Dr Skye Charry, Chief Consultant, S.A.C. Consulting Australia, A/Prof (Law), University of New England, September 2024

In December 2023, Australia enacted significant amendments to the Sex Discrimination Act 1984 (Cth), enforcing a new era of workplace responsibility. Under this reform, all business owners, regardless of size, are mandated to take ‘reasonable and proportionate measures’ to eliminate sexual harassment and related harm.

While the law applies to every business, it does not impose a ‘one size fits all’ approach, which would be both impractical and ineffective. Instead, the legislation empowers business leaders to determine what is ‘reasonable and proportionate’ with regard to the size, nature, and resources of their organisation.

For rural and regional businesses, this presents unique challenges. The characteristics of these workplaces—ranging from the often close-knit teams to the geographic isolation—require careful consideration in implementing the Respect@Work guidelines. However, these businesses are not without support. The Australian Human Rights Commission (AHRC) has provided a guiding framework to help employers develop strategies that are both ‘reasonable and proportionate’.

Understanding the legal criteria for sexual harassment

To comply with the Respect@Work legislation, business owners must first understand what constitutes sexual harassment under the law. Three key criteria define such behaviour:

1. Unwelcomeness: The conduct must be unsolicited, distinguishing it from consensual interactions such as mutual flirtation or romance.
2. Sexual nature: The behaviour must be of a sexual type, including actions like leering, sexualised banter, unwanted touching, or sharing suggestive images.
3. Possibility of harm: The behaviour must occur in circumstances where a reasonable person would foresee the possibility that another might feel intimidated, offended, or humiliated.

The Respect@Work guiding framework

The AHRC’s framework outlines seven standards that can help rural and regional business owners create tailored strategies to comply with the new law:

1. Leadership: Effective leaders must set the cultural tone and uphold the individual dignity of all workers. This includes identifying physical and psychosocial risks and responding to incidents with wisdom, empathy and fairness.
2. Culture: A safe, respectful, and inclusive workplace culture requires vigilant leadership that monitors and maintains these standards.
3. Knowledge: Employees must be equipped with clear, tailored sexual harassment policies and regular, thoughtful training to ensure these policies are understood and applied.
4. Risk management: Leaders must actively assess and mitigate physical and psychosocial risks to ensure the safety and wellbeing of all employees, particularly in isolated or high-risk environments.
5. Support: Leaders should encourage open communication and provide clear avenues for reporting harassment, fostering an environment where employees feel safe to speak up.
6. Reporting: Leaders should respond empathetically to disclosures, maintaining confidentiality and ensuring procedural fairness for all parties involved.
7. Monitoring, evaluation, and transparency: There must be a process to continually assess the effectiveness of implemented measures, adjusting as necessary to maintain a safe workplace.

Practical steps for rural and regional workplaces

• Rural and regional workplaces often have deep-rooted cultural norms that may inadvertently tolerate or overlook inappropriate behaviour. Pay close attention to factors such as, gender representation and communication styles. For instance, if women are a minority or if there is a history of ‘tough language’ being the norm, these areas may require extra focus.
• In smaller communities, employees may hesitate to report sexual harassment due to fears of community gossip, job security concerns, or being labelled a ‘troublemaker.’ It’s essential to create a reporting system that ensures confidentiality and reassures employees that their concerns will be handled with discretion and fairness.
• Some leaders may not have had extensive opportunities to sharpen the necessary skills for addressing sexual harassment effectively. It’s important to invest in practical training that equips leaders to communicate confidently about sexual harassment, respond empathetically to disclosures, and take appropriate action.

The consequences of non-compliance

Failing to comply with the Respect@Work reform carries significant risks. Prior to December 2023, employers risked vicarious liability for sexual harassment only if a complaint reached court. Now, the AHRC can proactively investigate the ‘reasonable and proportionate measures’ taken by businesses and take steps to enforce compliance. Beyond possible legal interventions, non-compliance can damage a business’s culture, reputation, and financial standing.

Challenges and opportunities

Rural and regional workplaces face distinct challenges in adapting to these legal requirements, but they also have unique opportunities to lead by example. In close-knit communities, the impact of a respectful workplace culture can ripple beyond the business itself, setting a standard for the broader community.

Business leaders are now required to move beyond a ‘tick and flick’ approach to policy, finding meaningful solutions that resonate with their employees. By balancing the intellectual and emotional aspects of leadership, rural and regional businesses can foster environments where dignity, respect, and safety are paramount.

About Dr Skye Charry

Dr Skye Charry, an expert in sex discrimination law and Co-Founder of S.A.C Consulting Australia, a workplace culture consulting firm specialising in building thriving workplaces believes more needs to be done to protect rural employees at work amid continued stories of harassment and assault across various industries. “The new legislation sends a clear message that sexual harassment will not be tolerated in any workplace and encourages proactive measures to prevent harassment and promotes a culture of respect, equality, and safety, enhancing employee morale, productivity, and retention. Employers should not only have a clear and meaningful workplace sexual harassment policy in line with the new Respect@Work legislation, however they should take steps to engage with all staff about its real-life application and meaning on the ground.”

Growing up in Central Western NSW, Skye observed sexual harassment and gender inequality in different work contexts. As a solicitor, she noted the lack of literature on rural Australia’s sexual harassment, prompting her own research. She embarked on a national journey to uncover the stories of women from all pockets of the nation – from mines, to cattle stations, to shearing sheds to law firms to hospitals and so on. Based on findings from her PhD, Skye published a pioneering book on the nature and prevalence of sexual harassment in rural workplaces, Whispers From the Bush – The Workplace Sexual Harassment of Australian Rural Women.