By Callum Ludwig
Landmark reforms are underway in Victoria to act upon sexual harassment in the workplace, as part of the recommendations of the Ministerial Taskforce on Workplace Sexual Harassment.
21 of its 26 recommendations have been fully or partially adopted, including work to restrict the use of non-disclosure agreements (NDAs) for workplace sexual harassment cases in Victoria.
Mental Health Social Worker at the Eastern Centre Against Sexual Assault (ECASA) Rebecca O’Donnell said they have always recognised workplace sexual harassment as part of the continuum of sexual assault.
“We recognise that often people who experience sexual harassment within their workplace, often experience the same feelings and symptoms as those who experience sexual assault. This may include: acute distress, feelings of shame, guilt, fear, anger, flashbacks and nightmares,” she said.
“The dynamics of unwanted sexual behaviour involve an abuse of power and the victim often feels uncomfortable, confused, silenced and fearful of potential loss of employment. This may contribute to delayed disclosure.”
According to the Australian Human Rights Commission, one in three people have been sexually harassed at work in the past five years.
Minister for Workplace Safety Ingrid Stitt said a workplace that is not free from sexual harassment is not a safe workplace.
“These reforms will ensure employers understand they have clear occupational health and safety obligations to protect workers from sexual harassment,” she said.
Minister for Women Natalie Hutchins said the Victorian Government are taking further steps towards ensuring all workplaces are safe.
“It has taken the strength of many women who have spoken out, shared their experiences and continued to fight for a better culture to arrive at these recommendations,” she said.
Close consultation with victim-survivors, unions, business and legal professionals will be conducted to develop the appropriate model and scope of the restriction of NDA’s which are often misused to silence victim-survivors,protect employer reputations, avoid full liability and hide serial offending.
Ms O’Donnell said often when victim-survivors contact them, they feel violated in their place of work, which is where people have the right to feel safe.
“Historically, it is often victim/survivors who feel that they have been punished when they speak out about workplace sexual harassment. Non-Disclosure Agreements are also knowns as ‘gag’ orders, meaning that workplaces have victim/survivors sign confidential agreements for their employers,” she said.
“NDA’s have historically had a significant impact on victim/survivors as they have experienced further silencing and have served to protect the offender and reduce the responsibility of workplaces to ensure a safe work environment.”
The recommendation to treat sexual harassment as an occupational health and safety issue has also been accepted, which will allow WorkSafe to build its capacity to tackle sexual harassment by expanding its WorkWell program and dedicating part of it to preventing workplace sexual harassment.
The WorkWell program provides employers with access to resources and funding opportunities to prevent mental injury and promote safe and mentally healthy workplaces with de-identified employer reporting to WorkSafe on workplace sexual harassment also set to be implemented.
“Our recommendations will place Victoria as the leader when it comes to preventing and responding to work-related gendered violence and sexual harassment through greater awareness, accountability and tougher enforcement,” said Taskforce co-chair Liberty Sanger.
“The reforms in response to our recommendations will equip workers, employers and their representatives with the tools to better prevent and respond to workplace sexual harassment,” said Parliamentary Secretary for Workplace Safety and Taskforce co-chair Bronwyn Halfpenny.
The report and the Government’s response can be found at www.vic.gov.au/ministerial-taskforce-workplace-sexual-harassment.
Ms O’Donnell said ECASA welcomes the Victorian Government’s decision.
“Accepting 21 of the Taskforces recommendations recognises the seriousness of sexual harassment within the workplace and the importance of recognising that sexual harassment in the workplace is just as serious Occupational Health and Safety issue as other OH&S obligations,” she said.
“ECASA is looking to further consultation with the Government as they look at implementing these recommendations.”
If anybody has experienced sexual harassment in the workplace and they feel that they would like some counselling or support with this please call ECASA on 9870 7330.
