The new Australian Positive Duty and what it means to you - Part 3: The importance of reporting and monitoring

Introduction

Welcome to Part 3 of this three part series. Part 1 explored the background of the Respect@Work legislation, its implications for businesses, and our progress so far. Part 2 looked deeper at the seven standards and the actions every business needs to take.

In this final part I’ll dive deeper into the importance of reporting and provide useful considerations when selecting technology to help you comply with the positive duty.

Disclaimer: While I am providing consulting services to RepSafe Pty Ltd, this article was written in my private capacity and does not represent the views or opinions of that, or any other, company. This article should not be taken as legal or other professional advice.

The Good Practice Reporting Framework

While policies and training are crucial, an essential part of an effective positive duty implementation is a well-designed reporting framework.?

It's important to note that traditional reporting channels such as relying on staff to raise issues with HR or using standard web forms or phone hotlines are not adequate.? The AHRC notes that these conventional approaches are ineffective, distrusted by workers, and even damaging to victims as they often limit the reporting channels, require an excessive level of information and even prevent earlier, more informal interventions.?

A good practice reporting framework addresses these limitations and offers a more inclusive and supportive environment for reporting incidents.

The Good Reporting Framework page on the Respect@Work site provides practical guidance on establishing a good practice framework based on nine key principles:

1. Accessibility, Clarity, and Simplicity: Reporting processes and information should be well-documented and easy to understand. Responsibilities and actions should be clearly defined, using plain and neutral language.
2. Timeliness: The framework should prioritise prompt and ethical resolution, avoiding slow, dismissive, or discouraging approaches towards victims.
3. Transparency: Information about the reporting process, including decision-making procedures, should be easily accessible and understandable.
4. Reporting Avenues: Various internal channels, both formal and informal, should be available. External channels should also be identified for workers to make reports of sexual harassment.
5. Resolution Pathways: Multiple options for resolution should be provided, with an emphasis on early intervention and giving the victim/complainant a voice. Acknowledgment that an investigation may not always be the best course of action.
6. Outcomes and Consequences: The potential consequences of substantiated sexual harassment allegations should be clearly outlined.
7. People-Centred: Prioritising the well-being and safety of victims and other impacted individuals. Support should be readily available and integrated into the processes.
8. Prohibition and Victimisation: Victimisation should be strictly prohibited, and consequences should be applied if it occurs.
9. Confidentiality: Clear boundaries of confidentiality should be established while a matter is being resolved. Victims should not be prevented from discussing their experiences once the matter is concluded.

Additionally, any report, regardless of its formality or outcome, should feed back into the risk management process.

Utilising Digital Platforms and Technology

Digital platforms and technology play a vital role in enhancing the effectiveness of reporting frameworks. These innovative tools provide greater flexibility and convenience for reporting incidents, including anonymous reporting options. They allow individuals to submit reports securely and confidentially, reducing fears of victimisation or traumatisation that may arise during an investigation process.?

Digital reporting platforms also facilitate the collection and analysis of incident data, offering organisations valuable insights to address systemic issues and develop targeted solutions.

Tips for Selecting Technology

As organisations seek technology solutions to support compliance with the positive duty, several factors come into play:

• Purpose-Built Solutions: Avoid the temptation to rely on generic tools like Google Forms or Survey Monkey. They lack the necessary security and functionality. Instead, opt for a Software as a Service (SaaS) solution designed explicitly for this purpose.
• Customization: Ensure that the chosen solution can be customised to meet your specific needs. This includes adding content related to your company's policies, adjusting reporting questions, or modifying dashboards.
• Data Security: Prioritise data security. Look for a solution that uses strong encryption in transit and at rest. This extra layer of security ensures that sensitive information remains protected.
• Accessibility & Usability: Verify that the chosen solution is accessible and user-friendly on both desktop and mobile devices, ensuring that all employees can easily engage with it.
• Confidentiality and Anonymity: Emphasise the importance of confidentiality, anonymity, and the protection of privacy. Look for a reporting solution that supports both formal (named) and informal (anonymous) reporting avenues.
• Integration: While integration is often sought after in IT solutions, in this case, it's important to maintain a standalone system to ensure true anonymity and privacy. Any integration should focus on verifying the person's identity as an employee or stakeholder without revealing personal information in the reporting process.

Repsafe: An Australian-made Reporting Tool

A good example of a digital reporting tool is Repsafe , a safe and anonymous reporting tool designed specifically for Australian organisations. Repsafe enables employees and stakeholders to report incidents securely and confidentially, whether identified or anonymous. It offers customisable questions and reports, along with a management workflow system to ensure timely and appropriate action. The platform also provides de-identified and aggregated data tailored for boards, offering a comprehensive picture of incidents within the organisation.

You can see a 5:30 demo below.

Wrap Up

The journey toward cultural change and compliance with the positive duty is still in its early stages. It's likely that more stories of workplace misconduct will come to light in the coming years.?

However, the introduction of the new Positive Duty in Australia signifies a significant milestone in the fight against sexual harassment and discrimination in the workplace. It serves as a crucial wake-up call for all of us, not just HR professionals..?

All employers and people conducting a business now have a legal obligation to proactively prevent unlawful conduct. This requires action across all the seven standards which includes implementing comprehensive policies, training programs, and, importantly, a good practice reporting framework.?

By adopting innovative digital tools like Repsafe, Australian organisations can continue to create safer, more inclusive work environments, where incidents of harassment and discrimination are swiftly addressed, and the voices of victims are heard and respected.

Useful Links

Here are those useful links again.

• Respect@Work: Sexual Harassment National Inquiry Report (2020) | Australian Human Rights Commission - The main page of the Respect@Work report
• The Positive Duty under the Sex Discrimination Act | Australian Human Rights Commission - has useful factsheets and guides
• For organisations | Respect@Work - the organisation page on the Respect@Work site
• New positive duty on employers to prevent workplace sexual harassment, sex discrimination and victimisation | Respect@Work ? - the positive duty page on the Respect@Work site
• Reporting | Respect@Work - the reporting page on the Respect@Work site.?
• Respect@Work Act 2022: Consequences for non-compliance - consequences for non-compliance analysis from SafeTrac, part of their Respect@Work 2022 content
• RepSafe - homepage for the Australian made and hosted incident reporting and tracking tool.