Respect at Work
If you or someone else is in immediate danger, or in an emergency situation, call the Police on 000 (triple zero).
If there is no immediate danger but you or someone else needs the police, call the 24/7 Police assistance line on 131 444.
What is Sexual Harassment at Work?
In simple terms, sexual harassment means any unwelcome sexual behaviour that a reasonable person could anticipate may make another person feel offended, humiliated or intimidated in that situation. If sexual harassment occurs at, or in connection with, work then it is against the law.
Sexual harassment is against the law if it happens between individuals who have a particular workplace relationship, or during work, or in connection with work.
“If something doesn’t feel right, it probably isn’t.” It is everyone’s right to feel safe and respected at UNE whether you are working, studying, socialising or living. Creating a safe environment free of sexual harassment is everyone’s responsibility.
The Sexual Harassment National Inquiry Report (2020) recommended the adoption of a new framework to more effectively prevent, and respond to, workplace sexual harassment. The framework encompasses a more holistic approach that looks beyond policies, training and complaint-handling procedures. Sexual harassment is primarily driven by gender inequality and power imbalance and the framework looks at all the steps that can be taken within workplaces to better prevent and respond to it. It more effectively meets an employer’s positive obligation to provide a safe, harassment-free workplace.
In Australian workplaces, the main power imbalance is gender inequality. This explains why women are more likely to be sexually harassed than men.
The Australian Human Rights Commission survey conducted in 2018 (the most recent) found that in the previous five years:
- 40% of women (compared to 25% of men)
- 45% of workers aged 18-29 reported being sexually harassed
- 55% of Aboriginal and Torres Strait Islander women and 50% of men
- 44% of people with disability
- 52% of people who identify as gay, lesbian, bisexual, pansexual, queer, asexual, aromantic, undecided, not sure, questioning or other
- 77% of people with an intersex variation had been sexually harassed in the workplace.
For more information about the Australian Human Rights Commission work regarding sexual harassment in the workplace go to Respect@Work.
As of 6 March 2023, the law prohibits (does not allow) sexual harassment in connection with work. The Sex Discrimination Act imposes a duty on a person conducting a business or undertaking (such as an employer like the University) to take reasonably practicable measures to eliminate unlawful sex discrimination including sexual harassment. It also prohibits conduct that subjects another person to a workplace environment that is hostile on the ground of sex. Workplace relationships Regardless of whether it happens in the workplace, or elsewhere, it is against the law for an employer to sexually harass a worker, or anyone seeking to become a worker; a worker to sexually harass another worker or anyone seeking to become a worker. Another worker could be a manager. It could also be a worker who is more senior, less senior, or at the same level as you. A ‘worker’ at UNE includes a university employee (casual, fixed term and permanent), student, contractor, agent, appointee, volunteer, UNE Council member, adjunct, visiting academic and any other person engaged by the University to undertake some activity for or on behalf of the University. It includes corporations and other bodies falling into one or more of these categories. In connection with the workplace There are also people other than workers and employers in the workplace (for example, clients, customers and contractors). The law protects you from workplace sexual harassment by these people as well. A workplace includes any place where work is done and includes any place where a worker goes, or is likely to be, while working. This includes: If you are sexually harassed while you are at any of these places in connection with your work, it can still be against the law. The positive duty is a legal obligation introduced into The Sex Discrimination Act 1984 (Cth) in December 2022. It applies to ‘persons conducting a business or undertaking’ and 'employers'. These duty holders are referred to as ‘organisations and businesses’. Positive duty is focused on being proactive and eliminating relevant unlawful behaviours in the context of work, workplaces and working relationships. It is about being proactive and eliminating relevant unlawful behaviour connected to work or workplaces before it happens, rather than responding once the harm has already occurred. Previously, it was left to workers to report relevant unlawful behaviours. The positive duty takes this burden away from workers by requiring organisations and businesses to take proactive action, regardless of whether a report is made. Simply responding to reports of relevant unlawful behaviours is not enough to satisfy the positive duty. The positive duty requires organisations and businesses to take 'reasonable and proportionate measures' (referred to as 'reasonable steps') to eliminate, as far as possible, relevant unlawful conduct/behaviour such as: At UNE there is no wrong way to notify the University if you have witnessed or experienced sexual harassment at work or study. If you’ve witnessed or experienced sexual harassment at work or study the university can guide you in finding the right support and reporting options. UNE offers options for reporting your experience to the University or externally and prioritises your safety, choices and empowerment, and acknowledges the profound impact of trauma in response to harmful behaviour. UNE understands that you may not want to make a report or complaint about the incident and may only wish to seek information and get help to access support. UNE fully supports the rights of the person to decide what information they provide, including whether to make a disclosure anonymously. If you’ve witnessed or experienced sexual harassment at work or study the university can guide you in finding the right support and reporting options. You can do the following:
