Audience
Department-wide
Purpose
This procedure outlines the responsibilities and process to prevent, report and respond to sexual harassment and related conduct at work.
Overview
All workers have responsibilities to prevent, report and respond to sexual harassment and related conduct at work. A worker may choose the pathway to report alleged sexual harassment and related conduct and provide input into how they would like the matter resolved. The Director-General, delegates and managers must take appropriate action to address the matter and ensure the workplace is safe. This procedure should be read in conjunction with the process outlined in the relevant pathway.
This procedure supports the department’s Preventing and responding to sexual harassment and related conduct at work policy (the policy) and requirements under the Public Sector Commission Directive 02/25: Preventing and responding to sexual harassment and related conduct at work (the directive).
Responsibilities
Workers
- treat each other with respect and dignity at work
- understand the behaviours that constitute sexual harassment and related conduct
- comply with the policy and this procedure, including the minimum standards of behaviour outlined in:
Employees
- in addition to the responsibilities above, also have responsibilities to:
- undertake leadership or employee training (unless an exemption applies)
- comply with Chapter 2, Equity, diversity, respect and inclusion, of the
Public Sector Act 2022 (Qld) (PS Act)
- act and make decisions in a way that is compatible with human rights and consider human rights when making a decision, in accordance with the
Human Rights Act 2019 (Qld) (HR Act).
Director-General, delegates and managers
- in addition to all the responsibilities above, have further responsibilities when applying and making decisions under the PS Act, the directive, this policy and the procedure:
- ensuring a worker who experiences, witnesses or reports sexual harassment and related conduct is safe and does not experience victimisation, reprisal action or adverse action as a consequence of making a report
- providing person-centred support and advice
- taking appropriate action to ensure reported conduct is addressed
- considering individual employee grievances regarding an allegation of sexual harassment and related conduct
- taking action that is consistent and proportionate for allegations that are substantiated.
Process
1. Reporting sexual harassment and related conduct at work
Workers who experience or witness sexual harassment and related conduct at work may choose an appropriate internal or external pathway to address, or report, their concerns.
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Type of worker
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Internal pathways
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External pathways
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All workers
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- addressing the behaviour through self-management and keeping a record of the relevant details
- seeking the support of their manager, or another appropriate person within their line management, to address the behaviour through local action
- reporting a hazard via MyHR Workplace Health and Safety (DoE employees only), or via a health and safety representative or manager
- reporting suspected misconduct, corrupt conduct or a public interest disclosure to the department (DoE employees only).
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Additional pathways for employees only
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Workers must report concerns of harm, or risk of harm, to a student or child in accordance with the process outlined in the student protection procedure.
Other persons connected to work should report concerns via the customer complaints management framework or, for allegations of student harm, the student protection procedure.
2. Responding to reports of sexual harassment or related conduct at work
Workers who report experiencing and/or witnessing sexual harassment and related conduct, may access information and support from:
The Director-General, delegate or manager, will:
- take appropriate action to ensure the workplace is safe
- offer support options and access to support that is guided by the principles of trauma-informed and gender informed support, fit for purpose, operationally sustainable and maintains a respectful and inclusive workplace
- promote cultural safety when responding to sexual harassment and related conduct at work which involves Aboriginal peoples and Torres Strait Islander peoples by:
- ensuring that a person involved in the response or management of a concern has cultural learning experience and access to appropriate cultural resources
- enquiring with Aboriginal people and Torres Strait Islander people to better understand cultural considerations for people involved with a concern, complaint or grievance
- ensuring culturally appropriate support and communication during the process
- considering any elements of conscious and unconscious bias that may impact reporting, including the use of mitigation strategies
- considering cultural rights under section 28 of the HR Act.
- provide relevant information by:
- consider the preferences provided by the worker who experienced and/or witnessed the alleged conduct, when determining how to proceed. However, the worker's preferences may not solely determine the response or the outcome. Where the views of the worker are unable to be met, the reasons will be explained
- appropriately consult workers who experience and/or witness the alleged conduct about their workplace options and do not relocate them from their usual workplace, unless the worker requests to be relocated, or, after all other options have been explored, relocation is the only acceptable means of ensuring the safety of the worker
- where an employee advises they are represented by a union, include the union in correspondence about the management of the matter
- treat the worker who is the subject of the allegation/s with respect, support them in the workplace (where practicable), provide access to advice on their rights, support options and union representation, as well as procedural fairness throughout any process, for example a management enquiry or formal investigation
- consider human rights and document the assessment of whether the action taken in response to allegations of sexual harassment and related conduct engages or limits any human rights by examining the following questions:
- Are any human rights engaged or impacted by the action?
- If so, will the action limit those human rights?
- If so, is the limitation lawful, justified and reasonable in the circumstances?
- save the assessment of human rights considerations (DoE employees only) in the department's records management system.
