Document ID: chunk:federal_register_of_legislation:F2025L00326:body:0:p18
Version: federal_register_of_legislation:F2025L00326
Segment Type: other
Provision Reference: 
Character Range: 48481–51674

may have organisational power over them (e.g. a manager or supervisor) or is in a position of influence (e.g. a client)
      o        they will be blamed or accused of overreacting
      o        additional harm to their health and safety from emotional impacts of making a complaint, discrimination, or retribution by management or other workers, or
      o        negative impacts on their reputation, job or career prospects
   -            cultural factors and taboos.
In encouraging reporting, you should specifically consider the needs and concerns of vulnerable workers, such as workers who are new and inexperienced, migrant workers, workers who may face intersectional harassment and discrimination, and workers who are in less secure forms of employment.
Workers should be encouraged to report sexual and gender-based harassment and behaviour that causes concern. You can do this by:
   -            providing workers with a range of accessible, trauma informed and user-friendly ways to report harassment informally, formally, anonymously and confidentially
   -            provide multiple points of contact for reporting harassment (e.g. in case the usual reporting channel is part of the problem)
   -            addressing the needs and preferences of those harassed where possible, such as offering different options to resolve a request for help or a complaint
   -            avoiding the use of confidentiality clauses in settlement agreements except where to protect the harassed person. Where used, confidentiality clauses should be as limited as possible in scope and duration
   -            talking to workers to make sure they understand how to report harassment or behaviours of concern, their right to representation and the support, protection and advice available
   -            training key workers (contact persons) to receive reports of sexual and gender-based harassment and give support and advice, and training peer-support advocates
   -            helping workers understand the processes of how reports of sexual and gender-based harassment will be managed
   -            providing a clear process for reporting to organisational leaders and board members
   -            providing the outcome of any investigation to the individual who reported experiencing harassment
   -            providing supportive, consistent and, if possible, confidential responses to reports
   -            ensuring reports and incidents are resolved in a timely and transparent manner with a range of potential proportionate outcomes, and
   -            implementing systems to prevent retaliation and victimisation of people involved in reports of sexual and gender-based harassment.

Discriminatory, coercive, or misleading conduct

The WHS Act prohibits a person from engaging in discriminatory, coercive, or misleading conduct in relation to a WHS matter. This includes where a worker has raised an issue or concern about WHS, such as reporting sexual or gender-based harassment.

4.          Assessing the risks
Once you, as the PCBU, have identified where and when the risk of sexual and gender-based harassment may occur, and who might be affected, you can assess