Document ID: chunk:federal_register_of_legislation:F2025L00326:body:0:p35
Version: federal_register_of_legislation:F2025L00326
Segment Type: other
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Character Range: 97140–100244

choice where reasonably practicable? Are workers supported to make informed choices, given timely information about the process/their rights? Does the process offer suitable support for the affected person? Does the process offer the worker a support person or representative?).
   -            Equity and respect (e.g. Does the process ensure interpersonal respect, acknowledge diversity in all its forms and is it inclusive? Does the process ensure all parties are kept informed in a timely and consistent manner throughout the process and ensure all parties are listened to with empathy and without judgment?).
   -            Hope (e.g. Does the process assume optimism and the possibility of recovery and resolution?).

     7.4          Confidentiality
It is important that PCBUs develop supportive environments where workers feel safe to raise sexual and gender-based harassment risks and disclose instances of harassment, including as part of an investigation.
All workers should be made aware of any mandatory reporting or disclosure obligations that apply to you as the PCBU or employer, either under state and territory laws or as part of the worker's employment contract, that may limit confidentiality. Workers should be made aware of how their personal information will be managed and protected when making a report.
 Avoid the use of confidentiality clauses in settlement agreements except where to protect the harassed person. Where used, the scope and duration of confidentiality clauses should be as limited as possible. For guidance on the use of confidentiality clauses in the settlement of a workplace sexual harassment matter see the Australian Human Rights Commission's Guidelines on the Use of Confidentiality Clauses in the Resolution of Workplace Sexual Harassment Complaints.

8.          Leadership and culture

     8.1          Leadership
Leaders have an important role in creating safe and respectful workplaces that are proactive in managing the risks of sexual and gender-based harassment. Leadership in health and safety is more than talking about it or making statements of your commitment. To manage WHS risks from sexual and gender-based harassment leaders should ensure they understand:
   -            the prevalence, nature, and drivers of sexual and gender-based harassment
   -            where there are risks of sexual and gender-based harassment in their workplace, and
   -            how the risks are being controlled or if they are not, what controls need to be implemented.
Leaders should ensure the organisation has effective communication processes to maintain their awareness and understanding of risks in the workplace.
They should take proactive steps to ensure the business or undertaking has effective governance arrangements to allow it to address sexual and gender-based harassment and that the resources required are provided. Their commitment to preventing sexual and gender-based harassment should be demonstrated in the organisational priorities they set and the way they choose to measure the organisation's success. They should ensure this