The Australian Law Reform Commission (ALRC) has released its final report on justice responses to sexual violence, marking a critical step in addressing the barriers that victim-survivors face in seeking justice. While recent reforms have strengthened legal protections, the report—and our own experience at Working Women Queensland (WWQ)—highlights persistent gaps that need urgent attention.
As we outlined in our submission to the ALRC, workplace sexual violence remains underreported, and victims face significant barriers in accessing justice. Power imbalances, economic insecurity, and a culture of victim-blaming continue to silence many women. The legal system, despite improvements, still places undue burdens on victim-survivors. The question remains: are we doing enough to ensure just outcomes?
Key legal reforms: Progress, but not perfection
The ALRC report builds on the recommendations of the landmark Respect@Work Report, which called for stronger protections and employer accountability. Some of the key reforms include:
- A positive duty on employers: The introduction of a positive duty under the Sex Discrimination Act 1984 (Cth) now requires employers to take proactive steps to prevent sexual harassment. This shift moves away from placing the onus on individuals to report misconduct, recognising that workplace culture plays a crucial role in preventing violence.
- Expanded protections under the Fair Work Act: Workplace sexual harassment is now explicitly recognised as misconduct, and victim-survivors can access remedies through the Fair Work Commission (FWC), including stop sexual harassment orders.
- Stronger regulatory oversight: The Australian Human Rights Commission (AHRC) has new enforcement powers, including the ability to investigate systemic failures by employers.
These changes represent significant progress, but they are not enough. As our submission highlighted, legal pathways remain complex, inaccessible, and, in many cases, re-traumatising for victims.
Persistent barriers to justice
Despite legal reforms, the ALRC report and our own frontline experience highlight ongoing barriers that prevent victim-survivors from accessing justice:
- Power imbalances in the workplace: Many women experience sexual violence at work due to hierarchical structures where power is concentrated in a few individuals, making it difficult for victims to speak up without fear of retaliation. As we noted in our submission, those in lower-paid, insecure jobs—such as hospitality, retail, and care sectors—face even greater risks, with financial insecurity preventing them from taking legal action.
- A culture of victim-blaming and retaliation: Too often, workplace sexual violence is minimised or ignored, with victims being labelled as troublemakers or forced out of their jobs. The ALRC report acknowledges that workplace cultures must shift to prevent retaliation against those who report harassment.
- Legal costs and complexity: While legal avenues have expanded, the cost of seeking justice remains prohibitive, with many victim-survivors unable to afford legal representation. The ALRC report recommends improved funding for legal assistance services, but without immediate action, justice remains out of reach for many.
- Burden of proof and evidentiary hurdles: As we highlighted in our submission, victims often face impossibly high standards of proof, making it easy for employers to dismiss complaints. The justice system must shift towards believing and supporting victims, rather than forcing them to relive trauma in adversarial legal proceedings.
Where do we go from here?
The ALRC report provides a roadmap for further reform, but we need urgent action to ensure justice is truly accessible:
- Stronger enforcement of positive duties: While positive duty laws are now in place, there is little oversight of whether employers are actually complying. We need independent monitoring and penalties for non-compliance.
- Independent review mechanisms: Victims need a clear, accessible pathway to challenge employer responses, ensuring that complaints are taken seriously.
- Better legal and financial support for victims: The justice system must remove cost barriers and ensure all victim-survivors can access free, independent legal representation.
- Protections against retaliation: Legal reforms must include stronger safeguards to protect those who report workplace sexual violence from losing their jobs or facing further harm.
- Ending non-disclosure agreements (NDAs): As we highlighted in our submission, NDAs continue to silence victims and protect perpetrators. Transparency is key to accountability.
The ALRC report is a critical step forward, but without meaningful implementation, workplace sexual violence will continue to thrive in silence. We must demand stronger enforcement, independent oversight, and real protections for victim-survivors. It is time to move beyond symbolic reforms and create workplaces where all women feel safe, supported, and empowered to seek justice.
If you or someone you know has experienced workplace sexual violence, help is available. Contact 1800 RESPECT (1800 737 732) or visit www.1800Respect.org.au for confidential support.