Managing Sexual Harassment Policy

To view or download this policy as a PDF click Employee and Employment Related Policies Documents

1. Purpose

The Council is committed to maintaining a safe, diverse, and respectful work environment where everyone is treated with dignity, courtesy, and respect. This policy sets out our expectations about how to prevent sexual or sex-based harassment in the workplace and the associated behavioural requirements and expectations.

It will also set out the steps on what to do, how to speak up and the support available if you or others experience or witness sexual or sex-based harassment in the workplace and the potential consequences in breaching this policy and expectations of individuals involved with or employed by, the Council.

The Council has zero tolerance for sexual or sex-based harassment and this behaviour will not be tolerated.

2. Scope

This Policy applies to all our people, including employees, visitors, contractors, volunteers and when activities are conducted in connection with the Council, including work functions.

3. Legislation and Reference

Local Government Act 2019
NT Work Health and Safety (National Uniform Legislation) Act 2011 Fair Work Act 2009
Central Desert Regional Council Enterprise Agreement
Local Government Industry Award 2020
Australian Human Rights Commission Act 1986 (Cth)
Work Health and Safety (National Uniform Legislation) Act 2011 (Cth)
Anti-Discrimination and Human Rights Legislation Amendment (Respect at Work) Act 2022
Performance Management Policy- TBC
Grievance Resolution Policy– TBC
Safety Policy – TBC
Discrimination, Bullying and Harassment Policy - TBC

Definition and Terms

Contractor: A person or entity who contracts to perform work for the Council and is not an employee.

Council: Central Desert Regional Council.

Employee: In this policy's context, an employee is anyone employed by the Council.

Inappropriate behaviour: Generic term for behaviour associated with discrimination, bullying or harassment.

Intersex: People who are born with physical sex characteristics (such as sexual anatomy, reproductive organs, hormonal patterns and/or chromosomal patterns) that do not fit typical definitions for male or female bodies.

Manager: A person directly employed by the Council and has employees reporting to them.

Psychosocial Hazards: Anything that could cause a person psychological harm. They can create stress, which can result in psychological and physical harm. The company and its managers must manage the risk of psychosocial hazards in the workplace.

Sex-based Harassment: Unwelcome conduct of a seriously demeaning nature by reason of the person’s sex or gender identity, in circumstances in which a reasonable person would have anticipated the possibility that the person harassed may be offended, humiliated or intimidated.

Sexual harassment: When a person makes an unwelcome sexual advance or request, for sexual favours to the person or engages in other unwelcome conduct of a sexual nature in relation to the person being harassed.

For the purpose of this document, the term sexual harassment includes sex-based harassment.

Victimisation: Punishing or threatening to punish someone because they have:

• Asserted their rights under equal opportunity law;
• Made a complaint;
• Helped someone make a complaint; or
• Refused to do something because it would be discrimination, sexual harassment or victimisation.

Visitor: A person who is not an employee who attends or visits the Council.

Volunteer: A person who engages in activities without payment or reward.

4. Responsibilities

Council

• Maintain a workplace free from sexual harassment and inappropriate behaviour;
  
• Enable employees to raise genuine concerns about inappropriate behaviour in a respectful manner and without being victimised;
  
• Provide information, resources and training to staff regarding sexual harassment; and
  
• Investigate complaints thoroughly and in a timely manner.

Managers

• Role models of respectful behaviours,
• Demonstrate clear and visible support for eliminating inappropriate behaviour,
  
• Be available to listen and understand an employee’s concerns without judgment,
  
• Remain competent and informed about sexual harassment in the workplace,
  
• Take prompt action if breaches of the policy occur,
  
• Pro-actively monitor the working environment to ensure employee behaviour is appropriate,
  
• Effectively manage situations that may have a higher risk of inappropriate behaviour (such as work functions),
  
• Eliminate psychosocial risks, or if that is not reasonably practicable, minimise them so far as is reasonably practicable,
  
• Ensure employees understand this policy and have been trained,
  
• Treat all allegations of inappropriate behaviour seriously and take appropriate action in a timely manner; and
  
• Maintain confidentiality about allegations or conduct regarding inappropriate behaviour.

