Sexual harassment in our workplaces is unacceptable and will not be tolerated by the Department under any circumstances.
The Department encourages its employees to report all instances of sexual harassment. Disciplinary action may be taken against any person found to have sexually harassed another person in the workplace.
These FAQs aim to increase awareness of what workplace sexual harassment is, how to report it, what the consequences may be, who to contact for information and support and what online training is available.
The Department is committed to providing safe, inclusive and respectful workplaces, which are free from sexual harassment.
What is sexual harassment?
What behaviour may be included as sexual harassment?
What behaviour will not be considered sexual harassment?
I’m worried that if I make a complaint, I will be victimised. Will I be protected?
Who does the sexual harassment policy apply to?
How can schools use this Policy for volunteers, school council employees and contractors?
What are the consequences?
REPORTING
What do I do if I experience or witness sexual harassment?
What to do if the incident involves my manager or principal?
Should I report sexual harassment?
Should I make a report to the police?
Can I take my complaint to an external body?
INFORMATION AND SUPPORT
Who can I contact for information and support within the Department?
Your manager or principal
Workplace Contact Officers (WCOs)
Who can I contact for information and support outside the Department?
How can I learn more about my rights and responsibilities in regards to sexual harassment?
FURTHER ASSISTANCE
What is sexual harassment?
Sexual harassment is unwelcome conduct of a sexual nature towards another person which could reasonably be expected to make that other person feel offended, humiliated or intimidated.
A single incident is enough to be considered sexual harassment - it does not have to be repeated behaviour.
The person engaging in the unwelcome behaviour does not have to intend to be sexually harassing the other person for it to amount to sexual harassment. Regardless of what was intended, sexual harassment is defined by the nature and the impact of the behaviour, not the intention behind it.
Workplace sexual harassment will not be tolerated by the Department under any circumstances. More information can be found in the Department’s Sexual Harassment Policy on HRWeb under ‘Sexual Harassment’.
What behaviour may be included as sexual harassment?
Workplace sexual harassment may include a range of conductof a sexual nature. It can be physical, spoken or written. Some examples of workplace sexual harassment may include:
- comments about a person’s sex life or physical appearance
- comments of a sexual nature
- leering and staring
- unwanted touching such as brushing up against a person, fondling or hugging
- ‘flashing’
- sexual gestures or imitating a sexual act
- sexual propositions or repeated unwanted requests for dates
- making promises or threats in return for sexual favours
- sexual jokes
- offensive telephone calls, SMS text messages or communications on social media platforms
- displays of offensive photographs, reading matter or objects
- sending jokes or graphics of a sexual nature by e-mail, internet or fax
- unwelcome questioning about a person’s private life
- offensive screen savers
- unwanted requests for sex
- stalking, sexual assault, indecent assault or rape (which are also criminal offences)
- all aspects of employment, recruitment and selection, conditions and benefits, training and promotion, task allocation, shifts, hours, leave arrangements, workload, equipment and transport.
Where can sexual harassment occur?
Sexual harassment may include conduct which occurs at the workplace or at any location that employees may be considered to be carrying out work on behalf of the Department that is in the course of their employment. This may include conduct that occurs:
- in a taxi or work car travelling to an appointment (e.g. meeting or school visit)
- at a team lunch
- at an after hours Christmas function
- in an off-site training session facilitated by a third party
- on a school excursion
- at a conference
- across the Department’s IT channels including, Edumail, Compass, Polycom and SharePoint sites
- on social media platforms (e.g. Facebook).
What behaviour will not be considered sexual harassment?
Workplace sexual harassment will not include behaviour which is based on mutual attraction, friendship and respect. If the interaction is consensual, welcome and reciprocated, it is not sexual harassment.
I’m worried that if I make a complaint, I will be victimised. Will I be protected?
Victimisation is subjecting, or threatening to subject, someone to detriment because they made a complaint or helped someone else to make a complaint. This is unlawful under the Equal Opportunity Act 2010 (Vic) and the Sex Discrimination Act 1984 (Cth).
The Department will not tolerate victimisation. If you believe you have been or may be subject to victimisation, inform your manager or principal as soon as possible so that appropriate action can be taken.
Victimisation can also amount to misconduct and for employees it may be dealt with in accordance with the Department's misconduct procedures.
Who does the sexual harassment policy apply to?
The Sexual Harassment Policy applies to all Department employees in schools, central and regional offices, including:
- the Secretary and Deputy Secretaries
- Executive Directors, Directors, managers and principals
- employees (full time, part time, ongoing, fixed term, casual)
How can schools use this Policy for volunteers, school council employees and contractors?
