Former and Current Aboriginal Officers Suing NT Police in Class Action Over Allegations of Racial Discrimination
Former and current Aboriginal police officers have launched a class action against the Northern Territory Police Force, alleging they were subjected to three decades of racial discrimination, harassment and a hostile work environment. Officers have been described as “demoralised and dehumanised” by their experiences, with the claim alleging systemic racism embedded in the organisation’s culture. The proceedings follow the NSW Police Force culture review (covered in our previous issue) and reinforce that race-based discrimination and harassment in law enforcement organisations is a matter of serious national concern.
The allegations are that they were subject to offensive and derogatory language and received less pay than their non-Indigenous colleagues for similar work. The class action follows an unsuccessful complaint made by the Aboriginal community police officers (ACPOs) to the Australian Human Rights Commission (AHRC) in September 2024 where the parties failed to reach a resolution. This follows the NT Coroner inquest into the fatal shooting in 2019 of an Aboriginal man. The NT coroner, Elisabeth Armitage, found “clear evidence of entrenched, systemic and structural racism within the NT Police” and that examples of racism were ignored by the then-commissioner, Michael Murphy.
Woman Sues for Pregnancy Discrimination and Wins in Rare Case
A woman has won a landmark pregnancy discrimination case. The woman was denied unpaid parental leave, flexible work, and support to breastfeed while working as a waiter and cleaner at the Consulate of the United Arab Emirates in Melbourne.
“My colleagues found me a storage room,” she said. “I didn’t even have a table or a seat to breastfeed or anywhere to store my milk. I had to buy a suitcase with ice just to keep it cold so it wouldn’t do any damage to my baby.” The applicant was awarded $200,000 in damages.
In 2024, around 1,200 women responded to a survey by the University of South Australia’s Centre for Workplace Excellence. The results revealed a disturbing statistic – more than 91 per cent of them were discriminated against when they returned to work, and 89 per cent when pregnant at work.
Retired Northern Territory Judge to Face Historical Sexual Harassment Allegations
A former court associate has alleged a judge (now retired) of the Northern Territory Supreme Court sexually harassed her more than a decade ago. The ex-judge argued the NT’s Anti-Discrimination Commission should have rejected the complaint for being too far “out of time”, but the Federal Court decided against him. The former court associate alleges that more than a decade ago the judge made inappropriate comments about her appearance, asked her if she “liked having massages” and suggested sharing a bed to save money.
The Commission is generally bound by a 12-month limit but its delegates have the discretion to hear older matters if they consider it appropriate. A delegate for the Commission decided the former court associate’s complaint could be accepted “out of time”, citing a wide range of factors including the history of the complaint, the seriousness of the allegations, and the importance of judges not being seen as “above the law.”
The former court worker said she first raised her complaint internally with the Supreme Court itself, but that the response led her to believe there were “no options” for taking it further. Then, on 22 June 2020, the Chief Justice of the High Court issued a “sincere apology” to six women found to have been sexually harassed by former justice Dyson Heydon while working as associates. The following day, the former court associate made a formal complaint to the NT Supreme Court and asked for the NT judge to be investigated. The delegate for the Anti-Discrimination Commission said this timing was significant: “Prior to the High Court’s apology, it was reasonable for the complainant to conclude that there was no realistic way to hold a judge accountable for sexual harassment.”
High Court Finds Secret Recording Can Be Used as Evidence in Domestic Violence Case
The High Court of Australia has found that a secret recording can be used as evidence in a domestic violence case, in a decision with potential implications for how evidence is gathered and used in proceedings involving allegations of family and domestic violence. Australia’s highest court dismissed an appeal from a man convicted of raping his wife while she slept on two occasions. He had argued a recording of him admitting to the first rape was obtained illegally.
While most recordings of private conversations are illegal, the High Court found the recording was allowed and able to be used as evidence because it was necessary to protect the victim’s “bodily autonomy and integrity”. “The covert recording was the reminder to the complainant, by replaying it to herself, to avoid being exposed to the real risk of being raped,” the court said in its unanimous judgment. “The interest of a person in not being raped is an interest deserving of the very strongest protection.”
A month before the last rape, his wife recorded a conversation on her phone where she confronted Potter about the attacks and he admitted to doing them. The woman gave evidence that she made the recording to “convince myself never to go back to him no matter what happened”.