Employees

• Always behave in a professional manner and adhere to the requirements of this policy,
  
• Treat others with respect and dignity by not engaging in unwelcome or inappropriate behaviour of a sexual nature,
  
• Take accountability for reporting risks that have the potential to develop into sexual harassment
  
• Report inappropriate behaviour in a professional manner, and
  
• Offer support to anyone who is experiencing sexual harassment.

Visitors, Contractors, Volunteers and others who are covered by this policy, should:

• Always behave in a professional manner and adhere to the requirements of this policy,
  
• Treat others with respect and dignity by not engaging in unwelcome or inappropriate behaviour of a sexual nature,
  
• Take accountability for reporting risks that have the potential to develop into sexual harassment; and
  
• Report inappropriate behaviour in a professional manner.

5. What is Sexual Harassment?

Sexual harassment occurs if a person:

• Makes an unwelcome sexual advance, or an unwelcome request for sexual favours, or
• Engages in other unwelcome conduct of a sexual nature.

If these behaviours occur, a reasonable person would expect the harassed person to be offended, humiliated or intimidated. Sexual harassment can cause physical and psychological harm. It can have a wide range of negative impacts, including feelings of isolation, loss of confidence and stress or depression. Sexual harassment can involve conduct by one or more people and can be a single incident, repeated conduct or a normal part of the work environment.

Sexual harassment may include but not be limited to:

• Inappropriate physical contact;
• Intrusive questions about a person’s private life or physical appearance;
• Sharing or threatening to share intimate images or film without consent;
• Unwelcome touching, hugging, cornering or kissing;
• Repeated or inappropriate invitations to go out on dates;
• Sexually suggestive comments or jokes that offend or intimidate;
• Requests or pressure for sex or other sexual acts;
  Sexually explicit pictures, posters or gifts;
• Actual or attempted rape or sexual assault;
• Being followed, watched or someone loitering (hanging around);
• Sexually explicit comments made in person or in writing, or indecent messages (SMS, social media as examples), phone calls or emails – including the use of emojis with sexual connotations;
• Sexual gestures, indecent exposure or inappropriate display of the body;
• Unwelcome conduct of a sexual nature that occurs online or via other forms of technology – including in virtual meetings such as Microsoft Teams, Webex and other platforms;
• Inappropriate staring or leering; or
• Repeated or inappropriate advances on email or other online social technologies.

Sexual harassment is not:

• Behaviour based on, mutual attraction, and friendship where both parties have confirmed; or
• Interactions that are consensual, welcome and reciprocated.

Important: previous consensual sexual interactions or relationships, that have been welcomed and consensual, in the past can become unwelcome for many reasons, this must be acknowledged and respected and treated as such. If the individual expresses for this to stop, it must stop immediately.

6. What is Sex-Based Harassment?

Unwelcome behaviour of a demeaning nature, originating because of a person’s sex or gender identity. A reasonable person would expect the harassed person to be offended, humiliated or intimidated. Inappropriate behaviour may include unwelcome sexual advances, requests for sexual favours, and other verbal or physical harassment of a sexual nature.

7. What is a Hostile Work Environment?

It is unlawful for a person to subject another person to a hostile work environment on the grounds of gender identity. A work environment is considered hostile if a reasonable person considers it offensive, intimidating, or humiliating to a person of a specific gender identity.

8. Positive Duty and Legislation Requirements

Legislation requires managers to eliminate specific behaviours from the workplace. The emphasis for managing these behaviours is preventing the act rather than responding. The prohibited behaviours include:

Sexual harassment and sexual discrimination,

Conduct that amounts to subjecting a person to a hostile workplace environment on the grounds of sex, and

Victimisation.

Workplace health and safety legislation requires managers to manage the risk of psychosocial hazards that may cause people harm.

9. Speaking Up

People who raise concerns should feel confident to do so without fear of victimisation. The Council does not tolerate victimisation.

