Building Safer Workplaces: Addressing Sexual Harassment and Assault
Why This Issue Matters
Sexual harassment and sexual assault remain some of the most harmful risks in Australian workplaces. They are not only legal issues but also matters of culture, health, and equity. The Respect@Work reforms now place a positive duty on all employers to eliminate harassment and related conduct as far as reasonably practicable. That means no more waiting until after the fact—organisations must actively prevent, identify, and address risks.
At the societal level, this is also a gender equity issue. Harassment disproportionately impacts women, LGBTQ workers, and culturally diverse staff, reinforcing inequality. Tackling it requires a whole-of-community effort: government setting standards, employers building safe cultures, and services such as Working Women’s Centres (WWCs) supporting workers to access advice, advocacy, and justice.
Ultimately, this work is about dignity. Every workplace has the chance to model respect, dismantle cultures of silence, and create environments where people are safe, valued, and able to thrive. Leaders set the tone, but it is through shared values and collective responsibility that lasting change takes hold.
What Counts as Sexual Harassment?
Under the Sex Discrimination Act 1984 (Cth), sexual harassment includes unwelcome sexual advances, requests for sexual favours, or conduct of a sexual nature that a reasonable person would expect to cause offence, intimidation, or humiliation. Most States have their own definition associated with their Human Rights legislative frameworks.
Examples include:
Sexual jokes or comments about appearance.
Unwanted physical contact.
Persistent requests for attention after refusal.
Displaying or sharing sexualised content in the workplace.
Contemporary digital forms - such as sending sexualised texts, memes, or images via workplace platforms.
The Role of Culture and Leadership
Sexual Harassment isn’t just about “bad behaviour”, it’s often about power and control. In some cases, perpetrators use hierarchies or mentoring roles to create dependence. Others engage in grooming dynamics, escalating from small boundary-crossing behaviours to serious misconduct.
What makes the difference is culture. In workplaces where silence is rewarded and bystanders look away, misconduct thrives. In workplaces where leaders model respect, ask questions, and call out micro-breaches, staff feel safe to speak up. As the Respect@Work Inquiry (2020) found, leadership is as critical to prevention as compliance systems.
Legal and Financial Risks
Australian tribunals and courts are clear: sexual harassment has serious consequences. In Richardson v Oracle (2014), damages for psychological harm were lifted to $130,000, setting a new benchmark. Many workers also achieve significant settlements in conciliation, without matters going to trial.
Employers can no longer rely on confidentiality clauses (“gag orders”) or indemnities to contain reputational damage. The Respect@Work Inquiry cautioned that such clauses may perpetuate unsafe cultures and undermine health and safety duties. Regulators are signalling that transparency, not secrecy, is the way forward.
The lesson? Investing in prevention costs far less than litigation, turnover, or reputational loss.
A Risk Management Approach: Managing Sexual Harassment Risks: Culture, Leadership & Compliance
The NSW Code of Practice on Sexual and Gender-Based Harassment makes it clear: sexual harassment is a WHS hazard. Employers must explicitly name it in policy, alongside related risks like discrimination, inappropriate conduct, and hostile cultures. Policies should also clarify bystander duties and leader accountabilities, reducing ambiguity and supporting early recognition (SafeWork NSW).
A strong framework includes:
Identify hazards: name sexual harassment and cultural risks clearly in policy.
Set expectations: publish a Team Charter or Code of Conduct to make respect non-negotiable.
Equip leaders: train in micro-skills for early resolution and trauma-informed investigations.
Monitor & review: track leading indicators (civility, role clarity) and lagging indicators (complaints, turnover).
SafeWork NSW emphasises that leadership and culture are decisive in prevention. Leaders who set the tone by modelling respect and naming issues early, strengthen trust and reduce harm.
Support and External Pathways
Workers must have access to both internal and external complaint mechanisms. Internally, organisations should offer multiple safe channels to report concerns, beyond just the direct manager. Externally, workers should know they can approach:
The Fair Work Commission for Stop Sexual Harassment Orders.
The Australian Human Rights Commission or state anti-discrimination bodies.
Working Women’s Centres, which provide free and independent advice in several states.
Importantly, wellbeing support (like counselling or adjustments) should be kept separate from investigation processes, so workers feel safe to access help without fearing it will affect the outcome of their complaint.
Why Prevention is the Future
Workplace sexual harassment and assault cause profound harm: psychological injury, career derailment, loss of trust, and long-term trauma. They also corrode organisational culture, productivity, and reputation.
The future of prevention is clear:
Employers must treat harassment as a safety hazard, not just a compliance risk.
Leaders must create cultures where power is not abused, and silence is not the norm.
Society must keep resourcing systemic reform and frontline support services, ensuring no worker faces harassment alone.
With Respect@Work reforms now law, prevention isn’t optional -it’s a duty.