Sexual Harassment Prevention Policy

1. General

Why have a sexual harassment prevention policy?

The [insert name of Choir] is committed to a safe, respectful and inclusive choir environments, free from sexual harassment.
Sexual harassment will not be tolerated under any circumstances.
Sexual harassment is unlawful and prohibited by the Sex Discrimination Act 1984 (Cth).
By having a standalone prevention policy, we call attention to what sexual harassment is, how it manifests in the choir environment, and the role we all play in preventing it.
Sexual harassment is a social issue and a work health and safety issue. We have a duty of care to ensure, so far as is reasonably practicable, the health and safety of workers, volunteers, contractors and members. This includes managing the risk of sexual harassment.

What is sexual harassment?

Sexual harassment is any conduct:

that is unwelcome (whether or not the person impacted has explicitly identified it as unwelcome or raised a concern about the conduct)
of a sexual nature (a sexual advance, request for sexual favours or other conduct of a sexual nature)
that a reasonable person (aware of all the circumstances) would anticipate could possibly make the person subjected to the conduct feel offended, humiliated or intimidated.

It can be physical, verbal or written, including through online and phone communication.
Examples of behaviour that could be sexual harassment in choir activities include:

unwelcome or inappropriate touching, hugging, cornering or kissing
inappropriate staring or leering that makes the other person feel intimidated
actual or attempted sexual assault
being followed or watched or having someone loitering nearby
sexual gestures, indecent exposure or inappropriate display of the body
displaying sexually explicit images or objects
intrusive or sexually suggestive questions, comments or jokes
comments or questions about a person’s sexual activities or body
unwanted or repeated invitations to go out on dates, start a relationship or propositions for sex
emailing pornography or rude jokes
sending sexual text messages, including photos, videos or memes
communicating content of a sexual nature through social media
threatening to share or sharing intimate images/video of someone without consent
ongoing unwelcome contact (e.g. in person, by phone, via social media) following the end of a consensual relationship.

It should not be assumed that a person consents to another person’s behaviour simply because they have not complained about it. Power imbalances and concerns about victimisation or reprisal may prevent the person from expressly objecting to the behaviour.

2. Purpose

The purpose of this policy is:

to ensure all members of our choir community (workers, volunteers and members) understand the standards of behaviour expected of them and their legal rights and responsibilities in relation to sexual harassment occurring within our choir environment
to ensure all members of our choir community understand what sexual harassment is, how to prevent it, and how to respond to it in a way that minimises harm and ensures they meet their legal responsibilities.

3. Scope

This policy concerns prevention of sexual harassment.
This policy applies to all employees, contractors, volunteers and members carrying out work in any capacity for [insert Choir].
A ‘workplace’ in this context is a place where choir activity is carried out, including all rehearsals and performances, wherever they occur. It includes any social activity arranged by the choir.
This policy applies to all interactions between employees, contractors, volunteers, members and the general public, in person and online. It applies to any recruitment activity.

4. Breach

Sexual harassment and other behaviour that contravenes this policy is unlawful conduct and will be considered as misconduct under the rules of our organisation. [Insert choir] will deal with misconduct in proportion to the incident and in accordance with the needs of the person(s) impacted by the unlawful conduct. Outcomes will range from an apology, formal warning, suspension for a period of time or dismissal (from employment or membership) from [Insert choir] without compensation. The investigation of any reported incident will be carried out by an Executive member of the Management Committee that is not a party to the incident or conduct. If no member of the Executive satisfies this requirement or feels competent to undertake an investigation the Management Committee of the choir will appoint an independent investigator at its sole discretion.
Members, employees, contractors and volunteers acknowledge that they will abide by the outcome of such an investigation and will have no recourse to appeal or contest the final outcome. The outcome of any investigations will be shared with the whole group to the extent that the person(s) impacted by the unlawful conduct give permission for this to be done and without mentioning specific names.

