INDEPENDENT REVIEW
into sex discrimination and sexual harassment, including predatory behaviour in Victoria Police
Phase One Report I 2015 Published by the Victorian Equal Opportunity and Human Rights Commission, Level 3, 204 Lygon Street, Carlton, Victoria 3053. December 2015.
Contact us Enquiry Line 1300 292 153 or (03) 9032 3583 Fax 1300 891 858 Hearing impaired (TTY) 1300 289 621 Interpreters 1300 152 494 Email [email protected] Website www.humanrightscommission.vic.gov.au Independent review into sex discrimination and sexual harassment, including predatory behaviour Copyright © State of Victoria 2015 This publication is copyright. No part of it may be reproduced by any process except with permission from the Victorian Equal Opportunity and Human Rights Commission (the Commission) or in accordance with the Copyright Act 1968. On request the Commission may give permission for this material to be reproduced provided it is for a purpose consistent with the objectives of the Equal Opportunity Act 2010 and the Commission is acknowledged as the source. Contact [email protected] for permission to reproduce material from the publication.
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Privacy The Commission complies with Victorian privacy laws and the confidentiality provisions of the Equal Opportunity Act. Our privacy policy is available online at www.humanrightscommission.vic.gov.au/ privacy or by contacting us. Printed on Precision ISBN 978-0-9922762-6-3 Contents
Message from the Commissioner 2 Message from the Chief Commissioner of Victoria Police 3 Expert Panel 6 Executive Summary 9 Action Plan 21 Recommendations 35 Chapter 1 About the Independent Review 37 Chapter 2 Drivers of sex discrimination and sexual harassment in Victoria Police 52 Chapter 3 Nature and Prevalence 70 Chapter 4 Impact and Harm 104 Chapter 5 External Context and Regulation 130 Chapter 6 Organisational governance and accountability 142 Chapter 7 Recruitment and retention 152 Chapter 8 Promotion and career planning 184 Chapter 9 Education and knowledge development 218 Chapter 10 Local management, supervision and performance 236 Chapter 11 Workplace safety and welfare 257 Chapter 12 First response, disclosure and reporting 282 Chapter 13 Actions and outcomes of formal processes 308 Appendices 346 Appendix 1 Recommendations 347 Appendix 2 Victoria Police Force Enterprise Agreement 2011 – Gender Equity Impact Assessment 354 Appendix 3 Victoria Police rank and classification structure 358 Appendix 4 Glossary 359 Appendix 5 Site visit summary 364 Message from the Commissioner
In Australia, we have witnessed the growing acknowledge the courage of the people horror at the extent and devastation caused who shared their distressing experiences of by violence against women. We read daily harm and wasted potential. These personal about the challenges of gender inequality, in stories demand our attention, understanding workplaces, on sporting fields, in playgrounds and action. and in the media. It is surprising to many that We also heard that people love the job, that it is almost 40 years after equal opportunity laws a calling, and that people want the organisation were introduced, progress towards gender to be the best it can be. equality has been so slow. We understand that this Review will require It is heartening that there is finally a community deep, and sometimes uncomfortable personal appetite for change and a desire to learn how refection by each and every employee to to achieve equality. I commend Victoria Police understand what their individual and collective for showing much needed leadership to bring roles have been that have allowed people to be about change in their organisation, recognising harmed in police workplaces. the role it has in influencing broader change in the community. Our recommendations focus on prevention and response. In particular, implementing In commissioning this Review, Victoria Police a response to harm that puts the victim at asked the Victorian Equal Opportunity and the centre of the process, rather than the Human Right Commission to examine the investigation. But for enduring change, our prevalence, drivers and impacts of sex recommendations propose multiple mutually discrimination and sexual harassment. reinforcing strategies aimed at preventing sex Victoria Police also asked us to develop discrimination and sexual harassment from recommendations and a comprehensive action occurring in the first place, building workplaces plan for change, and to hold them to account, where predators cannot operate and where all assessing their progress over three years. employees have equal opportunities. And they requested that we do this work under I recommend other employers take heed of the the spotlight of public scrutiny. This is not a findings and recommendations of this Review. response to scandal. This is a commitment from Our workplace record of gender equality tells the Chief Commissioner and his leadership us women across many workplaces are missing team to change the organisation for the better. opportunities because of their gender. This work is about systemic change. It is not a I know the Chief Commissioner Graham Ashton reason for the community to lose confidence and his leadership team are committed to act, in Victoria Police, but instead a reminder that but change will only occur through a change Victoria Police is committed to the principles of in culture across the whole organisation. Their equality and diversity, and to ending violence work starts now. against women. It is absolutely critical that it displays this commitment in the way it treats those within its own ranks. The Review heard from thousands of Victoria Police employees about how the attitudes and behaviours of their colleagues and managers Kate Jenkins and the systems and processes in place have Victorian Equal Opportunity and Human Rights shaped their experiences at work. I particularly Commissioner
2 Independent Review Message from the Chief Commissioner of Victoria Police
For the past 163 years, Victoria Police have been We will change our culture, our approach and leaders in our community. make Victoria Police a safer organisation for our people. We will set the example, as we have done We showed leadership once again when we in so many different areas, for others to follow. The decided to tackle the critical issue of sexual leadership challenge for us is to improve Victoria harassment and predatory behaviour in our own Police. That leadership challenge will then be the organisation. 12 months ago we asked VEOHRC challenge others will have to rise to. (Victorian Equal Opportunity and Human Rights Commission) to conduct an independent study of I would like to commend VEOHRC for their work, it this problem and make recommendations on how is trail blazing. It sets us a challenge and Victoria we can improve our organisation. Police will meet that challenge. There have been numerous attempts to deal with As Chief Commissioner of Victoria Police I speak this issue in the past, but they did not achieve the for our entire Command Team when I give you my change that was needed. It was clear the time had commitment we will bring about the necessary come for us to bring in an independent umpire to change in this organisation so that it becomes a conduct a robust review. more respectful workplace. The results make for confronting reading. When you read the report you’ll be left in no doubt there have been some terrible behaviours exhibited and some terrible experiences and ordeals have been endured by our staff. Graham Ashton APM This must change, this will change. Chief Commissioner of Police In response to this report, Victoria Police will implement all of the recommendations directed to us. These recommendations will enable Victoria Police to strengthen its leadership role in our community. Sexual harassment and predatory behaviour occurs across all of society, across all sectors. There is no part of our community which is not affected.
3 Safety and help-seeking
The Review prioritises the safety and confidentiality of participants. All quotes and case studies in this Review have been de-identified and no individual has been named. All case studies and quotes have been provided with express consent of participants who have had the opportunity to ensure they are satisfied the material has been de-identified. The Review acknowledges that the material in this report may cause distress.
Centres Against Sexual Assault (CASA) Tel: CASA House on 03 9635 3610 (business hours). This service is based in Melbourne CBD. You can also call the Sexual Assault Crisis Line on 1800 806 292 (24 hours). This number diverts to your local CASA services during business hours. Email: [email protected] CASAs are non-profit, government funded organisations that provide support and intervention to women, children and men who are victim/survivors of sexual assault and who have experienced or been affected by sexual harassment. You can be referred to your local CASA or contact them directly.
Victoria Police Welfare Service Level 5 & 9, Tower 3, VPC 637 Flinders Street, Docklands 3008 Tel: 9247 3344 (24 hours) email: [email protected] Victoria Police Welfare Service (VPWS) provides timely and effective support, advice and referral services in consultation with Peer Support, Police Psychology, Internal Witness Support and Chaplaincy to all Victorian Police employees and their immediate families.
The Police Association Victoria www.tpav.org.au You can visit the Police Association Victoria website to get the details for their confidential 24-hour counselling service for members and their families. In an emergency always dial ‘000’
Beyond Blue 1300 22 4636 (24 hours/7 days a week) www.beyondblue.org.au
1800 RESPECT: National sexual assault, domestic and family violence counselling service 1800 RESPECT (1800 737 732) www.1800respect.org.au Qualified and experienced counsellors provide telephone and online counselling, information and assistance to access other services to all people in Australia affected by sexual assault and domestic and family violence, including family and friends. It is available 24 hours a day, seven days a week.
Legal Disclaimer
This information is intended as a guide only. It is not a substitute for legal advice on any of the issues raised in the report. The experiences of participants that are reflected in the report are the perspectives and experiences of individual participants as shared with the Commission.
4 Independent Review Terms of Reference
The Expert Panel, led by Commissioner Kate Jenkins, Victorian Equal Opportunity and Human Rights Commission, will review, report and make recommendations on: 1. The nature and prevalence of sex discrimination and sexual harassment including predatory behaviour among Victoria Police personnel. 2. The drivers of sex discrimination and sexual harassment among Victoria Police personnel. 3. The impact of sex discrimination and sexual harassment on people targeted by these behaviours. 4. Initiatives required to drive cultural and practice change including the adequacy and effectiveness of existing initiatives and of approaches to training, education, mentoring and development 5. Organisational change strategies to promote safety, equality and freedom from sexual harassment in Victoria Police. 6. Any other matters the Panel considers appropriate that are incidental to the above terms of reference. Additionally, 18 months after the release of the Panel’s report and then again 12 months later a further independent Report will be prepared which: • audits the implementation by Victoria Police of the recommendations in the Panel’s Report • makes any further recommendations necessary. The Expert Panel will consult widely in conducting the Review. The Commission and Victoria Police agreed that issues out of scope were: • Prevalence of sex discrimination, sexual harassment including predatory behaviours by Victoria Police personnel towards community members • Prevalence of family violence where Victoria Police personnel are alleged perpetrators or victims • Barriers to community members reporting sexual harassment and predatory behaviour by Victoria Police personnel. These limitations were based on complementary initiatives being undertaken by Victoria Police and other agencies, as well as the scope of the Commission’s research powers under section 157 of the Equal Opportunity Act 2010 (Vic).
Terminology
Throughout the report, the terms victim, target and victim/target are used interchangeably to describe people who have experienced some form of sex discrimination, sexual harassment or predatory behaviour. We acknowledge the word victim may be problematic as, for many people, it may seen to perpetuate stereotypes about lack of agency or resilience for people targeted by these behaviours. The term victim/survivor is used to describe people who have experienced sexual assault, consistent with its usage by the Centres against Sexual Assault (CASA) and Victoria Police SOCIT (Sexual Offences and Child Abuse Investigation Teams).
5 Expert Panel
The Expert Panel comprises:
CHAIR: Victorian Equal Opportunity and Human Rights Commissioner, Kate Jenkins Kate Jenkins was appointed as the Victorian Equal Opportunity and Human Rights Commissioner in 2013. Kate brings 20 years’ experience as a lawyer. Prior to this role, Kate was the lead partner of Herbert Smith Freehills’ Australian equal opportunity practice. Kate is on the Board of Berry Street Victoria – the state’s largest independent child and family welfare organisation. She is also a member of the Boards of Heide Museum of Modern Art and Carlton Football Club. Kate holds honours degrees in Law and Arts.
Major General Gerard Fogarty AO (retired) On retirement from the Australian Army in November 2013, Gerard assumed the appointment of Chief Executive Officer of Defence Health Limited, a restricted not-for-profit Private Health Insurance company located in Melbourne. His military career was predominately in the fields of Command and Leadership, and Human Resource Management. He served as Australia’s national commander on operations in Timor Leste in 2002 and in the Middle East in 2007. He was appointed a member in the Order of Australia for his distinguished command of the Australian contingent in Timor Leste and an Officer in the Order of Australia for his distinguished command in the Middle East and his work leading personnel policy reform in Defence. During his military career, Gerard also held a wide-range of strategic level appointments in Army and Defence Headquarters. He was also a commissioner on the Military Rehabilitation and Compensation Commission and a Deputy Commissioner on the Safety Rehabilitation and Compensation Commission.
6 Independent Review Peter Marshall (CNZM, MNZM) Peter Marshall joined the New Zealand Police in 1972. He has held a wide range of uniform and Criminal Investigation Branch (CIB) positions in New Zealand and has commanded high profile operations such as the policing of the Asia Pacific Economic Conference (APEC) and the world famous Americas’ Cup Challenges in Auckland. In addition, Peter has completed overseas service, including postings to the New Zealand High Commission in Canberra and the New Zealand Embassy in Washington DC. Peter was seconded to the Royal Solomon Islands Police Force (RSIPF) in February 2007 and was appointed the Commissioner of the RSIPF in May 2008. His appointment as Commissioner of the New Zealand Police was announced in November 2010 and he officially started in the role on the 4th of April 2011. In the year 2000 Her Majesty Queen Elizabeth II invested Peter as a Member of the New Zealand Order of Merit (MNZM). In 2014, Her Majesty then invested him as a Companion of the New Zealand Order of Merit (CNZM). In addition, he has received a Royal Humane Society Award for bravery and holds various international and New Zealand Police commendations. He is a graduate of the Federal Bureau of Investigation (FBI) National Academy in Quantico, Virginia, and holds diplomas in New Zealand Policing and Business Studies. Peter retired from the New Zealand Police in April 2014 after 41 years and seven months of service. In September 2014, at the request of the New Zealand Government, he travelled to New York to make submissions in support of his country’s successful bid to secure a seat on the United Nations Security Council.
Professor Paula McDonald Paula McDonald is Professor of Work and Organisation in the Business School at the Queensland University of Technology. Her research aims to advance social justice goals with respect to work and employment relationships. From 2010–2012, Paula led an Australian Research Council Discovery project, which examined organisational and institutional responses to workplace sexual harassment and its impacts on targets. She worked with the Australian Human Rights Commission on their 2008 and 2012 prevalence studies of sexual harassment and in 2014 on the development of employer resources to address the problem. Paula has published over 20 journal articles, book chapters and reports on sexual harassment and gendered forms of discrimination, addressing issues such as prevention and response frameworks, media representations, bystander interventions and dispute resolution processes. In 2013, Paula gave expert evidence to the Canadian House of Commons Standing Committee on an investigation into sexual harassment in the federal workplace and she regularly responds to media requests and speaks to industry groups about her research.
7 Acknowledgements
The Review would like to thank members of Victoria Police engaged through the process, particularly Chief Commissioner Graham Ashton, Executive Command and members of the steering committee: former Deputy Commissioner Lucinda Nolan, Deputy Commissioner Wendy Steendam, Assistant Commissioner Stephen Leane, Assistant Commissioner Luke Cornelius, Commander Shane Cole and Executive Advisor to the Chief Commissioner, Fiona Stubbs. Thank you also to Di Foggo AM for her industrial relations advice. The Review was supported by a dedicated Review team in the Commission consisting of Helen Campbell, Isla Carboon, Emma Coetsee, Jennifer Jones, Sally Reid, Wendy Sanderson and Amber Whitcher and Michelle Burrell. We would also like to thank the thousands of police employees who have invested time, energy and trust in the work of the Review.
8 Independent Review Executive Summary
Expert Panel 9 Executive Summary
In recent years, Victoria Police has been a The fact that this [Review] is being leader in reforming community understanding undertaken makes me so proud to be and responses to family violence and sexual part of Victoria Police (female survey assault. It has put the needs of victims of participant). violence at the centre of its approach, providing a model for other police services in Australia [The] initiative on this has salvaged and internationally to follow. for me some pride in this organisation. Please don’t let me down Tackling violence against women in the (male survey participant). community is a key priority for Victoria Police. As this report makes clear, however, it is time The findings of the Review are outlined in for Victoria Police to give the same urgency this report, along with a comprehensive and to addressing sex discrimination and sexual integrated set of recommendations that harassment within its own ranks. This requires seek to promote safety and gender equality addressing the drivers of these issues – within Victoria Police and drive organisational unequal power between men and women and transformation. rigid adherence to gender stereotypes – that The Review will continue to assist and are supported by structural and attitudinal encourage Victoria Police in its efforts to reset barriers to gender equality. the workplace culture so that all employees An entrenched culture of ‘everyday sexism’, feel valued, respected and able to reach their coupled with a high tolerance for sexual potential. harassment, has left many current and former Victoria Police employees harmed, sidelined About the Review and deeply disillusioned. In addition to the The Victorian Equal Opportunity and Human serious consequences for safety and welfare, Rights Commission was commissioned by sex discrimination and sexual harassment Victoria Police to conduct an independent carries significant costs for the organisation. review into the nature, prevalence and impact Victoria Police should be commended for of sex discrimination and sexual harassment, commissioning this Independent Review into including predatory behaviour, among Victoria the prevalence and impact of sex discrimination Police employees. and sexual harassment, including predatory A comprehensive body of research behaviour,1 within the organisation. demonstrates that gender inequality is the It demonstrates a strong commitment by the key driver of sexual harassment and sex organisation’s leadership to promote gender discrimination. The Review therefore examined equality and prevent violence against women in detail those factors that support or undermine in its own ranks. Across Australia’s public and gender equality within the organisation. private sectors, Victoria Police is paving the way The Review drew on a robust set of qualitative in terms of its transparency and accountability. and quantitative data sources to develop the Many participants expressed support for findings and recommendations in this report, commissioning the Review, and felt that it including a comprehensive online survey open heralded a commitment by the organisation to to all Victoria Police personnel. real and sustained improvement: Almost 5000 people participated in the survey, of which 59 per cent were men, 38 per cent 1 The Review defines predatory behaviour as ‘a misuse of authority or influence with the intention of exploiting others for sexual or other were women and three per cent who preferred personal gratification’.
10 Independent Review not to disclose their gender. The high number associated with commonly-held constructions of respondents means the survey is likely to of masculinity – are central to the workplace be the largest survey of workplace sexual culture within Victoria Police. harassment ever conducted in the world – aside This has significant implications for women in from U.S. military studies – and the largest ever Victoria Police by reinforcing traditional gender conducted into policing worldwide. stereotypes: The Review also held confidential interviews with current and former Victoria Police Many members still seem to treat personnel; spoke with people with specialised women as inferior or interlopers in expertise and knowledge of Victoria Police; the workplace, and to have different received confidential written submissions; expectations of how a woman should conducted site visits across Victoria; analysed behave (male survey respondent). Victoria Police corporate data; and drew broadly on key research and public policy relating to The Review heard that women are often discrimination, harassment and violence against regarded as less competent than their male women. colleagues and that they constantly need to ‘prove themselves’. Women are seen as less committed to their careers if they have to juggle Attitudes and culture within family responsibilities or utilise flexible work Victoria Police arrangements. Many participants reported that women have to work harder and perform better to be considered for promotion opportunities. Men run this organisation, However, those who are successful were often and they run it to suit other referred to as being ‘like blokes’, having ‘slept their way to the top’ or that they were part of the men. Women get intimidated, ‘lesbian mafia’. stood over, spoken over, Some men also reported they experience excluded and overlooked – all hostility, bullying and sexual harassment day, every day – in this job. because of their actual or perceived Because of their gender homosexuality or because they do not fit the (FEMALE SURVEY RESPONDENT). traditional male stereotype: Joining Victoria Police as a gay male, I have been subjected to copious Policing can be challenging work. On a daily amounts of harassment and abuse … basis, police members, PSOs and some public Whilst homosexuality is more accepted servants are confronted with dangerous and (whilst still not completely accepted) traumatic incidents and interactions. It takes ‘a at present, it’s the worst in any certain type of person’ to do police work but it organisation I’ve ever worked in is a job that ‘gets in your blood’, the Review was (male survey respondent). told. Police employees can establish strong bonds with each other from working together so Many Victoria Police employees have taken closely, with many describing their colleagues personal and professional responsibility to as ‘family’. challenge those norms and demonstrate and acknowledge the diversity of men and women within Victoria Police. For many men in Victoria The Review heard that being strong, assertive Police, the prevailing gender norm for men is and resilient is seen as essential in order to uncomfortable at best. cope with the rigours of day-to-day police work. It is important to have a ‘thick skin’ and The Review heard that women working in keep personal emotions in check. Valuing Victoria Police were commonly viewed by their and encouraging these attributes – qualities male colleagues as potential sexual partners.
