The Model Code of Practice on Sexual and Gender-based Harassment is a resource developed by Safe Work Australia (released in December 2023) to help workplaces prevent and respond to this type of harmful behaviour. Here's a summary of its key points:
Scope:
Applies to all workplaces in Australia under Work Health and Safety (WHS) laws.
Addresses both sexual harassment (unwelcome sexual advances, requests, or conduct) and gender-based harassment (unwelcome conduct based on someone's gender, sex, or sexuality).
Recognises these behaviors can create a risk of harm at work, even if they don't meet specific legal definitions.
Key principles:
Primary duty of care: Employers must ensure workers' health and safety, including freedom from harassment.
Elimination or minimisation of risk: Employers must actively identify and control risks of sexual and gender-based harassment.
Consultation and communication: Workers should be involved in developing and implementing policies and procedures.
Reporting and investigation: Clear processes for reporting and investigating incidents should be established.
Confidentiality and support: Respect for privacy and appropriate support for those affected are crucial.
Content:
Provides definitions of key terms and examples of harassing behavior.
Outlines steps for managing the risk of harassment, including:
Risk assessment and control measures.
Policy development and training.
Monitoring and review of existing practices.
Offers guidance on handling complaints and investigations.
Includes resources for further information and support.
Additional notes:
The Code emphasises prevention through a proactive approach.
It aligns with the model Code of Practice on Managing psychosocial hazards at work, recognising the connection between these issues.
While not legally binding, it provides practical guidance for complying with WHS obligations.
Further information can be found here:
Safe Work Australia: https://www.safeworkaustralia.gov.au/doc/model-code-practice-sexual-and-gender-based-harassment
Direct PDF download: https://www.safeworkaustralia.gov.au/sites/default/files/2023-12/model_code_of_practice_-_sexual_and_gender-based_harassment.pdf
Comcare guidelines for workers, managers, and supervisors: https://www.comcare.gov.au/safe-healthy-work/prevent-harm/workplace-sexual-harassment
Australian Human Rights Commission's Sexual Harassment Code of Practice: https://humanrights.gov.au/sites/default/files/content/sex_discrimination/workplace/code_practice/SH_codeofpractice.p
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