5. Roles and responsibilities

Employees

All members of our choir community (employees, contractors, volunteers and members) must:

comply with this policy
Treat others with dignity, courtesy and respect and not engage in sexual harassment or condone sexual harassment by others
seek assistance when unsure about how to implement this policy

Management Committee Members

In addition to their responsibilities above, those elected to leadership roles must also:

promote a culture where sexual harassment is unacceptable
communicate and promote this policy to the choir
challenge inappropriate behaviour
encourage an environment where people feel safe to report sexual harassment
prioritise the care and support of those impacted when responding to issues raised with them or observed
treat all reports of sexual harassment seriously and confidentially and take prompt action to address them (taking into account the wishes of the person subjected to the harassment)

6. Prevention

Where and how sexual harassment may occur

Sexual harassment is prohibited by law in [insert choir’s] activities and choir-related situations.
This is not confined to the actual physical location used by the choir. It includes any place where choir-related activities are carried out and extends to common areas such as lifts, entrances, vehicles, reception areas, corridors, kitchens and toilets of the premises.
[Insert choir] is committed to taking a proactive and holistic approach to prevent sexual harassment in our choir community. This is consistent with work health and safety legislation.

Alcohol and sexual harassment

Consumption of alcohol at choir functions or choir-related events can increase the risk of sexual harassment occurring. Sexual harassment is unlawful and unacceptable in any setting, regardless of where it occurs, including when individuals have been consuming alcohol. Individuals should regulate their own behaviour and consumption of alcohol to ensure their behaviour does not adversely impact others.

Risk assessment

[insert choir] has identified that it is categorised as an employer under the legislation. The legislation imposes a positive duty upon [insert choir] to eliminate risks to the health and safety of workers and other people so far as is reasonably practicable. If it is not reasonably practicable to eliminate risks, they must be minimised so far as is reasonably practicable.
An employer who fails to maintain a safe workplace may be held liable under common law or under applicable work health and safety legislation. From 1 December 2023, an employer who fails to discharge its positive duty to prevent sexual harassment may be required to comply with an enforcement notice. An employer may also be held liable for sexual harassment by workers under anti-discrimination legislation if they fail to take all reasonable steps to prevent the harassment.
Prevention requires identification of risks. The Management Committee will regularly seek feedback from all employees, contractors, volunteers and staff, by way of an anonymous survey, regarding any concerns that may be held regarding the existence of unlawful conduct within the choir, whether it is formally reported or not.
Should the choir perform or conduct an activity in an environment that is known or suspected to be a high risk to employees, contractors, volunteers or members due to the nature of third parties who may be present then the Management Committee will conduct a risk assessment and agree with all attendees the appropriate risk mitigation strategies to adopt in that situation.

Transparency

[Insert choir] is committed to transparency on the number of incidences of sexual harassment in the organisation. This builds confidence in our reporting processes.
This does not mean full disclosure of all the details or disclosure of any reports which are found to be intentionally falsified or vexatious, but rather considered sharing where possible of relevant deidentified information on a regular basis to encourage organisational learning and prevent similar incidents from happening in the future. In doing so, [insert choir] will ensure confidentiality and privacy is maintained, and that no personal information or information which otherwise identifies victims or perpetrators can be ascertained from that data or any shared learning (or other) material.

Diversity and Inclusion

Diverse and inclusive principles are essential for building safe and respectful environments that are free from sexual harassment. Addressing gender inequality is fundamental to eliminating sexual harassment.

Knowledge and education

[Insert choir] will ensure all leaders, employees, contractors, volunteers and members are provided with access to this policy to raise their awareness of the issues involved and maximise the chance that any concerns are shared.

7. Reporting Sexual Harrassment

General

[Insert choir ] strongly encourages individuals who have been sexually harassed or have witnessed sexual harassment to report the behaviour.
[Insert choir ] will take all reports of sexual harassment seriously. The response to the report will be guided by the person making the report.
Making a report about sexual harassment does not necessarily automatically trigger a formal investigation, although that may be appropriate in some cases. Support, advice and early intervention may prevent further or more serious instances of sexual harassment from occurring.
People are encouraged to make timely reports, while being reassured they will not be treated unfairly because of any delay in reporting harassment.