Executive Summary 11 Victoria Police has a workforce of around 17,000 people, including approximately 13,200 police, 1100 protective services officers and over 2600 public servants. In April 2015, there were 5618 women in Victoria Police (31 per cent of all employees). By job type, 64 per cent of women are police, 2 per cent are protective services officers and 35 per cent are public servants, including forensic officers and executive officers. There is a highly gendered breakdown of the workforce in terms of rank / level, nature of role performed and place of work, as well as between public servants, PSOs and police.
They were very conscious of the need to Despite this, the Review found a significant ‘manage their reputation’ and their interactions diversity of opinion among Victoria Police with male colleagues. employees about the types of attitudes and behaviours that men should demonstrate in the Some women told the Review that they put up workplace. Many Victoria Police employees have with inappropriate behaviour or tried to ignore taken personal and professional responsibility it; being ‘one of the boys’ was a way to not for challenging the prevailing norms. ‘ruffle feathers’. Others said they did not want to be ‘one of those women’ who reacted to There was broad agreement that the culture inappropriate workplace behaviours, such as in Victoria Police has changed significantly sexist jokes and banter, or ‘dobbed on’ their from what it was a generation ago. Even so, colleagues. entrenched attitudes about the role of men and women in the organisation, along with The Review spoke with many police employees harassing and predatory behaviours persist and – male and female, at all ranks and levels and are at odds with the organisation’s commitment in all parts of Victoria Police who had a zero to provide a safe and inclusive workplace. tolerance approach to sexist and disrespectful Generational change alone will not be sufficient behaviour and were doing good work to change to resolve the issues. the culture of the organisation. This workplace culture also poses a significant Many had also experienced sex discrimination challenge for Victoria Police in recruiting and or sexual harassment. However, most said retaining talented women who seek to make a they were reluctant to report the incident or career in policing: seek support as they did not want others to view them as ‘weak’ or lacking the resilience I found it hard to recommend any necessary to cope with police work: female to join the Victoria Police force as I know what attitudes and With regard to sexual harassment … behaviours they will face through police shouldn’t have to put up with it. their years of employment They are extremely vulnerable because (female survey respondent). of the perceptions that “if you can’t hack it, then this isn’t the job for you” (The Police Association Victoria). Sex discrimination and sexual Challenging this entrenched culture and harassment in Victoria Police speaking up about experiences of sexual harassment often had significant consequences They would sit around the muster for the targets. Some said that they felt blamed room and watch porn. One of the main or were held partially responsible for what impacts on me was the realisation that happened. that’s what blokes do. But actually now The Review also heard of a number of cases I know it’s not. It is what VicPol blokes where reporting inappropriate workplace do (female interviewee). behaviour or sexual harassment – even physical Although a number of people told us that and sexual assault – was regarded as an act sexual harassment within Victoria Police was the of disloyalty to ‘the team’. Individuals had been result of ‘a few bad apples’, the Review found excluded, ostracised, shamed and physically and emotionally abused for making a report or not ‘fitting in’.
12 Independent Review these behaviours were widespread across the in a vehicle). Men reported being more likely organisation. to experience harassment in a conference or meeting or in training. There was substantial evidence of an everyday sexist climate, with a high tolerance for Within the survey, the most common form of sexualised behaviour and interactions in the behaviour was ‘sexually suggestive comments workplace. or jokes’. Women in Victoria Police experienced higher rates of ‘unwelcome touching’ than those Sex discrimination and sexual harassment are in the community. ‘Actual or attempted rape or widely regarded as ‘non-events’ within Victoria sexual assault’ by a colleague was reported in Police. Perceptions about the prevalence the survey by just under 2 per cent of female and impact of sex discrimination and sexual survey participants who had experienced harassment are shaped by attitudes that workplace harassment in the past five years. minimise or excuse them. Women were more likely to experience sexual These attitudes are held individually and harassment and were most likely to be targeted collectively. They have a profound influence by a colleague more senior in rank or grade. on what behaviours Victoria Police employees Men were more likely to report being targeted by recognise as sexual harassment, setting a someone of the same or more junior grade/rank. threshold that is generally much higher than in other workplace settings. They also have a Survey participants at all ranks/grades reported profound impact on how women are valued experiencing sexual harassment, and female in the workforce and their retention and public servants appear to be at higher risk of progression through the organisation. being sexually harassed. Gay men were six times more likely than men Key survey findings overall to have been sexually harassed by a Men were more than twice as likely as women colleague in the last five years. Lesbian women to agree that sex discrimination is no longer a also had an elevated risk of being targeted. problem in the workplace in Australia. Women described many different types of 40 per cent of women and seven per cent of sexual harassment that they experienced or men who responded to the survey answered witnessed within Victoria Police, including yes to the question ‘Have you ever personally examples of predatory behaviour: experienced sexual harassment?’ For women, that lifetime prevalence rate is higher than I was on a night shift. I was in the van that found in the community (33 per cent) and with a Senior Constable. He drove the the Australian Defence Force (25 per cent). van to a secluded spot and started For men, lifetime prevalence is higher than putting the hard word on me. I froze. in the ADF (3 per cent) and lower than in the I thought what can I do here? … They community (9 per cent). saw young women like me as fresh blood … You feel like a piece of meat Almost one in five female survey participants (female interviewee). and one in 20 male survey participants had experienced harassment in a Victoria Police One night [on a work-related trip] the workplace that started in the last five years. inspector was in the next room and calling that he was thinking of me and The survey showed that two thirds of female masturbating and ejaculating on the survey participants and over half of male wall between our rooms. I was really survey participants had witnessed at least one frightened with all those guys with a gut form of sexual harassment in the workplace in full of grog (female interviewee). the past five years. Sexual harassment was most likely to occur in a I was talking in my office about daily station or office environment. Women were more work and was leaning over a filing likely than men to also experience it off site cabinet and the Sergeant entered the (for example at a social event, while on patrol, office, walked around and past me and
Executive Summary 13 slapped me, hard, on the arse and said reinterpreting events or attempting to intimidate “Good morning” (female interviewee). those involved. In many cases, sexual harassment was The high level of tolerance for sexism and experienced as part of a broader pattern of sexual harassment in the workplace, especially sexist hostility, which often took place with the among supervisors and managers, clearly support or tacit endorsement of supervisors or undermines the confidence that women had to others in leadership positions: speak up or come forward with a complaint.
[The Senior Sergeant] allows I remember coming in [in the early 90s] conversation with a sexual overtone to and them saying there was no sexual occur without addressing those guilty harassment happening here. Then we of the conversation. He joins in and explained what we meant by sexual laughs with the group but he won’t stop harassment and they said ‘Oh yes, that anyone from having improper dialogue happens but that’s just what you deal (written submission). with being a woman in police’ (former executive). I worked with one woman and a few of the guys would blatantly stare down her There is also a significant gap in the advice and top and comment on her body. You are support available to managers and supervisors in an environment where this is quite to manage people issues. Workplace values normal (female interviewee). and behaviours are not understood as a critical element of performance. Sexual harassment was most likely to occur in a station or office environment, often in the There are many police men and women who presence of bystanders. The Review was also have, and will, champion and embrace positive told of numerous incidents that took place cultural change, and their work should be at social events attended by Victoria Police acknowledged and rewarded. personnel. Women also experienced sex discrimination The widespread acceptance of these in Victoria Police in recruitment, retention behaviours by colleagues and managers left and promotion processes. This was reflected many victims or witnesses feeling isolated and particularly in the attitudes towards and vulnerable. They were encouraged to ‘deal with treatment of women who became pregnant, it’ and move on. took parental leave, returned to work after parental leave and women and men who sought In real life and on the street, I would access to flexible working arrangements or stand up, but in that environment, I part-time employment. couldn’t. My job would have been at Both structural and attitudinal factors stake if I said something … It is a toxic contribute to an environment where women environment (female interviewee). have significantly less access than men to the The level of understanding and identification pathways that put them in line for promotion of sex discrimination and sexual harassment and, as a consequence, women are significantly at supervision and management level across under-represented in supervisory and the organisation is inconsistent. Managers and management roles across employee categories. supervisors often fail, for a range of reasons, to The lack of representation of women set appropriate workplace standards and act within Victoria Police and particularly at the appropriately on harmful workplace behaviours management level is extremely problematic. It or complaints about these behaviours. is both a symptom of and contributing factor to When their behaviour was called out, harassers sex discrimination and sexual harassment within commonly responded by making a joke of it, the organisation. undermining the target, covering their actions, Workplace sex discrimination and sexual harassment was chronically under-reported within Victoria Police. Only 11 per cent of survey
14 Independent Review participants who were targeted made a formal has on their personal and professional lives. complaint or report about their experience of These included serious harm to physical and sexual harassment. Men were less likely than mental health, including depression and stress; women to make a report (8 per cent and 13 per isolation and exclusion with the workplace; cent respectively). economic loss; and reduced opportunities for professional development and advancement. The most common reason that women and men gave for not reporting was the perceived Those who had experienced sexual harassment negative consequences for their reputation. commonly told the Review that they felt The next most common barrier for women was ‘uncomfortable and stressed in the workplace’, the potential negative consequences for their particularly in the presence of the harasser or career. The next most common barrier for men bystanders who had previously taken no action. was that they felt that reporting an incident In the absence of any sustained workplace would make no difference. support, many women said they did what The Review found that channels for formal they could to avoid the harasser. This complaints were convoluted, relied too heavily included changing their shifts, which often on criminal thresholds, were not victim-centric had implications for their family and caring and that a lack of confidentiality was a major responsibilities. deterrent to reporting. Some expressed anger and became distrustful The Review also found that the inconsistent of their colleagues and the organisation, collection and classification by Victoria Police especially if they had experienced a poor of matters involving sex discrimination, sexual outcome after reporting the sexual harassment: harassment and gender-based bullying and victimisation obscures the full number and I felt so much disbelief that someone nature of complaints in Victoria Police. could do that to me, particularly someone who has taken the Oath to Accordingly, the report includes uphold the right (female interviewee). recommendations for Victoria Police to establish systems that better capture this data – including I felt so betrayed and intimidated. gender and diversity analyses – in order to I felt so disappointed and disillusioned inform policy and strategy to address sex (female interviewee). discrimination and sexual harassment within the Other women told the Review that they became organisation. fearful for their personal safety. In some Understanding the impact of sexual instances, the harassment they experienced at harassment work followed them into their private lives. The Review heard of a number of instances when families were also targeted and received direct threats of harm. I will never forget what has happened. For me, the harm is Of extreme concern was the number of people who reported thoughts of suicide: significant. My whole career is policing, I have so much more I [My male colleagues had just publicly want to give … Now I can’t look humiliated me] and I just left. I was at the uniform … I shake when I so distressed that I had to get away. Driving home, I was in such a state that I see a police car seriously considered running myself into (FEMALE INTERVIEWEE). a tree. [A colleague] called to see how I was. I was grateful for this (female interviewee). The Review heard from many Victoria Police employees about the devastating impacts that As a result of their experiences, a number of sex discrimination and sexual harassment women told the Review that they felt humiliated and ‘broken’. They lost their confidence and
Executive Summary 15 self-esteem because being a victim of sexual and occupational well-being as much as harassment was at odds with being a ‘strong’ incidents that are less frequent but more and ‘resilient’ police officer. severe in nature. The Review was told that employees reporting It is therefore essential that initiatives to advance sex discrimination and sexual harassment often gender equality within Victoria Police encompass faced significant economic and professional this broader understanding of harm. costs. They were concerned about the Prevention responses that draw only on consequences for their career, either losing individual responses and incident management opportunities for promotion or losing their jobs will be limited in their effectiveness. Instead, altogether: there must be a holistic response designed to I don’t know how my friend that reset organisational culture, including attitudes experienced sexual assault coped. about the role and treatment of women in She was very stuck and mentally Victoria Police. scarred by it. She had a young family Moreover, Victoria Police must acknowledge and had to try and find a new job and take responsibility for the significant harm (female interviewee). experienced by current and former employees Loss of promotional prospects, loss of as a result of workplace sexual harassment and professional development opportunities and sex discrimination, including the actions of their the need to leave workplaces and communities supervisors and managers: also had significant flow-on consequences for It’s the same mentality as domestic families. violence but being perpetrated by the Sexual harassment also carries considerable organisation … The nightmares I have direct and indirect costs for Victoria Police, are horrendous (female interviewee). such as absenteeism, low morale and reduced The Review outlines a redress scheme – productivity: based on the principles of restorative justice From day dot, you are exposed to – that seeks to provide individuals with a safe comments about boobs, you … see and supported environment in which they them perving on women, you have to can describe the harm and consequences hear about who sleeps with who. That they experienced, as well as receive an was the day my bubble burst. I thought acknowledgement of that harm. This redress it would pick up but it was a slow scheme should also provide for financial and decline (female interviewee). non-financial reparations. For women in the organisation, the risk of harm Adopting such a scheme would be a associated with the daily rigours of policing is powerful demonstration of Victoria Police’s escalated where there is a climate of gender- commitment to promote the safety and well- based hostility. being of its employees. It would also send a strong statement to all employees and to the Sexual harassment is a form of violence against community that Victoria Police will enforce a women. In developing effective responses, it is ‘zero tolerance’ policy in relation to all forms crucial that it is not dismissed or downplayed, of violence against women. regardless of how ‘minor’ the behaviours appear to be.2 Consistent with wider evidence, the Review found that the cumulative impact of ‘everyday’ experiences of workplace sexism – such as sexist jokes and remarks – can impair personal
2 Bianca Fileborn, Conceptual understandings and prevalence of sexual harassment and street harassment (July 2013) Australian Institute of Family Studies
16 Independent Review The benefits of a safe, inclusive to ensure that merit is rewarded and talent is developed, regardless of gender. and effective organisation Poor morale of individuals and within teams and staff turnover affects the performance of Victoria Police personnel and the quality of service provided to the community. Victoria Police employees do not live in a vacuum. They are individuals Encouraging workforce diversity and community members as well as employees, whose attitudes reflect and There is clear evidence that gender diversity inform broader community and societal in decision-making roles leads to greater 3 attitudes about the identity, roles and transparency and improved ethical orientation. assumptions and expectations about In addition, diverse teams have been shown to 4 how men and women should be, what be smarter, more effective and linked to more 5 they should do and how they should innovative organisations. interact. Strengthening operational capability through a more diverse workforce is vital for an Victoria Police is one of the key public organisation like Victoria Police as it grapples institutions in this state. It has a proud record with the evolving demands of modern-day in addressing crime, upholding community policing. Evidence collected by the Review safety and helping those in need of assistance. highlights the value of establishing innovative In today’s rapidly changing environment, the specialist partnerships and making greater use ongoing effectiveness of Victoria Police and of women in the organisation. its ability to engage with the community relies Importantly, increasing gender diversity within on having a diverse, motivated and committed Victoria Police will help protect women against workforce. sexism and sexual harassment by reshaping The Review acknowledges that Victoria Police the workplace culture and establishing a more is also influenced by external factors, such as inclusive environment. legislation and funding, and there is a need for In driving genuine reforms to build a safe broader support in addressing gender inequality and inclusive workplace, Victoria Police has and adequately responding to workplace harm. the potential to reap substantial benefits, by strengthening its capability, improving its Strengthening capability service delivery and positioning itself to attract For many women, there was frustration that the the best talent. culture in Victoria Police was preventing them from reaching their full potential in a job they love, as well as preventing the organisation from reaching its full capability. A workplace culture that treats men and women fairly and with respect, and which has zero tolerance for all forms of discrimination and harassment, can significantly bolster job satisfaction, performance and commitment to 3 Rachel Soares, Christopher Marquis and Matthew Lee, ‘Gender and the organisation among employees. As one corporate social responsibility: it’s a matter of sustainability’ (Catalyst, 2011)
Anticipating internal backlash A roadmap for equality and diversity Responses to the Review’s survey indicated that Victoria Police is a workplace with a great there was a high level of hostility towards the diversity of sites and roles. While the Review Review from a large number of male Victoria collected evidence of widespread sex Police employees. There was a strongly held discrimination and sexual harassment, the perception among some men that measures Review also heard reports from women to address entrenched gender inequality were and men of an extremely positive working unfair and a form of ‘reverse discrimination’: environment:
There is more discrimination against Most of my experience with police has men. Women get promoted because been very positive. I am treated with they are women, even if they are not great respect and some of the best
18 Independent Review people I have worked with have been • Delivering education and knowledge police (female survey respondent). development, so that all Victoria Police personnel better understand the nature, The recommendations from the Review prevalence and impact of sex discrimination provide a roadmap to make these experiences and sexual harassment, as well as the role universal. of bystanders, supervisors and managers to Building gender equality into the values, prevent it and support those who experience it culture and operations of Victoria Police will • Supporting local managers and require strong and committed leadership. It is supervisors, so they have the knowledge, more than writing new workplace policies and skills and accountability to provide a safe implementing new systems, although these are and inclusive environment for their staff and important. Cultural reform involves changing are able to respond effectively to harmful or deep-seated ideas around what is considered inappropriate workplace behaviours a ‘good man’ and a ‘good police employee’. It is • Ensuring workplace safety and welfare, also about changing how people are valued in so that preventing the harm caused by the organisation. workplace sex discrimination and sexual Fostering greater diversity within the Victoria harassment is given similar priority to Police workforce is central to driving changes addressing the harm and trauma caused in in culture, attitudes and practice, as well as to day-to-day police work improving the organisation’s service delivery. • Addressing barriers to reporting and As one person told the Review: disclosure, so that employees do not fear The organisation has been very Anglo- negative consequences if they report sexual Saxon and male dominated harassment or inappropriate behaviour and (male interviewee). have confidence that their supervisors or managers will treat the issue seriously To begin this process, the Review recommends • Improving actions and outcomes of formal the development and implementation of processes, so that the victim is supported an organisation-wide Gender and Diversity throughout the process, complaints are Strategy, which is linked to the organisational resolved in a consistent and professional performance and capability framework. Drawing manner and steps are taken to stop similar on this, each Command should develop its inappropriate behaviour occurring in the own equity and diversity work plan and report organisation. regularly on the progress made in its delivery. The compiled list of recommendations made by In addition, the Review makes recommendations the Review is available in Appendix 1. in relation to a broad range of organisational issues, including: An organisation is defined by its actions, not its rhetoric. If Victoria Police is committed to • Leadership, so that leaders advocate the principles of equality and diversity, and to for change, value the contribution of all ending violence against women, it is absolutely employees, reject unprofessional and critical that it displays this commitment in the inappropriate behaviour, and respect and way it treats those within its own ranks. reflect the diversity of the community they serve. Ending sex discrimination, tackling sexual harassment and changing organisational • Enhancing the recruitment and retention culture will not go unchallenged. Many within of women, so that women are able to the organisation will strongly resist it. However, develop their professional skills in a safe and genuine reform is possible when there is clear respectful work environment, are supported and unambiguous leadership. to advance to more senior roles and can access flexible working arrangements when While recognising its unique context and they need them challenges, similar results can be achieved within Victoria Police. However, it will require
Executive Summary 19 all those in leadership roles – from Executive Command down to local managers to supervisors – to make gender equality a priority within their sphere of influence and to be unapologetic in their efforts to stamp out discrimination, harassment and outdated sexist attitudes. To undertake this reset, Victoria Police and its Chief Commissioner will require the support and backing of others who share the same vision to achieve gender equality in this state, including government, unions and other employers.
