Sexual Harassment compliance obligations

Sexual Harassment compliance obligations – A famous line from the movie Dirty Harry was Clint Eastwood saying “You just have to ask yourself one question, do I feel lucky, well do ya?”

The same can be applied to be being prepared for the AHRC commissions compliance powers coming into to force on 12 December 2023.

Employers/organisations cannot take the risk and hope that they get lucky!!

Right now if you’re thinking, “the what” please read on

If after 12 December 2023 if the AHRC comes knocking and you have done nothing it might then be a case of, again the words of Dirty Harry “Go ahead, make my day”

On 25 November 2022, the Anti-Discrimination and Human Rights Legislation Amendment (Respect at Work) Act 2022 was passed into Law. The Act to implements recommendations from the AHRC 2020 Respect@Work report. It has significantly strengthened Australia’s regulatory framework in respect of sex discrimination, and in particular, sexual harassment.

The New Positive Duty

The centrepiece of the Act was the introduction of a positive duty to prevent sex discrimination and sexual harassment.

The Act amended the Sex Discrimination Act 1984 (Cth) by introducing a new positive duty for all employers to take ‘reasonable and proportionate measures’ to eliminate, as far as possible, unlawful sex discrimination, including sexual harassment, sex-based harassment, hostile work environments and victimisation. This duty will coexist with existing duties under work health and safety laws, including the duty of employers to provide a safe working environment for workers, so far as reasonably practicable.

The Australian Human Rights Commission  concluded in the Respect@Work report that a positive duty shifts the burden from individuals making complaints to employers taking proactive and preventative action.

As the positive duty is an ongoing duty, it shifts the emphasis from a complaints based model to one where employers must continuously assess and evaluate whether they are meeting the requirements of the duty.

Under this new duty, it will be imperative that all employers and organisations adopt preventative measures to address sex discrimination and sexual harassment in the workplace, one of the most important preventative measures is training your employees to understand what sexual harassment is and that it is unlawful.

It is vitally important to note that from 12 December 2023, the Australian Human Rights Commission (AHRC) can inquire into compliance with the new positive duty. If non-compliance is reasonably suspected, the AHRC can issue a compliance notice and apply to the Federal Court for orders to direct compliance with the notice.

Sexual Harassment Compliance obligations Training

We have developed 4 programs to help organisation. Full details of the programs can be found here

In short we have;

• An employee programs – designed for all employees to ensure that they understand what sexual harassment is, that it is unlawful and what to do if they expereince or witness sexual harassment in ther workplace
• A managers progam, with the same content as above and advice for managers, employers, business owners etc on how to initially manage sexual harassment complaints from employees.
• The organisational program to help business to ensure compliance with the new positive duty.
• The individual 1:1 program for those who have had issues in relation to their behaviour that may constitute sexual harassment and as part of the remedial action

We recommended that the employee training is conducted twice annually and especially when new employees come on board.

Sexual harassment training can assist you to

* Identify how, where and when sexual harassment might happen

* Work out how you will address sexual harassment if it does happen

* Understand the triggers for sexual harassment

* Help you employees to understand the unacceptable ‘excuses’ for sexual harassment.

• Help to ensure that you as an employer satify your positive duty of care.

Sexual Harassment Compliance Training – Now is the time to act

It may be too late come December 2023. Don’t take the risk. You may be called upon to show that you have complied with the positive duty!!

AWPTI can provide your organisation with our Understanding Workplace Sexual Harassment programs. The program can be delivered in person or remotely via Zoom or MS Teams with a flat rate with no limit on attendees.

Details and content of the programs can be found here – https://awpti.com.au/sexual-harassment-training/