1 Core obligations

All organisations should have a policy relating to sexual harassment to demonstrate that the organisation has a system in place to address sexual harassment. This can be contained in a Code of Conduct and/or a stand-alone policy. 

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This template is provided for you to customise for your organisation.

Policy

1 Core obligations

All Organisations1 should have a policy relating to sexual harassment, harassment on the ground of sex, and workplace environments that are hostile on the ground of sex (‘sexual harassment and related inappropriate conduct’) to demonstrate that the Organisation has a system in place to prevent and respond to this conduct. 

The Respect@Work Council recommends having a stand-alone policy, developed in consultation with workers. Alternatively, an Organisation may choose to include obligations regarding sexual harassment and related inappropriate conduct in a broader policy (such as a Code of Conduct or Appropriate Workplace Behaviour policy) which addresses additional forms of disrespectful behaviour (for example, discrimination and bullying).  In determining the right approach for your Organisation, the question to ask is what will best prevent sexual harassment and related inappropriate behaviours in your workplace.

2 What to focus on 

To meet your Organisation’s legal obligation to prevent sexual harassment and related inappropriate conduct, focusing on building and maintaining a culture of prevention is essential.  Set out below are recommended clauses to include in a policy and an explanation as to how these clauses aim to achieve this objective. 

Recommended clause to include in a policy relating to sexual harassment and related inappropriate conductWhy should this clause be included?
State the Organisation’s positive duty to take reasonable and proportionate measures to eliminate, as far as possible, sexual harassment and related inappropriate conductBuilds psychological safety and trust that the Organisation is committed to preventing sexual harassment and related inappropriate conduct

State the Organisation’s obligation to take steps to eliminate or minimise psychosocial risks (including risks associated with sexual harassment and related inappropriate conduct), so far as reasonably practicable

Include a reference and link to the Organisation’s work, health and safety policy

Brings a work health and safety lens to managing sexual harassment and related inappropriate conduct

A strong statement that the Organisation does not tolerate sexual harassment and related inappropriate conduct, and will take proportionate action depending on the conduct and its impact

The policy could also contain a clause stating its commitment to ‘zero harm’, which recognises that the Organisation is focused on preventing harm

Builds psychological safety and trust that the Organisation is committed to taking appropriate action when sexual harassment and related inappropriate conduct occurs, which contributes to greater levels of reporting

Demonstrates commitment to preventing harm rather than just relying on those impacted making complaints at a time of vulnerability

Define and provide examples of sexual harassment and related inappropriate conduct

Note the drivers of sexual harassment and related inappropriate behaviour, namely 

  • gender inequality
  • power imbalances and abuse of power
  • lack of accountability for prevention at senior levels
  • lack of understanding of drivers and contributing factors, impacts, prevalence and prevention methods
  • lack of demonstrated commitment to diversity and inclusion

(See the Respect at Work Council’s Good Practice Indicators Framework for Preventing and Responding to Workplace Sexual Harassment)

Builds psychological safety and trust that the Organisation is committed to preventing sexual harassment and related inappropriate conduct by making sure everyone understands what this conduct is, its drivers and contributing factors 
Outline the circumstances in which sexual harassment and related inappropriate conduct may occur (for example, in the workplace, at work-related events, outside of working hours, on social media etc)Builds psychological safety and trust that the Organisation is committed to preventing sexual harassment and related inappropriate conduct by making sure everyone understands what this conduct is, its drivers and contributing factors 

State that sexual harassment and related inappropriate conduct are against the law, and address:

  • accessorial liability for individuals who cause, instruct, induce, aid or permit another person to engage in unlawful conduct.
  • vicarious liability for Organisations that fail to take all reasonable steps to prevent unlawful conduct.
Builds psychological safety and trust that the Organisation is committed to preventing sexual harassment and related inappropriate conduct by making sure everyone understands the consequences 
Set out the specific roles and responsibilities of the board/executive, leaders and workers in relation to preventing and responding to sexual harassment and related inappropriate conductDrives good governance and leadership by setting expectations and accountability

Set out the actions those impacted may take, if they feel safe and comfortable, if they experience, witness or become aware of sexual harassment and related inappropriate conduct

Various potential actions should be included, ranging from early intervention options to formal reporting, such as:

  • asking the other person to stop and making it clear the behaviour is offensive, intimidating or humiliating
  • raising the matter with someone who observed the behaviour and seeking their help to intervene
  • speaking up publicly to address the behaviour
  • separating the people involved before the circumstances escalate
  • making an anonymous report about the behaviour
  • reporting the behaviour
Demonstrates that human-centered and trauma-informed processes are prioritised by educating the person impacted about how they may address the behaviour, provided they feel safe and comfortable
Set out the process for raising concerns, which should provide multiple options including an anonymous reporting optionDemonstrates that human-centered and trauma-informed processes are prioritised by enabling the person affected to raise matters in a manner in which they feel safe and comfortable 

Outline how the Organisation will handle concerns/complaints, including formal and informal resolution options, and how the views of the person affected will be taken into account provided the outcome keeps everyone safe

Informal resolution options may include a manager speaking to the alleged perpetrator about their behaviour, informal or facilitated discussions, mediation and education  

Formal options may include an internal or external investigation.

