Gendered violence
Under the Occupational Health and Safety Act 2004 (OHS Act), employers must provide and maintain a working environment that is safe and without risks to health and safety. This includes physical and psychological risks to health.
The Occupational Health and Safety (Psychological Health) Regulations 2025 set out how employers must manage psychosocial hazards. Under these regulations, employers must:
- identify psychosocial hazards
- control associated risks
- review and revise risk control measures for psychosocial hazards in certain circumstances.
Gendered violence is an example of a psychosocial hazard.
Find out more about the regulations and how to fulfil your duties
Defining gendered violence
Gendered violence is any behaviour directed at, or affecting, a person because:
- of their:
- sex
- sexual orientation
- gender
- gender identity
- they do not adhere to socially prescribed gender roles.
It stems from entrenched gender or power inequalities and socially accepted ideas about:
- how people should look or act
- what characteristics they should have
- their roles in the workplace, home or public life.
Gendered violence comes in many forms. It can range from comments and gestures to physical assault. It can occur through digital platforms and may not be connected to work. It can include:
- sexual harassment and assault
- physical assault
- offensive language and imagery
- verbal abuse
- innuendo, insinuations and put-downs
- stalking, intimidation or threats
- sexually explicit gestures
- ‘deadnaming’ someone by deliberately:
- misgendering them
- using incorrect pronouns
- not using their preferred name
- ostracism, exclusion, discrimination or victimisation based on sex, gender, gender identity or sexual orientation.
Gendered violence can be a one-off incident or repeated behaviour. It may be directed at an individual or a group.
Someone might also experience gendered violence in an indirect way. This could happen if they:
- overhear a conversation or are part of a virtual discussion that affects their health and safety
- witness gendered violence directed at someone else.
Other psychosocial hazards may be present in the working environment and increase the risk of gendered violence. For example:
- sexual harassment
- bullying
- aggression or violence.
However, if these psychosocial hazards come about because of gendered factors, then they are also considered gendered violence. For example, aggression or violence towards an individual due to their sexual orientation.
Gendered violence in the working environment
Gendered violence in the working environment is when this type of behaviour happens:
- in the workplace, which is wherever an employee works for their employer
- where an employee is working remotely, including if the person’s workplace is:
- the employee’s home
- another person’s home, such as home visits or outreach work
- online
- at work-related meetings, activities or events, such as a work Christmas party
- between people who work together or share the same workplace
- by phone, email, social media or online through a work connection
- at employer-provided accommodation, such as fly-in fly-out sites or at work conferences.
Examples of gendered violence in the working environment include:
- An employee being directly or indirectly excluded from training or promotion opportunities based on their sex, gender, gender identity or sexual orientation.
- A manager applying workplace policies or procedures inconsistently according to an employee’s sex, gender, gender identity or sexual orientation.
- A male caller using offensive sexual language with a female call centre operator.
- An employer questioning or criticising an employee’s sexual orientation or appearance. This may be subtle or explicit.
- Someone displaying pornographic or sexist posters.
- People in the staff room making disparaging jokes about gay relationships. A gay colleague at a nearby table feels threatened and excluded.
- A pub owner telling female employees they must wear short skirts to look sexy for the patrons.
- Employees complaining about transgender colleagues using the gendered toilets.
- Colleagues ridiculing a male employee for taking parental leave.
Employees can be exposed to gendered violence from:
- managers
- coworkers
- contractors
- site visitors
- clients/patients
- customers
- students
- volunteers
- members of the public.
Who is most at risk?
Anyone can experience gendered violence in the working environment. It is not limited to a particular sex, gender, gender identity or sexual orientation. But some people are more likely to experience it, including:
- women
- people who identify as non-binary
- people who are new to the workforce
- minors or young employees
- people who identify as Lesbian, Gay, Bisexual, Transgender and gender-diverse, Intersex, Queer and Asexual (LGBTIQA+).
- people who are Aboriginal and Torres Strait Islander
- people with disability
- people who don’t follow socially prescribed gender roles and stereotypes. These are traditional ideas about:
- how men and women should look or act
- what characteristics they should have
- their roles in the workplace, home or public life
- culturally and racially marginalised people
- migrant workers
- people holding temporary visas
- people in insecure working arrangements such as fixed-term, casual or labour hire
- apprentices
- people who experience literacy or language barriers.
