Sexual Harassment
Australian sexual harassment law has moved from a complaints model to a prevention model, and the shift matters more than most policy updates.
The old position. An employer’s obligation was largely reactive. Have a policy, investigate complaints, act on findings. Doing nothing was defensible until something was reported.
The current position. The positive duty under the Sex Discrimination Act requires employers to take reasonable and proportionate measures to eliminate the conduct so far as possible. The obligation exists whether or not anyone has complained, and the Commission has powers to assess compliance.
Practically, that means an organisation with no reported incidents is not automatically compliant. What is assessed is what you did to prevent the conduct, and whether it was proportionate to your risk. Silence in the complaints log is not evidence of anything on its own.
The Australian Human Rights Commission sets out the duty and its seven standards. This is general information rather than legal advice.
See Sentrient’s sexual harassment course and course for managers.
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