Document ID: chunk:federal_register_of_legislation:F2025L00326:body:0:p6
Version: federal_register_of_legislation:F2025L00326
Segment Type: other
Provision Reference: 
Character Range: 15387–18497

age of 18 may constitute child-based sexual offences. Children often see grooming behaviours as friendship and may not identify the risks. If you have workers under the age of 18 you must ensure you have identified the hazards they may be exposed to at work and implemented all reasonably practicable control measures.

Control measures could include not assigning them to certain tasks and vetting other workers they will work closely with, providing additional supervision, providing training on acceptable behaviours in the workplace.

If you suspect sexual behaviour directed at a worker under the age of 18, you should contact child welfare authorities or Police. You, or your workers, may also have mandatory reporting obligations.

     1.4          Who is affected?
While anyone can experience sexual or gender-based harassment, there are certain groups of people who are more likely to experience it. Both men and women experience sexual harassment, however women are significantly more likely to experience it than men, and men are significantly more likely to commit sexual or gender-based harassment than women. Factors which may increase the likelihood of a worker experiencing sexual or gender-based harassment include:
   -            workers who are new to the workforce
   -            workers under 30 years of age
   -            LGBTQIA+ workers
   -            workers who do not conform to traditional gender stereotypes
   -            Aboriginal or Torres Strait Islander workers
   -            workers with a disability
   -            workers from culturally and linguistically diverse backgrounds
   -            migrant workers
   -            workers holding temporary visas, and
   -            people in insecure working arrangements (e.g. casual or labour hire).

Interaction and intersection

PCBUs must consider how sexual and gender-based harassment will interact or combine with other psychosocial hazards. Intersectional harassment can increase both the likelihood of sexual and gender-based harassment occurring and the severity of harm it can cause.

For example, a migrant worker with a disability is more likely to experience harassment but also may not have the same supports in place or the confidence or awareness to report the behaviour. As such they may be exposed for a longer time increasing the severity of harm.

Gender inequality is a key driver, or underlying cause, of sexual and gender-based harassment at work. Other forms of disadvantage such as power imbalances based on age, sex, gender, sexuality, migration status, race and disability can combine (intersect) and increase a person's exposure to hazards and vulnerability.

This can intensify an individual's experience of harassment and discrimination and is referred to in this Code as intersectional harassment or the intersectional nature of harassment.

Failure to manage and appropriately respond to other forms of harassment and discrimination may encourage a culture of disrespect and increase the likelihood of sexual and gender-based harassment occurring. Workers are less likely to report