Code of Conduct to Prevent Sexual Harassment - final draft

01 02 2018 - Media release Code of Conduct to Prevent Sexual Harassment - final draft

Screen Australia has today published its final draft of the proposed Code of Conduct to Assist the Prevention of Sexual Harassment. After considering further industry feedback, the aim is for all Screen Australia productions approved from 2 April 2018 onwards to be required to put the Code into effect.

In practice, this will mean that all people working on a production will need to be made aware of the Code and producers will be required to nominate a trained staff member to be a Sexual Harassment Prevention Contact to address any harassment complaints. Producers will be required to submit a Code Compliance Report at the conclusion of production, in the form of a statutory declaration, confirming all Code obligations were met.

The Sex Discrimination Act was enacted in 1984, but that has not stopped sexual harassment occurring in Australian workplaces, including in the screen industry, said Screen Australia COO Fiona Cameron. The proposed Code gives visibility to the standards and responsibilities that already exist, and makes it clear that on any Screen Australia production there is zero tolerance for harassment.

Because the screen industry depends heavily on freelancers and contractors, the Code also gives producers a method of clearly setting an expectation that the workplace must be safe for all, regardless of how people come to work on a production or for how long. We look forward to receiving feedback on the final draft.

Screen Australia's intention to create the Code was first announced at the Safe Workplace Strategies industry forum on 12 December 2017. The final draft of the Code was presented late yesterday at the Screen Producers Australia (SPA) Safe Workplace Training workshop.

SPA and the Media Entertainment and Arts Alliance (MEAA) are also currently working on an industry-wide policy in consultation with the industry, including Screen Australia. It is hoped that a standard industry code will be put in place for all entertainment organisations in the future.

Fiona Cameron added, The Australian screen industry has a lot to be proud of our talent, stories and screen businesses are world class. We cannot allow improper, or indeed illegal, workplace behaviour to tarnish our good name. By placing genuine emphasis on protecting our highly valued staff at work, we are also addressing a very real reputational and commercial risk.

Of course the aim of the Code is not to manage harassment, but to eradicate it. Creativity cannot thrive in environments where people don't feel safe.

View the Code

Feedback to the Code must be lodged in writing to code@screenaustralia.gov.au by 1 March 2018.

FAQs THE CODE What motivated the Code's creation? Sexual harassment in the screen industry has been a topic of discussion internationally for some time. The discourse in Australia made it apparent that awareness of what actually constitutes sexual harassment and assault was low. Willingness to report incidents and/or confusion over how to report incidents and to whom, were also topics of discussion.

The Code is designed to set out existing responsibilities in plain language and raise awareness of these responsibilities. The appointment of a Sexual Harassment Prevention Contact for productions makes the path to reporting incidents easier for victims.

A fact sheet on what constitutes sexual harassment and assault is available here.

Does Screen Australia have the authority to require special workplace policies? The Code sets a minimum standard based on existing laws and is modelled on guidelines issued by the Human Rights Commission that all employers should follow. The Code does not introduce new legal requirements above existing statutory requirements but does make the requirement to comply with the Sex Discrimination Act a condition of funding.

The designation of a Sexual Harassment Prevention Contact is a new title, however the function of that role would already exist in many production houses as part of human resources. The creation of the role is in response to reports of misconduct not being properly addressed in the workplace, not just in the screen industry but in the broader entertainment sector. It is critical that a suitably qualified and experienced Contact is available to all participants involved in making a title.

FAQs CODE FUNCTION What contracts will the Code be included in? All Screen Australia production agreements i.e. production grant agreements and production investment agreements. Essentially this means all Screen Australia titles approved from 2 April 2018 will be subject to the final version of the Code.

In practice, what will the implementation of the Code look like? Practically speaking the Code will mean that producers will need to:

Make it clear to every participant in a production that there is zero tolerance for sexual harassment.

Give a copy of the Code to all participants and place abridged versions of the Code in poster form in prominent places in the workplace.

Designate a Sexual Harassment Prevention Contact to deal with sexual harassment complaints - someone who is available to everyone participating in the production and is suitably qualified and experienced.

Deal with any complaints in a way that is fair, timely and confidential.

FAQs THE CONTACT ROLE What training will the Sexual Harassment Prevention Contact be required to have? Is there a qualification? To act as the Contact no specific accreditation is required, however producers should provide training and support as is appropriate for the size of their company and the production.

The Human Rights Commission has published very comprehensive guidance material on dealing with sexual harassment, and most HR practitioners will already be experienced in this area. There are also

LINK:	https://www.screenaustralia.gov.au/sa/media-centre/news/2018/02-01-cod...
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