Human Resources Policy
Sexual harassment
Policy Number:
E5 (QH-POL-228)
Publication date:
November 2016
Purpose:
To outline the responsibility all employees have in ensuring the workplace is free
from sexual harassment.
Application:
This policy applies to all employees working for the Department of Health.
Delegation:
The ‘delegate’ is as listed in the Department of Health Human Resource (HR)
Delegations Manual, as amended from time to time.
Legislative or other authority:
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Anti-Discrimination Act 1991
Crime and Corruption Act 2001
Public Service Act 2008
Public Service Regulation 2008
Sex Discrimination Act 1984 (Cth)
Related policy or documents:
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Workplace conduct and ethics HR Policy E1 (QH-POL-113)
Anti-discrimination and vilification HR Policy E2 (QH-POL-101)
Requirements for reporting corrupt conduct HR Policy E9 (QH-POL-218)
Employee complaints HR Policy E12 (QH-POL-140)
Workplace bullying HR Policy E13 (QH-POL-266)
Code of Conduct for the Queensland Public Service
Policy subject:
1
Policy Statement.................................................................................................................................. 2
1.1
Examples.................................................................................................................................... 2
Definitions: .................................................................................................................................................... 2
History: ......................................................................................................................................................... 3
Attachment One – Responsibilities to ensure workplace is free from sexual harassment
1
Policy Statement
The Department of Health is committed to providing a workplace free from sexual harassment.
Sexual harassment will not be accepted in any work related context which includes, but is not limited
to, conferences, work functions, training events, business trips, work related social events (inside and
outside work hours) and interactions with patients and clients.
All employees are responsible for ensuring the workplace is free from sexual harassment
(responsibilities are outlined in Attachment One), and must not engage in any behaviour that could
amount to sexual harassment.
An employee who has engaged in sexual harassment may be held individually liable for their actions,
which may include disciplinary action and/or private legal action. Further, the employer may be held
vicariously liable. Action may also be taken against employees found to have made vexatious
complaints.
Managers have an obligation to take appropriate action should a person raise concerns about sexual
harassment. If an employee asks that no action be taken, a manager will need to consider the nature
and seriousness of the alleged conduct in determining whether action is taken. Within the
Department of Health all employees are obliged to report all complaints of sexual harassment to the
Ethical Standards Unit.
Acts of unlawful discrimination are not covered under this policy (refer to Anti-discrimination and
vilification HR Policy E2).
1.1 Examples
Examples of sexual harassment can include, but are not limited to:
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unwelcome physical touching
sexual or suggestive comments, jokes or innuendo
unwelcome requests for sex or sexual favours
intrusive questions about a person’s private life
comments about a person’s appearance or physical attributes
the display of material such as posters or pictures of a sexual nature
unwanted invitations of a sexual nature
staring or leering
sexually based insults or taunts
communications, including telephone calls, letters, faxes, emails, text messages and social
media broadcasts of a sexual nature.
Definitions:
Department of Health
The Department of Health includes:
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Clinical Excellence Division
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Corporate Services Division
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Healthcare Purchasing and System Performance Division
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Strategy, Policy and Planning Division
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Chief Health Officer and Prevention Division
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Office of the Director-General
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Health Support Queensland
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eHealth Queensland
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any successor agency of those listed above however so named.
Sexual harassment HR Policy E5
Human Resources Branch
Chief Human Resources Officer
November 2016
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Disciplinary action
Employee
Sexual harassment
For the purposes of this policy, disciplinary action is action pursuant to
section 187 and section 188 of the Public Service Act 2008. Where a
person is not subject to the disciplinary provisions of the Public Service
Act (e.g. a contractor) other appropriate action may be taken which
may lead to termination of the relationship with the Department of
Health.
For the purposes of this policy, the definition of employee includes
permanent, temporary and casual employees, Visiting Medical Officers,
contractors, consultants, students, volunteers and others who exercise
power or control resources for or on behalf of the Department of Health.
Sexual harassment is defined under the Anti-Discrimination Act 1991
as conduct that occurs when an employee:
a)
b)
c)
d)
subjects another person to an unsolicited act of physical intimacy,
or
makes an unsolicited demand or request (whether directly or by
implication) for sexual favours from the other person, or
makes a remark with sexual connotations relating to the other
person, or
engages in any other unwelcome conduct of a sexual nature in
relation to the other person,
and the person engaging in the conduct described in (a), (b), (c) or (d)
above does so:
e)
Vexatious complaint
with the intention of offending, humiliating or intimidating the other
person, or
f) in circumstances where a reasonable person would have
anticipated the possibility that the other person would be offended,
humiliated or intimidated by the conduct.
Where an employee knowingly makes a false complaint.
History:
November 2016
• Policy:
− formatted as part of the HR Policy review
− amended to update references, naming conventions and
definitions
− application extended to other persons who exercise power or
control resources for or on behalf of the Department of Health
including contractors, consultants, students and volunteers
− content regarding workplace harassment removed as the
Workplace Harassment HR Policy E13 (April 2010 version) was
reinstated as a result of the restoration of conditions under the
Industrial Relations Act 1999 effective 11 June 2015
− included requirements for managers and supervisors when they
receive a complaint from an employee who has experienced or
witnessed sexual harassment in the workplace (Attachment
One)
− included actions employees can take to address sexual
harassment (Attachment One).
