1 Core obligations

Employers must take steps to identify and mitigate risks relating to sexual harassment in the workplace

In particular, employers should assess their workplaces for characteristics that may increase the risk of sexual harassment occurring or which may create barriers for identification and reporting.

2 What to focus on

A risk assessment involves considering what could happen if someone is exposed to a hazard and the likelihood of exposure. A risk assessment for sexual harassment can help you to determine:

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

Risk register

1 Core obligations

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’) are psychosocial risks. Organisations1 must take steps to eliminate or minimise psychosocial risks in the workplace, so far as reasonably practicable.

A psychosocial risk is a risk to the health or safety of a worker or other person arising from a psychosocial hazard.  A psychosocial hazard is a hazard that arises from or relates to the design or management of work; or a work environment; or plant at a workplace; or workplace interactions or behaviours; and may cause psychological harm.2

In particular, Organisations should assess their workplaces for psychological hazards that may increase the risk of sexual harassment and related inappropriate conduct occurring, or which may create barriers for identification and reporting.  Recognising and treating this conduct as a work health and safety risk is an important part of an Organisation’s framework for prevention. 

2 What to focus on

A risk assessment involves considering what could happen if someone is exposed to a hazard and the likelihood and potential impact of exposure. A risk assessment for sexual harassment and related inappropriate conduct can help you to determine:

  • What hazards are present in the workplace?
  • How frequent and intense is the hazard? 
  • What potential the hazard has to cause harm?
  • How severe is a risk/harm? 
  • What action you should take to eliminate or minimise the risk?
  • How urgently the action needs to be taken?
  • What long term solutions can be implemented?
  • How to develop feasible, realistic and effective solutions based on root causes?
  • How to monitor solutions?
  • Whether control measures are effective and how to review and monitor their effectiveness?

When assessing risk, Organisations should consider the likelihood and potential impact of sexual harassment and related inappropriate conduct, and not just base their assessment on the actual occurrence of this conduct.  This approach will increase an Organisation’s ability to respond to potential issues before they cause harm.

3 Example wording

Below are examples of risks and mitigation measures that could be included in a risk register, prepared using the risks identified in the following resources. A risk assessment should also include an assessment of the likelihood and impact of the risk.

Useful information about managing psychosocial risks is also available in the material issued by the work, health, and safety regulators: 


Note: Reporting dashboard, Charter wording and Risk register examples listed below can be downloaded from the ‘Policy, processes and reporting’ section of the Respect Toolkit: Policy and Reporting

Download this Risk Register Template here today and share with your network.

Factors that can indicate, increase the likelihood and/or impact of sexual harassment:

Mitigation measures

Low worker diversity e.g. the workforce is dominated by one gender, age group, race or culture.

Concentration of men in management, leadership or board.

Men being promoted more often than women

Have strategies for achieving gender equality and diversity and inclusion targets.

Have gender equality in leadership including at the board.

Address pay gaps and other inequities based on gender, age, race or culture.

Regular segmented reporting on diversity. Refer to our Reporting dashboard examples.

Sex-segregated workplaces (where work is typically or historically performed by men or women) and workplaces with rigid workplace norms based on gender stereotypes e.g. a person of particular gender routinely organise catering, prepare rooms for meetings and clean up after events.

Have strategies for achieving gender equality and diversity and inclusion targets.

Break down gender stereotypes at work.

Provide unconscious bias training.

Set expectations for, and hold accountable, middle management who work with front line workers.

Power imbalances e.g. workplaces where one gender holds most of the management and decision-making positions.

Have strategies for achieving gender equality and diversity and inclusion targets.

Have gender equality in leadership including at the board.

Regular reporting on diversity, including recent hiring and promotions. Refer to our Reporting dashboard examples.

Workplaces that value profit over protecting workers.

Build trust that the Organisation will take proportionate action when sexual harassment and related inappropriate conduct occurs.

Take into account the prevention of sexual harassment and related inappropriate conduct when setting KPIs.

Sexual harassment and related inappropriate conduct policy, training and reporting. Refer to our Reporting dashboard, Charter Wording and Risk Register examples.

Workplaces organised according to a hierarchical structure.