Demonstrates that human-centered and trauma-informed processes are prioritised by providing multiple resolution options and taking into account the views of the person affected, subject to keeping everyone safe
Outline how the Organisation will support those impacted by the conduct and those who support them (including those who may witness and report harassment), including by prohibiting victimisation and providing EAP supportDemonstrates that human-centered and trauma-informed processes are prioritised by providing access to appropriate support
State what will happen to perpetrators if the policy is not complied with (for example, that disciplinary action may be taken by the Organisation or where a criminal offence is alleged, that the matter [may/ will] be reported to the police)Builds psychological safety and trust that the Organisation is committed to appropriately responding to sexual harassment and related inappropriate conduct in the particular context by making sure everyone understands there will be accountability  

Outline how confidentiality will apply while an investigation or resolution process is underway, and the Organisation’s approach to sharing relevant information once a matter is finalised, to encourage learning and prevent similar cases from happening in the future

Outline how the Organisation will use, if at all, confidentiality clauses in settlement deeds or non-disclosure agreements for example, by applying the Best Practice Guidance issued by the Respect@Work Council.

While matters are under consideration, only those with a need to know should know and keep the process confidential  

This protects the integrity of the process and the wellbeing of those involved.  

Once the matter has been finalised, there should be ‘respectful transparency’

This means the Organisation can share, in a de-identified manner, information that builds trust in the workplace that any harmful behaviours are being dealt with appropriately and what the Organisation is learning to better inform its approach to preventing these behaviours

Following the Best Practice Guidance will assist in prevention of these harmful behaviours

3 Example wording

Example policies and templates are available from:

*Some of the example policies and templates were prepared before recent legislative changes (specifically regarding the positive duty, harassment on the ground of sex and workplace environments that are hostile on the ground of sex) came into effect. This should be taken into account when using these example policies and templates.

Download this Sexual Harassment Policy Template and share it with your network today.

This document is intended to provide general guidance only. The contents should not be relied upon as legal advice.  Specific legal advice should be sought in particular matters.
1 An employer or a ‘person conducting a business or undertaking’. A person conducts a business or undertaking whether the person conducts the business or undertaking alone or with others, and whether or not the business or undertaking is conducted for profit or gain.

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We need to set the tone and lead from the top. With this in mind, here are examples of some things we should never say or accept from others:

  • A bullying and harassment policy should be enough to deal with sexual harassment and related inappropriate conduct.
  • We have low report rates of sexual harassment and related inappropriate conduct, so it’s not a problem at this organisation.
  • We have a reporting hotline which is well publicised, but we don’t get many calls about sexual harassment or related inappropriate conduct, so it’s not an issue here.
  • I have been in this industry for decades and I have never seen it, so it mustn’t be happening.
  • That’s the remit of our HR team. If there were ever a big issue, they would escalate it to us.
  • Our staff engagement scores are terrific and there is no indication of there being a sexual harassment problem here. That means we’re doing enough.
 
Most cultural issues aren’t hiding in plain sight. Often, it’s the things that aren’t being talked about that we need to be concerned about. Research tells us that sexual harassment is common and that it’s significantly under reported. In fact, increased reporting can indicate greater psychological safety and a culture of trust that the organisation takes sexual harassment seriously. We have a positive duty to prevent sexual harassment and related inappropriate conduct, and to continuously assess and evaluate whether we are meeting the requirements of the duty. 
 

We need to ensure our people feel safe to come forward and report instances of sexual harassment or related inappropriate conduct in the workplace. The only way they’ll do this is if they can see that leadership takes this issue seriously.

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We take the health and wellbeing of our people very seriously. We work hard to improve our safety outcomes and reduce injuries, and overall we do a good job of preventing physical harm to our people.

As we have seen in many other organisations, sexual harassment is more prevalent than a lot of people think. This represents a real risk to keeping people safe in the workplace, and to our people’s wellbeing and productivity.

It can also cause significant damage to our reputation, our brand as an employer of choice, lost business, and to our corporate standing. If we fail to take steps to address this conduct, we may be subject to enforcement action and/or civil penalties. Our organisation may also be held liable for inappropriate conduct committed by our employees unless we took all reasonable steps to prevent the conduct occurring. 

We need to make it crystal clear to everyone in the organisation that we have zero tolerance for any form of sexual harassment. We will always take appropriate action when sexual harassment or related inappropriate conduct occurs. We seek to prevent these unlawful behaviours and to have a zero-harm workplace. We welcome the new Australian positive duty placed on organisations by the Anti-Discrimination and Human Rights Legislation Amendment (Respect at Work) Act 2022 and commit to implementing its provisions in a timely fashion and demonstrating our leadership. 

We need to treat sexual harassment and related inappropriate conduct risks as we would any other physical or psychological risk in the workplace. We already have existing systems and processes in place for identifying and mitigating workplace health and safety risks and hazards, and for defining our desired safe and respectful culture. 

We need to embed these sexual harassment response frameworks into our existing risk reporting practices and organisational culture, so all forms of sexual harassment and related misconduct are eradicated.

We can’t afford to wait on this; we need to act urgently. 

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Sexual harassment is any unwelcome sexual advance, request for sexual favours or other conduct of a sexual nature. It’s not only a human rights issue, which is unlawful under the Sex Discrimination Act, but also a workplace health and safety (WHS) risk which can cause significant psychological, physical, reputational and financial harm.

Existing systems and processes for managing WHS risks and hazards should be used to eliminate the risks and control the likelihood of sexual harassment occurring in the workplace.

Board members and senior executives have a duty to address this. Everyone deserves to work in a safe, respectful and inclusive environment. Respect is everyone’s business.

Sexual harassment is any unwelcome sexual advance, request for sexual favours or other conduct of a sexual nature. It’s not only a human rights issue, which is unlawful under the Sex Discrimination Act, but also a workplace health and safety (WHS) risk which can cause significant psychological, physical, reputational and financial harm.

Existing systems and processes for managing WHS risks and hazards should be used to eliminate the risks and control the likelihood of sexual harassment occurring in the workplace.

Board members and senior executives have a duty to address this. Everyone deserves to work in a safe, respectful and inclusive environment. Respect is everyone’s business.