Workplace Sexual Harassment and Assault Policy Template - Australia

Purpose and legal effect of a sexual harassment and assault policy

A Workplace Sexual Harassment and Assault Policy is a key part of an organisation’s compliance, risk management, and workplace health and safety framework. It outlines the organisation’s commitment to creating a safe and respectful environment, defines prohibited behaviours, sets out reporting processes, and ensures consistency with applicable laws including the Sex Discrimination Act 1984 (Cth), Fair Work Act 2009 (Cth), and state and territory-based Work Health and Safety Acts.

This template has been designed to:

• Clearly define sexual harassment and sexual assault in accordance with Australian legal standards;
• Outline rights and responsibilities of staff, contractors, and management in preventing, identifying, and responding to misconduct;
• Provide safe, confidential, and trauma-informed reporting mechanisms;
• Support compliance with positive duty obligations under Sex Discrimination Act 1984 (Cth), as amended by the Respect@Work reforms;
• Establish a clear disciplinary, investigative, and resolution framework, aligned with principles of procedural fairness and victim safety.

Implementing this policy is essential to fulfilling the employer’s legal duty to eliminate sexual harassment and ensure the health, safety, and dignity of all people in the workplace.

Instructions for completion

Customisation and adaptation

This policy must be adapted to the organisation’s size, structure, industry context, and internal governance frameworks. Key areas to tailor include:

• Contact persons and support roles (e.g. HR Manager, Respect Officer, external EAP providers);
• Alignment with internal investigation procedures, grievance handling, and disciplinary processes;
• Reference to sector-specific risks (e.g. remote workforces, client-facing staff, FIFO operations);
• Integration with other policies such as Code of Conduct, Equal Opportunity, and Whistleblower Policy.

Legal and regulatory considerations

The policy must comply with legal obligations under:

• Sex Discrimination Act 1984 (Cth) – including the positive duty introduced by the Respect@Work reforms;
• Fair Work Act 2009 (Cth) – including the general protections, adverse action, and stop sexual harassment order provisions;
• Applicable state/territory Work Health and Safety legislation;
• Crimes Acts (in relevant jurisdictions) for conduct that constitutes criminal sexual assault or indecent acts.

Legal advice should be sought (e.g. from Maguire Legal at [email protected]) where:

• A report of serious sexual misconduct has been made;
• An internal investigation intersects with criminal proceedings;
• There is a need to develop complementary policies or formal prevention plans;
• You are implementing a Positive Duty Risk Assessment under guidance from the Australian Human Rights Commission.

Supplementary notes

• The policy should be widely distributed and made available in accessible formats.
• It should be incorporated into induction programs, training modules, and annual staff acknowledgments.
• All reports and actions should be recorded and stored in accordance with privacy and evidence management requirements.
• The policy should be reviewed annually or following legal changes, critical incidents, or workplace investigations.

Copyright and intellectual property notice

This document and its contents are subject to copyright protection under the Copyright Act 1968 (Cth) and all applicable intellectual property legislation. Unauthorised use, duplication, adaptation, or distribution is strictly prohibited without the prior written consent of Maguire Legal. Citation of excerpts is permitted only where full attribution is provided.

Legal disclaimer

This document has been prepared by Maguire Legal for general guidance purposes only. It does not constitute, and is not intended to constitute, legal advice. No warranties or representations are made as to its legal effect or suitability for specific circumstances. Users must exercise their own judgment and obtain independent legal advice prior to reliance. Maguire Legal disclaims all liability for any loss or damage arising from use of this document in whole or in part.

About Maguire Legal

Maguire Legal is an Australian law firm combining legal advice on all aspects of Australian employment, commercial, corporate and workplace relations law with exceptional business research skills and management development designed to build business capability in Australian enterprises of all types and size.