The Albanese government has moved to cover Defence personnel with "fit for purpose" sexual harassment protection after missing out on an "equal" measure in Labor's first round of workplace reforms in the Secure Jobs, Better Pay regime.
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The Canberra Times can reveal Defence and Fair Work regulations have just been introduced to ban sexual harassment relating to Defence personnel, using the definition in the Sex Discrimination Act, as well as introducing for the first time "Stop Sexual Harassment Directions" in the Defence Force.
The Minister for Defence Personnel, Matt Keogh said the four-month wait for the Defence Force to catch up is due to members not being workers for the purposes of the Fair Work Act, as well as required consultation with Defence.
"We want to be clear to everyone in the Defence Force that the Defence Force is no place for sexual harassment or sexual misconduct regardless of where or when it occurs," he told The Canberra Times.
"And that's true in any workplace as it is in Defence.
"And that's why we've made sure that these changes that we implemented for all workplaces through the amendments to the Fair Work Act have an equal regime that applies for the Defence Force through these regulations."
Stop sexual harassment orders allow workers who are sexually harassed at work to apply to the Fair Work Commission for orders to stop it from continuing.
The government's industrial reforms late last year widened the availability of the orders, a move which was recommended in the landmark report by Sex Discrimination Commissioner Kate Jenkins, Respect at Work.
The laws also brought in express prohibition of sexual harassment under the Fair Work Act.
However, it did not cover Defence Force members who don't work under the Fair Work Act. Stop sexual harassment orders, according to the minister, are also problematic to deal with on deployment, particularly conflict zones.
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Mr Keogh said the Albanese government worked with Defence to create a regime through the sexual harassment direction regulations under the Defence Act.
The Defence stop order regime creates an authorised application officer, which is within the Defence Force, but outside the chain of command.
"Defence Force members can get that same type of protection that we've afforded all other workers under the amendments to the Fair Work Act, but with a regime that is fit for purpose in Defence conditions," the Minister said.
The regulations cover current Defence personnel, people who were Defence personnel when the harassment happened and incidents that happened at Defence workplaces.
Under the change, the aggrieved person may apply to the authorised application officer within Defence for a stop sexual harassment direction to be made.
A stop sexual harassment direction may recommend management, administrative or disciplinary action.
The regulation allows that an authorised application officer may consider whether pursuit of a stop sexual harassment direction application may be, or could reasonably be expected to be, prejudicial to Australia's defence or national security.
If a stop sexual harassment direction is not made, or is not satisfactory to the aggrieved person, it becomes a "reviewable decision" which - within 14 days - may be reviewed by either the Chief of the Defence Force or the Secretary of Defence.
"We have to accept that there may be circumstances where it was just completely impractical for the depending on what the operating environment is, for this sort of stop or injunction to be put in place in the immediate sense," the Minister said.
"And so that needs to be taken into account by Defence, but there is an opportunity to review that decision, or to seek an order subsequent to those operations coming to an end.
"And that's why there's a special regime that's been created for the Defence Force itself."