The Director-General, delegate or manager, in dealing with the outcome of sexual harassment and related conduct reports, will, where allegations of sexual harassment and related conduct are substantiated, take action that is consistent and proportionate.
Possible outcomes include, but are not limited to:
- an apology
- agreement on protocols to manage the relationship/s in the future
- a change to working hours, locations or duties
- refresher sexual harassment and related conduct awareness and prevention training
- coaching or performance counselling
- disciplinary action (e.g. reprimand, reduction in classification level or dismissal).
The Director-General, delegate or manager:
- must provide advice on the outcome of the management action taken or discipline process arising from the complaint or grievance, if requested by the employee. The employee must keep this information confidential, unless disclosure is required by law. However, the employee may disclose the information to an immediate family member, support person, union representative or confidential counsellor, provided that any such person agrees to keep the information confidential
- determine whether to approve, or otherwise, an employee's request for an exemption from related leadership and/or employee training where it may genuinely negatively impact the employee's wellbeing.
Definitions
The terms in this procedure have the meaning set out in the PS Act, directive and relevant legislation.
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Term
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Definition
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Delegate
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As provided in the
Human resources delegation manual
(DoE employees only).
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Employee
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A person employed by the department, including permanent, temporary and casual employees, officers and the chief executive. For the full definition see section 12 of the PS Act.
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Gender-informed
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In the context of sexual harassment and related conduct, a gender-informed approach recognises that sexual harassment and trauma are shaped by gender stereotypes and inequities including gender related factors such as roles, relationships, attitudes, power imbalances and identities, and that systems and support need to be inclusive and tailored to individual needs.
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Person-centred
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Involves the individual being at the centre of decision-making and having control, as much as possible, over the actions/services they receive.
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Related conduct
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Is the collective term for harassment on the basis of sex, conduct creating a work environment that is hostile on the basis of sex, and related acts of victimisation (including victimisation related to sexual harassment) in the Queensland public sector.
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Self-management
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The term used to describe action by a worker who has experienced or witnessed sexual harassment or related conduct at work. The worker may take steps to deal with the behaviour themselves, if they feel safe to do so. This may include talking directly to the other person, drawing attention to the specific behaviour, and asking the person to stop.
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Sexual harassment
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Happens if a person:
- (a) subjects another person to an unsolicited act of physical intimacy.
For example: physical contact such as patting, pinching or touching in a sexual way, or unnecessary familiarity such as deliberately brushing against a person
- (b) makes an unsolicited demand or request (whether directly or by implication) for sexual favours from the other person.
For example: sexual propositions
- (c) makes a remark with sexual connotations relating to the other person.
For example: unwelcome and uncalled for remarks or insinuations about a person’s sex or private life, or suggestive comments about a person’s appearance or body
- (d) engages in any other unwelcome conduct of a sexual nature in relation to the other person.
For example: offensive telephone calls, or indecent exposure
- (e) and the person engaging in the conduct described in paragraphs above does so:
- (i) with the intention of offending, humiliating, or intimidating the other person, or
- (ii) in circumstances where a reasonable person would have anticipated the possibility that the other person would be offended, humiliated, or intimidated by the conduct.
The circumstances that are relevant in determining whether a reasonable person would have anticipated the possibility that the other person would be offended, humiliated or intimidated by the conduct include:
- (a) the sex, age or race of the other person; and
- (b) the age of the other person; and
- (c) the race of the other person; and
- (d) any impairment that the other person has; and
- (e) the relationship between the other person and the person engaging in the conduct; and
- (f) any other circumstance of the other person.
Sexual harassment and related conduct can be directed at a person or group of people and be carried out by one or more persons.
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Trauma-informed
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Recognises and acknowledges the impact of distress experienced by an employee and focuses on an understanding of the elements necessary to support the employee’s recovery.
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Worker
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A person who carries out work in any capacity for a person conducting a business or undertaking, including work as:
- (a) an employee; or
- (b) a contractor or subcontractor; or
- (c) an employee of a contractor or subcontractor; or
- (d) an employee of a labour hire company who has been assigned to work in the person’s business or undertaking; or
- (e) an outworker; or
- (f) an apprentice or trainee; or
- (g) a student gaining work experience; or
- (h) a volunteer; or
- (i) a person of a prescribed class.
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Legislation
Delegations/Authorisations
Other resources
-
OnePortal Harassment (DoE employees only)
- External support may be available through:
- 1800Respect
- 13 YARN – 13 92 76 (for Aboriginal workers and Torres Strait Islander workers)
- Lifeline – 13 11 14
- QLife – 1800 184 527 (anonymous and free LGBTIQ+ peer support)
Superseded versions
Previous seven years shown. Minor version updates not included.
1.0 Preventing and responding to workplace sexual harassment procedure