Employers who ignore requirements to end workplace sexual harassment and discrimination could face civil penalties.
A landmark report by the Australian Human Rights Commission has amplified the voices of more than 300 victim-survivors.
Contributors told the commission many aspects of their living and working conditions made it difficult for workplace sexual harassment to be prevented and properly addressed.
This included casual work with no job security, visa restrictions, being silenced with non-disclosure agreements and not having the support to know how to report harassment.
The report outlines 11 key recommendations to address this form of harassment, including law reform to limit the use of confidentiality and NDAs and increased funding for specialist support services.
It also recommends introducing civil penalties for employers who breach their positive duty under the act.
Workplaces needed to reduce barriers to education, safety, support, justice and accountability, the report found.
It is the final recommendation of the Respect@Work report, handed down by former sex discrimination commissioner Kate Jenkins in 2020, which identified strong leadership as a key to preventing workplace sexual harassment.
At the end of 2023, a "positive duty" requiring employers to take steps to eliminate work-related sexual harassment and sex discrimination became enforceable.
"The workplace culture definitely needs to change," a worker with a disability told the commission.
"We've got the legislation, we just need to make sure that businesses are keeping accountable to it."
People with lived experience said secure work conditions characterised by fair contracts, financial stability and robust worker protections were foundational to addressing workplace sexual harassment.
"Workers shouldn't have to choose between their safety and their livelihood," Sex Discrimination Commissioner Anna Cody said.
"Workplace sexual harassment can affect every part of life, and people who experience it often have the least amount of power: those in insecure work, who are younger, on temporary visas, facing racism, ableism, homophobia, language barriers and other forms of discrimination."
Dr Cody described the report as a crucial final step in the commission's Respect@Work agenda, but there was more to be done.
"The report calls for real action, accountability and cultural shifts for everyone to be safe and respected at work," she said.
1800 RESPECT (1800 737 732)
National Sexual Abuse and Redress Support Service 1800 211 028
Lifeline 13 11 14
Fullstop Australia 1800 385 578