Legislation takes aim at gender-based violence and inequality

October 20, 2022
Issue 
鈥楩uck the patriarchy鈥 鈥 protesters at a Sydney International Women鈥檚 Day march in March, 2020
Protesters at a Sydney International Women鈥檚 Day march in March, 2020. Photo: Zebedee Parkes

The scourge of sexual violence means that many women are prevented from fully participating in society. The statistics on sexual discrimination and gendered violence remain high and are tragic.

Figures from reveal that 1 in 5 women over the age of 15 have experienced sexual violence. On average, one woman a week is murdered by a current or former spouse.

Gendered violence often has a disproportionate impact on already marginalised groups: the risk of violence for women with diverse cultural, gender, sexual and ability identities.

Gendered violence extends into many workplaces. Marian Baird, Professor of Gender and Employment Relations at the University of Sydney, in March: 鈥淪exual harassment is a persistent and pervasive feature of women鈥檚 experience at work鈥.

This is borne out by data collected by the Workplace Gender Equality Agency (WGEA), which that women are more likely than men to experience harassment in the workplace.

The , released in 2020, detailed the devastating impacts of sexual harassment in workplaces, including life-changing ramifications for women鈥檚 health, wellbeing and career progression.

It has been estimated that sexual harassment in workplaces costs the Australia economy up to $ a year.

The Labor government has introduced two new bills aimed at reversing the gender-based violence.

The , introduced at the end of September in response to the Respect@Work Report, aims to implement the report鈥檚 recommendations, including the introduction of 鈥減ositive duty鈥 to the 1984 Sex Discrimination Act (SDA).

Kate Jenkins, the Respect@Work Commissioner, said the introduction of positive duty 鈥渟hifts the emphasis from a complaints-based model to one where employers must continuously assess and evaluate鈥 their adherence to sex discrimination law.

The bill seeks to provide the Australian Human Rights Commission with more power to monitor and enforce compliance with the SDA. It also lowers the threshold to establish that sexual harassment has taken place in the workplace.

While the bill is a step towards eliminating sexual harassment in the workplace, some say real progress requires more policy reform and systemic changes.

Sue Bolton, a long-term Socialist Alliance councillor for Merri-Bek and Victorian election candidate for Pascoe Vale, believes that even with the new bill, more needs to be done to assist vulnerable workers, already at greater risk of sexual harassment.

She said their workplace situation is 鈥渦nlikely鈥 to change unless the reforms enshrine protection for workers. They include the provision for permanent employment contracts, instead of temporary employment, and increasing security for workers on precarious temporary visas.

Bolton said meaningful strategies to address sexual harassment in workplaces requires progress on gender inequality. This includes a cultural shift to value women鈥檚 work.

Responding to the Respect@Work report, Greens Senator said: 鈥淭he goal of gender parity will not be achieved unless we dismantle the structures of power, privilege and patriarchy鈥.

Statistics show that Australia鈥檚 is widening and women are in workplace decision-making roles.

The federal government has released its 144鈥損age , setting out an action plan to address gender-based violence.

Importantly, it acknowledges gender inequality is a major driver of violence against women and says violence against women and children is a problem of 鈥渆pidemic鈥 proportions.

The plan ambitiously aims to end violence against women in one generation. It recommends changes to legal and policing practices, such as better training for police and lawyers.

It advocates for trauma-informed support for victim-survivors and includes recommendations to increase financial supports available to people leaving family violence situations.

It explicitly mentions the need to approach gender-based violence in an intersectional way. This includes a separate action plan to address First Nations women鈥檚 experience of violence.

Antoinette Braybrok, CEO of Aboriginal Community Controlled Organisation, Djirra, welcomed the plan. However, she said: 鈥淭o see change, we need long-term investment and Aboriginal led, self-determined solutions鈥.

Recent moves to criminalise coercive control demonstrate that First Nations voices are being ignored when it comes to informing policy and debate around gender-based violence.

A by Sisters Inside and the Institute for Collaborative Race Research in July last year criticised the approach that 鈥渁ssumes that gendered power dynamics shape interpersonal relationships, but not policies, laws and institutions 鈥 and erases the effects of racialised and heteronormative domination鈥.

They were responding to the Discussion Paper 1 of the Women鈥檚 Safety and Justice Taskforce on coercive control.

Larissa Waters, Greens Senate leader, to end violence as 鈥渓audable鈥 however, she said that 鈥渨ithout an increase in funding or meaningful targets, it offers little relief to those trying to escape family and domestic violence today鈥.

, including by the Women鈥檚 Legal Service in Victoria, have been made to strengthen the plan鈥檚 focus on areas that impact the safety of women and children, including family, immigration, employment and antidiscrimination law.

This is particularly important given the women face in the federal and family courts in cases of domestic violence.

[Join a Reclaim the Night event 鈥 , , and 鈥 near you to demand an end to sexual violence against women.]

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