New code practice to help prevent workplace sexual harassment

In a push to prevent workplace sexual harassment, the Albanese government has approved a code of practice to provide employers with guidance on how they can better protect their employees.

“Safer workplaces are better workplaces,” said Minister for Employment and Workplace Relations Murray Watt, speaking on the recently approved Commonwealth Code of Practice on Sexual and Gender-based Harassment.

In a statement released by the Albanese government, the code, which was developed by Safe Work Australia, recognises:

• Women, young workers, those from culturally and linguistically diverse (CALD) backgrounds, Aboriginal and Torres Strait Islander workers, LGBTI workers, and workers with disability are more likely to experience workplace sexual harassment.

• The likelihood of harassment increases in workplaces where there are power imbalances along gendered lines.

• Workplaces with low worker diversity (i.e. dominated by one gender) and a culture that tolerates or accepts workplace sexual and gender-based harassment can contribute to the prevalence of such harassment.

“A code of practice assists duty holders, such as employers, to ensure workers and others are not exposed to risks to their psychological or physical health and safety,” Minister Watt said.

“It’s crucial that workplaces develop safe working procedures. By helping duty holders to make workplaces safer, the code will help prevent more Australians from experiencing sexual and gender-based harassment.”

The code intertwines with the “positive duty” listed under the Sex Discrimination Act 1984 – which requires businesses to take both reasonable and proportionate measures to eliminate “certain forms of unlawful sex discrimination, including sexual harassment, as far as possible”.

The code is set to be implemented in conjunction with the code of practice on managing psychosocial hazards in the workplace – as the government stated that sexual and gender-based harassment often occurs in conjunction with other psychosocial hazards.

As previously reported by HR Leader, data from Allianz found that the number of psychological workers’ compensation claims over the last half decade has nearly doubled with a 47.5 per cent increase.

This data showed that businesses are reportedly losing over 655,000 working days due to issues such as burnout, work pressure, bullying and harassment.

According to Julie Mitchell, chief general manager, personal injury, at Allianz Australia, psychosocial hazards are a major contributor to these increased workers’ compensation claims.

“Remember, not all injuries in the workplace are physical. Workplace policies and practices must also protect against mental injury by managing psychosocial risks and prioritising employee wellbeing and mental health support,” Mitchell said.

“As managers look to the year ahead, now is a critical time to reset and invest in effective mental health support and psychosocial safety measures to reflect shifting workplace dynamics that determine employee wellbeing and job satisfaction.”

Kace O'Neill

Kace O'Neill is a Graduate Journalist for HR Leader. Kace studied Media Communications and Maori studies at the University of Otago, he has a passion for sports and storytelling.