Understand the risk factors for unacceptable behaviour 

It is essential that you understand the risk factors for unacceptable behaviours in your workplace. 

Different art forms and work arrangements have different risk factors. 

For example, workers that have close interactions with members of the public, especially in licenced venues, are at a higher risk of unacceptable behaviour from patrons.

Examples of other factors that create heightened risks include: 

• isolated work
• working with children and young people
• workplaces with a lack of diversity
• work involving nudity or work of a sexual nature. 

It is essential to consult with workers to properly understand the risks. 

Any past reports or concerns raised by workers (even if they were raised informally) should also inform your understanding of the risks.

You must understand the risks so you can manage them. 

Set the standard for the behaviours you expect 

Setting behavioural standards means:

• identifying the behaviours you expect from people in your workplace
• identifying the behaviours you will not accept. 

Identifying the positive behaviours you want to see in your workplace can: 

• help you shape how people in your organisation interact
• support you to promote and embed respect in your organisational culture
• be an opportunity to align the values or your organisation with the behaviours you want to see. 

However, it’s just as important that people understand what is not acceptable – not just in your workplace, but in some cases according to the law. 

Unacceptable behaviours include: 

• discrimination
• harassment
• bullying
• victimisation
• unsafe behaviour that causes harm or the risk of harm. 

Unacceptable behaviour may also be conduct that does not align with the values of your organisation. 

A written workplace policy is a key way of communicating your behavioural standards to your workers. An effective policy: 

• sets standards of behaviour and how they will be upheld
• identifies the consequences for engaging in unacceptable behaviour.

Your behavioural standards should be applied to all parts of your organisation — including hiring and recruitment, managing workers, working with other businesses, and ending work arrangements.

Make sure your workers understand the behaviours you expect of them

It is essential that your workers understand the behaviours you expect from them. Training is key part of implementing your workplace policy.

Your workers need to understand:

• what the unacceptable workplace behaviours are
• the impacts of unacceptable workplace behaviour
• what can happen if workplace behavioural standards are not met.

All workers need training, whether they are new to the work or highly experienced. Training includes: 

• training for new workers
• refresher training, including for workers who have been away and are returning, or after there has been a breach of the policy
• training if there’s a change to the policy or the law.

You need to be sure your workers understand the training and instruction they’ve received. This means considering their diverse needs. For example, by:

• using translation and interpretation to train linguistically diverse workers
• providing alternative training options for neurodiverse or remote workers,
• providing age-appropriate and extra support for new or young workers. 

Be sure to keep records that shows that they understood the training.

Make sure your workers know how to raise concerns

It is essential that workers have a way to report any concerns they have about workplace behaviours. This means that they know how to do it and that it’s accessible. 

A reporting process:

• helps you communicate to your workers that you take respect and inclusion seriously and that you want to hear from them if they have concerns
• helps you to address and respond to workplace behaviour issues as they arise
• helps you meet legal obligations to prevent and address unlawful behaviour. 

Your reporting process needs to be:

• communicated to all your workers. One way to do this is to include it in a workplace policy
• accessible to all workers. You may need to consider different reporting pathways so different workers can make a report. For example, someone working in a different venue or who is travelling or on tour may need an online option instead of an in-person option or paper form
• culturally and psychologically safe for workers to participate in.

Your workers must have confidence in the reporting process. 

In the creative industries, where work is often inherently insecure, artists and arts workers can be reluctant to raise concerns for fear of losing work or harming relationships. This can mean that unlawful conduct continues and that harm escalates. 

It’s important to keep this in mind when you design your process, and make sure that your process supports people to report. 

You must make sure that people who raise concerns don’t suffer negative consequences because they made a report. This can cause further harm and trauma. Victimisation can compromise the accuracy and fairness of any investigation or outcome. It is also unlawful.

Reports should be kept confidential (on a need-to-know basis), taken seriously and acted on. Always respond to anyone who makes a report, and inform them about how their report may be dealt with. 

Tip:  You can include your reporting process in your unacceptable workplace behaviours policy or in a workplace grievance policy.

Have a process for responding to concerns

It is essential that you have a process for responding to concerns about respect and inclusion – including reports of unacceptable workplace behaviour.

A response process sets out how your organisation may address the concerns raised, and how that concern may be resolved. 

In some cases, there might be laws that set out how you respond. For example, in cases of criminal assault or a notifiable safety incident. Your response process should be transparent, impartial and, where appropriate, trauma informed.

Where concerns involve racism, discrimination or cultural harm, organisations should consider whether culturally informed supports or processes are appropriate.

Tip:  You can set out your response process in an unacceptable workplace behaviours policy or grievance policy.

Support workers who experience unacceptable behaviours

It is essential that workers who experience unacceptable workplace behaviours:

• can find information about their rights and what support is available
• have access to support.

This is regardless of whether they make a report or not. 

Not all workers will want to make a report – and that’s their choice. A worker cannot be compelled to report unacceptable workplace behaviours. Information and support should be readily accessible outside of any reporting process. 

Some ways to provide information and support include: 

• having information in your workplace policies
• giving workers access to an Employee Assistance Program (EAP)
• sharing contact details for external services they can access — for example, pinned on a wall or noticeboard, or published on an intranet.