Western Australia's anti-discrimination laws will be overhauled to provide stronger protections for women and LGBTIQA+ communities, among other reforms.
The Law Reform Commission of WA made 163 recommendations in its review of the state's Equal Opportunity Act to make the laws more "fair and effective".
It includes recommendations to modernise definitions to provide stronger protections against sexual and racial harassment.
Under the current laws, the definition of sexual and racial harassment requires the victim to be disadvantaged by the conduct, or to reasonably believe it will cause disadvantage.
The long-criticised "disadvantage test" currently means workplace sexual harassment complainants have to prove they were harassed, and that challenging that behaviour disadvantaged them in their employment.
The review recommends that "it ought not be incumbent on the harassed person to navigate complex legal arguments to satisfy the disadvantage requirement".
The state government has accepted most of the recommendations and will consider how they can be implemented.
Attorney General John Quigley said WA's anti-discrimination laws, introduced in 1984, had fallen behind most other states and territories.
"Since WA's nation-leading anti-discrimination laws were first introduced, community expectations regarding discrimination have progressed and WA now lags behind most other jurisdictions," he said.
"This is not about granting additional rights to any one group of people, but ensuring all Western Australians are free from discrimination, harassment, vilification and victimisation."
New laws being drafted
Mr Quigley outlined several reforms which are expected to be included in the new Equal Opportunity Act:
- Removing the outdated "disadvantage test" for sexual harassment complaints
- Strengthening equal opportunity protections for LGBTIQA+ staff and students in religious schools
- Providing anti-discrimination protections to those who are trans, gender-diverse or non-binary
- Extending the prohibition against sexual and racial harassment to members of parliament and staff
- Protecting family and domestic violence victims from discrimination
- Introducing anti-vilification laws
- Strengthening victimisation provisions
WA's Equal Opportunity Act was first introduced to promote equality of opportunity, and provide remedies for discrimination "on the grounds of sex, marital status, pregnancy, race, religious or political conviction, or involving sexual harassment".
"The core purposes of the Act ... remain relevant today," the Law Reform Commission's report stated.
"What has changed are the community's views as to the range of bases upon which discrimination occurs."
The review, commissioned by the Attorney General in 2019, received 995 written submissions and consultation through seven online and in-person sessions.
