Is Your Sexual Harassment Policy Adequate? Lessons From Recent Court Decision for Leaders

Court decision reveals critical gaps still exist in sexual harassment policy.

Discover what leaders must implement to protect employees.

Recently, a Victorian-based video production company was fined $40,000 in penalties for lacking policies and procedures around managing and responding to sexual harassment risks in the workplace. In 2022, an employee from this organisation reported to WorkSafe Victoria, alleging that the sole director of the business had sexually harassed her. Upon investigating, WorkSafe Victoria found that the employer had failed to:

• Provide a written policy and procedure that described sexual harassment and stated appropriate action to protect employees against it;
• Present clear and confidential reporting mechanisms for sexual harassment, including an avenue for employees to report to someone other than their direct manager;
• Train managers in upholding and applying the policy, including modelling appropriate behaviours; and
• Induct and train employees on respect and appropriate workplace standards.

What does this mean for you as an Australian employer?

The positive duty obligations have made it clear: proactive action on sexual harassment is no longer optional, but urgent. Yet, as our CEO – Workplace Advisory and Compliance, Kirsten Hartmann, notes, progress has been slow-paced across Australian businesses. She emphasises that positive duty obligations are not a one-time achievement. They require ongoing attention and care.

This case sends a clear message: employers must dedicate focused time and resources to move the needle on employee protection, manage harmful behaviours, and ensure workplace culture is safe and respectful for everyone.

Sexual Harassment Policy and Practices Must Be Accessible and Confidential

The threshold for sexual harassment has changed dramatically in the past 20-30 years. It’s now more important than ever for executives, senior leaders, HR, and employees alike to have a strong understanding of what behaviours or activities can be considered sexual harassment in the workplace. If we take a closer look at the sexual harassment case, the Courts found it appropriate to convict the employer, considering the seriousness of the offence and a lack of policy that clearly outlined what constitutes sexual harassment. Additionally, the case details underlined that the risks continued to increase in the workplace, however, there was a “complete disregard” from the employer’s end. 

The reality is that you can’t put all your eggs in one basket. In situations where someone is  being sexually harassed by their manager, and others may be complicit, employees might not feel comfortable reporting to their direct team. Regulators and tribunals recognise this: the more reporting options people have, the better protected your organisation is.

What Makes Sexual Harassment Policy Accessible?

Upon consulting with Kirsten, we observed that at a basic level, a written sexual harassment policy should be developed in consultation with employees and have strong backing from leadership. The policy should be simple yet clear when it comes to including scenarios on what is and isn’t acceptable workplace behaviour.

The most essential piece of this puzzle is to make the policy truly accessible to all employees in the organisation, which includes a clear pathway to confidentially report poor workplace conduct. Furthermore, it’s essential to include an avenue to report to someone other than a direct manager, especially in small businesses.

Appointing Contact Officers for Safe Reporting of Issues

In larger businesses, building a trusted network of contact officers can provide a safe space for employees to confidentially report issues internally. Contact officers play a crucial role in supporting employees, almost acting as a sounding board to listen to their concerns, provide support options, and discuss safe measures to escalate issues through appropriate channels, if necessary.

Developing Strong Speak-Up Lines

In many cases, we’ve seen organisations appoint a senior HR manager or utilise the services of an external person or body to avoid unnecessary bias and encourage transparent communication lines for openly reporting harmful behaviours. In our years of supporting businesses in conflict, we have observed that individuals are far more comfortable reporting externally to skilled HR professionals than through internal channels, particularly when an issue is severe and might need formal investigation.

Employing an independent organisation that empowers individuals to speak confidently, knowing that their information will be secure and confidentiality is ensured, sets the benchmark for clear and confidential mechanisms in the workplace.

Workplace Training Helps Uphold Sexual Harassment Policy

Training managers in upholding and applying the policy, including modelling appropriate behaviours, is one of the key metrics to gauge the effectiveness of sexual harassment prevention. Kirsten says the answer is simple: your leadership teams are responsible for undergoing relevant training in the form of ‘bullying, discrimination, and harassment’ that covers the fundamentals of positive duty obligations as well as acceptable leadership styles in fostering respectful cultures.

The onus is on leaders to echo the sentiments of their policies and what current legislation expects from them through in-depth, relevant training. However, the onus does not end there. The induction and training for employees, which informs them about:

• The current systems in place
• How to access them when necessary
• The rights and wrongs, including bystander responsibilities if sexual harassment occurs

is equally critical.

These are straightforward yet impactful measures to protect employers and avoid personal liability, as well as protect employees, which is a key requirement under the Work Health and Safety Act.

When leaders, managers, supervisors, and employees understand what constitutes sexual harassment, the severe disciplinary actions for harmful conduct, and the policies in place, this knowledge flows naturally through the organisation’s structure. This makes it nearly impossible for anyone to claim ignorance about inappropriate behaviour.

What Can HR Teams and Leaders Do to Foster a Culture of Trust and Respect?

Our expert, Kirsten, advises that sexual harassment cannot remain a taboo subject. These conversations must occur in open forums with informed dialogue, not behind closed doors or in hushed tones.

Employees require safe spaces and active encouragement to engage in transparent discussions around sexual harassment. This is only achievable with visible buy-in from leadership, particularly executives and board members.

When leadership treats this as an open subject where every voice is valued and respected, it elevates the conversation and aligns the entire organisation on a shared mission: to proactively identify, address, and report sexual harassment behaviours.

Managers and executives should communicate the serious consequences for anyone who breaches sexual harassment policy or exploits reporting mechanisms. Simultaneously, HR must cultivate environments where employees, whether complainants or respondents, feel confident and supported to discuss incidents openly and without fear.

Where to Next: Practical Support for Proactive Leaders

The message from recent court decisions is clear: employers must take demonstrable action to prevent sexual harassment. This is why we partner with organisations across Australia to turn compliance into capability through:

• Comprehensive Sexual Harassment Training – We deliver tailored training programs that give your leadership teams and employees the clarity and confidence to uphold your policies and model appropriate workplace behaviours.
• Expert-Led Investigations – When situations require formal investigation, our independent specialists bring objectivity and experience to ensure fair outcomes and regulatory compliance.
• In-Depth Culture Reviews – We assess your workplace culture to uncover risks, evaluate the effectiveness of existing policies, and recommend improvements that resonate with your workforce.
• Contact Officer Training – We prepare your internal contact officers to provide confidential, skilled support and create the safe reporting channels your employees need.

Connect with us to discuss how we can help you meet your positive duty obligations with confidence.