New code to ensure Commonwealth workers 'are not exposed to risks to their psychological or physical health and safety'
The Australian government has approved a new code of practice that will guide Commonwealth employers on how to protect their staff against workplace sexual harassment.
The new Code of Practice on Sexual and Gender-based Harassment enforces the model code of practice developed by Safe Work Australia that was endorsed by all states and territories.
"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," said Employment and Workplace Relations Minister Murray Watt in a statement.
"By helping duty holders to make workplaces safer, the code will help prevent more Australians from experiencing sexual and gender-based harassment."
The new code will also complement the positive duty of employers under the Sex Discrimination Act 1984, which mandates employers to take proactive measures to eliminate unlawful sex discrimination, including sexual harassment, as far as possible.
According to the government, the new code of practice recognises the following:
Women, young workers, those from culturally and linguistically diverse backgrounds, Aboriginal and Torres Strait Islander workers, LGBTQIA+ workers, and workers with disabilities 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 which tolerates or accepts workplace sexual and gender-based harassment can contribute to the prevalence of such harassment.
The code of practice is admissible under the Work Health and Safety Laws, the government noted, stressing that courts may rely on it in determining what is "reasonably practicable" in various situations.
The government also said the new code will be implemented in conjunction with the Code of Practice on managing psychosocial hazards at work, as sexual and gender-based harassment often occurs in conjunction with other psychosocial hazards.
The introduction of the code of practice fulfils the recommendation 35 of the landmark Respect@Work report, which sought the development of guidelines and a code of practice on sexual harassment.
