External resources
There has been a tremendous amount of excellent work to support business leaders to eliminate sexual harassment in the workplace, and we have highlighted some of the resulting resources in the table below.
CEW thanks the Australian Institute of Company Directors, Diversity Council Australia, Champions of Change Coalition, the Governance Institute of Australia, Our Watch and the Australian Human Rights Commission for sharing their insights, expertise and practical resources, as well as for their leadership.
This document provides a summary of some of the available templates and resources included in various reports and reviews that have been published on sexual harassment. This document has been produced for the Chief Executive Women for their own use and, at their discretion, may be shared with other organisations.
CEW members can also access the organisation’s policy statement on sexual harassment in the member-only section of www.cew.org.au.
Section 4:
Resources
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External resources
There has been a tremendous amount of excellent work to support business leaders to eliminate sexual harassment in the workplace, and we have highlighted some of the resulting resources in the table below.
CEW thanks the Australian Institute of Company Directors, Diversity Council Australia, Champions of Change Coalition, the Governance Institute of Australia, MinterEllison, Our Watch and the Australian Human Rights Commission for sharing their insights, expertise and practical resources, as well as for their leadership.
This document provides a summary of some of the available templates and resources included in various reports and reviews that have been published on sexual harassment. This document has been produced for the CEW members for their own use and, at their discretion, may be shared with other organisations.
CEW members can also access the organisation’s policy statement on sexual harassment in the Member Hub here
Key terms
Navigating legislative changes can be challenging. So, we have put together some key terms for your reference.
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.
The belief that one will not be punished or humiliated for speaking up with ideas, questions, concerns, or mistakes, and the team is safe for interpersonal risk taking.
Putting the affected person at the centre of how the organisation responds to the harmful behaviours, by seriously taking into account their wishes, provided it is safe for everyone to do so.
Where the interaction with a person who has experienced trauma (such as sexual harassment and related inappropriate conduct) prioritises safety, trustworthiness, choice, collaboration and empowerment.
Legally, sexually harassment contains three elements:
- A person makes sexual advances or requests for sexual favours from another person.
- The advances or requests for favours are unwelcome.
- A reasonable person would realise that – in the specific circumstances – the recipient might feel offended, humiliated, or intimidated by the advances.
Following a reported incident, 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.
Resources by topic
Click a topic to explore tools and resources curated by the CEW team to support business leaders to eliminate sexual harassment in the workplace.
A Quick Guide for Complying with the Positive Duty under the Sex Discrimination Act 1984 (Cth)
A valuable introductory guide published by the Australian Human Rights Commission in August 2023 which defines the positive duty, clarifies what constitutes unlawful conduct, and unpacks the seven standards organisations are expected to uphold to meet their obligations under the Sex Discrimination Act 1984 (Cth).
Fact sheet – Respect@Work – Changes to the Sex Discrimination Act 1984 and the Australian Human Rights Commission Act 1986
This Respect@Work fact sheet provides a summary of the amendments made by the Anti-Discrimination and Human Rights Legislation Amendment (Respect at Work) Act 2022. For example, it outlines the key changes to the Sex Discrimination Act 1984, including the new Australian positive duty for organisations to prevent sexual harassment, harassment on the ground of sex and hostile workplace environments by proactively taking reasonable and proportionate measures to eliminate these behaviours so far as possible.
Time for respect: Fifth national survey on sexual harassment in Australian workplaces
This survey conducted by the Australian Human Rights Commission provides vital information about the scale and prevalence of workplace sexual harassment, setting out the need for prevention and response initiatives to address the issue.
Champions of Change Coalition 2022 Impact Report
In 2020, the Champions of Change Coalition identified five key focus areas to ‘disrupt the system’ to prevent sexual harassment in the workplace. The Coalition’s 2022 Impact Report tracks progress as member organisations work to embed the five key focus areas. See pages 12-13 for more information.
Sexual Harassment in the Workplace
This Australian Institute of Company Directors report provides a practical roadmap of the relevant board-level and legal considerations for effectively preventing and responding to workplace sexual harassment. The report explores considerations and common challenges that can arise when an organisation considers its response to sexual harassment allegations, offers case studies, and outlines steps that organisations can take to effectively prevent and respond to sexual harassment in workplaces.
Workplace sexual harassment: What you need to know
A comprehensive capture of workplace sexual harassment including definitions, rights of employees, responsibilities of employers and reporting.
Implementing Positive Duties
One of the key aspects of the new amendments to sexual harassment in Australian law is the positive duty of organisations to take reasonable and proportionate measures to eliminate from workplaces, as far as possible, sexual harassment, harassment on the ground of sex and hostile workplace environments This resource from the Diversity Council Australia discusses how organisations can take a ‘positive duties approach’ to tackling workplace sexual harassment.
