2 . Undertake a risk assessment
Do a risk assessment as you would for any potential hazard . Identify the risks of transgressing against the new rules , assess their likelihood and put control measures in place . Start talking about it to your workers . Consultation is important as it will show that you are taking the legislation seriously .
In the first place , look at your harassment policy , if you have one , and make sure it is updated with these new rules . It must specifically now also mention sex-based harassment and the potential for a hostile work environment .
Often workplaces have lumped harassment , bullying and discrimination together in one policy . This is no longer acceptable . You must have now have a stand-alone policy to cover this . All employees must know where they can find the policy , and what it says .
3 . Communication and training
As a PCBU you must clearly communicate your expectations to your staff . You must send an unequivocal message from the entire leadership team that sexual harassment is unacceptable in the workplace . This communication can no longer be hidden in an induction pack , it must be clearly visible .
Training is also a part of this . All staff must undertake formal training that now embraces excluding sexual harassment , sex-based harassment and creation of a hostile work environment . Always keep records of this training . Informal training should also be done regularly to support this . This can be having conversations on the topic , and posters around the workplace , for example .
4 . Complaint handling
An important way to meet your positive duty as a PCBU is to set up a procedure for handling complaints . You must outline a clear investigation process and communicate this to all staff . Everyone needs to be aware of how they can report incidents . Again , this could be covered by training or posters around the workplace .
Encourage staff to ask questions and report incidents .
Make sure you keep records of how you communicated this to staff , and of course keep records of complaints and how you managed them .
5 . Prevention plan
All PCBUs must have a Prevention Plan which outlines what the business is doing to prevent and respond to sexual harassment in the workplace . This , of course , is underpinned by your risk assessment .
Make sure your plan sets out all the steps you are taking in your workplace to eliminate sexual harassment from the workplace . This is where you should record what you have done and will be doing , such as training , adding this as an agenda item for a Board meeting , updating the Policy or placing posters around the workplace , for example .
What happens if I don ’ t comply ?
From 12 December 2023 , the Australian Human Rights Commission ( AHRC ) will have the power to enforce compliance with the positive duty . This means that it can commence an inquiry when it ‘ reasonably suspects ’ that an organisation or business is not complying with the positive duty . This can come from information received , media reports or reports by affected workers .
Another change is that the AHRC can conduct a workplace inspection to check on compliance , like WorkSafe investigations . They can ask to see documents and records to show that you have complied with your positive duty .
To assist you in meeting your new duties , please go to Respect @ Work at https :// www . respectatwork . gov . au / and the SafeWork Australia ’ s Code of Practice : Managing the Risks of Sexual and Gender-Based Harassment at Work at https :// www . safeworkaustralia . gov . au / doc / model-code-practice-sexualand-gender-based-harassment
Regulation Report
Chantel Ryan | Chair , Regulatory Committee
NTREAP report delayed
As we previously reported , the Natural Therapies Review by NTREAP ( Natural Therapies Review Expert Advisory Panel ) was on track for conclusion in 2023 , with a report due early 2024 . Unfortunately , we were advised in January that the release of the report would be delayed until June 2024 .
Although this delay is disappointing , ATMS understands several meetings have been scheduled to finalise the reviews , which is encouraging . However , even if the reports are finalised in June 2024 , we do not expect that any modalities will be reinstated until at least April 2025 when health fund packages will be reviewed .
As always ATMS will keep members updated on the progress of the Natural Therapies Review and will continue to actively advocate for its completion and the return of natural therapies to their rightful place in private health insurance .
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