Sexual Harassment Cultural Change Framework
There is no place for sexual harassment in any profession, any workplace. Sexual harassment is both unlawful and entirely unacceptable.
– 2020 June 25 The Law Society of Western Australia Statement to the WA Legal Profession on Sexual Harassment.
The Australian Human Rights Commission defines sexual harassment as:
An unwelcome sexual advance, unwelcome request for sexual favours or other unwelcome conduct of a sexual nature which makes a person feel offended, humiliated and/or intimidated, where a reasonable person would anticipate that reaction in the circumstances.
The Law Society of Western Australia has developed a cultural change framework for the profession, providing tools to help address sexual harassment in the workplace. Called ‘Change the Culture’, this programme offers the profession resources around 4 key pillars
The 4 Key Pillars
The Evidence
Research nationally and globally has evidenced clear and consistent findings about who is most affected by sexual harassment, who the perpetrators are, reporting rates and effects of workplace culture. Some of the following reports are helpful in addressing sexual harassment as they seek to inform, influence and activate change.
Compelling Research
- Sex Discrimination and Fair Work (Respect at Work) Amendment Act 2021 – Australian Government 2021
- Equality Across the Board – Australian Human Rights Commission 2021
- Disrupting the System – Preventing and responding to sexual harassment in the workplace – Champions of Change Coalition 2021
- Sexual Harassment in the Workplace -Commissioned by AICD and produced by Clayton Utz 2021
- Time for Change: Addressing Sexual Harassment – The Law Council of Australia 2021
- Respect@Work: Sexual Harassment National Inquiry Report – Australian Human Rights Commission 2020
- Statement to the WA Legal Profession on Sexual Harassment -The Law Society of Western Australia 2020
- National Action Plan to Reduce Sexual Harassment in the Australian Legal Profession – Law Council of Australia 2020
- Stepping Up to the Challenge: towards international Standards on Training to End Sexual Harassment – UN Women 2020
- Seven Strategies for Addressing Sexual Harassment in the Legal Profession – Australian Women Lawyers 2019
- Us Too? Bullying and Sexual Harassment in the Legal Profession Report – International Bar Association (IBA) 2019
- Workplace Environment Survey – The New Zealand Law Society 2018.
Behavioural Change
Taking a strategic approach to addressing sexual harassment requires behavioural intervention, looking at the role of workplace environment, bystanding and company culture. Specific training focusing on workplace sexual harassment is one element of bringing about behavioural change.
Training & Education
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Change the Culture
Law Society of Western Australia
This Interactive Training addresses sexual harassment in the Workplace. Presented at the Law Society or inhouse at your law firm and delivered by trained facilitators.
Email membership@lawsocietywa.asn.au or call 08 9324 8692 for further information on having this training delivered at your firm.
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Towards a Better Legal Profession for Everyone: Addressing Workplace Bullying and Sexual Harassment
International Bar Association and The College of Law
This Six-Part Training is designed to ensure safe, supportive and respectful workplaces for everyone in addressing bullying, sexual harassment, what individuals can do and what workplaces can do.
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Know Where The Line Is
Australian Human Rights Commission, the Australian Council of Trade Unions and the Australian Chamber of Commerce and Industry
A national awareness raising strategy and tripartite partnership the Know Where The Line Is site offers valuable information and resources for employees and employers and is a unique resource as part of broader efforts to prevent and reduce the harm of sexual harassment in Australian workplaces.
Systems & Procedures
Sexual harassment is a systemic organisational issue rather than an individual grievance. Putting in place systems, policies and procedures that are clearly documented and communicated are important elements of maintaining a positive workplace culture.
Examples can include such things as sexual harassment policy and procedures, induction procedures; communication and promotion of workplace procedures; training for addressing workplace sexual harassment; reporting and complaints handling procedures; and implementation and monitoring guidelines.
Useful Reference Tools for the Legal Profession
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Law Council of Australia:
- Time for Change: Addressing Sexual Harassment
- Memorandum National Model Framework Addressing Sexual Harassment
- National Model Framework Addressing Sexual Harassment for the Australian Legal Profession
- Guidance Note 1 – information for Organisations Implementing the Model Framework
- Guidance Note 2 – Information for Persons Wanting to Make a Complaint About Sexual Harassment
- Guidance Note 3 – Information for Persons Facing a Complaint About Sexual Harassment
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West Australian Bar Association:
- Grievance Procedure and list of Grievance Stewards: https://www.wabar.asn.au/about/grievance-procedure/
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The Western Australian Equal Opportunity Commission:
- Information about how to make a complaint about sexual harassment in Western Australia.
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The Australian Human Rights Commission:
- Information about how to make a complaint if a person has been sexually harassed in their workplace. contact the Australian Human Rights Commission’s National Information Service on 1300 656 419. You can also make a complaint online at http://www.humanrights.gov.au/complaints/make-complaint
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Law Institute of Victoria
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Victorian Legal Services Board + Commissioner
- Making a Complaint – How to Make a Complaint About Sexual Harassment
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The Victorian Bar Association
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The Law Society of New South Wales
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Queensland Law Society
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Confidential Support
The Law Society and other organisations can provide confidential support for personal and work related issues.
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Law Society LawCare support
LawCare is a comprehensive support package which includes:
- Converge confidential free member assistance programme for personal and work-related issues: 1300 687 327
- The Ethical Guidance Panel connects members with experienced practitioners to confidentially discuss professional conduct and ethical issues: visit https://www.lawsocietywa.asn.au/lawcare-wa/ethical-guidance-panel/ethical-guidance-panel-members/
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Law Society Mentoring Programmes
- Mentoring Programmes: Law Student Mentoring Program and Mentoring Programme for Lawyers
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West Australian Bar Association:
- Practitioner Advice Referral Service provided by WA Bar Association: Members can connect with experienced practitioners for advice on ethical issues or complaints: 08 9220 0477
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Useful Links
Lifeline Australia: Lifeline provides all Australians experiencing a personal crisis with access to 24 hour crisis support and suicide prevention services – Read more
Beyond Blue: Beyond Blue works to reduce the impact of depression and anxiety in the community by raising awareness and understanding – Read More
Minds Count Foundation: The Foundation’s objective is to decrease work related psychological ill-health in the legal community and to promote workplace psychological health – Read More