FIGURE D1: Legislative framework

We have consulted with the Department of Jobs, Precincts and Regions, Ararat, Corangamite, Frankston, Latrobe and Moreland, 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.

Conclusion

Councils do not always support and encourage staff to report their experiences of sexual harassment. Although they offer formal and informal complaint options, victims rarely use them.

When victims do speak out, councils do not always handle their complaints fairly or effectively. For instance, we found examples of councils excusing inappropriate behaviour when staff raised concerns about it. This reduces staff confidence in complaint handling and makes it challenging for victims to report their experiences.

Conclusion

Councils are not doing enough to fulfil their positive duty to prevent sexual harassment. Although all audited councils have relevant policies and training, they are not comprehensive enough to be effective.

Conclusion

Councils do not do enough to understand the prevalence and nature of sexual harassment in their workplaces.

We found that sexual harassment happens in every council, across all roles and levels. More than one in four respondents to our survey reported experiencing it in the last 12 months.

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.

The AHRC National Survey 2018 showed that sexual harassment is common in Australian workplaces. One in three people reported being sexually harassed at work in the past five years.

FIGURE C1: Audit opinions issued for material entities