20 Independent Review Action Plan and Recomendations
Executive Summary 21 Action Plan Phase 1 Laying the foundations to support safety and organisational change (December 2015–June 2016) The recommendations of this Review together constitute an Action Plan for Victoria Police to implement over the next three years. The recommendations are interlocking and designed to be mutually reinforcing. Acknowledge harm The Review notes that implementing the Establish external ‘safe space’ recommendations will require a considered, rigorous and staged approach, embedding Establish advisory structure change so that it becomes ‘business as usual’, Develop vision and strategy and rather than simply a ‘tick the box’ approach. performance framework Careful consideration of the sequencing and layering of work and effort will be critical if Communicate and engage employees genuine culture change is to be effected. Align organisational initiatives To support Victoria Police in implementing the Create authorising environment Review’s recommendations, including laying the ground work for such efforts, organisational Build business case for major measures change approaches will need to be embedded Create baseline data holdings and sustained beyond the life of the Review period. This will in turn, lead to safe and Scope workplace harm model respectful workplaces for all Victoria Police employees, especially women. 1. Acknowledge harm and commence work to This Action Plan, and the recommendations establish the redress scheme. it encompasses, should be driven and 2. Immediately establish an external ‘safe implemented by Executive Command. The Review space’ service to provide confidential support acknowledges that this may be frustrating for to victims/targets of workplace harm. some employees and managers who may seek to ‘fix’ what they see as an obvious problem in their 3. Establish three externally informed workplace. To achieve genuine workplace change advisory structures. The function of the and a process of transformative equal opportunity, three structures are separate, have specific Executive Command will need to consult broadly expertise, and should: and deeply to develop a comprehensive and a. Advise Executive Command and report evidence-informed Gender and Diversity Strategy. to the Chief Commissioner on the whole- Victoria Police will also need to develop and of-organisation vision and strategy and implement a strong internal communications and associated performance framework employee engagement process. development. Critically, Executive Command and all managers b. Advise People Development Command will need to engage, listen to and learn from the on academic governance arrangements expertise and lived experience of women in the with respect to curriculum review and organisation. development for all training conducted in The recommendations outlined in the following Victoria Police, in line with the Education action plan are interdependent but should be Master Plan (Academic governance). implemented in three phases:
22 Independent Review c. Advise Executive Command on the • Show zero tolerance for attitudes and development and implementation of the behaviours that victimise or discriminate Workplace Harm Model (Independent against women. Advisory Board). • Involve and consult employees in building The establishment of the mechanisms for this safe and respectful workplaces. external, independent advice is a prerequisite 7. Establish systems and processes that capture for the implementation of the Action Plan. baseline data across the organisation with Each body will inform all actions within their respect to remuneration and women’s access respective frames of reference. to training, upgrades, and promotion. 4. Develop an organisational vision and 8. Commence work to ensure funding strategy under advice of the expert- arrangements support back fill for parental informed advisory structure, along with the leave and training that is accessible to all associated performance framework. Genuine employees. consultation processes, underpinned by mechanisms to support safe engagement 9. In the context of organisational capability will provide important pathways to raise reviews, ensure Victoria Police structures awareness and understanding among all and reporting arrangements support a employees. clear authorising environment to lead change. Any structural changes or Align, inform and leverage other realignment requirements of the people organisational initiatives that have portfolios, including workforce capability potential complementary purpose and/ and professional development requirements or implementation design. These include, need to be underpinned and informed by the but are not limited to work in the areas of findings and recommendations of this Review. capability planning, mental health, workplace safety, and education reform processes, as well as emerging service delivery models that provide potential leverage for victim centric approaches and/or contemporary approaches to equity and diversity. 5. Scope the Workplace Harm Unit under guidance of the dedicated Independent Advisory Board . 6. Develop and implement a communication and employee engagement strategy that includes the following aims: • Support current and former employees who have experienced workplace harm. • Build employee awareness and ownership of the relevance of the Review’s findings to them as individuals and teams. • Support managers to ensure consistent, supportive messaging in the workplace about the impacts of harm and the role of managers at all levels in creating and maintaining respectful and healthy workplaces.
Action Plan/Recommendations 23 Phase 2 Phase 3 Planning, consultation and Implementation, ongoing monitoring. performance monitoring and (July 2016–December 2016) accountability (January 2017 onwards)
Develop Command/Departmental work Workplace Harm Model implemented plans HR business partnering model Establish Workplace Harm Unit implemented Establish HR business partnering model Training implemented, evaluated and Develop expert training content and review continuous improvement process and update curricula established. Performance framework implemented and 1. Develop Command/Departmental workplans integrated into organisational performance with associated accountability measures metrics. that cascade from the organisational Gender and Diversity Vision and Strategy. Workplans Capability planning clearly embedded will ensure consistent and evidence in Review recommendations and based directions, informed by experts and appropriately resourced. command/department level baseline data. Developing command workplans should be Ongoing reporting and monitoring supported by a strong consultation process (see Phase 1) across the organisation to 1. Workplace Harm Unit in operation. build awareness, ownership and engagement 2. Business partnering model in operation. in the shared challenge of building gender equitable and respectful workplaces. 3. Contemporary and expert informed training implemented and evaluated. • Work plan development and implementation processes should explicitly and respectfully 4. Gender and Diversity Strategy Performance recognise the expertise and lived Framework implemented and integrated into experience of women in Victoria Police. organisational performance metrics. 2. Scope and establish the Workplace Harm 5. Capability planning clearly embedded in Unit under guidance of the Independent Review recommendations and appropriately Advisory Board. resourced. 3. Establish a human resources business 6. Ongoing reporting and monitoring partnering model which will bring specialist, underway. external expertise and experience to people management issues. 4. Develop (compulsory) training content for all supervisors and managers, as well as review and update all course curricula for all relevant training under guidance of the externally informed academic governance arrangements.
24 Independent Review Action Plan
1: Informed and sustained leadership and governance
Future State • Leadership is united and purposeful in driving gender equity and addressing gender inequality and workplace harm. • Leadership is reinforced by ambitious and aligned vision, strategies and policies. • Governance structures, which oversee the development and implementation of organisation wide vision and strategy, the workplace harm model and academic governance, have ongoing senior and expert external advisors who provide advice that is heard and integrated by the organisation. • Significant improvement is demonstrated in the opportunities for flexible work and career advancement for women in Victoria Police.
Actions Progress Indicators Related Schedule Recommendations
Establish appropriate, independent advisory structures
Establish three advisory structures. These • Senior, independent, external 2, 9, 13 Phase 1 are: expertise is a critical success factor. • Gender and Diversity Governance Securing participation of high calibre reporting to the Chief Commissioner expertise is an early priority. • Workplace harm model Independent • Terms of Reference and protocols Advisory Board for the workplace harm model’s confidentiality, referral pathways, • Academic governance, People information sharing, decision making, Development Command dispute resolution, workplan and For each function, their establishment reporting processes are developed should be prioritised as a prerequisite for and agreed. guiding, monitoring and reporting on all • Gender Equity principles are recommendations in this Review. embedded in organisational planning and directions.
Develop and implement the whole-of-organisation Gender and Diversity Vision and Strategy linked to organisational and individual performance metrics. It should be aligned with the intent, accountabilities and implementation of this Review and with other key change initiatives.
• Develop organisational Gender and • Vision and Strategy is expert 3 Phase 1 Diversity Vision and Strategy informed and evidence-based and • Resource and coordinate women in provides a mechanism to drive all policing committees for all female work envisaged by the Review. employees across all regions, including • Chief Commissioner has endorsed/ rural areas, as part of the organisation’s launched new Vision and Strategy Equity and Diversity Strategy. • Strategy is aligned and reinforced by other key change initiatives.
Action Plan/Recommendations 25 Actions Progress Indicators Related Schedule Recommendations
Develop a comprehensive communications and employee engagement strategy
• Establish long term, comprehensive • A post -launch communications and 4 Phase communications and engagement engagement strategy is developed 1 and strategy and internal engagement which that draws on best practice ongoing will build awareness, understanding, and organisational change approaches. skills for all employees to play their role • Communications strategy to support gender equity and respond performance metrics are approved confidently to sex discrimination and by Gender and Diversity Strategy sexual harassment. advisory structure.
Alignment, planning, and maintaining momentum
• Identify existing initiatives that are • Strategies and initiatives are 3 Phase potentially complementary of purpose identified and reviewed by the 1 and and/or implementation design. These independent advisory structure to ongoing include, but are not limited to work inform its work plan. in the areas of capability planning, • A work plan to systematically review mental health, workplace safety and key initiatives to align and reinforce education reform processes, as well as the Vision and Strategy is developed emerging service delivery models that and implemented. provide potential leverage for victim centric approaches and/or contemporary approaches to equity and diversity. • Identify recommendations that can be implemented early and develop workplan to support the policy review processes recommended by the Review.
Policy and Process Review
• Embed gender equity principles in all Policies and processes are updated, 5, 16 organisational policy development and including: review processes. • Sexual harassment, discrimination • Review and update all relevant policies and victimisation and procedures to ensure they are • Structured hand over process compliant with legal obligations and • Conflict of interest policy provide clear direction for managers to respond effectively to workplace harm • Guidance on interpretations of and build gender equitable and diverse disciplinary terms. workplaces. • Amend the Victoria Police Manual to provide information regarding complaint processes related to executive level personnel.
26 Independent Review Actions Progress Indicators Related Schedule Recommendations
Align funding and reporting lines with intended outcomes.
• Review organisational and HRD • A strategic and influential human 11 Phase 1 capability, authorising environment resource function is built. and reporting lines to lead whole-of- organisation change and culture change processes.
• Review funding and training delivery • A new funding and training 9 Phase 1 model to enhance accessibility for delivery model is developed and and 2 all eligible employees, including implemented. those in regional Victoria, enhanced accessibility for employees with caring responsibilities, and those who have flexible work arrangements.
• Identify mechanisms and processes • Backfill for paid and unpaid 7 Phase 1 to ensure backfill for paid and unpaid parental leave and light duties and 2 parental leave and light duties and is implemented universally and implement universally. monitored.
Establish performance measurement and baseline data
Develop performance measures to provide • Within 18 months, women’s 3 Phase 1–3 a basis for monitoring the Gender Equity access to upgrading and training May 2016 and Diversity Strategy. opportunities at all levels is at least Repeat six proportional to their representation Victoria Police request the breakdown monthly in the overall, relevant workforce of data by gender against employment as part of (police, PSO, public service) and category, employment type and reporting within three years, 50 per cent of all classification from VPSC in future rounds. process upgrade and transfer opportunities Benchmark, and review comparative are accessed by women. remuneration between men and women annually as outlined in the Workplace Gender Equality Act 2012 (Cth).
Action Plan/Recommendations 27 Actions Progress Indicators Related Schedule Recommendations
Establish performance measurement and baseline data coninued
Introduce baseline, granular reporting, Improvements in access to flexible 3 disaggregated by business units on gender work across the police, PSO and in workplace recruitment, retention and VPS employee bases, including: advancement. • utilisation of flexibility policy Develop and disseminate reporting options by gender requirements and guidance to Divisions • number and proportion of to support data and performance flexibility requests declined, measurement requirements at all levels of and individualised briefings on the organisation. This will involve drawing reasons for refusal on measures included in this Review and • improved parental leave return other measures identified by the external rate expert advisors. • improved parental leave Review employee insight tools and retention rate (1, 2 and 5 years organisational climate tools to select post return to work) best fit for the purpose of the vision and strategy. • improvement in ratio of part- time: full-time employees at Integrate reporting requirements into supervisory, management and regular reporting mechanisms such as executive levels by rank/level Compstat. and sex. This should include trend data on reasons for redundancy / involuntary exits by gender. Organisational statistics by gender will indicate improvement in ‘merit’ pathways, including women’s: • access to training • access to upgrades • shortlisting for promotion • representation at regional Command • representation on selection panels – seniority • data on the process and outcomes of promotion and appeals processes disaggregated by gender, rank/level and employment type • other measures as appropriate
Analyse baseline data to inform priority Year on year improvements. 3 Phase issues to be addressed by the Gender and 1 and Diversity strategy, as well as areas for ongoing additional and specific focus in individual Command/Departmental work plans
28 Independent Review 2: Building Capability and Competency
Future State • All employees have an equal opportunity to realise their professional potential in Victoria Police – all employees will have a level playing field • Work enables women and men to access flexible work arrangement without compromising career progression • Women feel respected for their capability and the diverse skills and experience that they bring to Victoria Police • Public servants are respected and valued for their skills, experiences and perspectives • Employees seek and embrace contemporary thinking across the complex and multi-faceted work of Victoria Police • Good people management is valued and rewarded in Victoria Police.
Actions Progress Indicators Related Schedule Recommendations
Ensure Victoria Police have contemporary professional development Develop training content informed by • Academic governance body completes 9 Phase 2 expert academic governance processes, review of current foundation and review and develop training content training content. recommended by the Review. • Content is updated and developed to reflect recommendations • Independent expert advisors are satisfied with the resulting content and content development process. Select external training partners to co- • Process of identifying specialisation is 9 Phase 2 deliver aspects of training relating to developed sexual harassment, sex discrimination • Introductory and train the trainer and gender training for all courses. sessions for all Victoria Police instructors is implemented. Commence implementation of regular, • Proportion of staff trained 9 Phase 3 compulsory and accessible supervisory • Locations that training has been and and management training across the provided ongoing state • Refer to organisational performance framework. • Within eighteen months, women’s access to leadership training is at least proportional to their representation in the overall, relevant workforce (police, PSO, public service). Within three years, 50 per cent of all senior management training opportunities are accessed by women. Where there is not a sufficient pool of women to draw from, managers will nominate women with demonstrated people management capabilities and leadership potential.
Action Plan/Recommendations 29 Actions Progress Indicators Related Schedule Recommendations
Support managers to manage Scope and establish a specialist • A protocol that defines the interaction 15 Phase 1 human resource business partnering between the business partnering and 2 model that includes specialist human model and the workplace harm resources skills in supporting model with regard to referrals, managers to manage sex secondary consultation, information discrimination and sexual harassment sharing and individual and workplace interventions is developed. Develop clear and detailed guidelines • Guidance is overseen by workplace 5, 9 Phase 2 for managers and supervisors on their harm model governance to provide an roles and responsibilities to responding integrated set of tools to managers. to inappropriate behaviour and • Guidance tools are evaluated with complaints in a safe and supportive regard to their accessibility to way. This should be informed by policy managers, usefulness and uptake – and process reviews, as well as the quality and efficacy of guidance guidance to inform managers will be critical factors. interaction with the work of the workplace harm model and business partnering model. Integrate recommendations with work • Recommendations of this Review 12 Phase 1 to map current and future capability are demonstrated in capability and needs scheduled for 2016. planning aligned to the Victoria Police ongoing capability road map. Implement genuine performance assessment and professional • Identify and implement key development processes. This will be performance measures for inclusion in achieved through: Executive Agreements and PDAs. • Managers who do not have and • Reweight the capability framework record appropriate conversations to • Embed workplace equality and respect support equality and respect in staff explicitly in performance assessment PDAs are assessed as not meeting processes and training, as well as KPIs. introduce upwards assessments. • Individual performance measures are • Implement performance measures for implemented in subsequent round of people in leadership positions performance assessment processes • Provide lifelong learning for all and refined and improved over time. employees to continually improve their • Employees are supported by people management capabilities. Command to participate in training opportunities. In line with performance framework, support will be measured and reported. Identify appropriate risk • Mechanisms within and outside 12 Phase 2 management, tracking and recording organisation are reviewed mechanism(s) for inappropriate • Consistent organisational approach to workplace behaviours that warrant tracking and recording is developed ongoing supervision and and supported by appropriate data management. systems and training for managers.
30 Independent Review Actions Progress Indicators Related Schedule Recommendations
People Development Command • A review of training for all staff within 10 Phase 1 develop training for instructors under the School of Policing, as well as staff academic governance processes, in Academy Services and Learning and inform new conflict of interest Development Standards is undertaken policies and tighten risk within six months of this Review and management processes with regard refreshed annually. to both instructors and workplace- • Organisation wide training is based learning. developed following establishment of academic governance as a priority. • Risk management processes are tightened as a priority with further refinement as academic content is developed. • Maximum time in position is enforced. Strengthen capability through diversity Review the inherent requirements • Recommendations from the Review and 11 Commence for roles to ensure they reflect the its findings are clearly demonstrated in Phase 1 tasks required. workforce capability planning. • Workplan for role reviews in place. Review and amend recruitment and • An explicit target for recruitment 6 Phase 2 exit processes of at least 50 per cent women for future squads of police and PSOs Monitor and report on recruitment and remains in place until equity is and exit processes as part of the achieved. Gender and Diversity Performance Framework. Implement processes to deliver on recruitment target. Review and standardise all policy • Standardised policies and processes 3, 7 Phase 1/2 and processes relating to flexible are implemented and integrated work arrangements and particularly into training and guidance tools for periods of parental leave managers. Review, design and implement • Within 18 months, women’s access to 8 Phase 2 employee career planning and upgrading and training opportunities at and support, which includes clear all levels is at least proportional to their ongoing pathways and support for women to representation in the overall, relevant pursue professional development and workforce (police, PSO, public service) training in leadership and non- and within three years, 50 per cent traditional roles, formal sponsorship of all upgrading, training and transfer and promotions. opportunities are accessed by women. Report process and outcomes of • Tracking of process and outcomes for 3 Phase 1 promotion and appeals processes as promotions and appeals is undertaken part of the Gender and Diversity immediately. Strategy performance framework. • Data is reviewed to inform. development of tools for selection panels alongside development of manager capability requirements. Where women are not participating in • Outcomes reported through the Equity 3, 8 Phase 1 application processes, the Deployment and Diversity Work Plans. Unit should be required to undertake an audit based on the principle of “50 women/50 men: If not, why not?” in partnership with local management. 3. Respond swiftly and effectively to workplace harm
Future State • Women feel respected and safe within their workplaces. • Where people experiencing sex discrimination and sexual harassment do not feel safe, they can report confidently and receive appropriate support and responses from their managers, colleagues, support services and the organisation.
Actions Progress Indicators Related Schedule Recommendations
Acknowledge harm and Redress Scheme Acknowledge the experience of sex • Announcement 1 Phase 1 discrimination and sexual harassment • Engagement plan with current and experienced by women and men in former employees developed and Victoria Police and begin work to implementation commenced. provide redress.
Safe space Immediate establishment of an • Service in place with clear protocols 13 Phase 1 external ‘safe space’ service to provide to guide information sharing and confidential support to victims/targets confidentiality. of workplace harm. • Clear and primary focus of victim centric responses is demonstrated. • Reporting pathways are accessible and confidential • de-identified data is analysed and used to inform development of workplace harm model. Establish workplace harm unit Establish external expert-informed • Advisory structure established and 13 Phase 1 advisory structure for workplace harm supported by clear and consistent model to advise on all aspects of work. protocols to classify and record complaints about workplace harm, consistent with relevant legal definitions and best practice victim centric approaches for sex discrimination, sexual harassment and victimisation. Secure external service delivery • The workplace harm unit is staffed 13 Phase 1 expertise and managed by specialist workers and 2 in the areas of gender based harm and sex discrimination. Implement workplace harm model • Model is implemented with regular 13 Phase 1 reporting as established by the and 2 governance structure. Specific requirements for reporting on management responses to bystander intervention and reporting, and general feedback on employee confidence to undertake interventions, and suggestions on improvement.
32 Independent Review Actions Progress Indicators Related Schedule Recommendations
Review current functions Review roles of Welfare Services and Police • Roles of these functions are 14 Phase 2 Psychology to ensure their purpose and complementary and secondary to remit are clarified and to ensure they are that of the workplace harm unit with properly aligned, resourced and skilled to regard to sex discrimination and provide their core functions. sexual harassment. Review the ongoing role of Peer Support • There is clear delineation of Officers in relation to workplace harm. function with protocols developed between Welfare Services, Police Psychology and the workplace harm unit developed to set out roles and responsibilities, referral pathways, information sharing and confidentiality arrangements and other matters, as identified. Hold employees to account for inflicting workplace harm Revise classifications for end of service to • Classifications revised 16 Phase 1 include ‘resigned under investigation’ and this be used in the Gazette and statements of service in cases within the remit of this review. Advocate and act organisationally to • Initiated 16,19 Commence reform the discipline system to allow Phase 1 Victoria Police to act decisively against employees who perpetrate workplace harms.
Action Plan/Recommendations 33 4. Advocate for change
Future State • Victoria Police is explicit, persuasive and has credibility about gender and diversity workplace matters. • The community regards Victoria Police as a leader in gender equity and violence against women. • Victoria Police responds swiftly, decisively and in line with community expectations to employees engaging in sexual harassment and sex discrimination.
