Workplace sexual harassment

All employees have a responsibility to behave in a way that is respectful, inclusive and ensures the safety and well-being of others.

These expectations are outlined in the:

• Public service Code of Conduct
• Public Sector Act 2022 (chapter 2)
• Code of practice (managing the risk of psychosocial hazards of work)
• Preventing and responding to sexual harassment in the workplace (Directive 12/23).

Under the Code of Practice (PDF, 1.5 MB) all employees are obliged to intervene or report behaviour they suspect may cause offence, distress or harm to others, where it is safe to do so.

All Queensland public sector workplaces must:

• support all employees to prevent, intervene early and respond to offensive behaviour
• acknowledge the significant impact of sexual harassment on employees who experience or witness it
• commit to a person-centred approach when addressing allegations of sexual harassment
• commit to ensuring leaders and managers will listen to, respect, empower and support employees who report allegations of sexual harassment and act to resolve concerns.

If you are sexually harassed at work, remember it is not your fault. You can consider several options—either on your own or with help from others.

You can:

• speak directly with the person responsible for the behaviour and ask them to stop, if you feel safe to do so
• ask for help from your manager, HR or trusted colleague
• get help from a counselling service or helpline
• get help form your organisations Employee Assistance Service
• make a formal complaint using your organisation’s internal complaint process—this will be available on your intranet or by contacting HR team
• get help from an independent organisation.

Support from your manager

Managers have specific responsibilities for how they respond to workplace sexual harassment.

If you ask your manager for help, see the section below to understand how they can support you and the steps that may be taken.

Support from an independent organisation

There are several independent organisations that can support you.

You can:

• lodge a complaint online with the Queensland Human Rights Commission or call 1300 130 670 (must be within 12-months of the sexual harassment)
• apply to the Queensland Industrial Relations Commission for an order to stop bullying (PDF, 118 KB), general protections, or unfair dismissal.
• lodge a worker’s compensation with WorkCover (if the workplace sexual harassment has caused injury or illness)
• report sexual assault to Queensland Police.

Managers have specific responsibilities in how they respond to workplace sexual harassment.

Managers must:

• promote a safe, respectful and inclusive workplace free from sexual harassment
• inform employees about behaviours that enable or condone sexual harassment
• identify and address inappropriate behaviours and advocate for zero tolerance of sexism
• monitor their workplace to ensure acceptable standards of conduct.

When an employee reports workplace sexual harassment, managers must:

• treat alleged sexual harassment seriously and take immediate, appropriate and proportionate action when responding by considering:
  • the severity of the reported behaviour
  • the wishes of the person who reported the alleged behaviour
  • how to demonstrate respect and support for employees who report alleged sexual harassment
• ensure employees who report alleged sexual harassment, lodge grievances or witness sexual harassment are not victimised or discriminated against
• advise employees who report alleged sexual harassment of their rights and obligations
• seek advice and support for managing complex or severe matters from HR.

Use the following prompts to guide your response and support an employee who has reported sexual harassment:

• be open and objective—use active listening techniques. Be aware some people can be re-traumatised if they tell their story multiple times to different people. Be clear about who else may need to know and check if they are ok for you to talk about their information on their behalf
• be supportive—acknowledge the issue and that reporting is the right thing to do. Reiterate that the organisation takes allegations of sexual harassment seriously and has legal responsibilities and obligations to prevent and respond to workplace sexual harassment
• ensure confidentiality—assure the employee that what they have raised is confidential and will be given priority
• document the complaint—make a confidential record of the complaint and ensure the report is considered fairly
• explain reporting, resolution options, confidentiality and timeframes—explain any limits on confidentiality and any obligations on managers to report or escalate the complaint
• explain the range of disciplinary outcomes that could result if their claim is substantiated
• explain policies or legislation that supports employees—provide links or copies of the organisation’s policy on preventing and responding to workplace sexual harassment, the directive and the code of conduct for the public service
• explain support services through the organisation’s employee assistance service, or other specialist services such as an independent psychologist
• provide support options—let the employee know they are entitled to have a support person with them, or have a union representative present throughout the response process and how to put a support person in place
• ask the employee what they would like to happen next from a process and wellbeing perspective (e.g. taking time off or other options)
• action and follow up on commitments—prioritise the safety and wellbeing of the employee throughout the process, make sure they are safe to travel home following the report and regularly check in with them to make sure they are ok.

If you witness sexual harassment in your workplace, you can:

• speak directly with the person responsible for the behaviour and ask them to stop (if you feel safe to do so)
• speak with your manager or HR team
• make a formal complaint using your organisation’s preventing and responding to workplace sexual harassment policy—this will be available on your intranet or by contacting HR team.

As a co-worker or teammate, you may be the first person someone talks to about their experience of workplace sexual harassment.

You can:

• be calm and listen—don’t jump to solutions or offer an opinion. Let them know talking about what happened is the right thing to do. Thank them for sharing their experience with you
• check their immediate safety and wellbeing—if you have any concerns about their safety, be clear you will ask for help from your manager and assure them you won’t share anything personal without permission
• ask what they need—it might be to go with them to speak to your manager or HR, or just continuing the conversation and helping them address the impact of the harassment on their wellbeing or work. Offer resources, support, and assistance when and if you are able
• be honest and kind—you can tell them if you can’t support them. It’s important to be honest and thoughtful in how you respond
• look after yourself—acknowledge any personal trauma this may bring up for you.

Review the relevant legislation:

• Anti-Discrimination Act 1991
• Work Health and Safety Act 2011
• Industrial Relations Act 2016

For more information, visit WorkSafe Queensland.