All NSW Government Sector Agencies are to implement workplace sexual harassment prevention policies by March next year following a Direction from the Public Service Commissioner.
Issuing Public Service Commissioner Direction No 1 of 2023, Commissioner Kathrina Lo said the prevention policies must comply with a set of minimum standards and, in turn, public servants must comply with their Agency’s policy.
“Each Department and Agency must have a policy in place in relation to workplace sexual harassment,” Commissioner Lo said.
“The policy can be a stand-alone policy, or be included in existing policy frameworks, for example, bullying and harassment policies,” she said.
“The policy should be supported by broad circulation, information, training and awareness-raising to ensure it is appropriately implemented.”
Commissioner Lo said the policy should identify that the Department/Agency was committed to ensuring that the working environment was free from sexual harassment and that everyone was treated with courtesy, dignity and respect.
She said this should be identified up front and could be done by inserting a statement from the head of the Department/Agency.
“The policy should clearly set out the roles and responsibilities of employees (including leader or management personnel), employees with specific complaint handling responsibilities, and other workers to comply with the policy, including in relation to personal conduct, promotion and implementation of the policy,” she said.
“The policy should provide a clear definition of sexual harassment having regard to relevant legislation, be clear about the scope of the policy, and provide examples or scenarios that are relevant to the particular working environment.”
Commissioner Lo said the policies must also highlight best practice prevention principles; include clear reporting pathways for impacted workers; emphasise procedural fairness and confidentiality in complaints handling; and emphasise that no adverse action would be taken against the impacted person(s).
She said Agencies must also commit to taking appropriate remedial action if sexual harassment occurred, and to record-keeping on incidences of sexual harassment.
The Commissioner’s four-page Direction can be accessed at this PS News link.