Actions Progress Indicators Related Schedule Recommendations
With employee representatives Work with The Police Union to consider Review’s • Underway and incorporated Appendix 2 Started prior gender audit findings into EBA negotiations into final agreement as to conclusion appropriate of Review With the Department of Public Prosecutions Pursue and conclude disciplinary charges • Engagement underway and 16 Phase 1 concurrently with criminal investigations/ process developed proceedings unless there is a real risk that the • Rate of reports and rate of disciplinary matter will prejudice the criminal disciplinary charges pursued, proceeding attrition points and outcomes measured and reportable. With the Victorian Government Victorian Government and Victoria Police should • Work plan is developed and 20 Commence streamline and simplify Victoria Police’s existing progress is demonstrated. Phase 1 discipline system by considering and implementing the detailed recommendations for reform in: • the Office of Police Integrity report,A fair and effective Victoria Police discipline system (2007) • the Office of Police Integrity report,Improving Victoria Police discipline and complaint handling systems (2011) • the State Services Authority report, Inquiry into the command, management and functions of the senior structure of Victoria Police (2011)
• The Victorian Government work with the ESSS to 17 Commence undertake a gender impact analysis of the defined Phase 2 benefit superannuation scheme
• The Victorian Government consider whether 18 Commence there are any legislative barriers in the Victoria Phase 1 Police Act 2013 and Protected Disclosure Act 2012 which prevent disclosure of the subject matter of a protected disclosure complaint of assessable disclosure by Victoria Police personnel or Victoria Police work units to support services and to WorkSafe Victoria.
34 Independent Review Recommendations
A list of the detailed recommendations can be found at Appendix 1.
Recommendation 1: Victoria Police undertake work to deliver a Redress Scheme and public acknowledgement of harm.
Recommendation 2: Victoria Police establishes independent advisory structures to guide the intent and implementation of the Review’s recommendations.
Recommendation 3: Victoria Police develops a whole-of-organisation Gender and Diversity Vision and Strategy linked to performance and capability.
Recommendation 4: Victoria Police develops a comprehensive communications and employee engagement strategy.
Recommendation 5: Victoria Police reviews and updates all relevant policies and procedures to ensure they are compliant with legal obligations and provide clear direction for managers to respond effectively to workplace harm and build gender equitable and diverse workplaces.
Recommendation 6: Victoria Police reviews recruitment and exit processes.
Recommendation 7: Victoria Police reviews and amends all arrangements relating to flexible work.
Recommendation 8: Victoria Police reviews and improves arrangements relating to promotion pathways for women.
Recommendation 9: Victoria Police reviews its training and education functions to align learning intent and future capability needs as expressed in the Education Master Plan with organisational processes.
Recommendation 10: People Development Command strengthens management of risks associated with the Academy environment.
Recommendation 11: Victoria Police reviews the inherent requirements for roles to ensure they reflect the tasks required.
Recommendation 12: Management performance in workplace equality and respect should be a compulsory performance field or performance appraisal and reward and incentive systems. Victoria Police should review and identify the appropriate tracking and recording mechanism(s) for inappropriate workplace behaviours that warrant ongoing supervision and management.
Recommendation 13: Victoria Police establish a workplace harm model as outlined in the Review, including • Immediate establishment of an external ‘safe space’ service to provide confidential support to victims/targets of workplace harm • An internal victim-centric workplace harm unit to triage and case manage internal complaints about workplace harm • An Independent Advisory Board (IAB) to provide expert advice and support to the Workplace Harm Unit.
Recommendation 14: Victoria Police reviews the roles of Welfare Services, including peer support, and Police Psychology to ensure their purpose and remit are clarified and to ensure they are properly aligned, resourced and skilled to provide their core functions.
Recommendation 15: Victoria Police establish a specialist human resource business partnering model. Action Plan/Recommendations 35 Recommendation 16: Victoria Police advocate for changes to its operating context and environment, and take interim actions where possible to enhance its flexibility to build diversity, set and enforce Victoria Police values and behaviours.
Recommendation 17: The Victorian Government work with ESSS to undertake a gender impact analysis of the defined benefit scheme, and undertake comparison with other schemes. This analysis should be used as evidence to review the appropriateness of the scheme in supporting contemporary career patterns, flexible work, and wellbeing of all Victoria Police sworn personnel.
Recommendation 18: Request the Victorian Government consider whether there are any legislative barriers in the Victoria Police Act 2013 and Protected Disclosure Act 2012 which prevent disclosure of the subject matter of a protected disclosure complaint of assessable disclosure by Victoria Police personnel or Victoria Police work units to support services and to WorkSafe Victoria. If so, consider most appropriate legislative amendment to enable disclosure in those circumstances.
Recommendation 19: Police Registration and Services Board members should be provided with contemporary training in equal opportunity and human rights law, as well as the impact of sexual harassment and discrimination on victims. This should occur at induction for new members, immediately for current member, and then every two years. PRSB should work with specialist partners to develop guidelines on Equal Opportunity and Human Rights and victim impact in decision-making.
Recommendation 20: The Victorian Government and Victoria Police should streamline and simplify Victoria Police’s existing discipline system by considering and implementing the detailed recommendations for reform in: • the Office of Police Integrity report, A fair and effective Victoria Police discipline system (2007) • the Office of Police Integrity report, Improving Victoria Police discipline and complaint handling systems (2011) • the State Services Authority report, Inquiry into the command, management and functions of the senior structure of Victoria Police (2011).
36 Independent Review Chapter 1 About the Independent Review
Introduction sex discrimination and sexual harassment laws and policies and brings technical experience in complex human rights research. Victoria Police commissioned the Victorian Equal Opportunity and Human Rights The Commission is committed to working Commission (the Commission) to undertake an closely with public authorities, organisations and Independent Review into Sex Discrimination employers to help them meet their obligations and Sexual Harassment, including Predatory under the Charter and equal opportunity Behaviour, in Victoria Police (the Review). laws. The Commission promotes and protects equal opportunity and human rights through The Review’s task was to examine the education, consultancy, dispute resolution, nature, prevalence and impact of sex monitoring and research. discrimination and sexual harassment, and identify the drivers and workplace enablers of sex discrimination and sexual harassment in About Victoria Police Victoria Police. As a result of the Review, the Commission has Victoria Police was formed in 1853 with 875 developed an evidence-based Action Plan personnel. In 2015, the organisation has which contains organisational change strategies a workforce of around 17,000 including and initiatives to promote safety and respect in approximately 13,200 police, 1100 protective Victoria Police. services officers (PSOs) and over 2600 public servants. Additionally, 400 additional police Additionally, 18 months after the release of this custody officers will be recruited over the next Review and then again 12 months after that, a three to four years, with the first squad entering further report will be prepared which audits Victoria the Academy in December 2015. Police’s implementation of the Action Plan and makes any further recommendations necessary. Victoria Police provides policing services to the Victorian community 24 hours a day, seven days a week. Victoria Police services include: About the Commission • responding to calls for assistance in matters of personal and public safety, emergencies The Commission is an independent statutory and serious incidents body that is responsible for the administration of the Equal Opportunity Act 2010 (Vic), the • preventing crime through a range of Charter of Human Rights of Responsibilities proactive community safety programs Act 2006 (Vic) and the Racial and Religious • detecting and investigating offences, and Tolerance Act 2001 (Vic). bringing to justice those responsible for committing them This Review was conducted under the Commission’s research function contained in • supporting the judicial process to section 157 of the Equal Opportunity Act. achieve efficient and effective court case management The Commission has undertaken significant • providing safe custody for alleged offenders, policy development, research and review, supporting victims both in partnership with Victoria Police and independently. The Commission has expertise in
Chapter 1: About the Independent Review 37 • ensuring fair and equitable treatment of • CEO – chief commissioner victims and offenders • Executive – deputy commissioner/executive • promoting safe road-user behaviour.6 director The first two women in Victoria Police were • Head of command or department – assistant employed as auxiliary agents in 1917 and in commissioner/director 1924 four women were sworn in as constables. • Head of division – superintendent/assistant In 1947, Victoria Police introduced uniforms for director women and the following year women started • Head of local area command/inspector. doing street patrols. Further detail about ranks and classifications In 1978, following the introduction of the Equal can be found in Appendix 3. Opportunity Act, female police were allowed to The Victoria Police executive, referred to as work in general duties. In 1989, the first female Executive Command, is comprised of the Chief Assistant Commissioner was appointed and, Commissioner, three deputy commissioners and in 2001, Victoria appointed the first (and only) two executive directors. female police commissioner in Australasia. There are five sub-committees of Executive In April 2015, there were 5618 women in Victoria Command which govern the organisation’s Police (a representation rate of 31 per cent). five areas of management focus: People, 64 per cent of women in the organisation are Community Safety, Service Delivery, Stakeholder police, two per cent are protective services Management and Business Development. officers and 35 per cent are public servants, including forensic officers and executive officers. A Corporate Advisory Group of external A full breakdown of workforce representation by specialists provides strategic advice to the gender is provided in Chapter 7. Victoria Police executive on organisational reform. Current structure There is also a senior advisory group, referred Victoria Police frontline service delivery is to as Command, comprised of heads of divided into four geographic regions with regions, commands and departments. boundaries aligned with other Victorian As well as the policing duties set out in the agencies. Two regions are metropolitan – North Victoria Police Act 2013 (Vic), the organisation West Metro and Southern Metro, while the other has service delivery responsibilities to the State two – Eastern and Western – cover metropolitan of Victoria under numerous Acts including: and rural areas. Regions are further divided into divisions (21 in the state) which in turn contain • Crimes Act 1958 a number of local area commands (54 in the • Terrorism (Community Protection) Act 2003 state), some of which share boundaries with • Emergency Management Act 2013 local government areas. • Family Violence Protection Act 2008 In addition to the four regions, the organisation • Road Safety Act 1986 includes seven specialist operational commands and 11 departments. Each of these • Road Safety Road Rules 2009 organisational units is aligned to one of five • Transport Act 1983 executive portfolios – three headed by deputy • Liquor Control and Reform Act 1998 commissioners and two headed by executive • Firearms Act 1996 directors. • Private Security Act 2004 Governance • Controlled Weapons Act 1990 The levels of management in the organisation • Second Hand Dealers and Pawnbrokers and the usual rank/grade for these levels are as Act 1989 follows: • Sex Offenders Registration Act 2004 • Racing Act 1958 6 Victoria Police, Victoria Police Corporate Plan 2015–18 – Year 1 (2015) 4.
38 Independent Review Many employees Job well done for the Victoria Police for indicated strong putting emphasis and concern on these issues support for Victoria (MALE SURVEY PARTICIPANT) Police undertaking [If you could change anything in Victoria Police ... this Review. what would it be?] You’re doing it now thank you (FEMALE SURVEY PARTICIPANT).
• Casino Control Act 1991 Many Victoria Police employees expressed • Witness Protection Act 1991. excitement and support for Victoria Police commissioning the Review. While the majority of participants were supportive of the Review, Why this Review? some participants spoke of never having experienced or witnessed sex discrimination In late 2014, Victoria Police approached the and sexual harassment. Other participants Commission to discuss a need identified by expressed their concerns about potential Command to understand the prevalence, nature damage to Victoria Police’s reputation. The and underlying causes and drivers of sex Review team respects the seriousness of these discrimination and sexual harassment in Victoria concerns. A range of assumptions and attitudes Police to inform sustainable actions to address underpin these perspectives, which the Review the issues and prevent them from occurring. will address throughout the report. Victoria Police is showing strong leadership in tackling sex discrimination and sexual To provide the best possible service to the harassment through this Review to ensure a community, Victoria Police must ensure a safe safe and respectful workplace for all Victoria operating environment for its employees free of Police employees. sexual harassment, predatory behaviour and sex discrimination. This Review is the first independent review of sex discrimination and sexual harassment If you are going out onto the streets conducted in Victoria Police. to deal with difficult and stressful situations … to properly assist members of the community, you It’s a brave organisation to should, indeed you must, be able when you return to your police station, put up its hand to go through to be in a safe working environment this and the first one to do it, – a non-stressful, non-hostile working and I’m proud of this environment … If the stressors of (EXECUTIVE INTERVIEWEE). the street end up being less than the stressors of the internal workplace, then there is something seriously wrong with the workplace. 7 The Chief Commissioner told the Review
We could have undertaken an internal The fact that this [Review] is review but that wouldn’t have led to systemic change. We need change being undertaken makes me so more quickly. Sunlight is the best proud to be part of Victoria Police disinfectant (Chief Commissioner of (FEMALE SURVEY PARTICIPANT) Victoria Police). [The] initiative on this has The Review spoke with many employees who are extremely proud to work for Victoria Police. salvaged for me some pride in The Review consistently heard that employees this organisation. Please don’t are supportive of measures to address let me down inappropriate behaviours in order for Victoria (MALE SURVEY PARTICIPANT) Police to be the best possible organisation.
7 Chris Ronalds SC, ‘Sexual Harassment – Don’t cop it’ (Speech delivered at the Queensland Police Service Conference, Brisbane, 18 October 2007) 25.
Chapter 1: About the Independent Review 39 Victoria Police has requested the Commission The Chief Commissioner suggested that: provide public, frank and fearless advice on the prevalence and nature, impact and drivers For us, it’s about Victoria Police being of sex discrimination and sexual harassment, an exemplar and a community leader. including predatory behaviour. The Action Plan will carry this work forward. We will be chipping away at Far from being understood solely in terms of these bigger gender issues (Chief individual behaviour and a few ‘bad apples’, Commissioner of Victoria Police). there is a strong international evidence base that demonstrates that gender inequality is Workplaces are effective settings for 9 the key driver of sexual harassment including, prevention of violence against women. By predatory behaviour, and sex discrimination. challenging violence supportive and gender hostile attitudes, workplaces can influence Sex discrimination and sexual harassment, their own internal cultures and gender equity including predatory behaviour is experienced more broadly.10 As a large community-facing by both men and women. However, international organisation, Victoria Police has a unique and national evidence has established that opportunity to champion gender equity in women are more likely to be the targets of Victoria and nationally. sexual harassment, and men are more likely to be the harassers.8 Prevention of violence against women has gained considerable momentum in the last As a result, the Review examines the contextual decade or so. During this time, Victoria Police factors that support or undermine gender has led the way in reforming the way the equality within the organisation. While not all community thinks about and addresses family attitudes and behaviours addressed in this violence and sexual assault and is now focused Review will be seen as violence against women, on delivering community oriented, victim-centric violence against women covers a range of strategies as core business. However, this has criminal and non-criminal behaviours ranging not always been the response to ‘victims’ where from sexual or physical assault to psychological, they are employed by Victoria Police. social and economic harm. The Action Plan prepared by the Commission is supported by a robust evidence base which aims to drive cultural and practice change. Given the increase in media Victoria Police is leading the way attention to and community concern about gender equity By commissioning this Review, Victoria Police is showing proactive leadership in gender equity and violence against women, and the prevention of violence against women. Victoria Police must be on the This Review puts Victoria Police at the forefront front foot in their interactions nationally, and internationally, on working to set with community and within a better standard in the organisation, in their their own workforce. Society as service delivery and vitally, as a very influential part of the broader community. a whole is changing (MALE SURVEY PARTICIPANT). More importantly, it puts policing ahead of major business and government in terms of transparency, accountability and a whole-of- organisation focus. Other governments, sectors and private enterprise are looking to Victoria 9 Victorian Health Promotion Fund (VicHealth), Preventing violence Police for the initiatives and lessons from this before it occurs A framework and background paper to guide the work. primary prevention of violence against women in Victoria (2007) 57. 10 Scott Holmes and Michael Flood, ‘Gender at Work: Exploring the role of workplace equality in preventing men’s violence against 8 See for example, Australian Human Rights Commission, Working women’ (White Ribbon Research Series – Preventing Men’s Violence without Fear: Results of the Sexual Harassment National Telephone Against Women, Publication No. 7, White Ribbon Foundation, 2013) Survey 2012 (2012) 4. 10, 14.
40 Independent Review There are far more decent human beings in the police retain women and a consequent reduction in force than not. The vast workforce diversity has significant efficiency majority of Victoria Police implications for the organisation.15 members’ don’t think sexual The benefits of gender responsive organisations assault or sexual harassment/ are significant. The good news is that Victoria discrimination is acceptable. The Police has much to gain from being a gender level of this shouldn’t define responsive organisation. The Geneva Centre for the Democratic Control of Armed Forces the whole police force. But it (DCAF), a leading international institution in will define us as an organisation security sector governance and reform, states: if we don’t address it with some urgency and focus Focusing on gender – the social differences and social relations (MALE INTERVIEWEE). between men and women – helps a security sector institution to improve its responsiveness to the communities The case for change is compelling it services, boost operational The social, physical, emotional and economic effectiveness, diversify and get the costs of sex discrimination and sexual best from its personnel and meet the harassment on the individual, workplace and highest standards of professional community are well documented.11 accountability.16 The Review heard of the diverse impacts Other benefits include a more productive on individuals, including the physical work environment, improved public trust and and emotional effects of trauma, loss of increased national and international standing.17 commitment to Victoria Police, poor morale, The Australian Human Rights Commission’s feeling undervalued, fears for safety and poor Review of the Australian Defence Force performance. A high organisational tolerance for identified five key motivations for change: sexual harassment can also negatively impact to attract the best talent, reduce costs of women’s work attitudes.12 recruitment and retention, increase capability, be a first class and high performing employer, Recent research confirmed that experiencing and take a leadership position.18 To be an sexual coercion and unwanted sexual attention employer of choice and to recruit and retain in the workplace is directly related to mental the best people, Victoria Police must provide health outcomes.13 When sexual harassment a flexible, safe and supportive environment occurs in workplaces, there is increased which embodies contemporary expectations of team breakdown and hostility, and decreased behaviours and attitudes towards gender equity. productivity and employee morale.14 These in turn have an effect on the organisation’s Victoria Police employees can safely tell capacity to attract and retain women, which their story may create an environment where there is a heightened tolerance of sexual harassment. By commissioning this Review, Victoria Police In addition, a loss of capacity to recruit and has provided a safe and confidential space for current and former employees to share their 11 See for example, Donna Chung, Carole Zufferey and Anastasia Powell ‘Preventing violence against women in the workplace An evidence review: full report’ (VicHealth, 2012).
12 Victor E Sojo, Robert E Wood and Anna E Genat, ‘Harmful 15 See for example Australian Human Rights Commission, Supporting workplace experiences and women’s occupational well-being: A Working Parents: Pregnancy and Return to Work National Review meta-analysis’ (2015) Psychology of Women Quarterly 23
Chapter 1: About the Independent Review 41 experiences, perspectives and thoughts for Context for the research change. The Independent Review is extensive and The Commission acknowledges that for many robust. The Review’s terms of reference look people, participating in the Review was broadly at the organisation, to determine the emotionally demanding and traumatic. prevalence and nature, impact and harm, The Review also acknowledges that for safety as well as the drivers of sex discrimination reasons, many people who have been or are and sexual harassment, including predatory targets or victim/survivors of inappropriate behaviour, and to report on initiatives to drive behaviours did not participate in the Review. cultural and practice change. It is the Commission’s hope that Victoria Police’s implementation of the Review’s Traditional models of managing obligations recommendations will go some way towards around equal opportunity have focused on legal assisting these people to gain safety and compliance and risk/reputation management equality in their workplace. where employers show they have taken reasonable precautions over time to reduce In order to succeed, Victoria Police, through and prevent sex discrimination and sexual the Action Plan, must address the drivers of harassment, demonstrated through development sex discrimination and sexual harassment, and implementation of policy, training and and empower victims and witnesses to report complaints processes. The aim of these models behaviour, enable bystanders to ‘call out’ the has been to deter or respond to misconduct by behaviour, and address enabling culture more individuals and assumes that a combination of broadly. organisational standards, individual accountability and response will expiate an organisation’s responsibilities by compliance with the law.