Sexual harassment HR Policy E5
Human Resources Branch
Chief Human Resources Officer
November 2016
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May 2014
January 2014
July 2008
April 2008
Previous
• Policy amended to:
− update reference to Code of Practice
− update definition of workplace harassment (including definitions
of ‘unreasonable behaviour’ and ‘repeated behaviour’) to align
to definition in Guide for Preventing and Responding to
Workplace Bullying
• Policy formatted as part of the HR Policy Simplification project.
• Policy amended to:
− update title from ‘Sexual Harassment’ to ‘Workplace
Harassment and Sexual Harassment’
− incorporate provisions of Workplace Harassment HR Policy E13
− limit the application of the policy to Department of Health
employees
− remove ‘possible causes of workplace harassment’ and
‘possible consequences of workplace harassment’ sections
− update definitions section
− update references and naming conventions.
• Amended to remove Queensland Health Guidelines for Managers
and Supervisors – Preventing and Resolving Sexual Harassment,
which are not available.
• Developed as a result of HR Policy Framework consolidation.
• IRM 3.15-5 Sexual Harassment
Sexual harassment HR Policy E5
Human Resources Branch
Chief Human Resources Officer
November 2016
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Attachment One – Responsibilities to ensure workplace is free from
sexual harassment
The following information is provided as the minimum mandatory standard practice, procedure or process to
enable satisfactory compliance with this Department of Health HR policy.
Local guidelines/procedures may be developed to facilitate implementation of this policy. Any local
guidelines/procedures must be consistent with this policy and schedule and ensure employee entitlements
continue to be met.
1.
Responsibilities to ensure the workplace is free from sexual harassment
The Department of Health has zero tolerance to sexual harassment in the workplace. Employees are
responsible for ensuring the workplace is free from all forms of harassment. The minimum
requirements are outlined as follows:
1.1 Executives
Executives are required to:
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model appropriate behaviour
provide leadership on the implementation of awareness initiatives which promote a workplace
free from sexual harassment
ensure compliance with legislative obligations
ensure appropriate resources are available to support and implement awareness initiatives
ensure that principles which promote a workplace free from sexual harassment are integrated
into everyday management practices
make support mechanisms available to employees, e.g. employee assistance program.
1.2 Managers and supervisors
Managers and supervisors are required to:
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model appropriate behaviour
monitor the workplace to ensure acceptable standards of conduct are observed
take reasonable steps to promote this policy and educate employees about appropriate and
acceptable workplace behaviour, e.g. by ensuring new and existing employees attend Code of
Conduct orientation and refresher training
treat all allegations of sexual harassment seriously and sensitively
take appropriate action to address allegations of sexual harassment.
In cases of employees reporting complaints of experiencing or witnessing sexual harassment in the
workplace, managers and supervisors are required to:
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listen to the complainant to identify the issue and provide appropriate support
manage the details of the complaint in accordance with the Employee complaints HR Policy E12
contact your local HR team for support and guidance on how to manage the risk – employers
should be conscious of the significant risks involved in failing to take effective action against
sexual harassment, including risks to the physical and mental health and wellbeing of workplace
participants.
Sexual harassment HR Policy E5
Human Resources Branch
Chief Human Resources Officer
November 2016
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Managing the risk could include such actions as:
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ensuring the subject officer and the complainant are not rostered alone together on a shift
advise the complainant of your obligations under the Crime and Corruption Act 2001 and the
Code of Conduct to report the matter to the department’s Ethical Standards Unit (ESU) for
assessment of both suspected corrupt conduct and a public interest disclosure. Both
assessments will be completed by ESU within 24 hours of receiving the complaint. If the
information raises suspicion of corrupt conduct, ESU will report the matter to the Crime and
Corruption Commission (CCC) as per the department’s obligation under section 38 of the Crime
and Corruption Act. The matter will generally be referred back to the local HR unit for
management in accordance with the Employee complaints HR Policy E12.
1.3 All employees
All employees are required to:
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understand what is sexual harassment
not engage in behaviour which may amount to sexual harassment
not encourage other employees to engage in conduct which could amount to sexual
harassment
report behaviour which could amount to sexual harassment
comply with the requirements of this policy.
Actions employees can take to address sexual harassment include:
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raise the issue directly with the harasser and tell them that their behaviour is unwelcome
talk to a colleague and seek their support
make a complaint to your manager/employer through the complaints process outlined in the
Employee complaints HR Policy E12
contact the ESU to have your complaint assessed by an independent team external to your
workplace
contact the Anti-Discrimination Commission for information or to make a complaint.
Sexual harassment HR Policy E5
Human Resources Branch
Chief Human Resources Officer
November 2016
Page 2 of 2
PRINTED COPIES ARE UNCONTROLLED.