Sex Discrimination: Positive Duty & Respect @ Work: Key Developments

In 2024, Australia will observe 40 years since the inception of its initial Sex Discrimination Law. Listen to distinguished senior counsel, Chris Ronalds AO SC, as she gives an overview of the law's evolution over 40 years. Gain insight into the Australian Human Rights Commission's new 'positive duty'. Stay updated on trends and the volume of discrimination claims under Federal Discrimination Law and receive practical advice on minimising risks related to bullying & sexual harassment litigation. WEB243N52Z

Tuesday, 12 March 2024
Description

Attend and earn 4 CPD units in Substantive Law
This program is applicable to practitioners from all States & Territories

9.00am to 9.30am Opening Address

Sex Discrimination Law in Review: 40 Years On

Presented by Chris Ronalds AO SC, Frederick Jordan Chambers; co-author, 5th Edition, Discrimination Law & Practice, Federation Press Publication

10.50am to 11.55am Developments in Federal Discrimination Law: A Consideration of Trends and Quantum in Recent Case Law
  • A consideration of recent trends and developments in discrimination claims
  • Quantum in the post ‘Oracle’ and “#MeToo” era
  • Implications for practice in discrimination law

Presented by Nikki A-Khavari, Barrister, Higgins Chambers; Recommended Employment Law Junior Counsel, Doyle’s Guide 2023

12.55pm to 1.15pm Final Q&A and Closing Comments by the Chair
Chair:

Chris Ronalds AO SC, Frederick Jordan Chambers; Co-author, 5th Edition, Discrimination Law & Practice, Federation Press Publication

9.30am to 10.35am ‘Positive Duty’ and other Changes to Discrimination and Employment Law Arising from Respect@Work
  • ‘Positive Duty’: What is it?
  • How will the Human Rights Commission interpret and apply a ‘Positive Duty’
  • Practical steps to comply with the positive duty
  • What format will the HRC enquiries take
  • HRC Guidelines
  • Other changes to the Sex Discrimination Act
  • An analysis of how case law has or might be developed due to the amendments

Presented by Kellie Edwards, Barrister, 153 Phillip Barristers; Recommended Employment Law Junior Counsel, Doyle’s Guide 2023

10.35am to 10.50am Morning Tea
11.55am to 12.55pm Prevention of Bullying and Sexual Harassment in the Workplace: Beyond Policies
  • Minimising the risks of litigation in the workplace: guidance from the AHRC and the FWC on creating a workplace where bullying and sexual harassment is not tolerated
  • Best practice measures for handling complaints

Presented by Ruth Nocka, Partner, Dentons; Best Lawyers 2023. Labour and Employment Law

Presenters


Ms Kellie Edwards, Barrister,
Kellie Edwards was called to the Bar in 2005 and is at 153 Phillip chambers. On Doyles Recommended list for Junior Barristers in Employment and recently a finalist in the Australian Law Awards in the category of Barrister of the Year, she is a specialist in the employment, industrial and discrimination jurisdictions. She also accepts briefs in inquiries, having recently appeared in the Royal Commission into Defence and Veterans’ Suicide, as well as administrative, trade practices, common law, and restraints of trade claims. Kellie is an accredited mediator and arbitrator. Prior to becoming a lawyer, Kellie studied architecture (briefly), before gaining a first class Honours degree in Communications majoring in Social and Political Theory and Writing, whilst working in government and later as a private consultant. She then obtained a degree in law from Sydney University (also first class Honours) and was employed by Dibbs Barker Gosling in litigation, where she was made an Associate before being called to the Bar. Kellie was the inaugural Chair of the Australian Payments Network’s Sanctions Tribunal from 2017 to 2022. She was also a member of the NSW Administrative Decisions Tribunal, sitting in the Equal Opportunity Division, deciding claims under the Anti-discrimination Act 1977 (NSW), from 1997-2003. Kellie’s approach to litigation is to work with her clients to identify their goals in respect of the litigation, provide clear advice as to the extent to which the law may achieve those goals and project manage litigation by reference to those matters. Some of her recent cases may be viewed on her chamber’s website:https://153phillip.com.au/barristers/kellie-edward/. Kellie is regularly asked to present papers and seminars. Outside of chambers, Kellie enjoys spending time with family and friends, writing fiction, running, yoga, painting and music. She runs The Great Story Club at the Great in Marrickville and her last gig was Jen Cloher at the Opera House as part of Vivid Sydney.


