Document ID: chunk:federal_register_of_legislation:F2025L00326:body:0:p5
Version: federal_register_of_legislation:F2025L00326
Segment Type: other
Provision Reference: 
Character Range: 12713–15622

and others may be exposed to sexual and gender-based harassment through verbal communications, including over the phone or video. They may also be exposed to these hazards through written words, pictures or other imagery, in person or through emails, text messages, social media, posters and other publications.
Acts such as sexual assault, physical assault, indecent exposure, stalking, sharing intimate images or videos without consent and obscene or threatening communications (e.g. phone calls, letters, emails, text messages, voice messages and posts on social media) may be offences under criminal law. Even where a matter is being investigated by police, the WHS risks must be addressed.
Overt forms of sexual and gender-based harassment may be easier to identify and address. More subtle forms like sexist remarks, crude language and an overall workplace culture that is degrading or intimidating also create a risk to health and safety. However, these forms of harmful behaviours can be more difficult to identify.
Sexual and gender-based harassment can also be behaviour that while not directed at a particular person, affects someone who is exposed to it or witnesses it (such as overhearing a conversation, rumours or seeing sexually explicit posters in the workplace).
Sexual and gender-based harassment may come from other workers of the business or undertaking including managers, supervisors, colleagues or subordinates. It may come from another PCBU or their workers that share premises or work on the same tasks.
It may also come from third-parties such as customers, clients, patients, students, visitors and others. In some contexts, such as behaviour by patients or minors, sexual harassment may be described as sexually inappropriate behaviours. Even where the 'harasser' may not be legally culpable for their actions, the WHS risks from the behaviour must still be managed by you as a PCBU.

Workers under 18

Workers who are minors, that is under the age of 18, may be particularly vulnerable to sexual and gender-based harassment. Several factors may make these workers more vulnerable:

          Sexual and gender-based harassment is driven by power imbalance. Minors are likely to perceive they have less power than older workers regardless of workplace hierarchy.

          Minors are likely to have less experience recognising harassing behaviour and may have less confidence to call it out.

          Minors learn workplace norms in their first jobs. If they see or experience harassment in their first workplaces, they may come to believe that such behaviours are appropriate or "normal".

Sexual behaviour directed at workers under the 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