Respect@Work Council Terms of Reference 2024

Sex Discrimination Commissioner, Australian Human Rights Commission.

The Respect@Work Council (hereafter referred to as the Council) consists of the following members, nominated for a 24-month term, to provide expertise and advice relating to workplace sexual harassment:

• Sex Discrimination Commissioner, Australian Human Rights Commission
• General Manager, Fair Work Commission
• Fair Work Ombudsman
• CEO, Safe Work Australia
• Chair, Heads of Workplace Safety Authorities
• Chair, Heads of Workers’ Compensation Authorities
• Representative, Australian Council of Human Rights Authorities
• Director, Workplace Gender Equality Agency
• First Assistant Secretary, Attorney-General’s Department
• Director, Council of Small Business Organisations Australia CEO, Australian Chamber of Commerce and Industry
• CEO, Ai Group
• President, Australian Council of Trade Unions
• Executive Director, Community Legal Centres Australia
• Director, Kingsford Legal Centre
•  Board Member, Business Council of Australia
• Assistant National Secretary, Australian Services Union
• Assistant National Secretary, Shop, Distributive and Allied Employees’ Association
• President, United Workers Union
• Secretary, Community and Public Sector Union
• Director, Working Women’s Centre South Australia
• Director, National Women’s Safety Alliance
• Representative, Australian Women Lawyers
• CEO, Diversity Council Australia

The Council will consult with any additional stakeholders, where relevant and appropriate, to inform its work, including by inviting guest presenters or observers to Council meetings.

Council meetings will be held at least biannually. Meetings will be held via videoconference.

The Council can settle additional operational procedures (if required) separately to these Terms of Reference.

The Council will make decisions on the basis of consensus, wherever possible.

The Council can determine an agreed process for decision making if consensus cannot be reached.

The Council will be supported by a Secretariat led by the Attorney-General’s Department. The Secretariat will organise meetings, draft agendas and meeting papers (with guidance from the Chair and broader membership), record and circulate minutes, keep appropriate records and co-ordinate the preparation of policy papers, where applicable.

The Secretariat will provide members with minutes following each meeting.

Members will support the Council to consider matters within the scope of its responsibility and provide expert advice to the Australian Government on workplace sexual harassment.

Members will do this by providing considered and informed advice based on organisational knowledge or research, personal experience and the experiences of the organisation and any member organisations.

Members may provide advice in collaboration with other members where appropriate.

Members will also provide updates to the Council on their activities relevant to the Council’s scope of responsibility.

The purpose of the Council is to bring together leaders from relevant bodies and sectors to consider how key legal and regulatory frameworks can be better used to manage the risk of, prevent and respond to workplace sexual harassment, promote safer workplaces, and reduce undue burdens on employers and individuals who have experienced workplace sexual harassment.

The Council provides a coordinated mechanism for existing policy and regulatory bodies with responsibility for sexual harassment to work together collaboratively and improve coordination, consistency and clarity across legal and regulatory frameworks. It also provides a forum for non-government organisations and representatives to inform this work by providing their expertise and experience.

The Council provides a forum for the discussion of member organisations’ challenges and best practice on Respect@Work implementation and addressing workplace sexual harassment.

Taking into consideration the findings and recommendations from the Australian Human Rights Commission’s Respect@Work: National Inquiry into Sexual Harassment in Australian Workplaces report (the Respect@Work Report), the Council’s responsibilities include, but are not limited to:

• undertaking work to improve consistency, clarity and coordination across the key legal and regulatory frameworks to ensure they are effective in preventing and responding to workplace sexual harassment
• providing advice to the Australian Government and responsible agencies as appropriate about the practical impact and effectiveness of Respect@Work and related legal and regulatory reforms from a workplace perspective, and any proposed improvements to shift behavior in workplaces
• providing advice to regulatory agencies on current projects to improve legal and regulatory frameworks relating to workplace sexual harassment and ongoing maintenance of Respect@Work training and educational materials
• supporting implementation and review of any remaining Respect@Work Report recommendations and any other initiatives identified in the Respect@Work Report, and
• progressing other projects or initiatives to address workplace sexual harassment identified by the Council, as agreed with the Attorney-General.

The Council’s 24-month term will commence on 1 March 2024 and conclude on 28 February 2026.

These Terms of Reference may be amended, varied or modified in writing after consultation and agreement by the Council and the Attorney-General.

Endorsed by the Office of the Attorney-General.