Key Takeaways
- Sexual harassment is defined as any unwelcome sexual behavior that causes offense, humiliation, or intimidation, and can take various forms.
- In Victoria, laws like the Fair Work Act 2009 and the Equal Opportunity Act 2010 mandate employers to prevent sexual harassment and create safe work environments.
- Employers have a positive duty to eliminate sexual harassment by implementing clear policies, providing training, and ensuring employees can report incidents without fear of victimization.
- Support services, including Victoria Legal Aid, the Victorian Equal Opportunity and Human Rights Commission, and WorkSafe Victoria offer legal advice, resources, and help for individuals facing sexual harassment.
- Victims of sexual harassment are encouraged to seek support promptly to understand their rights and the appropriate courses of action available to them.
Sexual harassment is a critical issue that affects individuals across workplaces, educational institutions, public life. In Victoria, comprehensive laws are in place to protect individuals from unwanted sexual behaviour and ensure accountability for perpetrators. Addressing sexual harassment is not only a legal imperative but also essential for fostering safe and equitable environments.
This guide provides an overview of what constitutes sexual harassment, the legal framework in Victoria, available services, and resources for affected individuals.
What is Sexual Harassment?
Sexual harassment refers to any unwelcome sexual behaviour that causes someone to feel offended, humiliated, or intimidated. It can include physical, verbal, written, or non-verbal actions and may occur as a one-time incident or a series of repeated acts.
Examples of Sexual Harassment
- Sharing inappropriate images or videos
- Making offensive or suggestive comments
- Sending unsolicited messages on social media
- Unwanted physical contact, such as brushing or touching
- Persistent requests for dates despite refusal
- Sexual advances or propositions
- Staring or making lewd gestures
- Whistling or catcalling
Where the Law Applies
Sexual harassment is unlawful in various public and professional settings, including:
- Workplaces
- Volunteer roles
- Schools, universities, and TAFE institutions
- Retail and service-based businesses
- Clubs, social organisations, and community groups
- Sporting events and public spaces
Legal Obligations of Employers
Under the Fair Work Act 2009 and the Equal Opportunity Act 2010 (Vic), employers and organisations have a legal responsibility to prevent sexual harassment and discrimination. Amendments introduced in March 2023 strengthened protections and expanded employer obligations.
Positive Duty to Prevent Sexual Harassment
Employers are required to:
- Take proactive measures to eliminate sexual harassment
- Prevent sex discrimination and hostile workplace environments
- Ensure employees are not victimised for raising complaints
Employers should establish clear policies, such as zero-tolerance statements, and provide regular training that includes real-world scenarios, bystander intervention strategies, and clear reporting mechanisms. These efforts help maintain compliance with the law and foster a safe workplace environment.
Support Services of Victoria Legal Aid
Victoria Legal Aid (VLA) offers critical support to individuals affected by sexual harassment. Their services are designed to help you understand your rights, navigate legal options, and take appropriate action.
Services Provided by Victoria Legal Aid
- Legal Advice: Free, confidential guidance for eligible individuals
- Equality Law Program: Specialist advice on lodging complaints and exploring remedies
If the harassment involves criminal offences such as sexual assault, stalking, or blackmail, VLA’s Specialist Sexual Harassment and Discrimination Law Services can assist alongside law enforcement.
For more information, visit the Victoria Legal Aid website.
Key Legislation
The following laws provide robust protections against sexual harassment in Victoria:
- Fair Work Act 2009: Prohibits sexual harassment in workplaces
- Sex Discrimination Act 1984: Federal protections against sex-based harassment and discrimination
- Equal Opportunity Act 2010: Prevents discrimination, harassment, and victimisation in public life
Resources and Legal Support
If you are experiencing sexual harassment, the following organisations offer resources and support:
- Victorian Equal Opportunity and Human Rights Commission: Provides resources and support for addressing and lodging complaints about discrimination and harassment.
- Australian Human Rights Commission: Offers federal-level resources for handling complaints related to sexual harassment and discrimination.
- WorkSafe Victoria: Focuses on workplace safety and harassment prevention. They offer support, guidance, and resources to ensure a safe and compliant work environment.
- Police Assistance: For criminal matters, contact your local authorities or visit Victoria Police for more information.
How Pentana Stanton Lawyers Can Help
At Pentana Stanton Lawyers, we offer expert legal support to individuals and businesses addressing sexual harassment issues. With decades of experience, a proven record of accomplishment, and a client-focused approach, we deliver clear, practical solutions and compassionate guidance tailored to your needs.
Our Services
- Legal Advice: Understand your rights and the best steps to take.
- Representation: Skilled advocacy in mediations, tribunals, and courts.
- Workplace Policies: Assistance for employers in creating and implementing harassment prevention strategies.
- Resolution Support: Effective strategies to resolve disputes promptly and minimize harm.
If you are dealing with sexual harassment or need guidance, our team is here to help. Contact us for confidential advice and support.
Conclusion
Sexual harassment has no place in any environment. Victoria’s legal framework offers strong protections to address and prevent harassment while supporting those affected. If you or someone you know has experienced sexual harassment, reach out to a trusted legal service or support organisation promptly to explore your options and begin the path toward resolution.
If you have experienced sexual harassment, seek support promptly to understand your options and take steps toward resolution.