- Responding to and reporting sexual harassment as a bystander

[insert choir] strongly encourages and supports bystanders to call out and report inappropriate behaviour where it is safe for them to do so. Bystanders who witness sexual harassment are encouraged to:

provide support to the person who is being subjected to sexual harassment
formally or informally challenge concerning behaviour (if it is safe and they feel confident enough to do so)
report sexual harassment.

A range of reporting pathways

Options available to report sexual harassment include:

seeking support, advice and making a disclosure
reporting internally to [insert choir]
reporting to an external authority.

Incidents of sexual harassment can be reported informally, formally, anonymously and confidentially. Reporting pathways are outlined in more detail below.

- - Seeking support, advice and making a disclosure

People who have experienced or witnessed sexual harassment can:

speak to any member of the Management Committee or any other choir member to raise concerns, receive support and discuss options that could help resolve the issue
seek advice from an external body, e.g. Australian Human Rights Commission,
Individuals may wish to raise the issue directly with the other person(s) involved if they feel safe and comfortable to do so. However, there is no expectation or requirement for this.

Report internally

Where self management is not appropriate or does not resolve the matter, a report can be made (verbally or in writing) to [insert choir]. Reports can be made to any member of the Management Committee. Conduct can be reported anonymously via the annual survey and the Management Committee will instigate consultation with the choir to positively address preventative measures accordingly.
Where a report of sexual harassment is received, [insert choir] will ensure the person impacted receives appropriate support and is involved in decisions about how to respond. All reports will be responded to promptly, taken seriously, and treated confidentially. Steps will be taken to protect anyone who makes a report from reprisals, adverse treatment or victimisation
In cases of sexual assault, employees will be supported to make a report to the police and referred to specialised sexual assault support services.

Report to an external agency

A formal report about sexual harassment can be made to the following agencies:

Australian Human Rights Commission
Fair Work Ombudsman

The person impacted can make an external report regardless of whether they have raised a complaint internally.

Responding to a Report

[insert choir] is committed to taking a trauma-informed and person-centred approach when responding to reports of sexual harassment. This includes:

ensuring the safety, privacy and wellbeing of the person impacted are prioritised
listening to the person impacted in a compassionate, nonjudgmental and sensitive manner
ensuring all processes are designed to minimise harm
ensuring reports are handled fairly, impartiality and reasonably in accordance with procedural fairness principles
ensuring all participants in the process have clear information about the process and how procedural fairness will be provided
ensuring confidentiality is understood and maintained
ensuring responses are provided in a timely manner.

[Insert choir] will always seek input from the person impacted on how they would like the matter resolved and take this into account in determining how to proceed with the complaint. Where possible, [Insert choir] will explain its reasons if it does not handle or resolve the complaint in the way requested by the person impacted.
In some cases, the person impacted may not want any action taken and is reporting the behaviour so that the organisation knows that it has occurred. [Insert choir] has an obligation to deal with any wrongdoing it becomes aware of. In some cases, action may be warranted, even where the person impacted states that they do not want any further action to be taken. This may be the case in situations where the behaviour constitutes a work health and safety risk or a criminal offence or requires disciplinary action to be taken or where there have been repeated complaints regarding an individual’s behaviour.

Informal Resolution

Informal resolution or management is where the issue is resolved internally, without a formal response or investigation. Rather than making a determination as to whether the conduct occurred, the aim is to stop escalation or future incidents by educating the alleged harasser about acceptable standards of behaviour and mitigating the risk of the conduct repeating in the future.
Responding to issues through informal resolution may include:

a leader, manager or supervisor speaking to the alleged harasser about their behaviour

Work, Health and Safety Investigation

Where a worker has chosen to report the sexual harassment as a work health and safety hazard, or the incident has been identified as a work health and safety hazard, [insert choir] will conduct an investigation in accordance with the principles detailed above.

