New code of practice makes workplaces safer for everyone

The Albanese Government has approved a code of practice on sexual and gender-based harassment as it continues to act against gender-based violence and promotes safer workplaces for all.

The Commonwealth Code of Practice on Sexual and Gender-based Harassment provides practical guidance to employers about how to protect workers against workplace sexual harassment.

The Code recognises that:

• Women, young workers, those from culturally and linguistically diverse (CALD) backgrounds, Aboriginal and Torres Strait Islander workers, LGBTQIA+ workers and workers with disability 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 gives effect to the model code of practice developed by Safe Work Australia on sexual and gender-based harassment endorsed by all states and territories.

Minister for Employment and Workplace Relations Murray Watt said it is important to make health and safety a permanent part of work safety culture.

“Safer workplaces are better workplaces,” Minister Watt said.

“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.

“It’s crucial that workplaces develop safe working procedures. By helping duty holders to make workplaces safer, the code will help prevent more Australians from experiencing sexual and gender-based harassment.”

The Code supports implementation of recommendation 35 of the Australian Human Rights Commission’s Respect@Work: Sexual Harassment National Inquiry Report (2020). This recommended that work health and safety ministers (WHS) agree to amend model WHS laws to deal with psychological health and develop guidelines and a code of practice on sexual harassment.

The Code also complements the positive duty under the Sex Discrimination Act 1984. This requires employers and persons conducting a business or undertaking (PCBUs) to take reasonable and proportionate measures to eliminate certain forms of unlawful sex discrimination, including sexual harassment, as far as possible.

Codes of practice are admissible in court proceedings under WHS laws and courts may rely on the code in determining what is reasonably practicable in the circumstances.

The Code will be implemented in conjunction with the Code of Practice on managing psychosocial hazards at work. Sexual and gender-based harassment often occurs in conjunction with other psychosocial hazards.