Ensure board members and leaders role model appropriately.

Set expectations for, and hold accountable, middle management who work with front line workers

Have greater transparency over the prevalence of sexual harassment and related inappropriate conduct and how the Organisation is dealing with this conduct and learning from incidents.

Consider how you will use NDAs and confidentiality clauses in settlement agreements so as not to prevent the person impacted from telling their story, or preclude the Organisation from monitoring emerging systemic issues.

Sexual harassment sexual harassment and related inappropriate conduct policy, training and reporting. Refer to our Reporting dashboard, Charter wording and Risk register examples.

A workplace culture that supports or tolerates sexual harassment and related inappropriate conduct, including where lower level, harmful forms of harassment are accepted.

For example, small acts of disrespect and inequality, casual sexism and hostile workplace environments are ignored and reports of inappropriate behaviours are not taken seriously.

This conduct can escalate to other forms of harassment, aggression and violence.

Ensure board members and leaders role model appropriately.

Set expectations for, and hold accountable, middle management who work with front line workers.

Implement human-centred and trauma-informed processes and systems for managing reports of sexual harassment and related inappropriate conduct.

Encourage greater levels of reporting by building trust that the Organisation will take proportionate action when sexual harassment and related inappropriate conduct occurs.

Sexual harassment and related inappropriate conduct policy, training and reporting, including education on safe early intervention techniques and how to safely exercise bystander responsibilities.

Refer to our Reporting dashboard, Charter wording and Risk register examples.

Use of alcohol in a work context, and attendance at conferences and social events as part of work duties, including overnight travel.

Have in place and implement a responsible service of alcohol policy.

Consider holding events that are not focused on alcohol consumption.

Workers who work in isolated places with limited supervision, in restrictive spaces like cars, at residential premises or employer-provided accommodation, or where limited help and support is available.

Increase the number of supervisors in remote locations.

Improve safety systems in remote locations such as remote surveillance, alarms and lighting.

Working from home which may provide an opportunity for covert sexual harassment and related inappropriate conduct to occur online or through phone communication.

Encourage greater levels of reporting by building trust that the Organisation will take proportionate action when sexual harassment and related inappropriate conduct occurs.

Regular reporting e.g. on complaints, employee assistance calls by category. Refer to our Reporting dashboard examples.

Worker interactions with clients, customers or members of the public (either face-to-face or online) which may give rise to third-party sexual harassment and related inappropriate conduct.

Encourage greater levels of reporting by building trust that the Organisation will take proportionate action when sexual harassment and related inappropriate conduct occurs.

Educate third-party providers about the Organisation’s culture of prevention.

Refuse to deal with third parties that breach the Organisation’s policies.

Regular reporting e.g. on complaints, employee assistance calls by category. Refer to our Reporting dashboard examples.

Poor understanding among workplace leaders of the nature, drivers and impacts of sexual harassment and related inappropriate conduct.

Ensure board members and leaders role model appropriately.

Sexual harassment and related inappropriate conduct policy and training.

High-pressure workplaces, with an attitude that workers need to let off steam to deal with the pressures of work and certain behaviours don’t need to be taken seriously.

Build trust that the Organisation will take proportionate action when sexual harassment and related inappropriate conduct occurs.

Take into account the prevention of sexual harassment and related inappropriate conduct when setting KPIs.

Sexual harassment and related inappropriate conduct policy, training and reporting.

Short-term contracts with a reliance on reputation and word-of-mouth for securing the next job, for example individuals in the fashion and entertainment industries and junior doctors completing their training.

Encourage greater levels of reporting by building trust that the Organisation will take proportionate action when sexual harassment and related inappropriate conduct occurs.

Sexual harassment and related inappropriate conduct policy, training and reporting. Refer to our Reporting dashboard, Charter Wording and Risk Register examples.

Some areas in or around the workplace are isolated, poorly lit or intimidating to enter.

Audit such areas and improve safety in those areas.

Sexualised or sexist materials are on display (e.g. posters, calendars, screensavers).

Build trust that the Organisation will take proportionate action when sexual harassment and related inappropriate conduct occurs.

