Include practical suggestions about the types of bystander action staff can take. Note that victimisation as a result of taking bystander action is illegal and will not be tolerated. See: Know where the line is. If you see something or hear something that makes you feel uncomfortable, don’t ignore it. Talk: It takes courage to speak up. Talk with your boss, your colleagues or with the person who is crossing the line. Support: Don’t underestimate the power of support. It can help a colleague stand up and take action. For information about the sorts of bystander action staff can take, see 8. Consequences of breaching the policy Outline the possible consequences for who breach this policy, ensuring that this section refers to the complaints process. Depending on the severity of the case, this might include making an apology, counselling, transfer, dismissal or demotion. 9. How to make a complaint Outline each stage of the complaints process, including timelines and contact details for relevant staff (if required). For advice about developing an effective complaints procedures, see which outlines key steps employers should take when developing a fair and effective complaints process. 10. Additional information, support and advice Include list (including websites, hard copy resources and external organisations) where staff can seek advice or support if required. Australian Human Rights Commission If you believe you have experienced workplace sexual harassment, you can make a complaint to the Australian Human Rights Commission. Contact the Commission’s National Information Service on 1300 656 419 or email State/territory human rights/equal opportunity or anti-discrimination board [Insert contact details for relevant state or territory organisation including information about the service, information or support the organisation can provide. See: ] Union [Insert contact details for relevant union, including information about the service, information or support the union can provide.] Employee assistance program Staff are entitled to a certain amount of free, professional counselling from our employee assistance program. To access the employee assistance program, contact [insert contact details].
an impartial third person helping those involved to talk to each other and find a solution. In some situations the impartial third person may need to be someone external to the organisation, such as a professional mediator. Formal resolution If a person wants to proceed with a formal complaint about discrimination or harassment, or if this is considered to be the most appropriate course of action, the following steps are recommended. a. Obtain information from the complainant The person handling the complaint (the complaint officer) should: provide information about the complaint process, potential outcomes, options for assistance/support and protections from victimisation ensure the allegations are documented, either by the complainant or the complaint officer explain that the process is confidential, what this means and why it is important explain what records of the complaint will be kept, for how long and where explain the action that may be taken if the complaint is found to be vexatious or malicious ask the complainant to provide relevant documents or details of witnesses that may support the allegations. b. Advise the respondent about the complaint The complaint officer should: advise the respondent that a complaint has been made against them and provide as much information as possible about the allegations and supporting information (where applicable) confirm that he or she will be given the opportunity to respond to the allegations in writing or through an interview provide information the complaint process, potential outcomes and options for assistance/support explain that the process is confidential, what this means and why it is important explain what records of the complaints will be kept, for how long and where explain that it is unacceptable to victimise someone who has made a complaint.
Equal Opportunity Commission – Western Australia 1800 198 149 or (08) 9216 3963 (TTY) Northern Territory Anti-Discrimination Commission 1800 813 846 or (08) 8999 1466 (TTY) Office of the Anti-Discrimination Commissioner – Tasmania (03) 6233 4841 or 1300 305 062 Victorian Opportunity and Human Rights Commission 1300 891 848 or 1300 289 621 (TTY) Information Australian Human Rights Commission, Know Where the Line Is workplace sexual harassment awareness raising strategy: Australian Human Rights Commission, Information for People Making Complaints: Australian Human Rights Commission, Federal Discrimination Law: Victorian Equal Opportunity & Human Rights Commission, Guideline: Sexual Harassment. Complying with the Equal Opportunity Act 2010 (2013) Victorian Opportunity & Human Rights Commission, Employer’s Checklist: Preventing Sexual Harassment (2011) Women’s Legal Services NSW, My work My rights My life For further information unfair dismissal claims under the Fair Work Act, see: Fair Work Commission, Unfair Dismissals Benchbook (2013) Small Business Fair Dismissal Code Fair Work Ombudsman, Small Business Fair Dismissal Code Checklist . For further information about what to do if an employee makes a General Protections claim, see: Fair Work Ombudsman, General Workplace Protections Factsheet (2013) Fair Work Commission, General Protections Guide (2013) . For further information work, health and safety requirements, see: Safe Work Australia Australian Work Health and Safety Strategy 2012–2022 .