The Australian Public Service Commission has published a webpage to help public agencies prepare for new mandatory requirements to prevent and respond to sexual harassment in the workplace.

The website says sexual harassment remains a concern in the APS, and under new legislation that came into force last December employers are required to proactively take measures to eliminate it.

The Respect@Work Bill confers new regulatory powers on the Human Rights Commission in regard to sex harassment, discrimination and victimisation.

That means the AHRC is now able to initiate action if is suspects an employer is failing to take ‘reasonable and proportionate measures’ to eliminate sexual harassment.

National Sex Discrimination Commissioner Kate Jenkins says the legislation represents a fundamental change in how people are protected from sexual harassment in the workplace and a shift away from the traditional complaints-based model.

“It changes our settings from being reactive to also being proactive, so that employers are required to take meaningful action to prevent harassment from occurring,” she says.

Transition period

The APS says there’s a 12 month transition period before the duty for proactive action becomes enforceable, however it’s important for public sector agencies to begin making changes.

Sexual harassment is a known workplace hazard that can cause psychological and physical harm, the APS says.

Under directions issued by the APS Commissioner in 2022 Agency heads are also required to consult with the Commissioner before entering into an agreement with an APs employee that involves  confidentiality of non-disclosure clause.