Have a reporting mechanism and encourageHave a reporting mechanism and encourage reporting

Have a reporting mechanism and encourage reporting

As the PCBU you should establish a mechanism (or mechanisms) for workers to report sexual and gender-based harassment, including reporting by workers who experience, witness, or hear about sexual and gender-based harassment. This should protect the privacy of workers who make reports and allow for anonymous reporting where possible. Your reporting mechanism should suit your business size and circumstances and be proportionate to the risks in your business. The reporting mechanisms should also be trauma informed and take into consideration the diversity of the workforce and cultural factors where appropriate. For example, a worker from a culturally and linguistically diverse background may not want to report sexual harassment as speaking about sexual behaviour may be considered taboo in their culture.

A lack of reports

As the PCBU you should not rely only on formal reports. A lack of reports does not necessarily mean that sexual and gender-based harassment is not happening. Only a fraction of workers who experience harassment report the conduct.

The absence of reports where sexual and gender-based harassment is likely to be occurring may indicate that existing reporting mechanisms do not meet the needs of workers and need to be changed or workers are unaware of the availability of reporting mechanisms and need to be educated.

You should seek to address the reasons workers might not report sexual and gender-based harassment. These reasons include:

\- workers are not aware of or do not understand what should be reported and how
\- processes do not meet the needs, accessibility requirements and preferences of workers
o including the processes for making complaints; the handling of complaints and potential outcomes (e.g. a proportionate response; a person-centred approach; an outcome that supports the psychological and physical health and safety of the workers involved)
\- workers do not have confidence in how a report would be handled
o workers are not aware of or do not understand the PCBU’s reporting process, including how to report, particularly for workers from a culturally or linguistically diverse background
o workers have misconceptions about the process (workers view reporting only as a method to punish the harasser and do not understand its role in preventing future occurrences)
o workers are concerned that the PCBU’s processes will not be followed by those handling complaints
o workers are concerned that reports will be ignored, or they won’t be believed; other workers will not provide an accurate account; reports won’t be handled respectfully and confidentially; outcomes will not be appropriate; nothing will be done and reporting will make the situation worse, or
o concern over how information will be handled
\- workers are concerned about possible negative impacts of making a report
o a perpetrator may have organisational power over them (e.g. a manager or supervisor) or is in a position of influence (e.g. a client)
o they will be blamed or accused of overreacting
o additional harm to their health and safety from emotional impacts of making a complaint, discrimination, or retribution by management or other workers, or
o negative impacts on their reputation, job or career prospects
\- cultural factors and taboos.

In encouraging reporting, you should specifically consider the needs and concerns of vulnerable workers, such as workers who are new and inexperienced, migrant workers, workers who may face intersectional harassment and discrimination, and workers who are in less secure forms of employment.

Workers should be encouraged to report sexual and gender-based harassment and behaviour that causes concern. You can do this by:

\- providing workers with a range of accessible, trauma informed and user-friendly ways to report harassment informally, formally, anonymously and confidentially
\- provide multiple points of contact for reporting harassment (e.g. in case the usual reporting channel is part of the problem)
\- addressing the needs and preferences of those harassed where possible, such as offering different options to resolve a request for help or a complaint
\- avoiding the use of confidentiality clauses in settlement agreements except where to protect the harassed person. Where used, confidentiality clauses should be as limited as possible in scope and duration
\- talking to workers to make sure they understand how to report harassment or behaviours of concern, their right to representation and the support, protection and advice available
\- training key workers (contact persons) to receive reports of sexual and gender-based harassment and give support and advice, and training peer-support advocates
\- helping workers understand the processes of how reports of sexual and gender-based harassment will be managed
\- providing a clear process for reporting to organisational leaders and board members
\- providing the outcome of any investigation to the individual who reported experiencing harassment
\- providing supportive, consistent and, if possible, confidential responses to reports
\- ensuring reports and incidents are resolved in a timely and transparent manner with a range of potential proportionate outcomes, and
\- implementing systems to prevent retaliation and victimisation of people involved in reports of sexual and gender-based harassment.

Discriminatory, coercive, or misleading conduct

The WHS Act prohibits a person from engaging in discriminatory, coercive, or misleading conduct in relation to a WHS matter. This includes where a worker has raised an issue or concern about WHS, such as reporting sexual or gender-based harassment.