Harassment including sexual harassment

WHS duties

Employers and workers have duties and obligations under the WHS Act.

Employer duties

Employers must:

• Eliminate or minimise risks to the health and safety of workers and others, including sexual harassment, so far as is reasonably practicable.
• Provide workers with policies and procedures, training and supervision to ensure instances of sexual harassment are reported without fear, shame or ‘victim blaming’.
• Take appropriate action to respond to and manage incidents.
• Consult and cooperate with businesses that interact with their workers about measures to prevent sexual harassment.

Officer duties

Officers have a duty to exercise ‘due diligence’ to ensure the employer complies with its duties.

Due diligence requires officers to take a proactive role in ensuring their organisation has systems and procedures in place to meet its WHS obligations. Failing to exercise due diligence may attract significant personal liability for officers under the WHS Act.

Worker duties

Workers must take reasonable care that their acts or omissions do not adversely affect the health and safety of others, including co-workers. This includes:

• Not acting in a manner which would constitute sexual harassment
• Complying, so far as they are reasonably able, with any reasonable instruction given by the employer regarding workplace sexual harassment
• Cooperating with any reasonable policy or procedure relating to workplace sexual harassment that has been notified to them.

Prevention

Practical, early action employers can take to prevent workplace sexual harassment includes:

• Being aware of heightened risk factors such as power imbalances, isolated or remote work and poor workplace culture
• Identifying risks inside and outside the organisation
• Fostering a positive workplace culture of openness, trust and respect that is supported by sound policies, human resource practices and staff education and training
• Strong leadership through executives and senior managers exemplifying the types of behaviours and cultures that prevent workplace sexual harassment
• Adopting new and better approaches to workplace education and training that show workers how to prevent and respond to incidents of sexual harassment.

Further information is available in Comcare’s resources for:

• employers (PDF, 4.1 MB)
• managers (PDF, 4.2 MB)
• workers (PDF, 4.1 MB)

Safe Work Australia has detailed national guidance on workplace sexual harassment and accompanying guidance on workplace violence and aggression:

• Preventing workplace sexual harassment
• Preventing workplace violence and aggression

Australian Human Rights Commission also provides a national enquiry services and guidance material:

• National Information Service
• Respect@Work: National Inquiry into Sexual Harassment in Australian Workplaces (2020)
• Respect@Work: National Inquiry into Sexual Harassment in Australian Workplaces Community Guide (2020)

Additionally, the Good Practice Indicators Framework for Preventing and Responding to Workplace Sexual Harassment is a  tool released by Respect@Work to assist organisations to prevent and respond to workplace sexual harassment.

Impacts and risk management

Workplace sexual harassment can have significant social and economic impacts for workers, their families, their employers, and the wider community.

While this will depend largely on individual circumstances, the broad impacts for workers and employers can include:

• Psychological and physical harm
• Reputational damage
• Lost productivity
• Financial loss.

Examples of psychological and physical safety impacts for anyone who experiences or witnesses workplace sexual harassment can include:

• Feelings of isolation, social isolation, or family dislocation
• Loss of confidence and withdrawal
• Physical injuries as a result of assault
• Depression, anxiety, and stress
• Post-traumatic stress disorder (PTSD)
• Illness such as cardiovascular disease, musculoskeletal disorders, immune deficiency, and gastrointestinal disorders (for example, as a result of stress)
• Self-harm or suicide.

Comcare also recognises that navigating the separate but sometimes intersecting laws associated with workplace sexual harassment can be overwhelming. We can assist employers and individuals to understand the work health and safety duties and frameworks associated with workplace sexual harassment.

Practical information on the impacts of workplace sexual harassment is available in Comcare’s Regulatory guidance for employers on their work health and safety responsibilities (PDF, 1.7 MB).

Risk management

Employers must eliminate or minimise the risks of workplace sexual harassment, so far as is reasonably practicable. The risk management approach to prevent workplace sexual harassment should include:

• Identifying hazards; including the need to consult with workers when gathering information
• Assessing risks; based on the likelihood and consequence of sexual harassment in the workplace
• Controlling the risks; through a reasonably practicable and proactive approach, with consideration being given to matters such as:
  • the physical work environment
  • safe work systems and procedures
  • third party sexual harassment
  • addressing unwanted or offensive behaviour early
  • reporting of incidents
  • workplace behaviour policies
  • information, instruction, training and supervision
  • manager training.

  Safe Work Australia’s guide on preventing workplace sexual harassment includes detailed information on identifying hazards and assessing risks.

Responding to incidents

Employers

If anyone in your workplace is in immediate danger, call 000 and report the matter to the Police. If workers are not in immediate danger and would like to make an enquiry or report, call the Police on 131 444.

Employers should ensure workers understand the reporting process and their reporting options – formal, informal and anonymous. The process and reporting options should be actively promoted at work and key workers (contact persons that receive reports) should receive training on supporting and advising complainants.

After an incident, employers should review their risk management systems to evaluate what worked and what could be improved.

Some workers who experience or witness workplace sexual harassment choose not to report straight away. If they do report, employers should take steps including:

• Acting quickly to communicate and document the incident and reporting process, and sharing available options for support and representation
• Protecting the privacy and confidentiality of everyone involved and protecting all parties from victimisation.

Workers

Workers who experience or witness workplace sexual harassment should report it and seek support from the employer. They should still have access to support even if they choose not to report.

Other options include:

Leadership and workplace culture

Building a positive workplace culture starts with strong leadership. Executives, board members and senior managers should model and enforce acceptable behaviours that align with workplace policies to prevent sexual harassment and set a standard that addresses inappropriate behaviour early, and ideally before it escalates.

Workplace policy and reporting