Employers and event organisers will be required to proactively prevent discrimination and sexual harassment under new laws to be introduced by the ACT government.
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Anti-discrimination laws will also expand to cover formally organised sporting activities and competitions, and the administration of territory laws or ACT government programs and policies.
Human Rights Minister Tara Cheyne will on Wednesday introduce an amendment to the Discrimination Act to the Legislative Assembly.
When passed, the new laws will require organisations to take "reasonable and proportionate" steps to end discrimination, sexual harassment and unlawful vilification.
The government said this shifted the responsibility to prevent discrimination away from individual complainants and would help prevent systemic discrimination.
"Following from the new rules requiring employers to report sexual assault incidents to WorkSafe ACT passed in the Legislative Assembly last week, this change is about prevention: it's about creating an environment where discriminatory treatment and problem behaviour is unlikely to happen in the first place," Ms Cheyne said in a statement.
The updated laws will tighten the rules that allow for discrimination in sporting competitions, requiring organisers to only discriminate on the basis of sex or disability where it is reasonable, proportionate and justifiable in the circumstances.
The provisions for sporting discrimination will only apply to people aged 12 and over.
The laws will narrow the circumstances religious bodies are allowed to lawfully discriminate, restricting them to circumstances genuinely related to religious observance and belief and making it clear the exceptions for religious bodies do not apply to organisations with commercial purposes as its main or sole aim.
Ms Cheyne released an exposure draft of the legislation in July, which included refinements to laws that allow religious bodies to discriminate and a clearer framework for lawful discrimination to maintain safe, fair and effective sports competitions.
The government received more than 1000 submissions in its consultation period, and said the feedback showed there was strong support for strengthening anti-discrimination laws.
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"There was support on both ends of the spectrum for the inclusion of a positive duty to eliminate discrimination, sexual harassment and vilification. On one end of the spectrum, there was strong support for its inclusion subject to the recommendation that the boundaries of the duty be clarified," a report on the submissions prepared by the government said.
"On the other end, there was concern that the duty may impose a significant resourcing burden on smaller organisations and force entities to act contrary to their beliefs."
Labor and the Greens had agreed to a review of territory anti-discrimination laws as part of their governing agreement.
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Jasper Lindell
Jasper Lindell joined The Canberra Times in 2018. He is a Legislative Assembly reporter, covering ACT politics and government. He also writes about development, transport, heritage, local history, literature and the arts, as well as contributing to the Times' Panorama magazine. He was previously a Sunday Canberra Times reporter.
Jasper Lindell joined The Canberra Times in 2018. He is a Legislative Assembly reporter, covering ACT politics and government. He also writes about development, transport, heritage, local history, literature and the arts, as well as contributing to the Times' Panorama magazine. He was previously a Sunday Canberra Times reporter.
