Legal Question in Sexual Harassment in Australia

Re: Sexual Harassment

The government formulates and enacts legislation to protect people from sexual harassment. In Australia there are two areas of law where sexual harassment is specifically dealt with, employment law and anti-discrimination law.

The Commonwealth and States all have legislation that cover sexual harassment as part of the prohibition against discrimination on the basis of gender. This prohibition is in part due to our ratification of international treaties that cover this area (e.g. the International Covenant on the Protection of Civil and Political Rights "ICCPR").

These laws are dealt with in the human rights and industrial law tribunals and courts. So another role the government has is the provision of these courts/tribunals as a mechanism to discourage sexual harassment and to enforce the laws prohibiting it, as well as provide a remedy where necessary.

The government also plays a role in funding Women's Legal Centres and Community Legal Centres to assist low income earners who have a complaint relating to sexual harassment.

The government has broad role of monitoring and reforming the laws relating to sexual harassment.

The other role that might be relevant is that of education. By this I mean the government plays a more general role to educate the public about sexual harassment so that people understand what exactly constitutes sexual harassment, why it is "wrong" legally and morally and what can be done about it.

This education role may be carried out in schools and also with adults, again through the community education programmes of such government funded organisations as Community Legal Centres.