Respect at Work Legislation Checklist for Directors

To assist directors in meeting their governance responsibilities regarding the legislative requirement for Australian companies to prevent sexual harassment, we have prepared a Respect at Work Legislation Checklist for Directors below. Please note, this information is general in nature and does not constitute legal advice.

The Respect@Work: Sexual Harassment National Inquiry Report (2020), released by the Australian Human Rights Commission, presents a groundbreaking workplace prevention and response model. This framework is built around seven inter-related domains: leadership, risk assessment and transparency, culture, knowledge (capability), reporting, support, and measurement. The model highlights that sexual harassment is fundamentally driven by gender inequality and power imbalances, necessitating proactive measures from employers to address these root causes.

Key Employer Responsibilities to Prevent Sexual Harassment

To foster safer and more inclusive workplaces, employers are encouraged to focus on the following areas:

• Leadership: Develop strong leadership at all organisational levels to foster a culture where workplace sexual harassment is actively prevented.
• Gender Equality: Integrate equality principles into workplace policies, practices, and decision-making processes to address systemic inequalities.
• Risk Assessment and WHS Integration: Recognise sexual harassment as a work health and safety (WHS) issue by identifying, assessing, and effectively controlling risks.
• Culture of Respect and Safety: Build trust, psychological safety, and respect to create an inclusive workplace environment.
• Capability Building: Enhance workforce capability through comprehensive education and training programs tailored to sexual harassment prevention and response.
• Reporting Mechanisms: Establish multiple reporting channels, address barriers to reporting, and prioritise employee wellbeing throughout the process.
• Measurement and Transparency: Monitor, collect, and report data on the prevalence, nature, and impact of sexual harassment to enable evidence-based improvements.

This proactive and multifaceted approach transcends traditional compliance-based frameworks, focusing on prevention, transparency, and continuous improvement.

The Role of Leadership: Governance and Board Accountability

Strong leadership is the foundation of a respectful workplace culture, with board-level leadership playing a critical role in driving systemic change. Without effective governance, policies and interventions may fail to address underlying issues.

Legal Obligations for Directors

Under the Corporations Act 2001 (Cth), directors must act in good faith and exercise care and diligence. Additionally, WHS laws mandate that directors and officers exercise due diligence to minimise organisational risks, including the risk of sexual harassment. The Australian Institute of Company Directors (AICD) stresses the importance of board leadership in fostering ethical, lawful, and respectful organisational cultures.

For practical guidance, refer to the AICD’s Director’s Guide to Preventing and Responding to Sexual Harassment at Work.

Respect at Work Legislation Checklist for Directors

1. Establish Clear Policies:

   • Implement robust, board-approved policies on sexual harassment that are accessible to all staff.
   • Review these policies regularly as part of the governance calendar.

2. Foster Transparency:

   • Include sexual harassment prevention as a regular agenda item in board meetings.
   • Communicate the board’s expectations regarding harassment prevention to staff.

3. Model Ethical Behaviour:

   • Lead by example to set the organisation’s cultural tone.
   • Regularly review directors’ behaviour and communication styles to ensure alignment with organisational values.

4. Recruit Ethical Leaders:

   • Prioritise gender-balanced leadership and respectful management styles.
   • Incorporate sexual harassment prevention into senior management performance reviews and remuneration discussions.

5. Encourage and Support Reporting:

   • Offer safe, confidential reporting mechanisms that prioritise employee wellbeing.
   • Analyse trends in complaints to identify and address systemic issues.

6. Monitor Metrics and Trends:

   • Use data and staff surveys to assess the prevalence of sexual harassment and its impact on workplace culture.
   • Review findings in board meetings to drive continuous improvement.

7. Integrate WHS Practices:

   • Treat sexual harassment as a core WHS risk and include it in hazard assessments.
   • Consult employees on risk mitigation strategies and minimise risks wherever practicable.

8. Balance Confidentiality and Transparency:

   • Evaluate the use of non-disclosure agreements (NDAs) to ensure ethical practices that do not impede transparency or accountability.

9. Allocate Adequate Resources:

   • Invest in education, training, and support programs to effectively prevent and respond to sexual harassment.

10. Promote Gender Equity:

    • Develop initiatives that foster gender equality, particularly in leadership roles, as part of broader efforts to eliminate sexual harassment.

Additional Resources for Directors and Boards

Directors can expand their understanding of governance responsibilities and sexual harassment prevention through the following resources:

• Respect@Work Website
• AICD’s Director’s Guide to Preventing and Responding to Sexual Harassment
• Governing Organisational Culture – Insights from Australian Directors
• Safe Work Australia: Guide to Preventing Workplace Sexual Harassment

How Culture Plus Consulting Can Support You

Culture Plus Consulting offers expert guidance and tools to help organisations meet their positive duty to prevent workplace sexual harassment. Our services include:

• Comprehensive workplace culture reviews.
• Risk assessments and tailored recommendations.
• Learning and development programs for employees and leaders.
• Governance and policy advice aligned with the latest legal and ethical standards.

Contact us at info@cultureplusconsulting.com to learn how we can assist your organisation in creating a safer, more respectful workplace culture.