Ms Banks spoke to Lawyers Weekly ahead of the forum about the Respect at Work Bill, which was recently tabled in Parliament.

Parliament passed the Sex Discrimination and Fair Work (Respect at Work) Amendment Bill 2021 in September 2021, over 19 months after sex discrimination commissioner Kate Jenkins handed down the Respect@Work report (which included a number of recommendations to improve responses to sexual harassment in the workplace).

The bill officially made sexual harassment a sackable offence and made it clearer under the act that harassing a person on the basis of sex is prohibited.

The Anti-Discrimination and Human Rights Legislation Amendment (Respect at Work) Bill 2022 (tabled in Parliament on Tuesday, 27 September 2022) places the responsibility on employers to report sexual harassment rather than the victims impacted by this conduct to lodge complaints at a time when they are most vulnerable.

This indicates a significant shift in focus of the Sex Discrimination Act 1984 to the systemic prevention of sexual and sex-based harassment, sex discrimination, hostile work environments and victimisation.

“With many women in the legal profession still reporting that they experience or have experienced sexual harassment or discrimination of some type in the workplace, I think one of the biggest hopes for change is that the new federal government has introduced and is going to legislate in relation to the Respect@Work report, and most importantly, that they’re going to legislate the positive duty on the employer,” Ms Banks said.

“This means that in the legal profession, [the duty to create a safe and healthy workplace] will fall on partnerships, businesses, and corporations. This will be good for all women as it’s a positive duty on the employer to eradicate sexual harassment.

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“It shifts the burden to the employer (which is where it should be) to create a safe workplace, eradicate sexual harassment, and introduce steps to ensure that harassment doesn’t occur in the first place.”

Legislation would also ensure employers would face consequences if they fail in their positive duty to ensure a safe workplace for employees, Ms Banks said.

“Consequences could include fines and other sanctions,” she said.

“That’s why legislation plays a very important role because with that legislative requirement, it changes the culture. No matter the size of the law firm, company, or business, the leader defines the culture in many ways, and that, coupled with legislative frameworks, would absolutely make a difference.”

Ms Banks — who previously held corporate counsel roles in the manufacturing and consumer goods sector, including at Kraft Foods and GlaxoSmithKline — likened the Respect at Work Bill to how the occupational health and safety laws are effective where the duty falls on the employer to create safe and healthy workplaces.

The International Bar Association (IBA) recently published the report Beyond Us Too? Regulatory Responses to Bullying and Sexual Harassment in the Legal Profession, for which 70 organisations were surveyed to gain an understanding of the body’s approach to bullying and sexual harassment in the profession.

It found that of the respondents, 70 per cent have the authority to address sexual harassment — yet only 58 per cent had taken disciplinary action in relation to sexual harassment, while 47 per cent had taken disciplinary action for bullying.

Additionally, a majority viewed sexual harassment as a top priority, with the median priority ranking for sexual harassment at seven, on a scale of one to 10. However, 80 per cent of respondents had received fewer than 20 reports of sexual harassment within the 12 months prior to the survey.

This survey followed a 2019 report by the IBA titled Us Too? Bullying and Sexual Harassment in the Legal Profession, which found that 47 per cent of Australian female respondents to the global survey of almost 7,000 lawyers indicated that they had been sexually harassed at work (compared with 37 per cent globally).

Ms Banks recounted her experiences in Federal Parliament and the legal corporate sector in her book Power Play: Breaking Through Bias, Barriers and Boys’ Clubs, released in 2021.

To hear more from Julia Banks about her experiences in federal politics and the corporate world and how she navigated bias, barriers, and the boys’ club to take on leadership roles, come along to the Women in Law Forum 2022.

It will be held on 24 November 2022 at Grand Hyatt Melbourne.

Click here to book your tickets and make sure you don’t miss out!

For more information, including agenda and speakers, click here.

Julia Banks appears by arrangement with Saxton Speakers Bureau.