ClubsNSW Sexual Harassment Resources
23-110 | 4 July 2023
Relevant for Directors, CEOs, Managers
Member clubs are reminded that there have been significant legislative changes in the area of sexual harassment and sex discrimination over the last two years, which directly affect directors and management obligations regarding providing a safe and respectful workplace free from all forms of discrimination and harassment.
To ensure clubs are across all the relevant information, including the latest changes, ClubsNSW has prepared a suite of documents that clubs may use as tools in meeting their new obligations, including:
- A Risk Assessment Template which provides clubs with a framework to conduct their own risk assessments, identifying areas which may give rise to sexual harassment risks. Clubs may use this template to identify current controls to prevent such risks and outline further controls that the club wishes to introduce. This document also includes a Risk Assessment Matrix which clubs may use to identify the likelihood and consequences of certain risks in the workplace and the appropriate management action required to prevent sex discrimination in the workplace.
- A Reporting Dashboard to capture relevant data in order to understand and inform decision-making relating to the prevention of workplace sexual harassment. By effectively compiling data relating to complaints, clubs will be able to demonstrate to the relevant regulators their compliance with these new obligations.
- A template Sexual Harassment Policy that is compliant with the relevant legislation to provide guidance as to how best to follow complaint procedure requirements and set out behavioural expectations for staff.
ClubsNSW has also set out the relevant recent circulars (linked below) to help you in accessing the required information:
- Circular 23-038 outlines the amendments to the Fair Work Act 2009 (Cth), which expressly prohibits sexual harassment in connection with work.
- Circular 23-028 provides the attached resources which our member clubs are able to download and implement accordingly.
- Circular 22-188 provides a summary of the changes that were introduced with the Respect at Work Bill 2022.
- Circular 22-147 provides a summary of a club’s positive duty obligations and the Australian Human Rights Commission’s new powers.
Sexual Harassment/Sex-Based Misconduct Training
If member clubs are interested in having ClubsNSW provide training for employees, management or their boards on sexual harassment, please contact ClubASSIST on 1300 730 001 or via enquries@clubsnsw.com.au.