It remains to be seen how far courts will allow secret recordings to be used as evidence against less obvious forms of abuse such as coercive control.
Government Buries Its Role With Fiona Brown Case Settlement
Former political staffer Fiona Brown has settled a lawsuit with the Commonwealth over claims her workplace rights were compromised after Brittany Higgins’s rape allegation. She lodged a Fair Work claim last year arguing she was effectively the fall guy for the government, and that she felt intimidated and frightened when the then-prime minister visited her office.
Fiona Brown was the chief of staff for former Liberal senator Linda Reynolds in 2019 when Ms Higgins claimed she was sexually assaulted by her fellow staffer Bruce Lehrmann. The veteran public servant became a central figure in the scandal and the defamation trial that followed over claims she had been party to a Liberal government “cover-up” of the assault.
She also claimed she was subsequently stripped of key responsibilities and Mr Morrison’s advisors had stopped her from responding to media questions to publicly defend her actions. A Federal Court trial was due to be held in March next year but was resolved through a mediation process earlier in July.
Employer Must Reinstate Worker Sacked After Fending Off Store Thieves
The Fair Work Commission has ordered the reinstatement of a worker who was dismissed after intervening to stop thieves at a retail store.
Three offenders came in and loaded bags with liquor. From near the exit, the worker began lowering the front roller door and, by her own account, told them ”words to the effect of ‘leave the store now, we are closing, go.'” As one offender left, he threw a bottle that struck a colleague in the thigh. The employer had dismissed the worker for breaching a policy that directed staff not to confront thieves.
The Commission found the dismissal was harsh in the circumstances, taking into account the employee’s genuine belief they were acting to protect the business, the worker had done it once before and not disciplined. The decision maker did not know the worker and had not considered her unblemished record and another worker had also acted in a way that may have contributed t the perpetrators actions of throwing the bottle. The case is a reminder that a policy breach is not the same as a valid reason for dismissal.
Care Workers Face Rampant Violence: Why Tolerate It?
New research from the AUT Social Transformation Research Institute has found that support workers in home and community care such as mental health, addiction and disability services experience widespread psychological and physical violence from clients, patients and family members, with the research highlighting that this violence is often treated as an inevitable part of the job rather than a workplace hazard requiring management.
85.3% of people surveyed had experienced bullying, threats, intimidation or verbal abuse from clients or people in the client’s household. But 72.5% of the support workers surveyed have also experienced psychological abuse from colleagues and/or managers at least once in the past five years. Physical violence is slightly less common, but 67.9% experienced workplace violence from clients or people in a client’s household. More than a quarter (27.1%) experienced physical violence from colleagues and/or managers. Over half the workers surveyed (51.4%) experienced sexual harassment from clients at least once, and 40.8% experienced sexual violence from clients at least once.
There is a also clear need for training in how to deescalate and prevent violent situations: 44.4% of respondents reported no specific training offered to new employees; 53.3% reported a lack of refresher training. Managers identified the cost and availability of training resources as a major challenge. More than half of the support workers surveyed felt they were expected to tolerate workplace violence as part of the job.
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SafeWork NSW’s Message to Employers: Prove It, Don’t Just Police It
SafeWork NSW has delivered a clear message to employers on psychosocial hazards: simply having a policy is not enough. SafeWork NSW’s new data on falls, psychosocial harm and hazardous substances signals a shift in enforcement approach, with the regulator now requiring employers to demonstrate that their controls are actually working, not just that they have been put in place. Psychosocial hazards are described as having moved “from stigma to standard” enforcement priorities for the regulator.
WorkSafe Victoria: New Trials to Reduce Psychological Injuries at Work
Workers in some of Victoria’s most vulnerable industries will help shape the next generation of psychological health and safety measures under four new WorkSafe-supported trials. The large-scale innovative projects, spanning the healthcare and social assistance, early childhood education and training, and public administration and safety industries, will share $6.9 million in funding through the Psychological Health Industry Trials program.
Each three-year trial will bring together workers, employers, unions, industry experts and psychological health specialists to design practical, evidence-informed interventions that help prevent and manage psychosocial risks at work. WorkSafe Chief Health and Safety Officer Sam Jenkin said the projects were selected to target Victorian industries with high rates of mental injury claims.
