Figure B1
Key legislative requirements and guidance material

We have consulted with DELWP, DET, DHHS, DJCS, DJPR, DoT, DPC, DTF, VEOHRC, VPSC and WorkSafe Victoria, and we considered their views when reaching our audit conclusions. As required by the Audit Act 1994, we gave a draft copy of this report, or relevant extracts, to those agencies and asked for their submissions and comments.

Responsibility for the accuracy, fairness and balance of those comments rests solely with the agency head.

Responses were received as follows:

Departments have a duty under the Equal Opportunity Act 2010 to take steps to eliminate sexual harassment in the workplace. This is a positive duty, which means they are legally obligated to take reasonable and proportional steps to provide a working environment that is free from sexual harassment. To do this, departments need to have effective prevention strategies, as shown in Figure 4A.

Figure 4A
Prevention strategies

When staff make a sexual harassment complaint, departments should respond quickly and effectively. To do this, all departments need a response framework that:

To address sexual harassment in their workplaces, departments must first understand its prevalence. They can then:

Sexual harassment in the workplace is unlawful and can have significant negative effects on individuals and their employers. In some cases, sexual harassment is also a criminal offence.

A national survey by the AHRC in 2018 showed that sexual harassment is common. One in three people reported being sexually harassed at work in the past five years.

In the Victorian public service, this rate appears to be lower. In 2019, 7 per cent of departmental respondents to the VPSC's PMS said that they had experienced sexual harassment at work in the previous 12 months.

Sexual harassment is harmful, unlawful and, in some instances, a criminal offence. Its impact on individuals and employers can be significant.

Sexual harassment can take many forms and result in physical and emotional harm. Our report discusses these issues. If you or someone you know has experienced sexual harassment or assault, or feels distressed, several support options are available.

Acronyms

DTF and Victoria Police assessed the Cbus/Australia Post VPC proposal through the five stages of the MLP process between May 2015 and December 2016 with input from the SSP, the Valuer-General and external commercial and legal advisers. The: