Queensland introduce a ban on workplace environments that are hostile on the basis of sex

The Queensland Parliament has passed the Respect at Work and Other Matters Amendment Act 2024 (Qld) (the Act), which among other things replicates the recently amended Sex Discrimination Act 1984 in establishing a ban on conduct that creates a workplace environment that is hostile on the basis of sex, and establishes a positive duty to take steps to eliminate sexual harassment at work.

The Act introduces new prohibitions on harassment on the basis of sex (including prohibiting subjecting a person to a hostile work environment), and imposes a positive duty on all employers to take reasonable and proportionate measures to eliminate discrimination, sexual harassment and other conduct that is unlawful under the Anti-Discrimination Act 1991 (Qld) (the AD Act).

One of the stated aims of the Act is to ensure consistency between the protections contained in the State anti-discrimination law and the anti-discrimination laws that exist at the federal level.

Shared burden of proof in discrimination matters

The amendments also include the introduction of a ‘shared burden of proof’ that will apply primarily to complaints of direct discrimination. The effect of the amendments will be that if there are facts from which it could be decided, in the absence of any other explanation, that the respondent contravened the provision of the AD Act that is the subject of the alleged contravention, the respondent is taken to have contravened the provision.

This does not apply if the respondent proves, on the balance of probabilities, that the respondent did not contravene the provision. This means that the complainant need only establish a prima facie case of discrimination, then the burden shifts to the respondent to show, on the balance of probabilities, that the reason for their impugned conduct was not because the complainant had an attribute, or that there was some other non-discriminatory reason, or that they otherwise did not contravene the AD Act.

The Act will commence on a date to be fixed by proclamation.

Source: Queensland Parliament

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