The EOC recently made a submission to the Law Reform Commission (LRC) in response to its consultation on sentencing and related matters in the review of sexual offences.

Enforced by the EOC, the Sex Discrimination Ordinance (SDO) prohibits sexual harassment, as well as discrimination based on sex, pregnancy, breastfeeding and marital status in various areas of public life. Given a possible overlap between criminal sexual offences and some cases of sexual harassment under the SDO, the EOC has an important role in advocating for civil and criminal laws that would provide effective deterrents for such conduct and adequate protection for victims.

In particular, the EOC made a number of recommendations in relation to the Sexual Conviction Record Check (SCRC) Scheme, which was established in December 2011 for employers to check for criminal convictions for sexual offences of potential employees undertaking work related to children and mentally incapacitated persons. As checks are on a voluntary basis and not being comprehensively conducted in relevant sectors, the EOC recommends that a mandatory legislative SCRC Scheme be introduced as soon as possible. In addition, the EOC takes the view that the Scheme should be extended to cover existing employees, self-employed persons, volunteers and interns, as well as sectors involving healthcare, social care and residential care homes for the elderly and people with disabilities. These proposed changes are essential to providing appropriate protection for a broader range of vulnerable communities against sexual harassment and other forms of sexual violence.

Click the link below for a full view of the EOC’s recommendations.

• Read the EOC’s submission
• Read the LRC’s consultation paper