, counselling, appointments with medical, financial or legal professionals; and/or relocation or making other safety arrangements.
17 Subsection 106B(2)
Omit all of the words before paragraph (a), substitute:
(2) Family and domestic violence is violent, threatening or other abusive behaviour by a close relative of an employee or a member of an employee's household that:
18 Subsection 106C(1)
Repeal the subsection, substitute:
(1) Employers must take steps to ensure information concerning any notice or evidence an employee has given under section 107 of the employee taking leave under this Subdivision is treated confidentially.
Note: Information concerning an employee's experience of family and domestic violence is sensitive and if mishandled can have adverse consequences for the employee. Employers should consult with such employees regarding the handling of this information.
19 Section 106D (heading)
Omit "unpaid", substitute "paid".
20 Paragraph 107(3)(d)
Omit "unpaid", substitute "paid".
21 At the end of Part 11 of Schedule 1
Add:
52 Entitlement to paid family and domestic violence leave
(1) Subdivision CA of Division 7 of Part 2-2, as amended by the Sex Discrimination and Fair Work (Respect at Work) Amendment Act 2021 , applies in relation to an employee whose employment started before the commencement of this clause as if the period:
(a) starting on that commencement; and
(b) ending on the first day after that commencement that is an anniversary of the day the employment started;
were a 12 month period.
(2) For the purposes of this clause, if an employee is employed by a particular employer:
(a) as a casual employee; or
(b) for a specified period of time, for a specified task or for the duration of a specified season;
the start of the employee's employment is taken to be the start of the employee's first employment with that employer
The House divided. [13:10]
(The Speaker—Hon. Tony Smith)
That this bill be now read a third time.
That order of the day No. 3, government business, be postponed until a later hour this day.
When I was just a boy, about 15, he asked me if I would like to come to hospital and see him operate and I was very keen.
As I was going into the operating theatre, his advice to me was, 'if you faint, fall backwards, don't fall on my patient'—
… at a time of great uncertainty, when underpinning confidence was key, it's not crazy to have opted for the cleanest, simplest scheme that gave businesses an ironclad guarantee of what they'd receive.
That leave of absence be given to every Member of the House of Representatives from the determination of this sitting of the House to the date of its next sitting.
That leave of absence from 18 October until 28 October 2021 be given to the honourable member for Blaxland for parental leave purposes.
The failure of the government to plan through and beyond the pandemic.
The national plan we have developed and agreed is our pathway to living with this virus. That is our goal, to live with this virus, not to live in fear of it.
I'm here today to see the magic bullet to get out of lockdown, the AstraZeneca vaccine. I'm here to see how Australian made is going to break the lockdown and help stop the spread of COVID.
That the House:
(1) notes:
(a) in a free democratic nation, any preventive medical intervention should only to be carried out with the prior, free and informed consent of the person concerned;
(b) that no Australia should be placed in a position where they are forced to undertake medical intervention to open their business, keep their job, to be able to pay their mortgage, or to put food on the table;
(c) today, many Australians are being coerced, against their free will to submit to receiving a medical intervention (being the COVID vaccines) just to open their business, keep their job, to be able to pay their mortgage, or to put food on the table;
(d) that no Australian should be placed in a position where they are forced to undertake a medical intervention to visit a beach or park;
(e) today, many Australians are being coerced, against their free will to submit to receiving a medical intervention (being the COVID vaccines) if they wish to visit a beach or go to a park;
(f) that the Australian constitution provides that trade commerce and intercourse between the state shall be "absolutely free";
(g) the words "absolutely free" in the Constitution are not preceded by first providing some government issued health papers;
(h) many Australians are being coerced, against their free will to submit to receiving a medical intervention (being the COVID vaccines) to cross state borders;
(i) the only document that Australians should need to cross a state border within Australia, is that little book called The Constitution; and
(j) the latest data out of Israel evidences that vaccine passports are deception and little more that a marketing stunt as they provide little evidence that a person is less likely to have COVID, and the latest published science evidences that person with a vaccine passport is no less likely to spread COVID compared to a person without a vaccine passport; and
(2) calls on Government to immediately bring the No Domestic Covid Vaccine Passport Bill 2021 for debate and for a vote.
That so much of the standing and sessional orders be suspended as would prevent the Member for Hughes from moving the following motion immediately:
That the government immediately bring on the No Domestic COVID Vaccine Passports Bill 2021 for debate and a vote before this parliament rises.
That the House do now adjourn.
Treasury Laws Amendment (2021 Measures No. 6) Bill 2021
Paid Parental Leave Amendment (COVID-19 Work Test) Bill 2021
National Health Amendment (COVID-19) Bill 2021
National Redress Scheme for Institutional Child Sexual Abuse Amendment Bill 2021
Charter of the United Nations Amendment Bill 2021
Treasury Laws Amendment (2021 Measures No. 2) Bill 2021
That the amendments be agreed to.
… we must champion safer and more sustainable ways of producing food. … reducing our reliance on industrial animal agriculture and aquaculture, and backing protein sources that have fewer impacts on human and planetary health, are central to this.