Women In Education: Education Quarterly, Issue 10 2024
The Department has published its new workplace sexual harassment prevention and response policy and intranet resources.
Last year, the NSW Public Service Commissioner issued a directive requiring all NSW Government Sector agencies to implement a sexual harassment prevention policy by 1 March 2024.
The Public Service Commission developed a model policy in response to the recommendations made in the Australian Human Rights Commission National Inquiry into Sexual Harassment in the Workplace report, Respect@Work; Commonwealth and NSW reviews into parliamentary sexual harassment and misconduct; legislative changes; and the People Matter Employee Survey results.
Federation participated in the consultation process and insisted that the Department must act in the following situations, to ensure a safe workplace:
- the behaviour constitutes a serious work health and safety risk
- there are mandatory reporting requirements
- there is repeated behaviour from an individual or a criminal offence.
The union also insisted there should be procedures to recognise that sexual harassment prevention includes addressing unwelcome or unlawful behaviour, including when the behaviour comes from students or community members.
The policy states: “Schools must teach child protection education in every stage of learning from kindergarten to year 10, as part of the NSW Education Standards Authority Personal Development, Health and Physical Education K–10 Syllabus. Senior students in NSW public schools extend their learning about respectful relationships, protective strategies, power, abuse and violence as part of the mandatory 25-hour Life Ready course.”
Principals must treat all reports seriously and use the Professional and Ethical Standards reporter guide on all complaints of sexual harassment relating to employees (it provides guidance on both formal and informal resolutions). This requires that ‘direct management action’ must be proportionate and appropriate to address the behaviour.
The guiding principles for the policy include:
- providing strong and consistent leadership
- understanding sexual harassment is a work health and safety issue
- using prevention and early intervention
- respecting victim-survivors and being responsive to diverse needs
- ensuring procedural fairness including the ‘reasonable person’ test.
Federation stipulated that leaders should receive traumainformed training and support, in addition to ensuring there is appropriate support for those reporting sexual harassment and assault. The union will continue to work with the Department to develop resources and processes to address sexual harassment and gendered violence in the workplace and pursue broader societal change.