When a concern is received the Council will:

• allocate the concern to a specialist People and Culture team member;
• act promptly;
• discuss your preferences in addressing your concern, including the outcome you are seeking;
• discuss and consider ways we can support you and consult with you on appropriate wellbeing measures we can put in place, e.g. dedicated counselling, a period of special paid leave, or making changes to your work arrangements / environment; and
• to the extent possible, keep your concern and identity confidential and take reasonable steps to preserve your anonymity if that is your preference.

10. Location

The location of work is diverse and dynamic, and behavioural expectations apply to all locations and activities that are performed in connection with work. These work locations include (but are not limited to) the following:

• Social functions in connection with work, and at after-parties to such events (regardless of their location)
• In vehicles while travelling to or from work functions, events or meetings,
• In accommodation associated with or provided by Council,
• Online via use of technology and social media platforms,
• Any other location in situations where the conduct commenced in the workplace and continued outside the workplace and vice-versa.

Events and Functions – inclusion of alcoholic beverages consumption

Consumption of alcohol at work functions or work-related events can increase the risk of sexual harassment occurring.

Sexual harassment is unlawful and unacceptable in any setting, regardless of where it occurs, including when individuals have been consuming alcohol. Individuals should regulate their own behaviour and consumption of alcohol to ensure their behaviour does not adversely impact others.

11. Confidentiality

Information related to the issue, including the identity of the parties involved, must only be disclosed to those who are involved in actions to address and resolve the concerns. Where employees are involved in a sexual harassment concern, they must endeavour to uphold confidentiality. Details relating to a sexual harassment concern should only be shared when this has been discussed with and agreed to, by the complainant prior to any communications or discussions occurring and information being disseminated.

Employees can discuss details with medical professionals, counsellors, legal advisers, the police, their immediate family members, or other support persons (who also must maintain confidentiality). Employees who do not respect confidentiality may be subject to the disciplinary process.

12. Lodging a Grievance

Lodging a grievance about sexual harassment does not necessarily, nor automatically, trigger a formal investigation, although that may be appropriate in some cases. Support, advice, and early intervention may prevent further or more serious instances of sexual harassment from occurring.
All complaints are managed confidentially, which means that information about a complaint is only provided to those who need to know about it to be properly addressed.

Internal Reporting

To lodge a grievance about sexual harassment in the workplace, employees should refer to the Grievance Resolution Policy.

Bystander Reporting

Witnessing or hearing about sexual harassment in the workplace can be distressing for a bystander. Active bystanders can play a role in reducing the harm of sexual harassment and ensuring there is no tolerance for sexist or sexually harassing behaviours in the workplace.

Bystanders can assist by following these steps:

1. Note the event;
2. Stamp out the inappropriate behaviour by asking the alleged offender to stop;
3. Interpret and understand the problem with the alleged victim;
4. Be responsible for helping in an appropriate way – encourage the victim to report the matter;
5. Apply knowledge and skills to act appropriately; and
6. Act and support – this can be as simple as listening to the alleged harassed person.

To avoid future occurrences of inappropriate behaviour, bystanders should discuss the situation with their manager.

If you are unsure what to do, please contact a member of the People and Culture team.

13. Consequences of Policy Breaches

Sexual harassment, sex-based harassment and creating a hostile work environment are unlawful conduct and prohibited under Federal, State and Territory laws. You may be personally liable if you engage in such conduct and the Council may also be liable for your actions.

Some forms of sexual harassment such as sexual assault, rape and stalking may also constitute a criminal offence under State and Territory laws. In some cases, the Council may be required to report the matter to the Police. If an employee has beached this Policy, the Council will take appropriate disciplinary action up to and including termination of employment where required.

14. Seeking Support

People who have been impacted by sexual harassment in the workplace can obtain support by accessing the Employee Assistance Program, which can be contacted at 1800 193 123.
You can also get support by:

• speaking to your Manager, if you feel comfortable to do so.
• raising with a member of the People and Culture team.

Review History