The deadline for filing a personal complaint for sexual harassment is about to increase from 90 days to 12 months.
This change will come as a result of the Industrial Relations (Extended Time for Personal Complaints for Sexual Harassment) Amendment Bill, which passed third reading on Wednesday 7 June 2023. This means that now the bill has passed all the hurdles of the parliamentary process and awaits royal assent, which is expected to be given any day.
This is a fairly significant change from the status quo, as the time limit for filing a personal claim was previously limited to 90 days, regardless of the basis of the personal complaint.
The reason is to give victims of sexual harassment more time to consider whether they want to make a personal complaint, thereby improving the process for victims.
What should employers do?
Once the bill has received Royal Assent, it will have practical implications for employers.
New work agreements will have to specifically refer to the 12 months in which an employee can file a personal complaint for sexual harassment. This is in addition to the requirement to specify 90 days for other types of personal complaints. In this case, the new employment contracts are those that are signed from the start date, which will be the day after the bill receives royal assent.
It is important to note that this requirement will apply regardless of when the negotiation or negotiations regarding an employment contract begin, even where discussions began before the start date.
Employers could face a monetary penalty for not including the reference to the 12-month period and the 90-day period in new employment contracts.
What about current employment contracts?
Entrepreneurs current employment contracts do not need to be updated. A recent supplementary orders document removed any requirement to amend existing employment contracts. However, employers may wish to review relevant workplace policies to ensure that these policies are up to date.
