What Australia can learn from other Parliaments about sexual harassment and assaults

Brittany Higgins alleges that she was raped in her employer’s office by a work colleague after a night of drinking. Since mid-February 2021, other women have claimed to have been sexually assaulted in Parliament. The Attorney-General, Christian Porter, is taking some leave after revealing himself to be the person behind historical rape allegations. At the moment, Australian politics is wrapped up in itself over these scandals. Still, similar scandals have happened in other Parliaments, and the responses to these may provide guidance for Australia.

A small survey of female parliamentarians and staff in Europe in 2018 found the following

▪ 85.2 per cent of female MPs who took part in the study said that they had suffered psychological violence in the course of their term of office.
▪ 46.9 per cent had received death threats or threats of rape or beating.
▪ 58.2 per cent had been the target of online sexist attacks on social networks.
▪ 67.9 per cent had been the target of comments relating to their physical appearance or based on gender stereotypes.
▪ 24.7 per cent had suffered sexual violence.
▪ 14.8 per cent had suffered physical violence.

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Now there is too much mental health information, and it’s like toothpaste

Australia is experiencing a boom in occupational health and safety (OHS) information about work-related psychological harm, including sexual harassment at work. This level of information is long overdue, but a consequence of this “boom” is that employers can be very confused about which information to use and which source they should trust or even what relates to their specific circumstances, especially after years of denying there is a problem.

Putting on my consultant hat, I would advise any State-based organisation to comply with the OHS guidances issued by that State’s OHS regulator. If a national company, look towards the guidance of Comcare or Safe Work Australia for the national perspective. The challenge is greater for companies that operate in multiple States, but these have been rumoured to be less than 10% of Australian businesses. If multi-State, they should be big enough to have the resources for OHS compliance.

However, some State-based mental initiatives have evolved into a national platform.

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The PM expects Australian workplaces to be “as safe as possible”

Prime Minister Scott Morrison has set the occupational health and safety (OHS) bar unachievably high for Australian businesses.

Morrison is embroiled in a scandal about an alleged rape in a ministerial office, his knowledge of and response to it, and his government’s duty of care to political employees. Below is his response to this question from a journalist:

JOURNALIST: “What is your message to young women who might want to get into politics and see this and are just horrified by it. What’s your reassurance to them about getting involved in the Liberal party or other parties? “

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Norms and culture continue to impede change in Australia’s transport sector

Australia’s heavy vehicle transport industry has been involved in arguing about workplace health and safety for decades. It is also one of those issues that have been largely dominated by anecdotal evidence, as shown by the recent Australian Senate Committee hearings into the “Importance of a viable, safe, sustainable and efficient road transport industry“, much to the detriment of the occupational health and safety (OHS) of the drivers, the public safety of other road users and the families of those who die in road incidents.

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Business continuity planning by another name

Occupational health and safety (OHS) gets a mention in a full-page advertorial in the Australian Financial Review (AFR) (February 3 2021, page 33) revolving around the legal and business services of Clyde & Co. The advertorial contains a good example of the contemporary business jargon such as “organisational resilience” – a concept that has come to the fore during the COVID-19 pandemic.

“Organisational resilience” has several definitions but here is one used by the British Standards Institution:

“….the ability of an organization to anticipate, prepare for, respond and adapt to incremental change and sudden disruptions in order to survive and prosper.”

This has very strong similarities to the much longer-established concepts of “business continuity” or sustainability within which OHS has dabbled for decades.

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Odd sexual harassment guidance

Safe Work Australia has released an important national occupational health and safety (OHS) guidance called “Preventing workplace sexual harassment.” The advice included is very good, but the presentation is so plain and vanilla as to be unattractive – unattractive in that there is little to encourage anyone from reading what is very important information. No images, no flowcharts, no graphics, no infographics but perhaps most importantly – no case studies.

This is not to suggest that SWA guidance needs to look like a “Dummy’s Guide”, but readability is more than grammar, understanding comes from more than just information.

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