Benefits of cultural reform Financial and ethical performance improvements: Enhanced capability: • A high performing, diverse and capable workforce • Improved workforce performance and impact measures • Diversity in leadership and decision- making • High employee satisfaction and engagement rates • Realising the potential of a professional workforce • Universal capability • Greater return on investment in training • Thought leadership and professional development • Deeper talent pools • Reduced direct and indirect costs of • A Victorian employer of choice. workplace harm.
Improved community confidence: Safety: • Showing leadership and influencing • A safe and resilient workforce broader community attitudes to prevent • Best practice responses to all victims of harm harm (internal and external) • Driving community attitudes on respect • Increased confidence to ‘call out’ and safety behaviours and report, moving to • A workforce that reflects the community in decreasing need to report over time (in which it works line with success in prevention measures) • A workforce that internalises human • Strong leaders at every level who rights concepts and is sophisticated in its understand and prevent harm across interaction with community. internal and external communities.
42 Independent Review This Review draws on the growing evidence base Lessons from other reviews on primary prevention, which recognises the The Review’s recommendations draw from benefits of diversity and the harm of inequality. good practice and studies in this area in The aim of this Review is to ensure Victoria the Australasian context. These include, Police is well placed to achieve equality and the Australian Human Rights Commission’s prevent harm before it occurs, by addressing the completed Reviews into the Treatment of Women attitudinal and structural barriers to equality. The in the Australian Defence Force Academy (Phase Review outcomes will be driven by leadership 1 report) and the Australian Defence Force with the power to make change at multiple (Phase 2 report); the 2006 Ronalds’ Inquiry into levels, work to understand the underlying causes Sex Discrimination and Sexual Harassment in and drivers before determining actions, and to the NSW Police, and the 2007 New Zealand structure, stage and measure the success of Commission of Inquiry into Police Conduct. mutually reinforcing strategies over time. The Review has also made reference to work The Review leverages the significant work being undertaken in other sectors and internationally, undertaken nationally though the National Plan including police, the private and public sector to Reduce Violence against Women and their and military organisations. Children (2010–2022). The Review utilises the evidence base developed by VicHealth (2007) Legal context on the drivers of violence against women, including sexual harassment, including the There are a range of complementary obligations costs to the economy and the community under the law which hold organisations of gender inequity. The Review has been responsible for the health and safety of their informed heavily by the extensive consultations employees. The Equal Opportunity Act also undertaken in the development of the New requires that employers take proactive steps National Framework.19 to eliminate sex discrimination and sexual harassment from occurring in the first place. The commissioning of this Review is part of The law reflects the growing recognition of the a suite of initiatives being implemented by need to address the structural and systemic Victoria Police to address harm and safety within barriers to equality. the organisation. This includes the directions set out in the Victoria Police Blue Paper: A The Equal Opportunity Act contains definitions Vision for Victoria Police in 2025, and through of sex discrimination, sexual harassment and corporate planning and prioritisation, including victimisation. occupational health and safety and mental health initiatives. It includes strategies to diversify and professionalise the workforce and the new What is discrimination? victim-centric service delivery model plan, Future directions for victim-centric policing. Discrimination includes ‘direct’ or ‘indirect’ discrimination on the basis of 18 protected The Review is mindful of the unique role Victoria attributes (including sex, parental and carer Police plays in addressing gender inequality status, pregnancy, breastfeeding, marital status and violence against women as an employer, and personal association with a person with one in service delivery, and influencing community of the protected attributes).20 Discrimination is attitudes more broadly. This is particularly unlawful when it happens in particular areas of pertinent in the context of the forthcoming public life including the workplace. reports from the Victorian Royal Commission into Family Violence. The Review has also been Direct discrimination is when a person treats, able to draw some lessons emerging from the or proposes to treat, a person with a protected national Royal Commission into Institutional attributes unfavourably because of that attribute Responses to Child Sexual Abuse. (s 8(1)).
19 OurWatch, VicHealth and Australia’s National Research Direct discrimination may occur because people Organisation for Women’s Safety (ANROWS), Framework make assumptions about what people with certain foundations 2: Think pieces, stakeholder consultations, issues, implications and approach. Companion document to Change the personal characteristics can and cannot do. It Story: A shared framework for the primary prevention of violence against women and their children in Australia (2015). 20 Equal Opportunity Act 2010 (Vic) s 7(1). Chapter 1: About the Independent Review 43 can also be related to personal preference and Sex: in Victoria, it is against the law to prejudices. In determining whether a person discriminate against someone because of the directly discriminates, it is irrelevant whether or person’s sex. not the person is aware of the discrimination or Parental and carer status: it is against the law to considers the treatment to be unfavourable (s 8(2) discriminate against someone because of their (a)). It is also irrelevant whether or not the personal actual or assumed parental or carer status or characteristic is the only or dominant reason for the family responsibilities. ‘Parental status’ includes treatment, provided that it is a substantial reason (s being a biological parent, step-parent, foster 8(2)(b)). parent, adoptive parent or guardian. ‘Carer Indirect discrimination occurs when a person status’ refers to someone who has total or imposes, or proposes to impose, an unreasonable significant responsibility for the care and support requirement, condition or practice that purports of another person. The person needing care to treat everyone the same, but has (or is likely to may be a child, a partner, a parent, a relative or have) the effect of disadvantaging persons with a friend. Carer status does not apply to people one of the 18 protected attributes (s 9(1)). who are paid to provide care and attention. The person who imposes or proposes to impose Under the Equal Opportunity Act, it is against the requirement, condition or practice has the the law for an employer to unreasonably refuse burden of proving that the requirement, condition to accommodate an employee’s responsibilities or practice is reasonable (s 9(2)–(3)). as a parent or carer in relation to their working arrangements. Failure to do so also amounts to For both direct and indirect discrimination, discrimination under the Act. when determining whether or not a person is discriminating, that person’s motive is irrelevant If an employee genuinely thinks the employer (s 10). It is also irrelevant whether a person has unreasonably refused their request, they discriminates by acting alone or in association are entitled to the same dispute resolution with someone else, or whether the discrimination options as anyone else who feels they have been occurs through doing an act or failing to do an act discriminated against. (s 11). The obligation to not unreasonably refuse Systemic discrimination: Discrimination can requests to accommodate an employee’s become systemic when entrenched in an parental/carer responsibilities is not overridden organisation. Institutional patterns of behaviour by the right to request flexible working or actions affect a range of people. These arrangements under section 65 the Fair Work behaviours and actions can form part of Act 2009 (Cth). The two provisions operate organisational culture that may be reinforced by concurrently and employers must ensure they policies or procedures. comply with both provisions, in considering requests by employees to change their working An example of systemic discrimination may be arrangements.21 a policy that allows only employees who work a minimum of 40 hours per week to be eligible Pregnancy and breastfeeding: it is against the for promotion. This policy is likely to have a law to discriminate against a woman because disproportionately negative impact on women, she is pregnant or might become pregnant or who on average, undertake more parental and because she is breastfeeding or expressing milk. carer responsibilities than men and who are Marital status: it is against the law to discriminate consequently more likely than men to work less against someone because of the person’s actual than 40 hours per week. Hence, the policy favours or assumed marital status. Marital status refers men in opportunities for promotion. to whether or not someone is single, married, Some of these protected characteristics apply divorced, widowed, separated or a domestic specifically to women (such as pregnancy partner. The term domestic partner covers and breastfeeding). Others apply to everyone. all couples, irrespective of sex and sexual However, discrimination affects women more than orientation. men. Relevant characteristics for the purpose of the Review are: 21 Fair Work Act 2009 (Cth) s 66.
44 Independent Review The Equal Opportunity Act also provides that it is unlawful discrimination if an employer The Positive Duty unreasonably refuses to accommodate the Under the Equal Opportunity Act, employers needs of parents and carers (ss 17, 19). must ‘act’, not just ‘react’. That is, Workplace bullying based on your sex amounts employers have a positive duty to prevent to discrimination under the Equal Opportunity sexual harassment in their workplace, not Act and so forms part of this Review. just respond to complaints if they arise. This requirement compels organisations to What is sexual harassment? do all they can to prevent discrimination happening in the first place, rather than Under the Equal Opportunity Act, sexual simply responding after a complaint harassment is unwelcome sexual behaviour, has been made. As well as preventing which could reasonably be expected to make a individual claims of discrimination, person feel offended, humiliated or intimidated this requirement aims to help address (s 92). the systemic causes of discrimination, Sexual harassment can be physical, verbal or sexual harassment and victimisation.22 written. It can include: • comments about a person’s private life or the Sexual harassment, sex discrimination and way they look predatory sexual behaviour are driven by • sexually suggestive behaviour, such as gender inequality and stereotypes about the leering or staring roles and characteristics of men and women. A detailed discussion on the drivers of these • brushing up against someone, touching, behaviours can be found in Chapter 2. fondling or hugging • sexually suggestive comments or jokes Predatory behaviour is defined in this Review within the definition of sexual harassment. • displaying offensive screen savers, photos, It is also defined more broadly as a misuse calendars or objects of authority or influence with the intention of • repeated requests to go out on dates exploiting others for sexual or other personal • requests for sex gratification. • sexually explicit emails, text messages or posts on social networking sites. What is victimisation? Sexual harassment is against the law and some types of sexual harassment can also be Victimisation is subjecting someone to a a criminal offence. A single incident is enough detriment, or threatening to do so, because to constitute sexual harassment – it does not they spoke up about their rights, made a have to be a repeated incident. The intent of the complaint, helped someone else to make a harasser is not relevant. complaint about discrimination, or refused to do Sexual harassment may also meet the definition something that would be a contravention of the of discrimination under the Equal Opportunity Equal Opportunity Act. Victimisation is against 23 Act. This will depend on the circumstances in the law. each case. For example, if a workplace culture For example, one of your employees could is hostile to women, organisations may be claim victimisation if they are demoted, open to claims of both sexual harassment and ostracised or denied a promotion because sex discrimination. This is because harassing they made a complaint, even if they are not the conduct may result in a woman being subject to person who was the direct victim or target of unfavourable treatment in employment. the discrimination.
22 Equal Opportunity Act 2010 (Vic) s 15. 23 Equal Opportunity Act 2010 (Vic) ss 103–104.
Chapter 1: About the Independent Review 45 Vicarious liability Occupational health and safety Under the Occupational Health and Safety Act Victoria Police is vicariously liable for 2004 (Vic), employers have a general duty to sexual harassment, discrimination, and maintain a workplace that is safe and without victimisation by its employees in the risks to health as far as is reasonably practical. course of their employment unless it can Employees also have a duty of care to ensure prove that it took ‘reasonable precautions’ that they work in a manner that is not harmful to to prevent the sexual harassment, the health and safety of others. Evidence shows that where a person experiences unwanted discrimination or victimisation from 24 sexual conduct in a work environment, it puts happening in the first place. them at risk of physical and psychological In practice, Victoria Police can be harm, including depression and anxiety.26 If vicariously liable for sexual harassment, an organisation has not met the positive duty discrimination or victimisation: to prevent sexual harassment, it may not be complying with its duty under the Occupational • by its managers or supervisors; or Health and Safety Act, and may be at risk of claims being made against it. • by other employees where their managers or supervisors failed to take Federal laws reasonable precautions to prevent the Sexual harassment in the workplace may unlawful conduct. also be against the law under the federal Sex Discrimination Act 1984. Sexual harassment is covered directly under the Sex Discrimination Other relevant laws Act and can, in some circumstances, also fall within the definition of sex discrimination. Charter of Human Rights and Employers also have a duty to comply with the Responsibilities federal Fair Work Act. The Fair Work Act deals The Charter requires public authorities, with discrimination and prohibits any adverse including Victoria Police, to consider and protect action against employees and prospective human rights when they make decisions. 25 employees on a number of grounds including race, sex (relevant where sexual harassment Public authorities have a legal obligation to act also constitutes sex discrimination), age, compatibly with human rights when they set disability, pregnancy or parental status. policies and procedures, handle complaints, investigate crimes, and make decisions about Contract or tort whether or not to lay criminal charges against a person. Sexual harassment can also amount to a breach of the common law duty of care as an employer, In making these decisions, Victoria Police or a breach of an implied term of mutual trust has obligations to promote the rights of all and confidence in a contract of employment. employees. Relevant Charter rights comprise, As such, an organisation could face claims of for example, equality before the law, which breach of contract or negligence. includes the right to equal protection of the law; and freedom of expression, which includes the Criminal law right to receive information. Some types of sexual harassment are also Human rights are not the only consideration, but offences under criminal law. This can include they are part of the decision-making framework indecent exposure, stalking, sexual assault and that all public authorities must apply. obscene or threatening phone calls, letters, emails, text messages or postings on social networks.
24 Equal Opportunity Act 2010 (Vic) ss 109–110. 26 Joe Catanzariti, ‘Discrimination Can be Costly’ (2009) 47 Law 25 Charter of Human Rights and Responsibilities Act 2006 (Vic) s 38. Society Journal, 42.
46 Independent Review International obligations provide a robust evidence base for the findings and recommendations included in this report. At the international level, Australia is a signatory to the Convention on the Elimination of all Forms The methodology was assessed as complying of Discrimination against Women (CEDAW). with the National Statement on Ethical Conduct The Preamble to the Convention states that in Human Research (2007) by the Department discrimination against women: of Justice Human Research Ethics Committee.
… violates the principle of the equality of rights and respect for human dignity, Principles underpinning the is an obstacle to the participation of Review women, on equal terms with men in the political, social, economic and cultural Principles underpinning the Review include: life of their countries, hampers the growth of the prosperity of society and Safety and wellbeing-focused and the family and makes more difficult the victim-centric process full development of the potentialities of women in the service of their countries Due to the possibility of participation in the and of humanity. 27 Review raising difficult issues for participants, all participants in the research were offered a The Convention recognises that discrimination range of opportunities for referral to Centres not only has an impact on the ability of women against Sexual Assault (CASA), Victoria Police to participate in equal terms with men in the Welfare Services and other support services. workplace, but that the impact is far-reaching, Interviews were conducted at a location of the affecting the lives and the health of women participant’s choosing, whether at a Victoria more broadly. Police location, at the Commission’s offices In 2009, the Optional Protocol to CEDAW came or at an independent location. All interview into force for Australia, allowing individuals participants were asked to review and approve to make a communication to the CEDAW their notes in full, as well as any quotes used Committee about a violation of rights protected in context to ensure that they felt that the under CEDAW provided there are no other ways interviewer had accurately captured their to deal with the complaint at the domestic level. experiences and perceptions and that they The Optional Protocol also enables the CEDAW were not identifiable. Committee to investigate claims of serious or systematic violations of CEDAW through an Confidentiality inquiry. In deciding whether or not to participate in the Review, many people were extremely concerned Methodology about confidentiality. The Review received many calls from prospective participants seeking to be involved but who were anxious about their In order to understand the prevalence, impact involvement affecting their personal safety. and drivers of sex discrimination and sexual It was incumbent upon the Review team to harassment within the organisation and to make ensure that all participants could be guaranteed recommendations to address these behaviours confidentiality. All notes were numbered and within the organisation, this Review utilised a recorded without identifying information. mixed methods approach. The Review drew on Identifying information was kept separately literature and public policy relating to violence to interview notes. Participants selected the against women broadly rather than taking a process by which they would like to receive their purely compliance based approach. A variety notes for approval. All information relating to the of qualitative and quantitative data sources Review was accessible only to the Review team were subject to analysis and synthesis to with strict data security mechanisms in place.
27 Convention on the Elimination of All Forms of Discrimination against Women, opened for signature on 18 December 1979, 1249 UNTS 13 (entered into force 3 September 1981) Preamble.
