The Equal Opportunity Act 2010 requires organisations to take proactive steps to eliminate sexual harassment from happening in the workplace as far as is reasonably practicable. To avoid vicarious liability for the conduct of their employees and agents, employers and principals are also required to take reasonable precautions to prevent sexual harassment.
Both the Australian Human Rights Commission (AHRC) and the Victorian Equal Opportunity and Human Rights Commission (VEOHRC) have published guidelines highlighting key steps in the prevention of sexual harassment in the workplace.
In March 2018 and November 2019, the VSB released Sexual Harassment Statements making it clear that sexual harassment has no place in the Victorian public sector. Signed by all Departmental Secretaries, the Victorian Public Sector Commissioner and the Chief Commissioner Victoria Police, these statements were circulated to all staff and provided to portfolio agencies for distribution.
Building on the VSB statements on sexual harassment, the VPSC has issued a Sexual Harassment Model Policy (the Policy). The Policy promotes consistent practice across the Victorian public sector so that those who have experienced sexual harassment have the confidence to come forward.
Effective implementation of sexual harassment process and procedures is supported by training for all staff. Training can be e-based and/ or face-to face and could be provided as part of induction, as regular training or as refresher training (or ideally all of the above). Training should be tailored to suit organisational requirements but should seek to:
As part of training, organisations could provide employees with information on how to conduct themselves appropriately outside of the workplace in circumstances where there is a link to employment. It needs to be made clear that inappropriate conduct may result in a breach of the Codes of Conduct. Expected standards of behaviour should also be reinforced before a work-related social function, such as an office end-of-year party.
The binding Codes of Conduct set out the behaviours that are expected of all Victorian Public Sector staff. Senior staff and those with management responsibilities have a particular responsibility to model the behaviours and to lead and promote workplaces that are grounded in respect and free from discrimination and harassment.
Organisations have a range of policies and strategies in place that aim to support respectful workplaces. Developing and sustaining a culture of respect and equality is ongoing and requires regular consideration. While culture can be understood to be as simple as ‘the way we do things around here’, regular consideration of how an organisation is tracking is valuable. It allows an organisation to align its purpose to the public sector values and reinforce its workplace culture.
The AHRC 2020 Respect@Work Sexual Harassment National Inquiry report found that current approaches to preventing and responding to sexual harassment in workplaces are inadequate. They typically rely on people to come forward and report sexual harassment, often contributing to ongoing stress to staff. In response to the shortcomings of current approaches, the AHRC recommends that workplaces adopt a new framework that is:
The new framework is structured around seven domains. It recognises that improving workplace prevention and responses requires a new and more holistic approach that looks beyond policies, training and procedures.
To better prevent sexual harassment, the AHRC recommends action in the following areas:
To better respond to sexual harassment, AHRC recommends action in the following areas:
Organisations must understand the law relating to sexual harassment, including their positive duty and the drivers and impacts of sexual harassment. Leaders and supervisors should be equipped with the knowledge to identify and respond to sexual harassment in the workplace.
Organisations must assess what steps they will take to prevent sexual harassment, including measures in compliance with the six minimum standards outlined in the VEOHRC guideline, and have documented the plan. Staff and their representatives should have the opportunity to contribute to the development or revision of the plan. Staff should know where to find the prevention plan, including any relevant policies and procedures. Leaders must implement the plan and are accountable for the commitments within it.
Organisations must set and clearly communicate the expectations of respectful workplace behaviour to staff. Steps should be taken to ensure that staff understand that sexual harassment and victimisation are against the law and will not be tolerated. Bystanders should be encouraged to act safely to respond to sexual harassment.
Organisations must regularly identify and assess risk factors for sexual harassment, including by seeking feedback from staff. Staff should understand and be encouraged to use systems in place to address risk. Organisations must also recognise and treat sexual harassment as a work health and safety (WHS) risk, using existing systems and processes for managing WHS risks or hazards to eliminate or control the risk of sexual harassment occurring, so far as reasonably practicable.
Organisations must develop a fair and confidential reporting procedure in consultation with staff. The well-being of the people who have made reports is a priority. Employers should ensure that staff know how and where to make a report and are supported to do so. Responses to reports should be timely and consistent, with appropriate disciplinary outcomes. Employers should ensure that staff are supported throughout the reporting process, including through identifying and preventing victimisation and prioritising staff well-being.
Organisations should regularly collect and assess reporting and data for trends, patterns and lessons to drive continuous improvement. Employers should regularly review and update sexual harassment prevention plans (e.g. annually) to drive continuous improvement. Employers should also ensure they are transparent about trends, patterns and lessons with staff, boards and key stakeholders. Staff should have confidence that sexual harassment is being eliminated in their workplace.
Improving the ability of all staff to call out inappropriate behaviour that they hear or see, promotes a positive workplace culture free of sexual harassment. Calling out poor behaviour in a respectful way also supports those who may be experiencing sexual harassment and reinforces other strategies to address sexual harassment in the workplace.
Any organisation looking to encourage staff to call out inappropriate behaviour, and thereby promote and implement bystander strategies, needs to ensure that staff are empowered to do so. Bystander action is supported by broader culture change activities. This includes training and education, so that staff know that they are protected from reprisal or victimisation should they speak up.
Responding to sexual harassment or knowing how to react when witnessing inappropriate behaviour may be challenging. Organisations can refer to the VEOHRC sexual harassment support and response tool. It's designed to help people navigate difficult conversations about sexual harassment in the workplace.
It is recognised that in many instances people will not feel confident to report the behaviour. If employees feel that they are able to respond, some suggested opening lines from comebacksatwork.com include:
Staff can also be an active, helpful bystander by assisting a victim/survivor immediately after they have witnessed a sexual harassment incident. For example, the staff member can acknowledge the unacceptable behaviour and ensure the victim/survivor knows about reporting and support mechanisms available to them. Bystanders can also report an incident they have witnessed.