Set expectations for, and hold accountable, middle management who work with front line workers.

Lack of privacy or security for workers using bathrooms or change rooms.

Make bathrooms and change rooms private and secure.

In-home work (such as providing childcare, nursing, cleaning services, aged or disability care) with direct client contact and little or no oversight.

Audit workers performing such work to identify the risks; consult with workers about how to address the risks.

Sexual harassment policy and training.

Male-dominated customer or client base.

Seek to improve the diversity of clients the organisation services.

Set out expectations of working together with both parties.

Small businesses where confidentiality and confidence to raise issues may be difficult to achieve.

Engage a third-party provider that can receive complaints and provide regular reports.

Provide anonymous reporting options.

Encourage greater levels of reporting by building trust that the Organisation will take proportionate action when sexual harassment and related inappropriate conduct occurs.

Sexual harassment and related inappropriate conduct policy, training and reporting, including education on safe early intervention techniques and how to safely exercise bystander responsibilities. Refer to our Reporting dashboard, Charter Wording and Risk Register examples.

A cohort of young workers (including under 18 years), interns, apprentices, graduates or other junior workers.

Audit the risks associated with such workers and change their working environment in response to those risks. For example, limit the extent to which such workers are permitted to work long hours.

Sexual harassment and related inappropriate conduct policy, training and reporting. Refer to our Reporting dashboard, Charter wording and Risk register examples.

A cohort of women from migrant and non-English speaking backgrounds, people on employer-sponsored visas, First Nations women, women with disabilities and LGBTIQA+.

Audit the risks specific to these workers and implement control measures in response to those risks.

Specifically reference these groups in training materials.

A cohort of casuals, contractors, short-term workers, temporary workers and freelancers.

Encourage greater levels of reporting by building trust that the Organisation will take proportionate action when sexual harassment and related inappropriate conduct occurs.

Ensure that these groups are captured in training and reporting. Refer to our Reporting dashboard examples.

High staff turnover, particularly of female or junior workers.

Ensure exit interviews are comprehensive and capture the reasons for the worker leaving the business and include in reporting.

Refer to our Reporting dashboard examples.

Gender differences in shifts or teams that may be caused by a group or individual being more reluctant to work with particular workers or take on particular tasks.

Understand the reasons for the reluctance and implement measures to improve diversity in teams.

Have strategies for achieving gender equality and diversity and inclusion targets.

Different uniform requirements for men and women, or prescriptive dress codes or expectations for how women should look at work (such as high heels, skirts and make-up).

Review uniform requirements through a gender and cultural lens, and implement changes to break down the gender and cultural stereotypes in relation to how workers are required to dress.

Travel and overnight stays.

Consider the necessity of travel and overnight stays. Where necessary, ensure secure accommodation is provided.

Placements in regional or remote locations where workers may be socially isolated or confined with co-workers, such as fly-in-fly-out workers in camps.

Ensure that secure accommodation is provided, and supervisors regularly check in with such workers.

Frequent formal or informal client functions or after-work events.

Acknowledge the consumption of alcohol is not part of some employees’ culture and consider the necessity and focus of such functions.

Implement a responsible service of alcohol policy and ensure non-alcoholic beverages are available.

Ensure the organisation provides transport home for workers.

Shift work, after-hours and longer hours.

Identify the risks associated with workers performing such shifts and implement control measures in response to those risks.

Gendered and binary networking events or mentoring opportunities, such as work lunches at men’s clubs, invitations for men to play golf with the boss.

Cease offering such events, or invite women, and people of all backgrounds and cultures.

 Differences in the unspoken expectations of men and women workers.

 Train staff and raise awareness in the business of unconscious bias and discrimination.

Male workers dominating meetings or decisions.

Train staff and raise awareness of unconscious bias.

 

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. 

2 Model Work Health and Safety Regulations. As at April 2023, the model Regulations about psychosocial risks have been implemented by New South Wales, Queensland, Western Australia, Tasmania and the Commonwealth. The Northern Territory will implement the model Regulations in July 2023. Victoria’s regulations on psychosocial risks (which are not based on the model Regulations) are currently under consultation.

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.

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. 

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.