Chapter 1: About the Independent Review 47 Voluntary participation Victoria Police Participation in all aspects of the Review was • Former Deputy Commissioner Lucinda entirely voluntary. Where people did agree to Nolan, Deputy Commissioner Wendy be interviewed, they were offered opportunities Steendam (from October 2015) – Co-chair to withdraw from the interview at any time. This • Assistant Commissioner Stephen Leane/ included withdrawing part or all of their data at Assistant Commissioner Luke Cornelius any stage up to publication of the report. (from October 2015) • Commander Shane Cole, Director Health Comprehensive and inclusive approach Safety and Deployment, Human Resource All Victoria Police personnel including police, Department public servants and protective services officers • Fiona Stubbs, Executive Advisor, Office of were invited to participate in the Review. A the Chief Commissioner range of data collection mechanisms aimed • Inspector Margaret Lewis, Staff Officer to to ensure flexibility for the workforce in terms Deputy Commissioner Lucinda Nolan. of the manner in which they could participate. The Review was advertised through a range Victorian Equal Opportunity and Human Rights of internal and public media, encouraging Commission participation by both the current workforce, including those on leave, former Victoria Police • Catherine Dixon, Director, Victorian Equal personnel, and supporters or families of those Opportunity and Human Rights Commission affected. – Co-chair • Wendy Sanderson, Manager, Independent Review, Victorian Equal Opportunity and Governance Human Rights Commission • Tessa Van Duyn, Legal Manager, Victorian The Expert Panel Equal Opportunity and Human Rights The Commission appointed an Expert Panel Commission. to provide advisory support to the Review. A key factor for success was to ensure The Expert Panel is led by Commissioner organisational ownership by Victoria Police of any Kate Jenkins, Victorian Equal Opportunity and findings and associated recommendations. The Human Rights Commission and also includes: establishment of the project Steering Committee and regular meetings helped to ensure that this Peter Marshall, former Commissioner of New would be the case. It is anticipated that these Zealand Police meetings will continue throughout the three-year Professor Paula McDonald, Professor of Work project implementation phase. At a practical and Organisation, Queensland University of level, the Steering Committee also shared Technology Business School relevant organisational information to facilitate the Major General Gerard Fogarty AO (retired), implementation of the project. Chief Executive Officer of Defence Health The Commission has responsibility for the Limited. methodology, content and release of information. No identifying information was or will be shared Steering Committee with the Steering Committee. The Review is supported by a Steering Committee, which has monitored progress over the life of the project to ensure accountability Data sources for the deliverables of the project. It will be responsible for managing risks identified through The Review’s communications strategy was the Victoria Police organisational risk plan. inclusive and exhaustive to ensure the workforce could participate through a number of different The Steering Committee comprises: mechanisms. It had high levels of engagement from the workforce. The findings and
48 Independent Review recommendations in this report are based on an had experienced sex discrimination or sexual analysis of qualitative and quantitative data. harassment. Because personnel on long- term leave cannot access their email, a letter Quantitative data sources included: about the survey was sent by the Acting • An online survey Chief Commissioner to all these personnel • Victoria Police corporate data. encouraging them to participate. Qualitative data sources included: The survey was open from 15 February 2015 to 20 April 2015. • Confidential interviews with current and former personnel, and their supporters The survey is likely to comprise the largest • Confidential written submissions survey of workplace sexual harassment: • Interviews with internal and external • ever conducted in the world, aside from individuals with expertise relevant to the United States military studies Review terms of reference • ever conducted in policing worldwide • Site visits. • ever conducted in Australia, including those using military/defence samples. This Survey includes the three Australian Human Rights All current Victoria Police personnel, including Commission community surveys of sexual police, protective services officers and public harassment, though these are large and servants, were offered the opportunity to complete representative enough to provide valuable an online survey. The survey was hosted on the comparisons in the Australian context. cloud based Survey Gizmo service. The survey was started by participants a The survey questions covered: demographics; total of 5552 times. Examination of individual prevalence and incidence of sexual harassment responses, disqualified 665 of these from the and predatory behaviour; the nature and impact analysis. The majority of these were disqualified of sexual harassment; experiences of reporting because the participant did not answer any and responses to reports; attitudes towards items beyond the demographic questions. Two gender-related issues in the workplace; and participants were disqualified due to ‘nuisance suggestions for changes to promote safety and responding’. This left a total of 4887 people respect. with valid data who participated in the survey including 2898 men (59 per cent), 1851 women A number of questions from the following (38 per cent) and 138 people (3 per cent) who surveys were included to enable comparative preferred not to disclose their gender. analyses: Of the 4692 participants who disclosed their • the 2012 Working without Fear: the Sexual employee category, 71 per cent (3311) were Harassment National Telephone Survey, police, 24 per cent (1123) public servants Australian Human Rights Commission and 5 per cent (258) protective services (AHRC) officers. Compared to the overall Victoria Police • the 2012 AHRC Sexual Harassment Prevalence workforce, police were under-represented in Survey: Prevalence and nature of sexual the sample (77 per cent of the Victoria Police harassment in the Australian Defence Force workforce are police compared to 71 per cent of • the 2013 VicHealth National Community survey participants). Protective services officers Attitudes towards Violence against Women were also slightly under-represented (7 per cent survey. of the workforce compared to 5 per cent of A technical report including the full survey is survey participants) and public servants were available online. over-represented (24 per cent of the workforce compared to 31 per cent of survey participants). An invitation to participate in the online survey was emailed by the VEOHRC Commissioner The survey did not use ‘forced choice’ to all current Victoria Police personnel. The programming which requires people to answer email explained that the survey was for every question before they can move on to the everyone, regardless of whether or not they next question, thus not all participants answered
Chapter 1: About the Independent Review 49 all questions relevant to them. It should also be Expert interviews noted that many of the survey questions enabled Interviews were conducted with Victoria Police respondents to select more than one response employees, including members of Executive option for a question. Command, Command and personnel from work To help protect the identity of participants areas that have a broad bearing on the areas in reporting results, the Review followed of sex discrimination and sexual harassment. Australian Bureau of Statistics guidelines for Some were identified via a ‘snowball’ technique ‘confidentialising’ data. No summary statistics where they were referred by other participants which contained fewer than five responses are as having relevant expertise, knowledge displayed. or experience of organisational issues and processes relating to the terms of reference. Confidential interviews A number of people with relevant experience Current and former Victoria Police personnel and knowledge from outside Victoria Police were offered the opportunity to take part in a were also interviewed. A number of participants confidential interview by phone or in person also agreed to talk off the record in which case by contacting the Commission via a dedicated their comments informed the Review but were telephone number or email address. The not quoted. confidential email and phone lines were staffed These participants were interviewed between 7am and 7pm to enable people to call using a semi-structured format to gain an outside of standard work hours. Interviews were understanding of the organisational context and also available to family members or friends of environment, strategy, policy, best practice and those affected. areas requiring attention. All expert interviews The interviews were conducted in a semi- were attended by two staff from the commission structured format that allowed participants to to enable one member to ask questions while discuss the issues most relevant to them in the other took notes of the conversation. relation to the terms of reference of the Review. 69 interviews were conducted with quotes from They were offered as telephone interviews, 42 ultimately being approved for inclusion. in person or via Skype. All interviews were attended by two staff from the Commission to enable one member to ask questions while the Written submissions other took notes of the conversation. Although not initially advertised as a pathway to participation, nine current or former Victoria Participants were given the opportunity to Police personnel who did not participate review the notes taken during their interview and in a confidential interview sent in written provide general approval for the anonymous submissions. These were typically individuals inclusion of their responses in the report. After who had telephoned the confidential telephone writing the report, participants were given a line and sought to provide information to the second opportunity to see their comments in Review but were concerned that participating in context and to make a decision as to whether a confidential interview would jeopardise their they were happy with their inclusion. This was anonymity. a necessary step as participants were often extremely concerned that their comments Site visits would be identifiable. It did, however, mean that ultimately not all interviews were approved for The Review team also undertook a range inclusion. It also meant that sometimes people of observations through visits to 37 work made significant amendments to their interviews, sites. Discussions were held with staff at the including the submission of significant additional work sites in order to gain a comprehensive information as ‘proof’ of their experiences. This understanding of the organisational context is likely to be a consequence of the evidentiary and operational environments and to ensure culture of a policing organisation. Of the 70 the applicability and relevance of any interviews undertaken as part of the Review, 62 recommendations to the diverse work sites that individuals approved their quotes for inclusion. comprise the Victoria Police workforce. The
50 Independent Review Review team de-identified notes of participant sex discrimination and sexual harassment in the observations on site visits and associated workplace. informal discussions with management and Second, interview, observational and staff at the relevant worksites. documentary data were coded according to the A summary of site visits is provided at thematic structure of the coding framework. As Appendix 5. the details of the findings became more clearly evident, iterative adjustments were made to the Victoria Police corporate data framework in order to minimise conflation and The Review also requested a range of overlap between thematic areas. internal data from Victoria Police to assist the Commission in undertaking the Review. Quantitative This included workforce data which captured Survey results were analysed using Survey recruitment, retention and advancement Gizmo; Excel and SPSS. Questions with ‘other’ statistics. It also included complaints and response options were recoded into existing incident data from the Human Resource or new categories. Responses were subject Department and Professional Standards to frequency analysis to examine proportions Command databases, including de-identified of responses in the whole sample or subsets complaints, investigations and assessments. of the sample. Responses to most questions Victoria Police data was not always available were examined by gender, while others were or only available in a format that would have examined by employee group (police, public potentially informed the Review. Available data servant, PSO) or sexual orientation. Where has been used where relevant. questions from other surveys had been used, results were compared in order to identify Victoria Police policies and guidelines whether there were differences in the Victoria In addition, Victoria Police provided the Review Police sample. with a range of policy, governance and planning Other quantitative data such as Victoria Police documentation as well as guidelines and workforce data were also subject to frequency standard operating procedures from specific analysis by gender and other variables. work areas. These included the Victoria Police Manual, organisational and business unit plans, Synthesis current and previous Enterprise Bargaining Qualitative and quantitative findings related to Agreements, reviews of areas of policing and a each theme were summarised and refined for range of other materials. presentation in discrete chapters for the final report. Policy and response recommendations Data analysis presented in the report were developed from the evidence collected during the Review and Qualitative are supported, where relevant, by key studies in the field. Some reference is also made to Analysis was undertaken in several stages. First, other organisations demonstrating relevant following the completion of data collection, a organisational practices. broad coding framework was developed by the Review Team, in consultation with the Expert Panel, on the basis of key themes emerging from the data; the collective knowledge of the Review Team and the Expert Panel about relevant organisational structures and processes in Victoria Police; and consideration of the international evidence base related to
Chapter 1: About the Independent Review 51 Chapter 2 Drivers of sex discrimination and sexual harassment in Victoria Police
Main findings Introduction
• Victoria Police employees have wide Historically, Australian organisational responses ranging views about gender inequality in to sexual harassment and sex discrimination, their workplace, with many believing the and initiatives to improve gender equity have workplace has improved over time. been based on legislative and compensation • Victoria Police employees’ understanding requirements set out in the Equal Opportunity about what was valued as being ‘good legislation. These responses have been police’ closely mirror gender-related social progressed without considering the principles norms such as toughness, resilience, that underpin this legislation more broadly, strength, sexual assertiveness and being a including a need to proactively address ‘good bloke’. the drivers of discrimination and systemic inequality. • Homophobia and sexuality-based hostility is widespread. In short, laws have required organisations to • There was a double standard for women show they have taken reasonable precautions, employees. They were regarded as over time, demonstrated through the less competent, felt the need to ‘prove development and implementation of policy, themselves’ and were perceived as less training and complaint processes. However, committed to their careers because of caring these initiatives have not been successful in responsibilities and requests for flexible work achieving gender equity. arrangements. The Review notes that these approaches • Women adopted a range of strategies to fit were not derived from an understanding of into workplace norms and expectations of the drivers of sexual harassment and sex how to conduct themselves in the workplace. discrimination. Experience of the sectors • Victim-blaming attitudes were widely held engaged with the issue of violence against about women who experienced or reported women, which acknowledge the drivers sexual harassment. of systemic inequality and harm, provide effective lessons and evidence on action • For police members, policing is a life- needed to reduce sexual harassment and sex long career which creates longstanding discrimination. relationships with colleagues. This has positive and negative implications for Addressing practices, processes and professional boundaries, insular workplaces workplace behaviours is the area in which and workplaces that implicitly and explicitly Victoria Police has the most direct influence to differentiate employees on the basis of their address and prevent sexual harassment and employment type, police, public service, sex discrimination. To do so, understanding the protective services officers (PSOs) and on causes of those behaviours is imperative. the type of work they do.
52 Independent Review This understanding of prevention of violence in nature, from sexual or physical assault to against women has been the premise of psychological, social and economic harm. work and advocacy of successive Chief The nature and prevalence of sex discrimination Commissioners in seeking respectful and and sexual harassment in Victoria Police are set equitable relationships between men and out in Chapter 3. women in the community as a means to end family violence and sexual assault. Taking a rights-based approach, all forms of violence against women can be understood as While not all attitudes and behaviours ‘a form of discrimination that seriously violates addressed in this Review will be understood as and impairs or nullifies the enjoyment by women violence against women, many forms of sexual and girls of all human rights and fundamental harassment described to the Review are just freedoms.’28 that. Violence against women covers a range of behaviours that may be criminal or non-criminal 28 (UN Commission on the Status of Women 2013: 3).
Attitudes matter Gender inequality is reflected and supported in multiple ways including through commonly held community assumptions and implicit and explicit rules or expectations about the ‘way we do things’ (norms) that include: • gender identity norms or commonly held ideas about the attributes and behaviours expected of men and women and the value given to them. An example of this is that men are logical and women are emotionally driven. • gender role norms or commonly held ideas about the roles of women and men in public and private life, such as women as primary carers and men as breadwinners or men being better suited to physical tasks and women more suited to caring tasks. • how men interact with other men (such as the ‘brotherhood’ or ‘boys club’); how women interact with other women and how they interact with each other in public and private life (Victoria Police ‘blue family’). Attitudes that support gender inequality are reinforced and perpetuated through: • enabling structures that promote the unequal share of economic, social and political power and resources between men and women and political, government, legislative and policy mechanisms that reinforce this inequality. • enabling practices, processes and behaviours at individual, organisational, social and cultural levels that reflect and reinforce gender inequality. Recent research has found that there is a gap between contemporary evidence about the drivers of violence against women, and community understanding of the issue.29 In the context of Victoria Police, this Review examines the structural and external contextual factors as well as organisational policies, processes and practices to understand the extent to which they have enabled, left unchallenged or supported gender inequality as the key driver of sex discrimination and sexual harassment in Victoria Police.
28 United Nations Commission on the Status of Women, Report on the fifty-seventh session (4–15 March 2013) UN ESCOR, Supp No 7, UN Doc E/2013/27-E/CN.6/2013/11, 2. 29 VicHealth, Australians’ attitudes to violence against women. Findings from the 2013 National Community Attitudes towards Violence Against Women Survey (NCAS) (2014).
Chapter 2: Drivers of sex discrimination and sexual harassment in Victoria Police 53 Figure 1: Safety through equality and respect: A shared framework for the primary prevention of violence against women and their children in Australia (2015)
Dominant social norms supporting rigid roles N and stereotyping, or condoning, excusing and O downplaying violence against women Societal level RM S
S E Failure of systems, institutions and policies to promote R women’s economic, legal and social autonomy, or to U T System and adequately address violence against women C institutional level U R T
S Organization Organisation and community systems, practices and and norms supporting, or failing to sanction, gender community level inequality, stereotyping, discrimination and violence
Individual adherence to rigid gender roles and individual and identities, weak support for gender equality, social relationship level learning of violence against women, male dominance and controlling behaviours in relationships
PRACTICES Examples of structures, norms and practices found to increase the probability of violence against women, at different levels of the social ecology
Attitudes about women and men perceptions and concerns about gender (in) equitable attitudes and practices and the urgent in Victoria Police need to address these attitudes.
There are plenty of good men who just don’t see it – they don’t see how that Victoria Police employees do not live behaviour affects women. Sometimes in a vacuum. They are individuals they realise when you point it out. They and community members as well as would never lay a hand on a woman employees, whose attitudes reflect and but they don’t see the continuum. Then inform broader community and societal you get some who are violent and attitudes about the identity, roles and controlling straight out. I think some assumptions and expectations about unfortunate community attitudes can how men and women should be, what be reflected in the organisation. There they should do and how they should are some poor attitudes to women interact. (former executive). Others told us that they did not think that gender was a ‘problem’ for them or one that they had Throughout the Review, police employees observed through their policing career to date. communicated their attitudes and perceptions Some interviewees suggested that where sexual about women and men’s gender identity, their harassment or sex discrimination had occurred, roles in the workplace and interactions among it had been isolated – ‘a few bad eggs’ – or a and between women and men. Many police reflection on individuals rather than a systemic employees shared with the Review their issue. 54 Independent Review Gender inequality and other forms of Perceptions of changed workplace discrimination attitudes to women There was broad recognition by Victoria Police There is broad agreement, expressed through employees of the lack of diversity within a mix of relief and that the culture in Victoria Victoria Police, both with regard to sex and Police has changed. other attributes named by employees including sexuality, race and ethnicity. Compared to those attitudes back to the 1970s, things have changed The organisation has been very Anglo- significantly in a relatively short period Saxon and male dominated (male of time. In the 1970s, people would interviewee). have a cigarette and a drink before going home. It’s changed for the better Sex discrimination and sexual harassment can in most ways. The good old days affect people of all gender and sexual identities. weren’t so good (male interviewee). Men and women’s identities are also shaped by other identities, circumstances and contexts, Then you get to policewomen two including their sexuality, race, religion, ability, generations ago. They were in a economic status, immigration status and so on. dangerous, alpha male business. They had to be tougher, louder, swear more … in other areas of Victoria Police and they couldn’t cry (external expert). there is sexual, racial discrimination and religious vilification as well, I think While it is widely acknowledged that Victoria they’re all hand-in-hand (are present) in Police had improved in terms of numbers of a lot of respects (male interviewee). women in some areas over the past decade, attitudes and behaviours that persist within The evidence for the new National Framework Victoria Police are at odds with its commitment to Prevent Violence against Women, provides to provide a safe workplace. a useful way of understanding the intersection between women and men’s experience of The shit flows down hill. We have a sexual harassment and sex discrimination. crap upper management. It has a boy’s The research acknowledges that inequality club. The sergeants are a boy’s club between men and women will persist until all (female interviewee). forms of sex, gender and sexuality hostility It’s about respect for women; it really and discrimination are eliminated, including is a football club mentality. I see guys homophobia, transphobia and hostility and who stick together really closely (male discrimination towards intersex people.30 interviewee). As in the wider community, there are a broad range of views held by men and women in Victoria Police about the need to address sex discrimination and sexual harassment and the norms that inform those behaviours. This reflects widely differing experiences and perceptions of sex discrimination and sexual harassment in the Victoria Police workplace. However, In Victoria Police, as in the wider community, sex discrimination and sexual harassment are predominantly experienced by women and perpetrated by men. 30 OurWatch, VicHealth and Australia’s National Research Organisation for Women’s Safety (ANROWS), Change the Story: A shared framework for the primary prevention of violence against women and their children in Australia (November 2015)
Chapter 2: Drivers of sex discrimination and sexual harassment in Victoria Police 55 Attitudes towards gender equality management levels is imperative for culture change to be achieved.33 While many police employees characterised views of gender inequitable attitudes as being Victoria Police and policing identity of a previous generation, sometimes referred to as ‘dinosaurs’ or ‘crusties’, recent research on community attitudes suggests that these views Police and the nature of police work are not confined to older generations. Police and the‘Being nature a police of police officer work is not Recent research found that young people in Australia demonstrate lower levels of what I do, it is who I am’, was understanding of violence against women, are the constant theme running less likely to reject violence-supportive attitudes through my head and to and have a lower level of support for gender that end, I swore an Oath of equality than older Australians.31 Allegiance to uphold what At the same time, older people are more likely to was right, without favour or hold violence-supportive attitudes, are less likely affection, malice or ill will. In to have a high level of support for gender equality, and are less knowledgeable about violence my thinking, determining what against women.32 was ‘right’ was part of my Generational change is not sufficient to resolve job as a sworn Constable of a the issue within Victoria Police. legislated Constabulary. In many ways, it still is These dinosaur attitudes will have to just die out in the current system. (FEMALE INTERVIEWEE). They will eventually, but I’m concerned about who will replace them With the exception of police trained in other (female interviewee). states, there is currently no opportunity for people to join Victoria Police as a sworn police member, Unfortunately some of these issues are other than as a recruit. Those who join Victoria embedded in the community we serve. Police through the Academy early in their careers Things are improving, which is positive effectively grow up together and maintain (male survey participant). longstanding relationships with each other and Evidence generated by this Review, including Victoria Police as an organisation. the prevalence of sexual harassment at all For police, many identified strongly and personally ranks, suggests that experiences and attitudes with being a police member. There was a widely that enable and support sexual harassment are held view that the unique nature of operational consistent with wider community attitudes and are policing, being the final point of call for community held at all levels of seniority within Victoria Police. members, and being routinely exposed to I looked around and thought, what is my traumatic incidents, meant that it was other police part in this? What allows these things to members who were best placed to understand happen in the workplace? What creates each other’s work and experience. a culture where women are targeted? Policing is a hard job, it is life threatening. This needs to happen for everyone in There are elements that create an leadership (executive interviewee). environment that opens things up for Addressing attitudes about women’s identities, relationships. Often members are in roles and interactions in the workplace at all situations together for long periods of time (e.g. in the van for eight hours), in addition to 31 VicHealth, Australians’ attitudes to violence against women. the element of danger (male interviewee). Findings from the 2013 National Community Attitudes towards Violence Against Women Survey (NCAS) (2014) 15. 32 Ibid 18. 33 Ibid.
56 Independent Review It takes a certain type of person to do this conform to corrupt behaviours, you were work. I love this organisation. I love the ostracised. He was a lovely person, community and ‘can do’ attitude. It gets a guy everyone liked, but when they in your blood. It does provide significant turned on him, he suffered depression opportunities to do good, but also evil and committed suicide (executive (executive interviewee). interviewee).
