Sexual Discrimination Obligations of Choirs
ANCA has been made aware of recent changes to sexual discrimination legislation which may impact many choirs. Preventing sexual discrimination of any kind is an important issue and we welcome the focus it has received. At the same time we want to minimise the burden that the new obligations place on volunteers leading choir organisations so ANCA has prepared the following advice to assist members choirs.
Please note that the following should not be interpreted as legal advice. Members must make their own investigations to determine if the approaches proposed herein are suitable for their specific circumstances.
What is the Issue?
Persistent levels of sexual discrimination, harassment and abuse have been reported for many years. The Federal Government has determined that it is not sufficient for organisations and employers to merely react to reports of relevant unlawful behaviour of this kind. What is required is proactive steps to prevent this unlawful conduct occurring in the first place.
To this end the updated legislation imposes a Positive Duty on organisations to ensure, to the extent that is reasonably practicable, that relevant unlawful conduct doesn't occur within any workplace or organisation.
Does this Apply to my Choir?
The terminology applied is deliberately broad. It applies to incorporated and unincorporated associations, companies and sole traders that employ anybody under any employment arrangement and can include volunteers.
Volunteer organisations that don't employ anybody are excluded from the scope of the legislation. Everyone else is in.
If you employ a musical director under contract you owe this Positive Duty to everyone involved in interactions within your organisation. If you employ a person to run a workshop or work at the bar or run the sound system you owe this Positive Duty.
Who Owes this Duty?
The officers of incorporated associations, the person who engages a contractor on behalf of an unincorporated association and the directors of a company or trust owe the primary duty to demonstrate that they have discharged this Positive Duty.
How is this Achieved?
There is no one way to eliminate sexual discrimination and harassment. The guidelines prepared by the Australian Human Rights Commission, the body empowered to enforce these provisions, acknowledge that the size, nature of and resources available to an organisation are material to how the Positive Duty should be discharged.
ANCA have reviewed these guidelines and offer the opinion below as an approach that is likely to be considered proportionate to the resources and circumstances of a community choir. As a basic scenario we consider that the following would be sufficient to demonstrate appropriate endeavour to discharge a choir's Positive Duty under the legislation;
Your choir can do more or do things differently. There is no one right way to eliminate this conduct and innovation is encouraged.
To further assist member choirs ANCA has prepared a model Policy, a model Stage 1 Survey and a model Stage 2 Survey. If you have any queries or concerns relating to the information provided above please contact Tim Fisher on tim@anca.org.au.
Model Policy
The link below will connect you to the Model Policy. If you have any difficulties accessing the model policy please get in touch. https://www.anca.org.au/dbpage.php?pg=Sexdiscpolicy
Model Stage 1 Survey
You are receiving this anonymous survey because you are part of the community of [insert choir]. This may be in your capacity as an employee, contractor, volunteer or member.
[insert choir] is committed to eliminating sexual discrimination and harassment from our choir community and seek your input to ensure that there are no current concerns held by members at this time.
We would like to hear from you to confirm the existence or otherwise of any of the following relevant unlawful conduct within our choir community;
• discrimination on the ground of sex in a work context
• sexual harassment in connection with any choir activity, including social activities arranged by the choir
• sex-based harassment in connection with work
• conduct that amounts to subjecting a person to a hostile environment on the ground of sex
• related acts of victimisation.
If this survey uncovers any concerns that any of the conduct described above is occurring in our choir community we will instigate a more detailed, follow-up survey to assist the Management Committee to address concerns comprehensively.
Questions
Thankyou for participating in this survey. It is an important element of [insert choir] ensuring that our choir continues to be a source of joy and support for all members of our choir community.
Model Stage 2 Survey
You are receiving this anonymous survey because you are part of the community of [insert choir]. This may be in your capacity as an employee, contractor, volunteer or member.
[insert choir] is committed to eliminating sexual discrimination and harassment from our choir community. Unfortunately we have been advised of concerns that unlawful conduct is occurring within our choir community. This anonymous survey is intended to assist our Management Committee to identify the nature and context of the issues and take action, with the support of the whole choir community, to address this.
The scope and nature of the causes of sexual harassment are broad so this survey is quite extensive. Your insights are appreciated and critical to restoring an environment that is safe and respectful for all members of our choir community.
