Workplace sexual assault
This page provides guidance about responding to workplace sexual assault incidents.
What is a sexual assault incident?
Under the Work Health and Safety (WHS) laws, a sexual assault incident means an incident (including a suspected incident) in relation to a workplace, that exposes a worker or any other person at the workplace to sexual assault.
For this purpose, sexual assault is:
- A sexual assault that has been reported to the Police
OR - A sexual incident that could be referred to police for an investigation, AND
- Is an act, sexual in nature, inflicted on someone, that a reasonable person believes has sexual connotations,
OR - Is an act inflicted on someone for the purpose of sexual arousal or sexual gratification. AND
- Includes sexual touching or sexual intercourse without consent.
Sexual assault can be perpetrated by anyone at the workplace. It could be an employer, supervisor, co-worker, client, patient or customer.
If any person experiences or witnesses sexual assault, they should notify ACT Policing on 131 444, or 000 if it is an emergency.
As the person conducting the business or undertaking (PCBU), from 9 June 2023, you must also report workplace sexual assault incidents to WorkSafe ACT.
Who needs to report workplace sexual assault incidents?
From 9 June 2023, duty holders who have a role in reporting sexual assault under the Work Health and Safety Act 2011 (the WHS Act) are:
- Persons conducting a business or undertaking (PCBUs)
Duty Holder | Definition |
|---|---|
PCBU | A PCBU is the person conducting the business or undertaking. A PCBU has the primary duty to make sure workers and other people are not exposed to psychosocial hazards arising from the business or undertaking. This duty requires PCBU’s to ‘manage’ risks by eliminating or minimising exposure to psychosocial hazards so far as is reasonably practicable. |
How to report workplace sexual assault incidents?
Unlike notifiable incidents, where the PCBU must contact WorkSafe ACT immediately using the fastest means available (normally this is over the phone), WorkSafe ACT is collecting notifications of sexual assault incidents using an online form.
This form will be available on this page and the Notify WorkSafe ACT page from 9 June 2023.
WorkSafe ACT will not forward or report a sexual assault incident to other authorities. The information we gather is very limited and in accordance with the Information Privacy Act 2014. The Privacy Policy can be found on the Privacy page on our website.
Support
If you, your workers or anyone who is exposed to a sexual assault incident needs immediate support, the following services may help:
- Canberra Rape Crisis Centre (CRCC) provide crisis support, counselling and support programs for men and women. 7am-10.30pm. Phone: (02) 6247 2525
- Domestic Violence Crisis Service (DVCS) provides crisis intervention and counselling, family violence program, education and information for the community. Phone (02) 6280 0900
- Access Mental Health provides free 24/7 service for assessment and treatment of mentally ill people in crisis situations. Phone 1800 629 354 or 6205 1065
- Lifeline has a 24/7 counselling service providing emotional support in times of crisis. Phone 13 11 14
- Beyond Blue has a 24/7 service providing emotional support in times need. Phone 1300 224 636
- Mental Health Line can connect you with a mental health professional. Phone 1800 011 511
- Headspace is a national youth mental health foundation that helps young people between 12-25 who are going through a tough time. Phone (02) 9114 4100
- Visit: Find a health service, seek health advice or information
Resources
More information:
On this page