Preventing and responding to workplace sexual harassment – A QUICK GUIDE FOR EMPLOYERS
The Victorian Equal Opportunity & Human Rights Commission sets out six standards to assist organisations with preventing and responding to workplace sexual harassment. In particular, Standard 3 covers the actions that leaders should take to build organisational capability to create and drive a culture of respect. – Page 16
Workplace Equality and Respect
This website is designed to support organisations in assessing and identifying key actions to ensure gender equality and respect are at the centre of an organisation’s culture.
Report 2: ‘ENOUGH IS ENOUGH’ Sexual harassment against women in the FIFO mining industry, WA Parliamentary Report
The WA Community Development and Justice Standing Committee handed down its report on the inquiry into the sexual harassment against women in the FIFO mining industry in June 2022: ENOUGH IS ENOUGH’ Sexual harassment against women in the FIFO mining industry.
The Committee explored numerous accounts of alleged sexual misconduct in the FIFO mining sector and found that sexual harassment has and continues to be prevalent across the industry. This was in line with what the Australian Human Rights Commission identified in 2020 – that mining was one of the worst five performing industries. Longstanding academic and other research has identified poor culture, gender inequality, and power imbalance in the workplace as the major risks, and all of them were found to be evident in the sector.
The 24 recommendations in this report are targeted at exposing the behaviours and directing change at company, industry, regulatory and legislative levels and calls for reform by key industry players such as the Department of Mines, Industry, Regulation and Safety, the WorkSafe Commissioner and mining companies.
Guidelines on the Use of Confidentiality Clauses in the Resolution of Workplace Sexual Harassment Complaints
Following concerns surrounding the use of confidentiality clauses in workplace sexual harassment agreements, the Respect@Work report recommended that the AHRC develop guidance for the use of confidentiality clauses in workplace sexual harassment matters. These guidelines outline a recommended approach for the use of confidentiality clauses in workplace sexual harassment settlement agreements.
Good Practice Indicators Framework for Preventing and Responding to Workplace Sexual Harassment
This Respect@Work resource contains intended outcomes and indicators of good practice for organisations with respect to preventing and responding to sexual harassment. The indicators capture the factors likely to lead to respectful and inclusive workplaces which minimise the risk of sexual harassment.
Workplace Equality and Respect: A how-to guide
This guide developed by Our Watch highlights the key steps to secure commitment, communicate and consult effectively, identify needs and priority areas and prepare an action plan to create a gender-equitable and inclusive workplace for people of all genders. The guide focuses on how to prevent sexual harassment in the workplace, providing four steps and specific actions to promote gender equality and prevent sexual harassment.
Sexual Harassment in the Law
This web portal from the Law Society of NSW sets out resources, avenues to raise complaints, legislation and information relating to sexual harassment in the workplace for those in the legal profession.
Internal reporting on sexual harassment: Disrupting the System – Preventing and responding to sexual harassment in the workplace | Sexual Harassment: Practical resources and tools
The Champions of Change Coalition has provided resources including a range of safety metrics for internal board reporting, which have been adapted for a sexual harassment context. This tool defines significant incidents, recordable incidents and cultural indicators and sets out suggested reporting requirements and considerations for each. – Pages 30-31
eSafety workplace safety guidance
These resources developed by the eSafety Commissioner and Safe Work Australia provide practical steps for workers and organisations to prevent and deal with incidents of online abuse in the workplace.
Guidelines for Complying with the Positive Duty under the Sex Discrimination Act 1984 (Cth)
These guidelines, published in August 2023 by the Australian Human Rights Commission, comprehensively outline the standards that organisations are expected to meet when implementing the positive duty, and the enforcement powers the Commission holds if breaches occur.
Steps to prevent workplace sexual harassment
Safe Work Australia provides an infographic detailing practical steps for persons conducting a business or undertaking (such as employers) to prevent workplace sexual harassment and comply with their work health and safety duties. These steps are designed to assist persons conducting a business or undertaking to eliminate or minimise the risk of sexual harassment at the workplace, so far as is reasonably practicable.
Changes to Australia’s sexual harassment laws – what directors need to know
Following changes to sexual harassment laws under the Sex Discrimination and Fair Work (Respect at Work) Amendment Act 2021, the Australian Institute of Company Directors outlined the key changes that were introduced in 2021. The resource details important points and questions that directors should consider around sexual harassment in the workplace following this amendment. Whilst this resource may provide useful guidance for directors, more recent changes have been introduced under the Anti-Discrimination and Human Rights Legislation Amendment (Respect at Work) Act 2022.
Sexual harassment support and response tool
The Sexual harassment support and response tool developed by the Victorian Equal Opportunity and Human Rights Commission is designed to give workers and organisations information and guidance to respond to sexual harassment at work. The tool is an interactive chat that provides pathways for information on how to respond to or process instances of sexual harassment in the workplace.