Questions
2.2 Do you believe that leaders of our Management Committee have witnessed unlawful conduct and failed to hold the perpetrators accountable? (Yes/No)
2.3 Do you believe that our Management Committee leaders have an appropriate attitude towards gender equality, diversity and inclusion? (Yes/ No)
2.4 Where issues of sexual harassment have been raised, do you consider that the effectiveness of measures implemented by our leaders has been adequate? (Yes/No)
3.2. Where issues of sexual harassment have been raised! Do you believe people are held accountable equitably regardless of their role or position in the choir? (Yes/No)
4.2 Do you believe we have a culture where members of the choir community have confidence that leaders will adequately address concerns raised? (Yes/No)
Thank you for participating in this survey. It is an important element of [insert choir] ensuring that our choir will be a source of joy and support for all members of our choir community.
ANCA has been made aware of recent changes to sexual discrimination legislation which may impact many choirs. Preventing sexual discrimination of any kind is an important issue and we welcome the focus it has received. At the same time we want to minimise the burden that the new obligations place on volunteers leading choir organisations so ANCA has prepared the following advice to assist members choirs.
Please note that the following should not be interpreted as legal advice. Members must make their own investigations to determine if the approaches proposed herein are suitable for their specific circumstances.
What is the Issue?
Persistent levels of sexual discrimination, harassment and abuse have been reported for many years. The Federal Government has determined that it is not sufficient for organisations and employers to merely react to reports of relevant unlawful behaviour of this kind. What is required is proactive steps to prevent this unlawful conduct occurring in the first place.
To this end the updated legislation imposes a Positive Duty on organisations to ensure, to the extent that is reasonably practicable, that relevant unlawful conduct doesn't occur within any workplace or organisation.
Does this Apply to my Choir?
The terminology applied is deliberately broad. It applies to incorporated and unincorporated associations, companies and sole traders that employ anybody under any employment arrangement and can include volunteers.
Volunteer organisations that don't employ anybody are excluded from the scope of the legislation. Everyone else is in.
If you employ a musical director under contract you owe this Positive Duty to everyone involved in interactions within your organisation. If you employ a person to run a workshop or work at the bar or run the sound system you owe this Positive Duty.
Who Owes this Duty?
The officers of incorporated associations, the person who engages a contractor on behalf of an unincorporated association and the directors of a company or trust owe the primary duty to demonstrate that they have discharged this Positive Duty.
How is this Achieved?
There is no one way to eliminate sexual discrimination and harassment. The guidelines prepared by the Australian Human Rights Commission, the body empowered to enforce these provisions, acknowledge that the size, nature of and resources available to an organisation are material to how the Positive Duty should be discharged.
ANCA have reviewed these guidelines and offer the opinion below as an approach that is likely to be considered proportionate to the resources and circumstances of a community choir. As a basic scenario we consider that the following would be sufficient to demonstrate appropriate endeavour to discharge a choir's Positive Duty under the legislation;
1. Adopt a Sexual Discrimination Policy and share it with employees, contractors, volunteers and members. This will include an incident reporting and management process.
2. Conduct an anonymous annual survey of employees, contractors, volunteers and members to identify if any unlawful conduct is happening. If the Stage 1 survey identifies no concerns then no additional action is required. If concerns are identified then the Stage 2 survey should be performed and action taken on the information obtained
3. Include Sexual Discrimination as a standing agenda item and record the outcome of annual surveys and agreed actions as they arise. If your choir is to perform in a setting which represents a higher risk of encountering unlawful conduct (particularly from the Public), record and mitigation strategies in your meeting minutes accordingly.
2. Conduct an anonymous annual survey of employees, contractors, volunteers and members to identify if any unlawful conduct is happening. If the Stage 1 survey identifies no concerns then no additional action is required. If concerns are identified then the Stage 2 survey should be performed and action taken on the information obtained
3. Include Sexual Discrimination as a standing agenda item and record the outcome of annual surveys and agreed actions as they arise. If your choir is to perform in a setting which represents a higher risk of encountering unlawful conduct (particularly from the Public), record and mitigation strategies in your meeting minutes accordingly.
Your choir can do more or do things differently. There is no one right way to eliminate this conduct and innovation is encouraged.
To further assist member choirs ANCA has prepared a model Policy, a model Stage 1 Survey and a model Stage 2 Survey. If you have any queries or concerns relating to the information provided above please contact Tim Fisher on tim@anca.org.au.
Model Policy
The link below will connect you to the Model Policy. If you have any difficulties accessing the model policy please get in touch. https://www.anca.org.au/dbpage.php?pg=Sexdiscpolicy
Model Stage 1 Survey
You are receiving this anonymous survey because you are part of the community of [insert choir]. This may be in your capacity as an employee, contractor, volunteer or member.
[insert choir] is committed to eliminating sexual discrimination and harassment from our choir community and seek your input to ensure that there are no current concerns held by members at this time.
