I have great respect for charities and non-profit organisations as they seek to support individuals in need and the wider community.
Sometimes, in the commitment to accomplish their mission, they may unintentionally overlook legal requirements related to unlawful workplace behaviours – bullying, violence, aggression, conflict, sexual harassment and discrimination. This may be due to limited resources and a high demand for services.
In this blog, we explore an employer’s duty of care in the context of the Work Health and Safety (WHS) Act, and the Respect at Work Act.
Positive Duty in the Respect at Work Act
In Australia, the Respect at Work Act has introduced a critical element called Positive Duty. This mandates that every employer must take proactive steps to prevent sexual harassment, gender discrimination, sex-based harassment, hostile workplace environment victimisation. This includes charities and non-profits who may not be aware that compliance with Positive Duty is not optional; it’s a legal requirement.
Responsibilities under the Safety Legislation
In addition, every state/territory in Australia has safety legislation that require that an employer (PCBU) do all that is reasonably practicable to:
- Identify hazards and risks
- Assess risks
- Eliminate/minimise risks
- Monitor risks via regular audits/checks
Risks include psychosocial risks such as burnout/fatigue, trauma/vicarious trauma, and violence and aggression from external clients.
Mandatory Workplace Behaviour Training
One of the key components of the WHS Act, and the Respect at Work Act, is the responsibility of employers to educate their employees and volunteers in relation to these laws and reporting options if they experience or witness it happening.
Workplace behaviour training is essential to educate employees about their rights and responsibilities, to promote a culture of respect, and to equip them with the skills to identify and address inappropriate behaviour.
For leaders in the charity and non-profit sector, this training is not just a box to tick but a vital investment in their people and their organisations’ overall health.
Taking Proactive Steps
It is imperative for charities and non-profits to prioritise compliance. Here are some practical steps:
- Review Current Policies: Conduct a thorough review of existing workplace policies and practices. Ensure they align with the requirements in Safety and the Positive Duty Guidelines.
- Implement Training Programs: Develop and implement comprehensive workplace behaviour training programs. These should be mandatory for all employees and volunteers, regardless of their role or tenure.
- Foster a Supportive Culture: Create an environment where employees feel safe and supported. Encourage open communication and provide avenues for reporting concerns without fear of retaliation.
- Regular Audits and Assessments: Regularly audit and assess workplace practices to ensure ongoing compliance. This should be an ongoing process, not a one-time effort.
- Seek Professional Advice: Consider engaging external experts to guide the organisation through compliance processes. Professional advice can provide valuable insights and ensure that no critical aspect is overlooked.
Consequences of Non-Compliance
Non-compliance with Safety Laws and the Positive Duty can lead to significant legal, financial, and reputational repercussions. Legal action can result in substantial fines and settlements, draining already limited resources. Financial strains can impede the ability to deliver critical services.
Moreover, reputational damage can erode public trust and support, which are the lifeblood of charities and non-profits.
A Call to Action for Leaders
The commitment to supporting others should not come at the expense of employee and volunteer wellbeing. Leaders in the charity and non-profit sector have a duty of care to ensure that their workplaces are safe, respectful, and compliant. By taking proactive steps, they can protect their employees and volunteers, uphold their mission, and safeguard their organisation’s future. 
EEO Specialists has worked with many charities and non-profits to ensure workplace behaviour compliance. We offer a wraparound service from writing legally sound policy and procedure documents, to rolling out engaging training (both in-person and online), and providing ongoing support via the EEO Compliance Hub which includes valuable resources such as a Risk Audit Tool, legislative overview, toolbox talks, notices and posters, training summaries, fact sheets and videos.
If you are a small charity or non-profit of less than 50 people, we offer special packages which include policy templates, online training courses, notices and posters, toolbox talks, and email templates. Contact me if you would like to have a confidential discussion about workplace behaviour training and compliance.
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The author, Franca Sala Tenna, is a lawyer and acknowledged workplace behaviour and compliance expert. She is also the Founder & Director of EEO Specialists, and Online Compliance Training.