Responding to Incidents: Harassment including sexual harassment
This resource from the Australian Government’s Comcare website provides various resources for both organisations and workers regarding sexual harassment in the workplace (including responding to incidents of sexual harassment). See ‘responding to incidents’ tab for more information.
Example questions to understand the prevalence of sexual harassment: Disrupting the System – Preventing and responding to sexual harassment in the workplace | Sexual Harassment: Practical resources and tools
The Champions of Change Coalition presents example questions that can be used to understand the prevalence, manifestations and culture of sexual harassment in an organisation. These questions can be circulated as a survey to workers. See page 34 for more information.
Managing risks and identifying hazards and assessing risks: Preventing workplace sexual harassment
Safe Work Australia provides practical guidance to identify, assess and control hazards in your workplace that may increase the likelihood of sexual harassment. – Pages 9-10
Myth Busting Sexual Harassment at Work
This Diversity Council Australia guide challenges common misconceptions around sexual harassment and provides detailed frameworks for action so that employees and workplaces can stand up for safety and respect at work.
Respect@Work Act is now law
This MinterEllison technical update identifies proactive and practical steps that organisations can take to assist in complying the new Australian positive duty to take reasonable and proportionate measures to eliminate, as far as possible, sexual harassment, harassment on the ground of sex and workplace environments that are hostile on the ground of sex. It provides that organisations should be periodically undertaking risk assessments to identify ‘hotspots’ and manage these risks. For example, this can be done by having leaders model, encourage and enforce desired behaviours, having gender equality and inclusivity strategies and requiring management to periodically provide to the board de-identified data on discriminatory/harassing conduct with a focus on systemic issues and leading indicators.
How to create respectful workplaces
This MinterEllison insight provides a checklist of key questions for boards or executive teams to ask, and steps to take, to assist in creating the foundation for a safe and respectful workplace culture. This guidance may assist organisations in managing risk and complying with the new Australian positive duty to take reasonable and proportionate measures to eliminate, as far as possible, sexual harassment, harassment on the ground of sex and workplace environments that are hostile on the ground of sex.
An emerging Australian system to prevent sexual harassment and hostile workplaces
This MinterEllison insight covers key new obligations and prohibitions under three regulatory frameworks in Australia that aim to prevent sexual harassment and hostile workplace – the Anti-Discrimination and Human Rights Legislation Amendment (Respect at Work) Act 2022, under the amendments to the Fair Work Act 2009 (Cth) and under work health and safety legislation. The insight assists organisations with navigating the complexity between the three complementary regulatory frameworks by encouraging organisations to create and maintain a respectful, flourishing and high performing culture.
Disrupting the System: Preventing and responding to sexual harassment in the workplace | Building confidence and trust in workplace responses to sexual harassment
This publication, released by Champions of Change Coalition in November 2023, provides practical guidance to ensure a person-centred, trauma-informed response to allegations of sexual harassment within the workplace.
Reporting workplace sexual harassment: Workplace sexual harassment: What you need to know
This factsheet comprehensively discusses workplace sexual harassment including definitions, workplace rights, responsibilities of organisations, workers and others in a workplace and provides guidance about raising an incident. In particular, it details formal and informal avenues that can be taken when raising an incident of sexual harassment in the workplace. See pages 10-14 for more information. – Pages 10-14
Reporting and response template: Disrupting the System – Preventing and responding to sexual harassment in the workplace | Sexual Harassment: Practical resources and tools
This Champions of Change Coalition template provides a range of pathways for reporting and responding to sexual harassment. It provides a range of options for workers to raise complaints and is designed to provide them with flexibility to choose the pathway that is suitable for them. – Pages 37-39
Responding to reports: Disrupting the System – Preventing and responding to sexual harassment in the workplace | Sexual Harassment: Practical resources and tools
Organisations must ensure that responses to complaints are timely and consistent with set policies and processes, with proportionate disciplinary outcomes. This Champions of Change Coalition template provides a suggested approach to receiving and responding to a complaint or report of sexual harassment. – Pages 40-46
Good practices for developing internal complaints processes: Ending workplace sexual harassment: A resource for small, medium and large employers
The Australian Human Rights Commission provides ‘Good Practice Guidelines’ which set out the characteristics and key stages of an effective internal complaints process for responding to complaints of sexual harassment and related inappropriate conduct. – Appendix 4
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.
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Respect is Everyone’s Business is about equipping everyone, especially leaders with influence, with the tools to create safe and respectful workplaces.
We encourage all leaders to use and share these resources in their spheres of influence and help eliminate and prevent sexual harassment in their workplace even before it happens.
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