Prior to the introduction of Federal Labor’s Costs Protection Bill in September 2024, victims of sexual harassment could be burdened with paying the harasser’s (and/or the harasser’s employer’s) legal fees, which could quite easily send the victim into bankruptcy.

The danger of having to pay enormous legal costs has been a barrier to pursuing justice for victims of sexual harassment. Shockingly, Australian Council of Trade Unions’ (ACTU) research found that only one in 230,000 victim-survivors of workplace sexual harassment bring proceedings to an Australian court. Clearly, any obstacles to bringing justice to sexual harassment need to be eliminated.

Unions NSW and the ACTU are part of an alliance of 85 organisations which make up the Power to Prevent Coalition; a group who have been advocating for this and other changes to be made which will enable the one-in-five Australian workers who experience sexual harassment easier access to the justice system.

ACTU President Michelle O’Neil stated: “No worker should be priced out of justice when they have experienced sexual harassment and discrimination. Every day, in every sector, in every part of the country, unions represent workers experiencing harassment and discrimination at work.”

Although the Bill did finally pass in September, it did not sail through as it should have.

“Yet again we see the Dutton Opposition vote against better rights and protections for working Australians,” Ms O’Neil said. The Federal Liberal National Party challenged aspects of the Bill for close to 12 months in parliament before coming to an agreement.

The Bill is especially important for workers on lower salaries, or in precarious employment. Pursuing justice in these circumstances is very often opted against when the financial risk is explained. Now, anyone, in any type of employment, on any salary can seek justice through the Australian court system.

“This is real equity in action,” said Stewart Little, General Secretary of the PSA CPSU NSW. “Our members represent all levels of the workforce, from young people in entry-level roles, and through every grade of employment right up to senior NSW public servants. With the introduction of this Bill, not one of our members needs to factor in having to pay the legal fees of the person who harassed them in the workplace.

“It is some extremely rare, good news in an area almost always full of stress and distress.”