When these aspects, characteristics or factors intersect, it can increase the risk of someone experiencing gendered violence in the working environment. They can also make people less likely to report gendered violence.
Employees under 18
Employees aged under 18 may be more at risk of gendered violence. This is because:
- Gendered violence can happen if there is a power imbalance. Younger people may be structurally disempowered because they:
- are inexperienced in the working environment
- need to stay employed to become qualified
- are casual employees who may lose shifts if they make a report.
- Young people may not recognise harmful behaviour or be confident to call it out.
If someone sees or experiences harassment or discrimination early in their career, they may think it is ‘normal’. This belief may be confirmed if no one else comments or calls it out.
Sexual behaviour directed at young employees may be a child-based sexual offence. Children often see grooming behaviours as friendship and may not identify the risks.
If an employer suspects an employee under 18 is the target of sexual behaviour, they should consider whether they need to contact Child Protection or Victoria Police. Employers or employees may also have mandatory reporting obligations.
Find out more about mandatory reporting at the Department of Families, Fairness and Housing.
Also see:
Workplace risk factors
Employers have an obligation to provide and maintain a safe working environment. They should consider how their workplace characteristics may increase the risk of gendered violence. These can include any factor or factors in any of the following:
- Work design: the equipment, content and organisation of an employee’s:
- work tasks
- activities
- relationships
- responsibilities.
- Systems of work: the way work is planned, organised and done.
- Management of work: responsibility for, and control of, operational decisions.
- Carrying out of the work: how, when and where a task is done, including:
- the requirements of the work
- the location of the work
- the working environment
- work that directly or indirectly exposes a person to traumatic events or content.
- Personal or work-related interactions: interactions and behaviours that happen between:
- employees
- employees and others.
For more information on these factors, see Part 1 – Introduction of the Psychological health compliance code.
Specific risk factors that may increase the risk of gendered violence in the working environment include:
- Workplaces where the organisational culture tolerates, minimises or accepts disrespectful behaviours and harmful behaviours. This includes gendered violence.
-
A workforce that:
- is segregated by gender
- has low diversity
- is dominated by one gender, age group, race or culture.
This includes segregations or imbalances in:
- positions of power or leadership
- decision-making forums
- the provision of work-related opportunities, such as training and career development or advancement.
- Workplace leaders with poor understanding of the nature, drivers and impacts of gendered violence.
- Working with customers, patients, clients or students.
- Working with members of the public.
- Working at night, alone or in licensed venues.
- Working in roles traditionally done by one gender.
- Working from remote locations with limited supervision; for example, fly-in fly-out workers or airline crew.
- Working in isolation from other employees; for example, home visits.
How does gendered violence affect people?
Gendered violence can cause physical or psychological harm, or both, to:
- the person it is directed at
- anyone witnessing or experiencing the behaviour indirectly.
This can lead to significant social and economic costs for:
- the affected employee
- other employees
- employers
- the wider community.
Impact on the affected employee
If an employee is exposed (directly or indirectly) to gendered violence in their working environment, they may experience a negative psychological response that creates a risk to their health and safety. This may lead to a risk of psychological or physical harm, or both.
There are also additional risks of physical harm associated with physical violence. Harm includes injury, illness and death.
Individuals respond to psychosocial hazards differently. Employers should be aware of the warning signs showing that an employee may be at risk of harm. A negative psychological response may indicate or lead to a psychological or physical injury or illness, or both.
Examples of negative psychological responses include:
- feeling anxious
- irritability
- anger
- change in perception
- negative thinking patterns
- inability to fall or stay asleep due to overactive thoughts
- thoughts of self-harm or suicide.
Psychological injuries from exposure to gendered violence can include:
- depression
- anxiety
- acute stress disorder
- post-traumatic stress disorder (PTSD).
Physical injuries from exposure to gendered violence can include:
- physical injuries associated with physical violence/assault
- cardiovascular disease, heart attack, stroke
- musculoskeletal disorders, such as sprains, strains, soft tissue injuries and chronic pain.
Impacts on the employer and workplace
Gendered violence also has implications for the employer and working environment. Some examples of the impacts include:
- high turnover and poor staff retention, leading to higher recruitment costs
- reduced morale and productivity
- increased absenteeism
- direct and indirect costs of investigations and procedures to address reported allegations
- reputational damage.
Employers have a positive duty to:
- not engage in discrimination or sexual harassment
- take reasonable steps to address these behaviours.