Sexual Harassment Policy (Positive Duty) Template

1. Policy Overview

1.1 Purpose [Company Name] is committed to providing a safe, respectful, and inclusive workplace. We have a zero-tolerance approach to sexual harassment. This policy outlines our approach to eliminating sexual harassment and meeting our Positive Duty under the Sex Discrimination Act 1984 (Cth).

1.2 Scope This policy applies to everyone at [Company Name]. This includes all employees, contractors, labour hire workers, volunteers, and management. It applies to interactions with clients, customers, and suppliers. It applies at work, at work-related events, and in work-related communications.

2. What is Sexual Harassment?

2.1 Definition Sexual harassment is any unwanted or unwelcome sexual behaviour. It is behaviour that makes a person feel offended, humiliated, or intimidated. It does not matter if the person intended to offend. What matters is how the behaviour makes the recipient feel.

2.2 Examples Sexual harassment can include, but is not limited to:

• Unwelcome touching or physical contact
• Sexually suggestive comments or jokes
• Staring or leering
• Intrusive questions about someone's private life
• Displaying sexually explicit images or posters
• Sending sexually explicit emails or messages
• Inappropriate invitations for dates
• Insults based on sex or gender

3. Our Legal Duties

3.1 Positive Duty [Company Name] understands we have a Positive Duty to eliminate sexual harassment as far as possible. We will take reasonable and proportionate measures to prevent this behaviour. We will not wait for a complaint to act.

3.2 Responsibilities

• Management must: Lead by example, respond to reports immediately, and ensure a safe workplace.
• Workers must: Treat everyone with respect, follow this policy, and report any issues they see or experience.

4. Reporting and Complaints

4.1 How to make a complaint If you experience or see sexual harassment, you should report it. You can report it to your direct supervisor or to [Alternative Contact Person]. If you do not feel comfortable reporting internally, you can contact an external body like the Australian Human Rights Commission.

4.2 Support Person You have the right to bring a support person with you to any meeting about a complaint.

4.3 Confidentiality We will handle all complaints confidentially. We will only share information with people who need to know to investigate the matter.

5. Investigation and Outcomes

5.1 Investigation We will investigate all complaints promptly and fairly. We will listen to both sides. We will not judge anyone for making a report.

5.2 Outcomes If we find that sexual harassment occurred, we will take action. This may include disciplinary action, termination of employment, or legal action. We will also take steps to support the person affected and to prevent it happening again.

6. Victimisation

We strictly forbid victimisation. Victimisation is treating someone badly because they made a complaint or helped someone else make a complaint. Anyone who victimises another person will face serious disciplinary action.

7. Review

We will review this policy every [Number] months or sooner if the law changes. We will talk to our workers to make sure this policy works for everyone.

Approved by: [Name] Date: [Date]