Gendered Violence and Sexual Harassment

Gendered Violence and Sexual Harassment

Some types of behaviour are considered especially inappropriate not only because of the effect on the victim, but the underlying attitudes of the perpetrators which give rise to such behaviours.

If a person is made to feel uncomfortable, unsafe, threatened, ashamed, inferior, excluded, embarrassed or humiliated because of their sex, gender, sexual orientation, or because they do not adhere to dominant gender stereotypes or socially prescribed gender role, this is considered gendered violence.

This can include:

  • Stalking
  • Intimidation
  • Verbal abuse
  • Rude gestures
  • Offensive language and imagery
  • Sexual harassment
  • Physical assault including sexual assault and rape
  • Put downs, innuendo and insinuations
  • Ostracism and exclusion
  • Being undermined in your work or position

Gendered Violence Risk Assessment Tools for HSRs

To help HSRs and workers better understand the risk of gendered violence in their workplaces, the Women's Team and the OHS Team at Trades Hall have developed the risk assessment tools below. They address the three areas which are likely to give rise to gendered violence risks: environment, work design and policies. 

Click to access Gendered Violence Risk Assessment Tools for HSRs.

Here's a poster for HSRs to display in their workplaces to help them and their workmates identify workplace gendered violence. Click to download:

Gendered Violence Risk Assessment Tools for HSRs

To help HSRs and workers better understand the risk of gendered violence in their workplaces, the Women's Team and the OHS Team at Trades Hall have developed the risk assessment tools below. They address the three areas which are likely to give rise to gendered violence risks: environment, work design and policies. 

Click to access Gendered Violence Risk Assessment Tools for HSRs.

Gendered Violence and OHS laws

Gendered violence is a workplace hazard.

Employers have a duty to provide a safe workplace under section 21 of the OHS Act 2004 as well as the duty to provide adequate training and information for you to be able to perform your role safely. They also have the duty to monitor the conditions of the workplace to make sure they are safe under section 22 and the duty to consult on matters relating to health and safety under Section 35. The OHS Act empowers HSRs to take action on gendered violence.

This includes providing a safe system of work, information, training and supervision. The employer has the duty to take all reasonable steps to reduce the risk to employees. The employer must consult with the OHS reps and the workers in these situations.

The new Occupational Health and Safety (Psychological Health) Regulations 2025 also require your employer to eliminate or mitigate psychosocial hazards using a modified Hierarchy of Controls.

A workplace in which gendered violence is causing physical, sexual or psychological harm to a worker is clearly in breach of this. This locates the issue within an OHS framework, and therefore it can be dealt with like any other OHS issue.

If you're an elected HSR or deputy HSR, you can now enrol to do a specific Refresher course (on paid leave as it is an accredited course under s67 of the OHS Act).    To find out more about the Work-related gendered violence course, go here: Knowledge is power in fight against gendered violence

 

Gendered Violence and Human Rights laws

Under the Equal Opportunity Act 2010, organisations have a positive duty to eliminate discrimination, sexual harassment and victimisation as far as possible. This means that positive action should be taken to prevent these behaviours – regardless of whether someone has made a complaint.

Victoria is unique in having a positive duty, which creates an opportunity to prevent unlawful behaviour. It helps organisations put a healthy workplace culture in place, just as occupational health and safety laws require employers to take appropriate steps to ensure injuries don’t occur.

The positive duty is about addressing the systemic causes of discrimination, sexual harassment and victimisation.

 

OHS Reps resources

 

VTHC Training

 

 

Other useful Union publications:

 

WorkSafe resources:

 

Safe Work Australia resources:

 

Victorian Equal Opportunity and Human Rights Commission resources

 

 

Updated May 2025

Gendered Violence Risk Assessment Tool
About this resource: To help HSRs and workers better understand the risk of gendered violence in their workplaces, the Women's Team and the OHS Team...
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