No Sexual Harassment Training

No Sexual Harassment Training  – Not having workplace sexual harassment training in Australia can create serious legal, financial, and cultural risks for employers. Here’s a structured breakdown of the downsides:

1. Legal Risks (This is a major issue in Australia)

Under the Sex Discrimination Act 1984 (Cth) and amendments introduced in 2022, Australian employers now have a positive duty to prevent sexual harassment — not just respond to it.

Key regulators include:

• The Australian Human Rights Commission (AHRC)

• The Fair Work Commission (FWC)

• State-based Work Health & Safety regulators

Without training, employers may:

• Fail to meet their positive duty obligations

• Be unable to show they took “reasonable steps” to prevent harassment

• Face investigations by the AHRC

• Be exposed to compensation claims and penalties

Courts and tribunals often consider whether staff received training when deciding employer liability.

2. Increased risk of sexaual harassment incidents occurring

Without training:

• Employees may not understand what constitutes sexual harassment

• Managers may not recognise early warning signs

• Bystanders may not know how to intervene

• Inappropriate behaviour can become normalised

Training must clarify:

• The defintion of sexual harassment

• That sexual harassment is unlawful

• What to do if I person is subjected to or witnesses sexual harassment in the workplace

• How to report incidents of sexual harassment

Sex Discrimination Act 1984 – Sect 28a definition of sexual harassment

Meaning of sexual harassment

 For the purposes of this Act, a person sexually harasses another person (the person harassed ) if:

 (a)  the person makes an unwelcome sexual advance, or an unwelcome request for sexual favours, to the person harassed; or

(b)  engages in other unwelcome conduct of a sexual nature in relation to the person harassed;

 in circumstances in which a reasonable person, having regard to all the circumstances, would have anticipated the possibility that the person harassed would be offended, humiliated or intimidated.

 (1A)  For the purposes of subsection   (1), the circumstances to be taken into account include, but are not limited to, the following:

• the sex, age, sexual orientation, gender identity, intersex status, marital or relationship status, religious belief, race, colour, or national or ethnic origin, of the person harassed; 

• the relationship between the person harassed and the person who made the advance or request or who engaged in the conduct; 

(c)  any disability of the person harassed; (d)  any other relevant circumstance. 

It is important to note that serious misconduct can provide a valid reason for summary or instant dismissal.

3. It can be Financially Costly

Lack of training can result in:

• Expensive legal fees

• Compensation payouts that far outweight the cost of training

• Regulatory fines

• Increased insurance premiums

• Productivity loss

• Staff turnover costs and the loss of good employees

One serious claim can cost significantly more than implementing annual training programs.

4. Reputational damage can occur

Public complaints or media coverage can:

• Damage brand credibility and reputation

• Affect recruitment

• Reduce customer trust

• Impact investor confidence

Reputation damage can be long-lasting, especially in the age of social media.

5. Workplace culture can decline

Without training:

• Employees may feel unsafe or unsupported

• Morale declines

• Psychological safety decreases

• Diversity and inclusion efforts suffer

• Talent retention becomes harder

This is particularly critical in industries competing for skilled workers.

6. Adverse actions in realtion to managerial liability

Managers and directors can face:

• Personal liability in some cases

• Breaches of WHS obligations

• Governance scrutiny

Boards are increasingly expected to oversee workplace conduct risks.

7. Missed Opportunities to prevent sexual harassment

Training:

• Encourages early reporting, so long as the training provide guidance on how to lodge complaints with and who to

• Reduces escalation, if complaint at dealt with early

• Promotes respectful communication

• Supports bystander action

Without it, issues often surface only after serious harm has occurred.

If you have No Sexual Harassment Training – How can AWPTI help

We are available to provide training to actually deliver benefits, training should be treated like a prevention control—not a one-off compliance box.

Our program can include:

• Onboarding + regular refreshers (annual or biennial, plus after policy/legal changes)
• Tailored programs for managers, HR, and senior leaders
• Scenario-based practice (including online conduct, work events, power imbalance situations)
• Clear reporting pathways and “what happens next”
• Measurement (completion rates, pulse surveys, incident trends, time-to-response)

AWPTI can provide you with

• Sexual harassment training to ensure you protect your employees and satisfy your duty of care including the positive duty to take all reasonable steps to eliminate sexual harassment in the workplace – details here
• Professional and comprehansive investigation services – https://awpti.com.au/workplace-investigations/
• The best investigation traniing  available on the market today – learn more

Please contact me via enquiries@awpti.com.au or our contact page if you would like to organise a course for your organisation or you would like to join an upcoming open course.

If you are a HR consultant conducting workplace investigations this course is essentially important for your business or career development

Please feel free to see what past participants have said about the courses – details here