New attributes and positive duties under the Respect at Work amendments

The Respect at Work and Other Matters Amendment Bill 2024 (Qld) was passed on 10 September 2024 and enacts many recommendations from the Queensland Human Rights Commission’s (QHRC) Building Belonging Report. The changes expand upon protected attributes, positive duties of employers, and QHRC’s powers and functions.

Key changes will come into effect from 1 July 2025, and include:

Employers now have a positive duty to mitigate or eliminate the risk of discrimination, sexual harassment, and vilification from occurring.

Changes expand the duty of employers to take reasonable steps to mitigate or eliminate discrimination on the basis of all protected attributes, harassment on the basis of sex, vilification, and other unlawful conduct.

Additional specific protections against workplace harassment on the basis of sex or creating a hostile work environment on the basis of sex.

This protection is not new but clarifies an employer’s duty to prevent this conduct from occurring. Employers can find more information on what this conduct may look like in the workplace, on the WGEA website.

Expanded protected attributes to include:

• Expunged conviction

• Irrelevant criminal record

• Homelessness

• Irrelevant medical record

• Physical appearance

• Subjection to domestic or family violence

Creation of a shared burden of proof for discrimination complaints.

A complaint only needs to establish that they were discriminated against in the first instance. It is then up to the respondent to prove that the conduct was not due to the complainant having an attribute, or that there was some other reason that is non-discriminatory.

Expand the functions of the Queensland Human Rights Commission powers to investigate compliance.

The QHRC will have the power to conduct investigations in relation to compliance with a positive duty, or matters related to suspected contraventions. They now have the power to take enforcement action.

The QHRC is expected to release guidance material on these changes, and how employers can ensure compliance, within the upcoming months.

Steps employers can take:

• Understand these changes, how this may affect your workplace, and what unlawful conduct may look like

• Review current policies and procedures, ensuring they reflect amendments (including definitions) and a commitment to taking a proactive stance against harassment, discrimination and vilification

• Conduct an employee survey to measure the extent unlawful conduct is experienced in the workplace

• Review, or undertake, a risk assessment for harassment, discrimination, vilification and other unlawful conduct

• Based on survey results, provide training to employees on appropriate workplace conduct, fostering safe work environments, and their obligations

• Encourage managers and leaders to be role models in displaying respectful behaviour, regularly communicating expectations, and addressing issues or complaints promptly

• Begin developing a prevention plan, in consultation with workers, which determines control measures and is in line with any guidance material provided by the QHRC

• Ensure your complaints process is updated, and clearly outlines each step from lodging to investigation, and how outcomes are communicated