Objective
The Club aims to providing a safe and respectful workplace for staff to be free from all forms of discrimination and harassment, in particular to this policy, sexual harassment. The Club has a zerotolerance stance to sexual harassment. It aims to treat every allegation of sexual harassment extremely seriously and will not condone or tolerate workplace sexual harassment of any kind.
Sexual harassment, sex-based harassment, and sex-based discrimination (collectively ‘sex-based misconduct’) are unlawful and the Club acknowledges, observes and complies with the provisions of the Sex Discrimination Act 1984 (Cth), the Fair Work Act 2009 (Cth) (the Act) and all other associated State and Federal legislation relating to the subject of sex-based misconduct in the workplace.
Definitions
- DEFINITION OF UNLAWFUL DISCRIMINATION
For the purpose of this policy:
- Unlawful discrimination is treating, or proposing to treat, someone less favourably because of a personal characteristic protected by law, such as sex, age, race, or disability. DEFINITION OF SEXUAL HARASSMENT
- Sexual harassment is a specific and serious form of harassment. It occurs if a person:
- Makes an unwelcome sexual advance to another person;
- Makes an unwelcome request for sexual favours to another person; or
- Engages in other unwelcome conduct of a sexual nature in relation to another person, in circumstances in which a reasonable person, having regard to all the circumstances, would have anticipated that the person would be offended, humiliated or intimidated.
in circumstances in which a reasonable person, having regard to all the circumstances, would have anticipated that the person would be offended, humiliated or intimidated.
Sexual harassment does not have to be repeated or ongoing. It can be a one-off incident. It can also take many different forms and may include physical contact, verbal or written comments.
DEFINITION OF SEX BASED HARASSMENT
- Sex-based harassment occurs if a person:
- Engages in unwelcome conduct of a demeaning nature in relation to another person by reason of the person’s sex (or characteristic that pertains generally or is generally imputed to that person’s sex); and
- The person does so in circumstances in which a reasonable person, having regard to all the circumstances, would have anticipated the possibility that the person harassed would be offended, humiliated or intimidated.
DEFINITION OF HOSTILE WORKPLACE ENVIRONMENT
A hostile work environment includes conduct that is not directed to any particular person or worker but can result in a worker or workers feeling unwelcome or offended by the general working environment. Examples include but are not limited to:
- Displaying offensive screen savers, photos, calendars or objects;
- Sexually explicit posts on social networking sites;
- Accessing sexually explicit internet sites in the workplace; and
Workplaces where sexual jokes or innuendo occur.
WHAT IS VICTIMISATION?
- Victimisation is subjecting or threatening to subject someone to a detriment because they have:
- Asserted their rights under equal opportunity law (such as the Sex Discrimination Act 1984);
- Made a complaint;
- Helped someone else make a complaint; or
- Refused to do something because it would be discrimination, sexual harassment or victimisation. It is also victimisation to threaten or treat less favourably a worker (such as a witness) who may be involved in investigating a workplace concern or complaint.
It is also victimisation to threaten or treat less favourably a worker (such as a witness) who may be involved in investigating an workplace concern or complaint.
Victimisation is a very serious breach of this Policy and is likely (depending on the severity and circumstances) to result in formal disciplinary action against the perpetrator worker, which may include termination of employment or engagement.
PREVENTION OF SEXUAL HARASSMENT
To minimise sexual harassment in the workplace, the Club will aim to ensure that all of its workers attend regular training relating to sexual harassment in the workplace. This training will assist workers to understand their rights and responsibilities in the workplace, encourage them to report any behaviour that breaches this Policy and understand the complaints procedure.
The Club seeks to monitor and assess this Policy and measures to prevent sex-based misconduct in the workplace. This may include:
- reporting on the nature and outcomes of complaints,
- anonymous surveys of workers to assess awareness of the policy and comfortability with reporting incidences,
- regular consultation with worker representatives.
The Club will build a culture of safety and address risk regularly. The Club will do this by regularly identify and assess risk factors for sexual discrimination, sexual harassment and victimisation. The Club has completed a risk assessment identifying the likelihood of, sexual harassment and sex-based misconduct and taken reasonable and proportionate measures to eliminate or control as far as possible sex-based misconduct.
Responsibilities
Everyone has a role in preventing sex-based misconduct.
The Club will aim to:
- not tolerate sexual harassment, sexual discrimination, victimisation or sex-based harassment.
- eliminate the risks from sexual harassment so far as is reasonably practicable. If the risks cannot be eliminated, they will be minimised so far as is reasonably practicable.
- aim to regularly identify factors that contribute to sexual harassment, sexual discrimination and victimisation and aim to put effective control measures in place.
- strive to build a culture of workplace safety and address risks regularly.
- aim to ensure that all workers attend regular training relating to sexual harassment in the workplace.
- encourage positive leadership styles and invest in our managers to achieve this.
- aim to promote harmonious relationships across the Club.
- aim to openly discuss sexual harassment in both formal and informal settings, and provide information and training about it including consequences of such behaviour (e.g., possible disciplinary actions)
- ensure workers know that they have the right to raise a personal grievance or submit a complaint.
- ensure independent contractors working under a contract for service know that they have the right to submit a complaint.
- ensure workers have a range of ways to report sexual harassment informally, formally or anonymously.