Formal Investigation

Where a formal investigation is appropriate or is the preference of the person impacted, [insert choir] will appoint an internal or external investigator to investigate the allegation/s and make factual findings, and report to [insert choir], which will then decide an outcome in accordance with the options detailed in this policy.
Investigations will be conducted in a confidential, impartial, timely and fair manner. Investigations will adopt a trauma-informed approach, with awareness of power imbalances that may exist between the parties.
The parties involved will be notified of their right to have a support person to assist them throughout the process.
[insert choir] will begin the investigation as soon as possible and aim to finalise a formal investigation within 90 business days. The parties will be kept regularly informed during the period of the investigation.
In some circumstances, the person who is the subject of a complaint may be suspended from attending choir activities whilst an investigation is ongoing and/or a decision is made in relation to the complaint.

Procedural Fairness

[insert choir name] acknowledges that for people who are the subject of allegations of wrongdoing, the experience may be stressful. [insert choir name] will protect their rights by:

assuring them that any report will be dealt with impartially, fairly and reasonably in accordance with the principles of procedural fairness
confirming that the report is an allegation only if and until information or evidence obtained through an investigation substantiates the allegation
providing them with information about their rights and the progress and outcome of any investigation
allowing both parties the opportunity to respond to any allegations made against them before any report is finalised and a final decision is made.

Any reports made that are found to be intentionally falsified or vexatious in nature will be actioned accordingly – noting that this conduct may itself amount to misconduct under the rules of the association.

Confidentiality, Privacy and Transparency

It is expected that all people involved in an investigation will keep details of the allegation confidential until the investigation has concluded. Failure to do so may result in further consequences or disciplinary action.
Ensuring confidentiality does not prevent the people involved from seeking support.
Some information reported may need to be disclosed to involved parties in order to properly investigate the matter.
Once the matter is finalised, [insert choir] will not restrict the impacted person's right to speak in their personal capacity.

Protection Against Victimisation

Victimising another person for making an allegation or report of sexual harassment is unlawful under the AntiDiscrimination Act and the Sex Discrimination Act, unless it involves lawful action in relation to an allegation that is proven to be false and not made in good faith.
Victimisation of people who have, or might, complain of sexual harassment, as well as bystanders or people perceived to have helped a person make a report of sexual harassment, is also unlawful.

8. Monitoring and Evaluating

[insert choir] is committed to effective monitoring, evaluation and organisational learning processes that will foster a safe and respectful choir environment. This includes:

regularly consulting with members of our choir community to identify any concerns that unlawful conduct is occurring anywhere within the choir
Addressing sexual harassment as a standing agenda item at all Management Committee meetings
sharing information about issues that arise with all members of our choir community

Sources of external support available to employees, contractors, volunteers and members include:

Service Provider	Contact Details
Australian Human Rights Commission	www.humanrights.gov.au Info Line: 1300 656 419 (local call) TTY: 1800 620 241 (toll free) Fax: (02) 9284 9611 Email: infoservice@humanrights.gov.au
Fair Work Commission	https://www.fwc.gov.au/about-us/contact-us Phone: 1300 799 675
Lifeline Australia	https://www.lifeline.org.au/ Phone: 13 11 14 (24hour crisis support)
1800 RESPECT	https://www.1800respect.org.au/ Phone: 1800 737 732 (24hour support for those experiencing or at risk of experiencing domestic, family or sexual violence)
Rainbow Sexual, Domestic and Family Violence Helpline	https://fullstop.org.au/contact-us Phone: 1800 497 212 (24hour support for anyone from the LGBTIQ+ community whose life has been affected by sexual domestic and/or family violence)
QLife	https://qlife.org.au/ Phone: 1800 184 527 (3pm – midnight – provides anonymous and free LGBTIQ+ peer support and referral for people in Australia wanting to talk about sexuality, identity, gender, bodies, feelings or relationships)
eSafety Commissioner	https://www.esafety.gov.au/report