The Academy is amazing, it’s the These issues can’t be dealt with in- best experience you can have. But it’s house. The ‘closed ranks’ is entrenched. recognised that if you go into the Academy And it would be hard to break it (female in a relationship you won’t come out with interviewee). one. That’s not always a bad thing – there One interviewee who was abused by colleagues is something substantial and life changing told the Review: about the Academy that can really open your eyes about what is important to you I should be able to trust these people; in life. In the Academy, you’re a family, we are supposed to be family (female a squad, and there is something quite interviewee). beautiful and unifying about that (female At the same time, members were expected interviewee). to show loyalty, even to colleagues who had This has implications for how external expertise demonstrated a lack of loyalty through their and perspectives are valued by police, how PSO harassing and discriminatory behaviour. and public servants contributions are valued, as well as help seeking behaviour and resilience The crux of it is that the culture in the which are addressed below. organisation is that of teamwork and people sticking together – when someone It was noted that the reputations, relationships steps in or says something it is seen as and loyalties established early in a police disloyalty. Whatever process is put in member’s career stayed with them throughout place, culture will overwhelm it. Nothing their career. Throughout Victoria, police referred will change until we see cultural change to their colleagues as ‘a family’. Belonging or and have an obligation for every person to being part of a team had significant personal and change (executive interviewee). professional value for police employees. Many police employees, at all ranks and levels, Insularity told the Review that their experience of working Many Victoria Police employees told the Review in Victoria Police was one of collegiality and of the insular nature of the workforce and the support. They had experienced being part perception that sworn members regarded of teams that had high levels of dedication to themselves as, and indeed were treated as, good policing practice and worked alongside ‘special’ in comparison with public servants professional colleagues who were committed to and PSOs. This was in part driven by the unique building a safe and equitable workplace. nature of the work police undertook. However, the Review team heard from a Sworn members who had worked outside the significant number of police members where organisation noted that there was little value individuals had been excluded, ostracised, placed on the relevance of outside expertise shamed and physically and emotionally and knowledge in the context of their policing abused for not fitting in and for reporting sexual work. Many people told the Review that ‘police harassment, unprofessional workplace conduct only listen to police’, particularly in the context of and sex discrimination. In some cases, the training and learning opportunities. viciousness, discretion and workplace tolerance for people’s exclusion was extreme. Coppers have lack of trust. They say ‘what would you know, you don’t work I lost a good friend who committed in policing?’ But people business is suicide from the way he was treated in people business (female interviewee). that workplace. Men and women were discriminated against. If you didn’t
Chapter 2: Drivers of sex discrimination and sexual harassment in Victoria Police 57 After you have done ten years here, you and the role of alcohol and shared experiences, will have seen people behave badly provides a basis for sexual relationships. and not done anything about it. You will have formed a network, which will have But if you think about it, you can go through its own cultural norms. After ten years, more life-changing things in one shift than I suspect you are stuck with these you can in a whole marriage of more than behaviours and networks. It could be ten years. That creates a unique type of difficult to shift. In the public service, intimacy (female interviewee). career movement is more frequent Some of these relationships are the beginning and culture is less consistent – and of long term committed partnerships. Others changes more rapidly reflect changing are less enduring. Engagement in serial and/or social norms (executive interviewee). concurrent relationships in the workplace was suggested to the Review as being potentially Personal and professional spheres problematic for individuals and the workplace Many police members told the Review of their more broadly. perceptions of the blurred distinction between There are environments that their professional and personal lives as an predominantly have a high male aspect of police identity and work. staffing ratio. In these environments, Reports of improvements in recent years there are excuses provided for about the nature of workplace socialising were particular behaviours. We work hard, common. While the Review heard that alcohol we go out for drinks, and if you happen featured less in out of hours socialising than it to sleep with someone, it’s because had previously, it was still commonplace and of the stress. I don’t agree with this seen by many as an ‘outlet’ or way of coping attitude. It’s the conditioning of an with the rigours of day to day policing work. organisation that sits in a period gone (senior manager). For many police, particularly those working in rural and regional areas, socialising with There are parameters about social colleagues was an important aspect of occasions and alcohol that I think our their police and personal life. For those who organisation is still not very good at did not want to participate in out of hours dealing with. I know of a [manager] socialising, or could not do so because of who was concerned that an incoming caring responsibilities, there was a risk of being senior member was coming to his excluded. division, and that this senior member was having an affair with a lower We [lesbian police women] are ranked member. The [manager] was often referred to as a group, not as very concerned about this. He is one of individuals. When I moved stations, the few who said he would have to have another member referred to a a conversation with someone of a more colleague as “Oh, that other lesbian” senior rank to him. Most wouldn’t do (female interviewee). this … The week after this conversation In the country, I struggled to belong. the senior and junior member were If you didn’t go out drinking and be observed kissing openly at a work one of the boys, you were segregated function. The [manager] went back (female interviewee). and tore shreds off the senior member. That situation is unusual. You get a The Review heard repeatedly about the number difference in rank and that has a lot of and nature of sexual and intimate relationships influence (female interviewee). between police members in both positive and negative terms. Many have suggested that The Review also heard how there was no the unique nature of work which requires long shared understanding of what the professional hours in close proximity, often in a police car, boundaries of these relationships are or how to manage potential conflicts of interest where
58 Independent Review employees have sexual relationships with Regardless of any other workplace colleagues. This also applies where married standards or policies, ‘ … but can they couples are employed in the same workplace, face an angry man?’ has been the which is not uncommon, particularly in rural and deciding factor in hypothesising about regional police stations. a person’s ability to be a police officer. From Constable to Chief Commissioner Often it is very hard for them to separate the expression is widely utilised their personal and professional lives and and universally understood (female that can cause conflict and inappropriate interviewee). behaviours (senior manager). In particular, these views are associated with I am aware of many circumstances notions of heterosexual masculinity. These in which members working so closely ideas of masculinity are not universally held together have developed inappropriate by all Victoria Police employees but they are (though consensual) relationships that acknowledged as the dominant set of norms have resulted in family breakdowns. by men and women alike. These were also the Family breakdowns whilst in every corner characteristics thought to be those of a ‘good’ of society are at a greater risk for Victoria police member, and are those associated Police members due to the nature of shift across Australian society about what it is to be work which impacts on family time, which a man.34 is an unavoidable part of the role, but more so in the work place relationships Resilience that can spring up through that related The Review heard that police members are opportunity (female survey participant). expected to be strong and ‘unemotional’ in traumatic or dangerous situations and able to Being a police man cope with the impact of day to day policing experiences without needing or seeking support. Attitudes and identity as police members Many police members spoke of this form of closely mirror gender-related social norms such resilience as critical to their own capacity to as toughness, resilience, and strength that are operate effectively. For many, there was also an commonly held notions of what it is to be a man. implicit expectation that their colleagues would Attributes of logic, toughness, and have this form of resilience and be able to invulnerability, of being able to manage one’s continue working without being traumatised by emotions, being objective and able to settle tragic or frightening incidents that were part of disputes through strength are commonly held or everyday police work. normative constructions about masculinity. This The bosses stuck their heads in the was widely shared by or reflected on by police sand – they didn’t want to deal with it. employees participating in the Review. They expected you to be the same. The You can overcome it, but men and years go by and you’re not the same, women on the street look macho in their and they look at you like you’re stupid gear, which may attract a particular type (female interviewee). of macho male. It may also portray a Closely connected to the expectation that the particular image to the community, and rigours of policing must be weathered, there deter applicants who want to join for was a widespread perception among sworn other reasons … We have to be careful police members that poor workplace behaviours about portrayal. I need to keep saying it, and mistreatment by their colleagues or we need to keep the whole community managers should be withstood. safe. We need tolerance, respect and we need to be policing for everyone. We 34 Rachel Jewkes, Michael Flood and James Lang, ‘From work with don’t want to create unnecessary victims men and boys to changes of social norms and reduction of inequities in gender relations: A conceptual shift in prevention of (executive interviewee). violence against women and girls’ (2015) 385(9977) The Lancet 1580-1589.
Chapter 2: Drivers of sex discrimination and sexual harassment in Victoria Police 59 … police members are supposed to Throughout the Review, there was a consistent be a lot more resilient and harder about theme that being a victim of sexual harassment, these things, so you’re expected to predatory behaviour or sex discrimination just take a joke at work, but this is your was inconsistent with their identity as a police workplace, a line needs to be drawn member. There was an implicit and explicit about what you can be expected to be assumption that police protected victims, and resilient about (male interviewee). therefore should not be victims themselves.
The Review spoke to many police employees As a police officer, you are told you are at all ranks and in all parts of Victoria Police not the victim. If you speak out, there is who had experienced or witnessed colleagues an unspoken rule that you shouldn’t speak being reticent to report or seek support for their out … It was basically up to me as a victim experience of sexual harassment, predatory to handle the situation and if I could not sexual behaviour or sex discrimination, as they manage it that it was my fault did not want to be perceived as ‘weak’. This (female interviewee). reluctance to raise inappropriate workplace behaviours and the harm it creates is detailed Importantly, these norms of masculinity were further in Chapters 11 and 12. seen as the characteristics needed to be a good police officer and were entrenched in Many police members discussed the stigma understandings of performance, progression associated with accessing support services. and the place of men and women in the organisation.
Research categorises attitudes that are violence supporting as those that: • justify violence against women • excuse violence by attributing it to external factors • trivialise the impact of violence, based on the view that the impacts of violence are not serious or are not sufficiently serious to warrant action by women themselves, the community or public agencies • minimise violence by denying its seriousness, denying that it occurs or denying that certain behaviours are indeed violence at all • shift blame for the violence from the perpetrator to the victim or hold women at least partially responsible for their victimisation or for preventing victimisation. This does not mean that people who hold violence-supportive attitudes are themselves necessarily ‘violence-prone’ or would openly condone violence. However, as discussed below, such views expressed by influential individuals or held by a substantial number of people can create a culture in which violence is at best not clearly condemned and at worst condoned or encouraged. 35
35 VicHealth, Australians’ attitudes to violence against women. Findings from the 2013 National Community Attitudes towards Violence Against 35 VicHealth,Women Survey Australians’ (NCAS) attitudes (2014) 37.to violence against women. Findings from the 2013 National Community Attitudes towards Violence Against Women Survey (NCAS) (2014) 37.
60 Independent Review Violence, or the threat of violence, If you have sex with anyone in the may be used to re-establish the police force, then everyone knows perceived natural ‘gender order’, about it. It’s impossible to keep it with men’s violence towards women private, because inevitably the men will often occurring and more likely to talk about it. They’re often compelled to be supported in circumstances where by the social reward they receive when women have, or are perceived to have they gloat about it to a male colleague. breached, socially defined feminine I have never met a worse bunch of roles.36 gossips in my life (female interviewee). Adherence to ‘masculine’ role modelling, The Review notes that there is significant included a need for men to be aggressive and divergence in the attitudes of Victoria Police competitive. employees about the types of attitudes and behaviours men should show to demonstrate [It came from] Instructors as well as the their manliness. The Review heard from many young guys. Some of the older guys really police men who did not fit the norm. For many tried to defend us from the young guys. The men in Victoria Police, the prevailing gender instructor, one in particular … He was a norm for men is uncomfortable at best. vicious piece of work … He would pick on physically strong young men to take them The jokes and comments were not down, to prove how tough he was. He used directed towards me, they were to injure them … He was a law unto himself directed towards members of the (female interviewee). public who could not hear. These made me feel uncomfortable [and It also required that men are seen as strong, were] … mainly focused around female decisive and sexually confident or assertive. members of the public He says, ‘You think I’m a predator, don’t (male survey participant). you?’ He thought he was a hero Many Victoria Police employees have taken (male interviewee). personal and professional responsibility to Male promiscuity is tolerated and often challenge those norms and demonstrate and celebrated in Victoria Police workplaces. The acknowledge the diversity of men within Victoria Review often heard of employee’s perceptions Police. that reflected the persistence of attitudes and behaviours that value men’s sexual prowess such as having multiple sexual partners in the The day of the male jock who is workplace as well as outside of it. everyone’s mate and who sees sex as being a social conquest needs to be There is a code of ethics, but we isolated and driven out of our culture. don’t refer to it and are not held to We need to see this behaviour as account to it unless the behaviour what it actually is and to educate all is really, really bad. I hear about members that the current climate and lots of relationships or cheating on culture is not acceptable their partners with other members, (MALE SURVEY PARTICIPANT). especially by male detectives. There are more male detectives and it’s a more male-dominated domain Homophobia (female interviewee). Where men are perceived to differ from this normative construction of masculinity, the 35 VicHealth, Australians’ attitudes to violence against women. Findings from the 2013 National Community Attitudes towards Review heard that men experienced, or were Violence Against Women Survey (NCAS) (2014) 37. 36 Dennis Reidy et al (2009) cited in VicHealth, Australians’ attitudes to violence against women. Findings from the 2013 National Community Attitudes towards Violence Against Women Survey (NCAS) (2014) 35.
Chapter 2: Drivers of sex discrimination and sexual harassment in Victoria Police 61 seen to experience hostility, harassment and an individual employee’s awareness to strong discrimination. understandings of the relationship between gender equality and these forms of behaviour. A large number of male employees told the Review of their observations and experiences I’m an old dinosaur! I may say things of homophobia in their workplaces among that I don’t realise are not right Victoria Police employees, which they attributed (male interviewee). to their actual or perceived homosexuality or deviation from the male gender norms. A comment I heard about this Review pretty much sums everything up: “I just Joining Victoria Police as a gay male, disagree with the statement that it’s a I have been subjected to copious big problem here, none of the issues amounts of harassment and abuse, raised with me have really disturbed me starting at the academy whilst a recruit. to any level”. This is a classic example Whilst homosexuality is more accepted of a failure/inability to connect with (whilst still not completely accepted) what is going on by senior managers. at present, it’s the worst in any Very few sworn members and organisation I’ve ever worked in managers have any work experience (male survey participant). outside of Policing. The result of this is they have no real concept of what is I have seen men treated this way where and isn’t acceptable in a more ‘normal’ they are not considered ‘tough’ enough workplace (female survey participant). – not masculine enough (former executive). Some men regarded the issue of sexual harassment, predatory behaviour and sex Minimising or excusing men’s behaviour discrimination as a joke. and responsibility Most disappointed I have never been For many, perceptions of being a ‘good cop’ harassed (male survey participant). or a ‘good bloke’ appeared to provide men with ‘immunity’ for their inappropriate sexual behaviour in the workplace. Being a police woman The Review heard repeatedly that police members had explicitly or implicitly minimised Qualities typically associated with women (or the responsibility of individual men who choose normative constructions of femininity) include to sexually harass or otherwise sexually exploit compassion, empathy, subjectivity, passivity, women in their workplaces. submissiveness and weakness. These attributes are framed negatively and are regarded by [The Inspector] basically said that many as unsuitable attributes for effective police the [alleged perpetrator] was more members. Women also told the Review they important than me, due to his expertise that they are regarded as less competent, that … [and] apparently the ‘issue’ didn’t they need to ‘prove themselves’ and that they exist because a formal complaint was are less committed to their careers because of never made (female interviewee). caring responsibilities and requests for flexible work arrangements. There is still an attitude that “he mucked up on the drink, she should have cut him some slack.” People would have What I have recently come to realise thought I was trying to bring him down is in the early years of my career (female interviewee). and training, I learnt how to be a Across Victoria Police, there were wide police officer, but as I grew in rank ranging attitudes about the extent to which sex and confidence I actually learnt how discrimination and sexual harassment were to be a police woman and there is a problems. They ranged from being outside very big difference.
62 Independent Review Women need to be proud and strong Reputation about the difference they bring to As many Victoria Police employees remain in the organisation; different thinking, Victoria Police for much of their career, they different problem-solving and a develop long and widely known ‘reputations’. different way of interacting with both peers and the community. I think this You can walk away and start causes uncertainty and challenges in somewhere else if you fail – but in how to respond to situations for a lot of VicPol your baggage stays with you. women throughout their career, I know It is amazing how news travels. It has it challenged me! (FEMALE INTERVIEWEE) been said that “the definition here of keeping something confidential is telling only one person at a time” The Review amassed considerable evidence (Executive interview). that reflected the attitudes of male and female The reputations of women and men differ employees held about women in Victoria significantly. The Review heard that the nature of Police and the strategies women adopted to gossip about women in the workplace reflected operate within the dominant heterosexual norm attitudes that damaged women’s reputations in local workplaces. The Review notes that with regard to unfair gender norms, unfair there was resignation from many women that assessments of their work performance, double dominant men held sway and that while this standards about sex, or victim blaming. was frustrating, it could be managed but was impossible to shift. Does a person’s sexual reputation following consensual sex have a [My] team …is mostly female. I’m different impact [on male and female careful about the meetings I send police members]? Completely my team to if I’m not there. They are different. For men there’s a high five, strong women but their treatment can and for women they’re a slut. There be appalling. It can be dismissive and is no reprisal for men, but there are rude. I assume it is because the men significant reprisals for women think they out-rank them. When I’m (female interviewee). in the meeting it’s different because I out-rank the same men (executive Work performance interviewee). Some people told the Review that there were In the country, I struggled to belong. different measures of work performance If you didn’t go out drinking and be required of women and men. Many women one of the boys, you were segregated and men told the Review that there was a (female interviewee). double-edged sword for women to be promoted within the organisation. Women had to work In addition to objective performance measures, harder and perform better to be considered for women are expected to embody resilience, upgrading and promotion opportunities. mental and emotional toughness and to ‘keep their emotions in check’, not only in the I am seeing men promoted and course of policing, but also in response to very good women with much more unprofessional and inappropriate workplace background in the work not hired behaviours directed towards or about them as because the supervisors of teams are individuals and women. more comfortable with men. Most of the women are smarter and it’s hard Women are far from being treated not to think the guys are threatened by equally in Victoria Police and if you that (female survey participant). are a victim then it’s up to you to cope (female interviewee). I was friends with one of the Sergeants who made the decision so I asked why she had missed out. He said it
Chapter 2: Drivers of sex discrimination and sexual harassment in Victoria Police 63 was because he was the best person said to him as a member of this team, for the opportunity but when he went you can’t say these things. He backed on to explain why she didn’t get the off (female interviewee). opportunity, the judgements and The Review heard of many and varied victim criticisms were about her personally, blaming attitudes. Most commonly, these were rather than her professionally (female that the victim: interviewee). • invited the behaviour because they were On the other hand, women who were successful sexy or promiscuous or had attained seniority were often referred to as ‘like blokes’, the ‘lesbian mafia’ or having They don’t get violence against women ‘slept their way to the top’. – they don’t get the gender analysis, the violence, and the impact. They don’t It’s hard enough for a woman in this think it’s their job – they just get the bad job but as soon as equity issues are guy. They often say ‘she’s a frequent raised, women are branded lesbian or flyer’,’ it’s a false report’, and ‘she’s feminists (senior manager). having us on’ (female interviewee).
Women as sexual objects He told me he sees the girls … flaunting themselves, and that these Women were commonly objectified by men young men think with their dicks, so as potential sexual partners and their status what do the girls expect. I told him it was dependent on how they ‘managed their was never an invitation to be sexually reputation’ and interacted with male colleagues assaulted. He became more aggressive throughout their career. with his body language and the way It’s entitlement. There is no better word he spoke. I was quite concerned and to describe policeman. It’s like they disturbed (female interviewee). think “I’ll claim her, even if I can’t have • was drunk or socialising inappropriately sex with her, I will still own her.” Women are sexually objectified; their value And then I would hear things like – reduced to their potential as a sexual people joke about it all the time – ‘get conquest (female interviewee). them drunk, it’s not rape then’ (female interviewee). In this context, victim blaming attitudes are those that partially or fully blame victims for their experience of sexual harassment, predatory Many Australians shift the blame to victims behaviour or sex discrimination. – with one in five agreeing that a woman In the past, other females had spoken is partly responsible for rape if she is 37 out and said that had happened to intoxicated. them. I heard there was a girl who had been there before I arrived, and she • was a ‘trouble maker’ was labelled a slut • should have done something about it (female interviewee). and didn’t stop other women from being It must impact on the work. How harassed or inappropriately pursued by a can you keep embedded attitudes colleague. separate? But I think they’re cluey [I feel] Angry and ashamed as people enough to know that some things may think I actually let him get away shouldn’t be said. Recently, I had a with trying to hit on me because I conversation with a staff member about hadn’t made a complaint (female rape complaints. He started saying survey participant). women make false reports of rape. Notwithstanding the evidence, I was 37 VicHealth, Australians’ attitudes to violence against women. Findings from the 2013 National Community Attitudes towards finding it hard to get through to him. I Violence Against Women Survey (NCAS) (2014) 64.