The Department encourages this Policy to be used by schools for volunteers, school council employees and contractors. For further information visit the Sexual Harassment page on the School Policy Templates Portal.
What are the consequences?
Sexual harassment is unacceptable conduct and complaints will be managed under the Guidelines for Managing Complaints, Misconduct and Unsatisfactory Performance (Public Service) (Teaching Service).
Where sexual harassment is found to be substantiated, the consequences for the person against whom the complaint is made will depend on the particular circumstances. The consequences may include an apology, counselling, undertaking training, or disciplinary action, including termination of employment.
The Employee Conduct Branch must be contacted for advice regarding the appropriate course of action for managing allegations of sexual harassment. Contact the Employee Conduct Branch on 9637 2595 or by email at
REPORTING
What do I do if I experience or witness sexual harassment?
Anemployee who believes they have been sexually harassed should:
- if they feel comfortable doing so, inform the alleged harasser to stop and that the behaviour is unwelcome or offensive; or
- if they do not feel comfortable confronting the alleged harasser, report the incident to your manager or principal.
Further information about how to complain and the complaint procedure is available on the Complaints – information for employeespage on HRWeb.
What to do if the incident involves my manager or principal?
If the incident of sexual harassment involves an immediate manager or principal or you do not feel comfortable speaking with your manager or principal, then you can seek advice from the Employee Conduct Branch on 9637 2595 or by email at
You can find further information about who you can contact for information and support below.
Should I report sexual harassment?
All incidents of sexual harassment, no matter how large or small, or who is involved, need to be responded to swiftly and confidentially in accordance with Department policies.
If you experience or witness sexual harassment you should report the incident. Allegations of sexual harassment must be treated seriously and addressed promptly.
Should I make a report to the police?
Some types of sexual harassment may also be offences under criminal law. These include indecent exposure, stalking, sexual assault and obscene or threatening communications, such as phone calls, letters, emails, text messages and posts on social networking sites.
The Department encourages any employee who believes they have been the victim of a criminal offence to report the incident to Victoria Police as soon as possible, as well as reporting the matter to their manager or principal.
Can I take my complaint to an external body?
The Department is committed to providing safe and supportive work environments and allegations of sexual harassment will be dealt with seriously, promptly and fairly.
At first instance, the Department encourages its employees to use the internal complaints processes described above to resolve any complaints relating to sexual harassment. At any time during or followingthe internal complaints process, employees may also choose to take a complaint of sexual harassment to the following organisations.
Australian Human Rights Commission
Phone 1300 656 419 or website:
Victorian Equal Opportunity and Human Rights Commission (VEOHRC)
Phone 1300 292 153 or website:
INFORMATION AND SUPPORT
Who can I contact for information and support within the Department?
Your manager or principal
We encourage all staff to speak to their manager or principal to discuss any questions or concerns they may have regarding the conduct of any Department employee.
Workplace Contact Officers (WCOs)
The WCO network is a group of employees in central and regional offices who have volunteered and been trained as a point of contact for colleagues experiencing harassment, discrimination, bullying, victimisation or family violence. As a fellow employee, the WCO is a useful point of contact for employees if they experience or witness sexual harassment. Any WCO can be contacted for a confidential discussion and to seek information about where they can go for help, and they can be contacted at any time during work hours.
Contact details for the WCO network is available on the WCO page on HRWeb or can be downloaded here.
Who can I contact for information and support outside the Department?
Employee Assistance Program (EAP) and Manager Assist
1300 361 008
Provided by OPTUM, the EAP comprises two elements:
- A short-term solution-focused confidential counselling service consisting of up to four sessions for any work related or personal issue for employees.
- A dedicated Manager Assist telephone advisory service to provide management advice and support to managers and principals.
Victorian Equal Opportunity and Human Rights Commission (VEOHRC)
1300 292 153
Free and confidential dispute resolution service. VEOHRC also provides information about individual rights and responsibilities.
How can I learn more about my rights and responsibilities in regards to sexual harassment?
To learn more about your rights and responsibilities in regards to sexual harassment, you can read the Department’s Sexual Harassment Policy.
You can also complete the Equal Opportunity eLearning module. The EO module takes approximately 30 minutes to complete and covers sexual harassment, discrimination and victimisation.
FURTHER ASSISTANCE
Further information, advice or assistance on any matters related to sexual harassment is available by:
- speaking to your manager or principal
- reading the Sexual Harassment Policy, available on HRWeb
- visiting the Sexual Harassment page on HRWeb
- contacting the Employee Conduct Branch on 9637 2595 or email any query to
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