Ms. Chris Ronalds AO SC, Barrister,
Chris Ronalds AO SC is a Sydney barrister specialising in discrimination law, employment law and administrative law. In that role, she has had the conduct of a number of landmark cases and has assisted a number of employers in addressing discrimination and harassment issues within their workforce. Chris has conducted many in-depth investigations into workplace harassment and discrimination. Chris wrote the Review of Land Negotiation Program in March 2020 and chaired the Independent Review into the Role of Women and Girls for Swimming Australia in 2021. She was closely involved with the preparation of the Sex Discrimination Act 1984 and the Disability Discrimination Act 1992. She is the co-author of "Discrimination Law and Practice" (Federation Press, 5th ed).


Ms Nikki A-Khavari, Barrister, Higgins Chambers
Nikki has worked in the areas of employment, industrial relations and discrimination law in both private and government practice since 2001, and came to the private bar in February 2019, after being called to the bar as a government barrister in December 2017. Nikki has appeared in both State and Federal Courts and Tribunals, in relation to interlocutory applications, as well as unfair dismissal, general protections, workers’ compensation and discrimination matters. Nikki has been involved with a variety of litigation matters during her career in both Federal and State Courts and Tribunals, including the Stolen Wages class action, and has provided diverse and complex legal advice in a range of employment, health & safety, discrimination, industrial, sexual harassment, and workplace bullying matters. Nikki commenced her legal career with Blake Dawson Waldron (Ashurst), servicing a wide variety of commercial clients, followed by working as a Senior Principal Lawyer for Crown Law, providing Nikki with extensive Government experience.


Ms Ruth Nocka, Partner,
Ruth is a market-leading workplace relations lawyer who has earned a reputation as “pragmatic, solutions driven, commercial and proactive” (client). Ruth has considerable experience in advising on all aspects of the employment relationship whether the duties are performed in an office, on a construction site or in an aged care facility. Ruth is focussed on answering your question in the manner which is most appropriate for your needs and business. Ruth regularly advises clients on compliance with obligations under the Fair Work Act, Modern Awards, industrial instruments and contracts of employment. Ruth also advises clients on the best way to manage termination of employment, injured employees, and disciplinary processes. She is an expert in discrimination law and employment-related litigation. Ruth’s experience ranges from prosecutions of multiple respondents for multiple breaches of the Fair Work Act 2009 to urgent injunctions in the Supreme Court for breach of restraint provisions. Most recently Ruth successfully defended CBA against an unfair dismissal application brought by a former employee. Ruth advises on the employment aspects of corporate transactions ranging from drafting of relevant provisions to due diligence. Ruth has advised leading Australian companies including Commonwealth Bank of Australia, Western Union, NBN Co limited, Avis Budget Group and Boeing. Her experience extends to advising on clients on compliance with industrial instruments and managing underpayment claims. Ruth has conducted investigations in the construction, financial services, mining, retail and wholesale goods industries into allegations of bullying, fraud, sexual harassment and employee misconduct. Ruth is pragmatic and commercial taking business priorities and broader context into consideration when giving advice and when conducting litigation so as to achieve an outcome that achieves the best outcome for the client. Ruth has conducted mediations and conciliation conferences before the Supreme Court, the Federal Court, Australian Human Rights Commission and the various State Anti-discrimination tribunals.

WEB243N52Z

Sex Discrimination: Positive Duty & Respect @ Work: Key Developments

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Single Session
Tuesday, 12 March 2024
9.00am to 1.15pm Australia/Sydney
CPD Points 4
4
$505.00
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