- ensure processes and systems for reporting and responding to sexual harassment are fit for purpose and regularly reviewed.
- train key workers to receive sexual harassment reports from other workers and give support and advice (ie. perform the role of sexual harassment contact persons)
- make sure workers know how to externally report sexual harassment, what support, protection and advice is available, and their rights to representation.
- provide workers who believe they have been sexually harassed with a range of options to address the issue.
- provide a supportive environment to those who believe they have been sexually harassed and the alleged harasser.
- treat all parties fairly/impartially while allegations are dealt with.
- seek advice from both parties as to how they wish to deal with the situation.
- aim to promote informal solutions before formal actions where appropriate.
- aim to repair the working relationship and promote positive work values.
- endeavour that this Policy is visible to all workers, visitors and c ustomers.
Managers should:
- intervene early to call out and deal with any unreasonable behaviour before it escalates.
- take prompt action in response to any report of sexual harassment.
- seek feedback from the complainant as to how they wish to deal with the situation.
- where appropriate look for other solutions before escalating an issue to higher levels (e.g., investigation).
- provide a supportive environment to those who believe they have been sexually harassed and those accused.
- treat all parties fairly while allegations are dealt with.
- record and investigate complaints impartially and in line with the Club’s policies and processes.
- understanding their obligation in accordance with relevant legislation including Sex Discrimination Act 1984 what behaviour constitutes discrimination, sexual harassment and victimisation.
- promote this Policy.
- identify and assess risk factors for discrimination, sexual harassment and victimisation.
- personally demonstrate appropriate and professional behaviour at all times in the workplace.
Workers will:
- comply with this policy, to not engage in any sex-based misconduct
- build a common understanding about what sex-based misconduct is;
- challenge inappropriate behaviour if they feel safe and comfortable to do so or otherwise report it to their manager
- immediately tell their managers or a sexual harassment contact person if they experience or see any sex-based misconduct – if the manager is the alleged perpetrator, then advise the HR manager or an Executive Manager;
follow the Club’s processes when reporting sex-based misconduct.
Procedures
Examples of Sexual harassment
Examples of sexual harassment that in an educational institution include but are not limited to:
- uninvited touching;
- uninvited kisses or embraces;
- smutty jokes or comments in the workplace or the classroom;
- making promises or threats in return for sexual favours;
- repeated invitations to go out, especially after prior refusal;
- “flashing” or sexual gestures;
- sex based insults, taunts, teasing or name-calling;
- staring or leering at a person or at parts of their body;
- unwelcome physical contact such as massaging a person without invitation or deliberately brushing up against them;
- touching or fiddling with a person’s clothing e.g., lifting up skirts, flicking bra straps;
- requests for sex;
- sexually explicit conversation;
- persistent questions or insinuations about a person’s private life;
- offensive phone calls or letters;
- stalking, sexual insults or taunting;
- offensive messages through new technologies such as mobile phone cameras, social networking websites, emails or SMS/MMS communications.
When Sexual Harassment is a Criminal Offence
Sexual harassment that is also an offence under criminal law may be referred to the police this includes matters involving:
- sexual assault;
- physical molestation or assault;
- indecent exposure;
- stalking;
- obscene communications.
Any worker who is the subject sexual harassment in the workplace must notify the General Manager, so that an investigation can be conducted, and appropriate action taken.
Any worker who witnesses another worker being subjected sex-based misconduct in the workplace must notify the General Manager, so that an investigation can be conducted and appropriate action taken.
If you are unsure whether the conduct is sex-based misconduct or not, you can discuss it further with the General Manager.
If the complaint involves the General Manager, then the worker may take their concerns to the Club’s President.
External Complaint
You can make a complaint about sexual harassment to:
Breach of Policy
The Club has an obligation to consistently apply and enforce this policy. Likewise, employees must comply with this policy. Employees who breach this policy shall be subject to counselling and/or disciplinary action, which may include termination of employment.
Strathfield Sports Club is committed to providing a safe and healthy workplace for its employees and visitors. If you have any questions or require further information, please contact senior management or the General Manager.
| Version | Authorised by | Date Reviewed | Next Review Date |
| 1 | Phillip Truong | 09/07/2024 | 09/07/2025 |
Scope
This policy applies to all employees of Strathfield Sports Club. The Club is committed to be compliance with the requirements of the Liquor Act 2007 (NSW).
WHO IS COVERED BY THIS POLICY?
All “workers” including employees, managers, supervisors, apprentices, trainees, contractors, subcontractors, interns, volunteers, and the Board of Directors.
WHEN DOES THIS POLICY APPLY?
All workers are entitled to a workplace free from sex-based misconduct. This policy applies to:
- Conduct towards a worker or workers by another worker,
- Conduct towards a worker or workers by a customer of the Club (including members, guests, and visitors), and
- Hostile workplace environments.
Sex-based misconduct in the workplace
Sex-based misconduct includes:
- sexual harassment;
- sex-based harassment;
- sex discrimination;
- engaging in a hostile working environment; and/or
- victimisation of a worker in relation to any of the above.
Sex-based misconduct in the workplace occurs when it happens at work or at an event that is connected to work. For example:
- At a work-related event;
Between workers outside of work, which can also include conduct on social media or messages sent via text and emails outside of work hours.