In 2025, WorkSafe accepted more than 2,400 claims from workers who experienced a psychological injury, including 682 in health care and social assistance, 644 in public administration and safety, and 322 in education and training.
New Premier Ben Carroll Keeps Victoria Work-From-Home Law Despite Tipped Shake-Up
New Victorian Premier Ben Carroll has confirmed the state’s work-from-home laws will proceed largely unchanged, resisting weeks of pressure from business groups to unwind the reforms following his rise to the top job.
The one concession employers have secured is that they will no longer be required to cover employees’ remote set-up costs. Victoria’s new Premier Jacinta Allan has confirmed that the state’s work-from-home law will be retained (with the right to work from home at least 2 days a week stying), despite earlier speculation that it might be changed following the leadership transition.
The law requires employers to genuinely consider flexible work requests and not unreasonably refuse them. Its retention has implications for how employers manage flexible work requests across Victorian workplaces.
How Victoria’s WFH Laws Could Exacerbate Psychosocial Hazards
HR Leader has published analysis of how Victoria’s work-from-home laws could exacerbate psychosocial hazards if not carefully managed, noting that psychosocial hazards risk becoming “more diffuse and harder to identify” in remote or hybrid work settings. The article calls on employers to ensure their psychosocial risk assessments specifically address the risks created by remote and hybrid work arrangements.
Experts Say Further Action Needed to Protect Female Apprentices From Sexual Harassment
Experts have called for further action to protect female apprentices from sexual harassment, with ABC News reporting on the challenges faced by women in male-dominated trade environments. This is consistent with the broader national focus on sexual harassment in male-dominated industries.
The challenges faced by female apprentices can extend to serious sexual discrimination and harassment.
Rae Cooper is director of the Australian Centre for Gender Equality and Inclusion at Work at the University of Sydney. She led a research project that found 25 per cent of women working in automotive trades had directly experienced sexual harassment at work.
“Everyday sexism, or actually pretty nasty sexism, we find are an experience of lots of women apprentices,” Professor Cooper said.
Race Discrimination Commissioner Welcomes Decision in Hanson v Faruqi Appeal
The Australian Human Rights Commission’s Race Discrimination Commissioner has welcomed the decision in the Hanson v Faruqi appeal. The Full Court of the Federal Court, upheld the finding that One Nation Leader Pauline Hanson unlawfully breached the Racial Discrimination Act (RDA) with her comments directed at Greens Senator Mehreen Faruqi.
The Full Federal Court today dismissed her appeal, deciding Senator Hanson’s post was reasonably likely to have been “profoundly and seriously offensive, insulting, humiliating and intimidating” to Senator Faruqi and to “people of colour who are migrants to Australia or are Australians of relatively recent migrant heritage, and Muslims who are people of colour in Australia.”
The primary judge correctly found that “Senator Hanson’s anti-Muslim comments were … directed at Muslims as immigrants and as being different to Senator Hanson’s conception of what it is to be Australian”. In the circumstances of this case, “Senator Hanson’s anti-Muslim rhetoric was directed at Muslims because of their race, colour and immigrant status, as much as because of their religion”.
Taking Action to Reduce Workers’ Compensation Stigma
Safe Work Australia has published guidance on taking action to reduce stigma associated with workers’ compensation claims, noting that stigma can discourage workers from making claims and can impede recovery. The guidance is relevant to employers managing psychological injury claims, where stigma has been identified as a particular barrier.
A Court Defines the Threshold for Reporting Workplace Psychosocial Incidents
A recent decision of the ACT Magistrates Court has provided important clarity around the operation of section 37A of the Work Health and Safety Act 2011 (ACT) (WHS Act). With reporting obligations harmonised across most jurisdictions (except Victoria) and Safe Work Australia amending the model laws to introduce section 37A, The new section 37A definition of “sexual assault incident” means that a PCBU is required to report “an incident (including a suspected incident) in relation to a workplace that exposes a worker or any other person at the workplace to sexual assault.”
On the meaning of ‘sexual assault’, the Court confirmed it should be given its ordinary meaning and extends to deliberate sexual touching without consent. Accidental or incidental physical contact, however unwelcome, does not constitute sexual assault.
