The Australian Human Rights Commission (the human rights commission) has issued a new code of practice on sexual harassment in the workplace—Effectively preventing and responding to sexual harassment: A Code of Practice for Employers 2008 edition (the code of practice).

How does a code of practice affect me?

The code of practice isn’t legally binding, but it does incorporate the basic requirements in law, both statutory and case based, as well as accepted practice in the area. Employers who follow the code of practice will reduce their risk of liability for unlawful sexual harassment.

Why is the human rights commission publishing a code of practice?

The human rights commission has the power to prepare and publish guidelines for the avoidance of discrimination on the ground of sex, marital status, pregnancy or potential pregnancy, and discrimination involving sexual harassment. The code of practice falls under this category and is issued under federal sex discrimination law.

This code of practice only provides guidelines for avoiding sexual harassment in the workplace. Members should check with us for assistance if an employee makes an allegation.

What does this code of practice deal with?

The code of practice deals with sexual harassment in the workplace. It applies to most people in the following workplaces:

• the private sector (including small business)
• unions
• non-government community organisations
• voluntary bodies
• clubs
• federal government agencies
• federal government business enterprises
• educational institutions not under the control of state government.

Although this code of practice is a guide to the federal sex discrimination laws, state and territory anti-discrimination laws also prohibit sexual harassment. Employers generally must comply with both the federal law and their state or territory law.

What simple steps can I take to prevent sexual harassment in the workplace?

The code of practice lists five simple steps to prevent sexual harassment in the workplace:

1. Get high-level management support
2. Write and implement a sexual harassment policy
3. Provide regular training and information on sexual harassment to all staff and management
4. Encourage appropriate conduct by managers
5. Create a positive workplace environment

A key aspect of prevention is the development and promotion of a written policy which makes it clear that sexual harassment will not be tolerated under any circumstances.

Does the code of practice apply to small business?

There is no exemption in the Sex Discrimination Act for small business however, large corporations are expected to do more than small businesses in order to be held to have acted reasonably.

What about very small business?

The case law suggests that even very small businesses should have a simple written sexual harassment policy.

What should I do next?

Read more about discrimination, harassment and your legal responsibilities on our website.

Contact the AFEI Hotline on 02 9264 2000 for:

• more information on the code of practice
• help writing a policy
• help with a complaint.

Enrol in an information session on the legal obligations of employers.