We would like to hear from you to confirm the existence or otherwise of any of the following relevant unlawful conduct within our choir community;
• discrimination on the ground of sex in a work context
• sexual harassment in connection with any choir activity, including social activities arranged by the choir
• sex-based harassment in connection with work
• conduct that amounts to subjecting a person to a hostile environment on the ground of sex
• related acts of victimisation.
If this survey uncovers any concerns that any of the conduct described above is occurring in our choir community we will instigate a more detailed, follow-up survey to assist the Management Committee to address concerns comprehensively.
Questions
- Have you experienced or are you aware of any incidence of discrimination on the ground of sex in a work context occurring within the activities of [insert choir]? (Yes/No)
- Have you experienced or are you aware of any incidence of sexual harassment in connection with any choir activity, including social activities, arranged by the choir? (Yes/No)
- Have you experienced or are you aware of any incidence of sex-based harassment in connection with your work for [insert choir]? (Yes/No)
- Have you experienced or are you aware of any incidence of conduct that amounts to subjecting a person to a hostile environment on the ground of sex in any choir or choir-organised activity? (Yes/No)
Thankyou for participating in this survey. It is an important element of [insert choir] ensuring that our choir continues to be a source of joy and support for all members of our choir community.
Model Stage 2 Survey
You are receiving this anonymous survey because you are part of the community of [insert choir]. This may be in your capacity as an employee, contractor, volunteer or member.
[insert choir] is committed to eliminating sexual discrimination and harassment from our choir community. Unfortunately we have been advised of concerns that unlawful conduct is occurring within our choir community. This anonymous survey is intended to assist our Management Committee to identify the nature and context of the issues and take action, with the support of the whole choir community, to address this.
The scope and nature of the causes of sexual harassment are broad so this survey is quite extensive. Your insights are appreciated and critical to restoring an environment that is safe and respectful for all members of our choir community.
Questions
- Have you experienced or are you aware of any incidence of sexual harassment within our choir community? (Yes/No). If yes continue to question 2. If no, jump to question
- Feedback on the organising committee
2.2 Do you believe that leaders of our Management Committee have witnessed unlawful conduct and failed to hold the perpetrators accountable? (Yes/No)
2.3 Do you believe that our Management Committee leaders have an appropriate attitude towards gender equality, diversity and inclusion? (Yes/ No)
2.4 Where issues of sexual harassment have been raised, do you consider that the effectiveness of measures implemented by our leaders has been adequate? (Yes/No)
- Feedback on your experiences of power imbalances within the organisation
3.2. Where issues of sexual harassment have been raised! Do you believe people are held accountable equitably regardless of their role or position in the choir? (Yes/No)
- Organisational Culture
4.2 Do you believe we have a culture where members of the choir community have confidence that leaders will adequately address concerns raised? (Yes/No)
- Feedback about our choir’s commitment to gender equality, diversity and inclusion.
- Do you think all members of our choir community have a clear understanding of what constitutes relevant unlawful conduct in the sexual harassment sense? (Yes/No)
- When you consider where you feel at risk of experiencing relevant unlawful conduct, which of the following apply;
- At rehearsals
- At performances
- At social functions arranged by the choir
- Other - please specify
- Have the choir’s policy and risk management processes implemented to date been effective in eliminating relevant unlawful conduct. (Yes/No)
- If No, please specify why
- Do you consider that your experiences of relevant unlawful conduct have been significantly worsened by factors such as ethnicity, race, gender, sexual orientation, disability, or age? (Yes/No)
- If yes, please specify how
- How would you rate your knowledge of available support options and reporting processes for those who witness or experience relevant unlawful conduct? (Scale of 1-5 where 1 is poor to 5 is very good)
- If you have experienced or witnessed relevant unlawful conduct within our choir community, what has been your approach thereafter?
- Ignore the incident and take no action
- Leave the choir and make no report
- Tell someone in the choir and hope that they will pass it on
- Respond to an anonymous survey that relevant unlawful conduct had occurred
- Tell a member of the Management Committee but hear nothing further about it
- Make a report to the Management Committee but hear nothing further about it
- Make a verbal or written report to the Management Committee and engage in a process to address the conduct
- Made a report to an external organisation but hear nothing further about it
- Made a report to an external organisation and engage in a process to investigate the conduct
- Made a report to any pathway and experienced damaging side-effects
- Made a report to any pathway and experienced a satisfactory outcome
- How would you rate your satisfaction with, and trust of, reporting processes and supports provided (including outcomes and action taken) by our choir? (Scale of 1-5 where 1 is poor to 5 is very good)
Thank you for participating in this survey. It is an important element of [insert choir] ensuring that our choir will be a source of joy and support for all members of our choir community.