On the meaning of “suspected incident”, the interpretation of “suspicion” from High Court authority requires a “positive feeling of actual apprehension or mistrust” that a worker has been exposed to sexual assault.[1] That is, it requires more than mere idle wondering. The suspicion need not be reasonably based, and a slight opinion will suffice. Once the relevant suspicion is held, the obligation to notify arises. A PCBU cannot delay notification to conduct their own investigation into the merits of an allegation, the obligation arises immediately once the suspicion is formed. Context will matter in assessing whether that point has been reached, and where a complaint is ambiguous as to whether deliberate conduct is being alleged, the duty may not be triggered.
Importantly, the Court confirmed that the amendments were not intended to capture sexual harassment within the definition of sexual assault.
In arriving at the Decision, the Magistrate made the following findings:
- both managers knew that the employee had complained that the co-worker had “brushed past” her breasts and been in her personal space; and
- that description alone suggested the contact was not deliberate.
This might suggest disregard for personal space or a physically overbearing presence, but it did not describe deliberate touching.
The mere fact that an allegation has been made will not necessarily lead to the PCBU forming the necessary suspicion to trigger the reporting obligation. However, the Magistrate acknowledged that it may be difficult for a PCBU to resist that proposition where an allegation is “seriously made”.
This is a meaningful development for WHS compliance, as it provides greater clarity on notification obligations under the relevant WHS laws. HR professionals and safety officers should review this decision to ensure their incident reporting processes align with the threshold now confirmed by the court.
The Workplace Reform Indigenous Leaders Say Australia Can No Longer Delay
The Centre for Indigenous People and Work (CIPW) is urging the government to move beyond commitments and deliver meaningful workplace anti-racism reforms, saying stronger protections for workers can no longer be overlooked.
The organisation took its push for reform directly to Labor’s National Conference last week, with CIPW director Professor Nareen Young and assistant director Joshua Gilbert using the LaborEngaged’26 fringe event to make the case for stronger legal protections against workplace racism.
At the heart of CIPW’s proposal is the introduction of a legal “positive duty”, requiring employers to actively prevent workplace racism through measures such as anti-racism policies, mandatory training, and robust complaints procedures.
The proposed measures build on the landmark Respect@Work reforms, which introduced a positive duty requiring employers to take proactive steps to prevent workplace sexual harassment.
Safe Work Australia Publishes New Guidance on AI and Digital Technologies in the Workplace
Safe Work Australia has published new guidance to help employers, workers and other duty holders understand their work health and safety obligations when introducing or changing artificial intelligence and digital technologies in the workplace. The guidance confirms that AI and digital technologies are used in most Australian workplaces and can create both WHS opportunities and risks. PCBUs must identify all reasonably foreseeable hazards arising from AI and digital technologies, and manage those risks using the same risk management process applied to any other workplace hazard.
The guidance identifies a range of physical and psychosocial hazards that can arise, including work intensification, excessive surveillance, fatigue, low job demands and unfair or discriminatory decision making. It also notes that designers of AI and digital technologies carry their own duties under model WHS laws to ensure products are designed with safety in mind. Critically, the guidance confirms that routine changes to IT systems or software updates “pushed” by providers may also introduce or change WHS risks and must be assessed accordingly. This is an important practical reminder for HR professionals and safety officers that AI-related WHS obligations are not limited to major technology implementations.
NAWO Releases Inaugural Impact Report 2025
The National Association of Women in Operations (NAWO) has published its inaugural Impact Report, tracking progress on gender balance across its network of more than 100 member companies. Drawing on Workplace Gender Equality Agency (WGEA) data, the report compares NAWO’s corporate members against the broader WGEA population within equivalent industry divisions across a range of policy measures.
The report’s central finding is that sustained, intentional effort produces measurable results. NAWO CEO Louise Weine notes that “gender balance doesn’t happen by accident, it happens by design” and that member companies are embedding inclusion into policies, workplace culture and everyday leadership rather than treating it as discretionary.
The report acknowledges that 2025 was a challenging external environment for DEI commitments, with growing scrutiny and economic pressures, yet NAWO member companies demonstrated continued commitment. The report includes case studies from Visy, which doubled the number of women employed at a new plant, and ITW Australia, which recorded increases in DEI engagement scores.
