Sexual Violence In The Workplace

Sexual violence in the workplace engages more than the criminal law. The positive duty under the Sex Discrimination Act requires employers to take reasonable and proportionate measures to prevent sexual harassment and related conduct, and that obligation exists whether or not anyone has complained.

What is assessed is what you had in place beforehand, which means prevention work sits with conditions rather than with conduct rules.

The conditions that raise risk are known. Isolated or lone work. Late shifts and thin staffing. Alcohol at work events. Steep power gradients combined with insecure employment. Accommodation shared during work travel. Client and patient contact.

An organisation that has never assessed those and relies on a policy and an annual module is in a weak position, regardless of whether anything has happened.

Support services are available. The Australian Human Rights Commission sets out the positive duty. This is general information rather than legal advice, and obligations vary by state and territory.

See Sentrient’s sexual harassment course and incident reporting software.