64 Independent Review The male senior sergeant when he was ‘Fitting in’ strategies told apparently said make sure they clearly say ‘fuck off’. Once again, victim In my experience a lot of girls lose blaming (female interviewee). their femininity when they come into the force and think that they have to be These attitudes were widely held and informed like men to survive. It can be a whole many police employees’ perceptions about personality change due to the things women who had raised sexual harassment of they see and are exposed to (male sex discrimination as issues in their workplace. interviewee). They also informed women’s decisions not to report and incur reputational damage, as Throughout the Review’s site visits, it was not discussed in Chapter 12. Many police women uncommon to have private conversations with told us that they ‘didn’t want to be that woman’, considered and thoughtful police women about that they would seek a transfer away from the their perceptions and experiences of workplace perpetrator or workplace that was victimising norms and attitudes about women, with the them rather than report their experience. conversation ending with comments such as: These victim-blaming views are consistent with You will think I’m a different person when those in the wider community. The National we walk out and you see how differently Community Attitudes Survey found that up to I interact with my colleagues – I need to one in five people think there are circumstances do that to be credible (site visit). in which women bear some responsibility for Many women told the Review that they put up violence. with behaviour or tried to ignore it. Their reason I’ve heard too many men in org say for doing so was to do their best to manage something like “I’d be having a go at their reputation and or safety. her too if she threatened to take my I tried my best to redirect all of his kids” and “I was just joking, she has comments and behaviours that were no sense of humour” making me feel uncomfortable. I suppose (female survey participant). that was me trying to survive (female Many employees told the Review of their interviewee). experiences of (including criminal forms of) sexual harassment that minimised the It was hard but I felt like if they got past perpetrator’s behaviour, reflecting the depth of all the stupid games they were playing, prevailing attitudes about women and men. It they would get to know me and know that reflected the nature, real or desired, of loyalty in I could be trusted (female interviewee). the police force where inappropriate acts were Others adopted a ‘blokey’ demeanour to fit in overlooked or minimised by joking or in other and be ‘one of the boys’. ways. Got to go along, be cool, be one of the This highlights the selectiveness of loyalty, and boys. Got to go along with the sexist who bestows and receives it within Victoria sexualised jokes to belong. Don’t want Police. It also reflected the manipulative to ruffle feathers, considered a prude, behaviours of some perpetrators in invoking automatically a lesbian or not a team these values of loyalty and belonging to benefit player (female survey participant). themselves. I work for a patriarchal organisation The Review also heard of workplaces that were within a patriarchal community … That is supportive of women reporting these incidents not to suggest that women are not suited which are detailed in Chapters 10 and 11, but to work or pursue leadership roles within the predominant perception was that women either, they are, however what is indirectly should be able to withstand these behaviours. communicated to me is that to do so, I just have to be like the men that I work with. Think like them and act like them. (female interviewee). Chapter 2: Drivers of sex discrimination and sexual harassment in Victoria Police 65 There were numerous suggestions by police traumatic nature of police work and observed employees that many women had chosen to its effects on their police colleagues. ‘use their sexuality’ in the workplace, although The Review observed that police members in very few women reported this as a deliberate stations saw a responsibility to protect public strategy. Those who did talk about having sex servants (most often women) from the more with colleagues said they ‘liked’ their colleague traumatic aspects of their work. and were interested in an ongoing intimate relationship with them or that it was a defensive In a few cases, the Review heard of a lack of strategy to avoid other situations or outcomes. consideration for public servants’ safety where they were engaged with community, even The Review also heard many reports about though public servants’ otherwise felt supported women who were perceived to have slept their and included in the business of the workplace. way to promotions, or used sexual banter and sex as a way to fit in or as a strategy to manage I didn’t feel as protected as the sworn the risks they perceived in the workplace to their female officers, as they had received reputation or safety. training … Although, I didn’t feel that There was a strong and automatic narrative that different from them either. Maybe it was that did not include any consideration of women the officers didn’t treat me differently … being promoted on merit; indeed many women I went to my Inspector and said that all noted they did not want their gender to be sworn officers had been given … protection ‘visible’ and regarded themselves as a police … [The boss] did arrange for my locks to officer rather than a police woman. be changed … but in terms of my safety, there wasn’t anything else that could be done (female interviewee). Public servants Throughout the course of the Review’s fieldwork, public servants, particularly those in The experience of public servants within police regional stations, told the Review team that they workplaces varied widely across the workforce. felt valued, if overworked. In police stations across Victoria, the work that public servants do is widely valued, and they Many public servants in regional stations are seen as integral to the smooth functioning were longstanding employees and noted the of the station. Their roles are generally importance to them of a secure public service administrative, mostly at Victorian Public Service position. Most reported to a public service staff (VPS) Grades 2,38 and primarily held by women. member and supported the administrative work More detail is provided in Chapter 7. of sworn police. Public servants told the Review that most police The longest unsworn was here for 42 or members saw them as subordinates and that 43 years at a VPS 1 rank. It struck me. they implicitly ‘knew their place’. Why do people stay for so long? I think it has something to do with the nature In conversations with public servants, the of the work. … You get a sense that the Review heard comments such as ‘you just need work is valuable and meaningful. Over to deal with it and shrug it off’ and ‘at the start, it time individuals often get exposure to can be intimidating then you learn to live with it’ the business as a whole, people tend to (site visit). feel a part of it (executive interviewee). Admin staff are referred to as ‘girls’ and Many public servants commented to the I have heard comments made when a Review about their respect for the unique and staff member wears a dress to work. This dangerous work that their sworn colleagues did. is usually directed at the younger female They were highly aware of the dangerous and admin staff (female survey participant).
38 There was a very small number of public servants at the VPS 1 Senior public servants are mostly employed level. Of the twenty seven people at this level, seventeen were male and ten female (Victoria Police Workforce Data April 2015, received to work from central facilities including 12 June 2015). These positions were generally in the Operational the Victorian Police Centre (VPC), Crime Infrastructure Department and People Development Command.
66 Independent Review Command and the Forensic Services Centre. Public servants and PSOs alike reported The perceptions of senior and/or specialist that their perceptions of being ‘second class public service employees about their treatment employees’ was compounded by their gender. in Victoria Police varied significantly. One commented to us that the language about II have experienced discrimination ‘unsworn’ or VPS staff itself reflected the relative that isn’t intentional and not overt, it values attached to VPS by police members. has been unconscious. The attitude is something like, ‘you don’t have any Many acknowledged it was a very masculine ideas.’ I don’t think they think ‘she is and hierarchical culture, and most agreed that a female unsworn.’ It’s unconscious the way employees interacted in their day to day (female interviewee). work was different to anywhere they had worked previously. For some public servants, their rank went some way to give them credibility in the Rank and command and control workplace. Three senior VPS women working in different areas told the Review: Respect for rank is instilled in the Police Academy as a cornerstone of operational It can be challenging. To sworn policing, and is heavily reliant on command and members, you are always an outsider. control management structures and processes. I’m not sure whether this is about This focus has been to the detriment of building being a female or an unsworn. If you the administrative capability of managers put up suggestions related to policing, to manage people and address workplace the attitude is that you know nothing. issues, including sexual harassment and sex Sometimes I suggest something and discrimination. It also has implications for the it is ignored or ridiculed, then a sworn way that people experience being managed members says it and everyone agrees in their workplaces on a day to day basis, and it’s a great idea (female interviewee). reflects traditional notions of strong (male) I have never been asked so many times leadership. what my VPS rank is and they equate [X] is a Dedicated Training Workplace it to rank. It dictates a level of conduct (DTW). The Sergeants are like gods and deference – so they know where to the probationary constables. They you are in the pecking order (female are young and vulnerable. The young interviewee). girls are eager to please, and they I have never been treated so much like are looking up to the Sergeants, so it a ‘woman’ until I came to work for this is like Christmas to a predator (male organisation…I am used to working interviewee). with men and being considered “an The Review heard frequently that managers had honorary bloke” and being respected not been trained in broader staff management for my knowledge. There are times competencies to manage staff outside of here when I have definitely felt that I operational policing tasks. am a woman and people think because of that, I don’t know what I’m talking Asserting authority over others and about. It happens in discussions, it dominating others when needed is can be as subtle as not being looked ingrained in police work. Some will at when you are trying to make a point. translate this to everyday situations Not ignored, but not given an equal (male survey participant). amount of attention as a male. It is very The way you could treat people, subtle. I have never needed to say I am educate them, train them 20 years ago, a feminist, because it has never been you couldn’t get away with now. Then, important to me until now (Executive if the sergeant said, ‘do that’, you did it. interview). Like the Army says, ‘we can’t make you do things, but we can make you wish
Chapter 2: Drivers of sex discrimination and sexual harassment in Victoria Police 67 you had’. There is not the need to treat more knowledge or capability to manage them the way it used to be done – they their workplaces in accordance with good are more sophisticated learners and management principles and administrative there is a more educated product at the processes. end. You can’t be an effective leader by saying jump and the only question He was very driven by rank and is “how high?” It’s not as authoritarian promotion and he couldn’t handle any more – you have got to have more successful women. He was critical of than a deep voice and the ability to yell. those who were promoted above him, Members nowadays want to know why particularly women. He also took up they are being asked to do things (male upgrading opportunities whenever he interviewee). could because he felt “rank” gave him power (male interviewee). The Review heard of individual managers who were committed to developing, motivating, Everyday sexism supported in and leading effective teams. This included management ranks through genuine performance management processes, modelling leadership and values, The Review heard differing experiences about enabling employee empowerment allowing the level of awareness senior managers about scope for people to grow and contribute, and gender inequality issues in their workplaces maintaining a supportive culture embedded and a broader inconsistency in management within the organisational values. However, many capability across the organisation. These are were stifled by perceived structural constraints, detailed in Chapter 10. hierarchy and their lack of confidence and Some senior managers had a poor view capability in understanding and implementing of managers’ capabilities, more broadly. their administrative responsibilities as people Others thought the problem was at middle managers. management ranks. We still over-emphasise the command The Review heard consistently from employees and control aspect out of context. that their day to day experiences were most Ninety-nine per cent of police work directly impacted by the attitudes of their is unrelated to command and control Officer in Charge (Senior Sergeant) and (senior manager). Sergeants.
Command and control extends further I often feel like the organisation thinks into the organisation than it needs to – that women aren’t as capable at people will retreat into command and general duties policing as men. It’s control if they’re not equipped, or they mainly a feeling I get from ranks from don’t have skills and expertise – it is a Constable to Senior Sergeant, not defensive position (former executive). from upper management level (female survey participant). I think the organisation has been dragged into the 21st Century over the International studies support the Review’s last 10 – 12 years – some of the Chief learning that the way in which workplace Commissioners have recognised that gender norms operate within Victoria Police is policing is also a business with humans different in various areas of the organisation. as their main resource, and that this The propensity for gender norms to vary across needs to be appropriately managed an organisation is consistent with a study of – meaning the management of our sexual harassment in the United Kingdom people is a critical part of how we banking industry which noted the “dominance function as an organisation of a ‘swinging dick’ version of masculinity in (female interviewee). It cannot be assumed that just because of seniority or rank, senior police members have
68 Independent Review dealing rooms, with a more polite patriarchy Workplaces employing predominantly men and prevailing in executive suites.”39 that have norms that privilege stereotypical male characteristics remain difficult work Those at the top of the organisation environments for women as well as for men who have an unrealistic birds’ eye view of do not fit heterosexual gender norms. what happens on the street. Sometimes I want to grab [them] and bang their These include: heads together and make them • perceptions that women do ‘soft’ policing, realise how different it is on the street while men do ‘real’ policing work (female interviewee). There’s been no improvement with Indicators of more subtle forms of attitudinal some SOCIT members who still think support for gender inequality were heard by CASA do the warm fuzzy stuff, they do the Review. Examples include attitudes and the hard policing. Some say ‘you don’t behaviours that may appear either benign or expect us to deal with that; it’s not our positive but are actually damaging to women role, I’m out there actually getting the and gender equality more broadly, such as the bastard’ (female interviewee). belief that women need to be protected by men. • perceptions that men’s work is more difficult In conversations with employees, the and excuses behaviour. Review heard that in some operational There are environments that roles “women often end up ‘black predominantly have a high male side’ (at the back)” because of the staffing ratio. In these environments, assumption that they need protection there are excuses provided for (site visit). particular behaviours. We work hard, Such beliefs are referred to as ‘benevolent we go out for drinks, and if you happen sexism’. For others, views that appear to to sleep with someone, it’s because support egalitarianism are actually hostile of the stress. I don’t agree with this towards creating it, such as denying that gender attitude. It’s the conditioning of an inequality is an issue.40 organisation that sits in a period gone (senior manager). Chapter 10 details the experiences of managers in seeking to address sexual harassment and sex The drivers of sex discrimination and sexual discrimination. Unsurprisingly, many managers harassment in Victoria Police are gender inequality reverted to the management skills they had been and attitudes that reflect unequal gender roles trained in – those of command and control and and stereotypes. While these attitudes are similar those that approached workplace issues as to those held in the broader community, they are policing issues. compounded and amplified by strongly held norms about the personal attributes of police, the Occupational specialisation that nature of police work and the life-long career that undermines gender equality policing is for many police. Certain specialist functions within Victoria At the same time, there is strong support from Police, especially crime and homicide, have Victoria Police employees to challenge and traditionally been performed by men. In address these attitudes and recognition that contrast, sexual assault and the mounted branch, strong leadership is an essential ingredient to has been seen as the domain of police women. achieve a safer and more respectful workplace.
39 Linda McDowell (1997) cited in Paula McDonald and Sara Charlesworth, ‘Workplace sexual harassment at the margins’ (2015) Work, employment and society, 14
Chapter 2: Drivers of sex discrimination and sexual harassment in Victoria Police 69 Chapter 3 Nature and Prevalence
Main findings sexual harassment in a Victoria Police workplace that started in the past five years. • There is substantial evidence of a sexist • Two thirds of female Victoria Police organisational climate, which puts unequal employees and more than half of male value on stereotypically male traits and Victoria Police employees witnessed at gender roles, and has a high tolerance for least one form of sexual harassment in the sexualised and sexist workplace behaviour workplace in the past five years. and interaction. • There is overwhelming evidence of serious • Women in Victoria Police are more likely to and chronic under-reporting of sex report experiencing or witnessing bullying, discrimination and sexual harassment. suggesting that experiences of bullying • Sexual harassment was most likely to occur are also linked to gender as a form of sex in a station or office environment. Women are discrimination. Female police and protective more likely than men to experience sexual services officers (PSOs) are more than harassment off site (for example at a social one and a half times more likely to report event, while on patrol, or in a vehicle). personally experiencing bullying. Female • The most common form of sexual Victorian Public Service (VPS) staff were harassment was ‘sexually suggestive also more likely to report witnessing and comments or jokes’. Women experienced experiencing bullying than their male police, higher rates of ‘inappropriate staring or PSO and VPS counterparts. leering’ and ‘unwelcome touching’ than • The Review also heard of many women both the community and ADF samples. in regional and rural areas experiencing Experience of ‘actual or attempted rape or ongoing, protracted sex discrimination, sexual assault’ was reported by just under including gender-based bullying. 2 per cent of female survey participants who • Perceptions about the nature and extent of sex had experienced sexual harassment starting discrimination and sexual harassment within in the past five years. Victoria Police are gendered. Men were more • People at all ranks reported experiencing than twice as likely as women to suggest that sexual harassment. Women were most at risk discrimination is no longer an issue. of being targeted, with female public servants • The lifetime prevalence of sexual harassment at particular risk of being sexually harassed. for female survey participants was almost • The ranks/grades of harassers most 40 per cent. This is substantially higher commonly reported by survey participants than for women in the community and the were sergeant, leading senior constable/ Australian Defence Force (ADF). Nearly one senior constable, followed by sergeant. in five female survey participants reported • There is a difference in the power dynamics their sexual harassment started in a Victoria of sexual harassment for men and women. Police workplace in the past five years. Women were the majority of targets of sexual • Nearly 7 per cent of male survey participants harassment and reported experiencing had experienced sexual harassment in their harassment by someone more senior. Men, lifetime. This is lower than in the community conversely, were more likely to report being and higher than in the ADF. One in 20 male targeted by someone of the same grade/ survey participants, reported experiencing rank or more by someone junior.
70 Independent Review • Gay men were six times more likely than men Sexual harassment is associated with gender overall to experience sexual harassment in stereotypes, and includes experiences of sex the organisation. Lesbian women also had discrimination and other components of a sexist an elevated risk of being targeted. organisational climate.41 This chapter presents a • Siloed and inconsistent data collection detailed picture of the extent and nature of sex and classification of sexual harassment, discrimination and sexual harassment, including sex discrimination, gender-based bullying predatory behaviour. This picture is informed and victimisation matters by Victoria Police by a number of interlinked data sources means that the Review was unable to obtain including survey responses (which addressed a comprehensive overview of the volume sexual harassment only), confidential and or nature of past complaints made to the expert interviews, Victoria Police workforce and organisation. complaints data and site visit observations. • Notably in the survey, there was hostility It is well documented that attitudes supporting toward the Review from a large number of the drivers of sex discrimination and sexual male participants, signifying the magnitude harassment may influence behaviour directly. of the challenge ahead for Victoria Police. However, it also impacts through its influence • Where sex discrimination and sexual on broader social norms and culture. Collective harassment were occurring, many attitudes that justify, excuse, trivialise, minimise Victoria Police employees felt angered or blame targets of sexual harassment and sex and disappointed at the behaviours, their discrimination, usually women, influence the perceptions of the organisation’s tolerance ways in which communities, organisations and for it and how it reflected on them as institutions respond to these issues. individual Victoria Police employees. Throughout the Review, there was a focus on capturing the attitudes of participants and the Introduction level to which they support and influence the way that they, and the organisation, respond to sex discrimination and sexual harassment.
Men run this organisation, and While the law does not prohibit a sexist culture, they run it to suit other men. I am this chapter illustrates the way that culture enables specific conduct that constitutes sex constantly patronised by older men in discrimination and sexual harassment. Under this job, called “sweetie” and told not the Equal Opportunity Act, employers have to get involved in complicated things an obligation to take steps to prevent sex because they “can be confusing”. discrimination and sexual harassment from Sexual harassment is just one occurring in the first place. tangent of how disgustingly women get treated in this organisation. Quite often the harassment is not Nature of sex discrimination of a “sexual” nature as such, but is experienced in Victoria Police 100% based on gender. Women get intimidated, stood over, spoken over, Many participants, both men and women, excluded and overlooked all day, provided compelling examples of their own every day in this job. Because of their experiences of sex discrimination. The Review gender. This is the far more dangerous has also documented evidence of systemic sex and prevailing problem for women discrimination where entrenched or institutional in Victoria Police patterns of behaviour or actions affect men (FEMALE SURVEY RESPONDENT). and women in Victoria Police differently. These
41 Victor E Sojo, Robert E Wood and Anna E Genat, ‘Harmful workplace experiences and women’s occupational well-being: A meta-analysis’ (2015) Psychology of Women Quarterly
Chapter 3: Nature and Prevalence 71 behaviours and actions form part of the me by virtue of your gender’ organisational culture and are reinforced by (female interviewee). policies or procedures.
One day he said to me “You don’t They will be aware of predatory want to be known for getting by on behaviour if it’s clear cut, but they your looks”. I was so shocked because wouldn’t identify everyday sexist of all the people, he should know as behaviour … as it’s a normalised part my manager that’s not what I was of our culture (FEMALE INTERVIEWEE). trying to do. After all the work I’d put in after working so hard to be valued for the work I was doing … I just Women reported being treated less favourably didn’t know where he was getting in recruitment, retention, advancement, and as this from. I got quite angry with managers and co-workers. Many women also him, and so he began to rapidly back reported every day experiences of hostile work pedal. That’s the thing – everyone is environments and negative treatment based so scared of getting a complaint – but on judgements about sexual behaviour and it’s just so few people would actually reputation, through isolation and exclusion and complain. He did a huge back pedal, unfavourable treatment because of actual or and from then on he’d just avoid me potential pregnancy or caring responsibilities. and wouldn’t talk to me Evidence of direct, indirect and systemic sex (FEMALE INTERVIEWEE). discrimination in recruitment, retention and the advancement of women in Victoria Police is considered in detail in Chapters 7 and 8. These . … Some men do not know how to, chapters paint a clear picture of structural and have no experience of, or do not like attitudinal barriers to the equal treatment and working with confident, talented and representation of women in Victoria Police. educated women and consider that women should be demur and not have Further evidence of the gender composition of opinions. the workforce is provided in later chapters, and illustrates that women across every employment This is particularly apparent group are significantly underrepresented in between police and VPS staff where supervisory roles and above. There is also relationships must be equal … Too evidence of the barriers to flexible work, return often I hear ‘We shouldn’t have to do to work and career pathways. that work. That work is VPS work!’ Many women reported experiencing or comments like (just heard this unfavourable treatment as managers and yesterday) ‘why should I have to go co-workers, based on entrenched gender and work with a bunch of VPS women?’ stereotypes and reflecting commonly held ideas (female interviewee). about the roles of women and men in public The Review collected prolific data from and private life. participants about the hostile work environment within the organisation. This included being When I’m acting in this role, it’s treated in a derogatory and undermining interesting the number of times I have manner. Participants expressed frustration, both heard ‘can you handle that or should at the attitudes, and the implications for them to we ring [your manager]?’ … (executive do the job they loved and realise their potential interviewee) within Victoria Police.
The insistence on old school courtesy, There is a Sergeant … who thinks [such as] door opening really riles me. women are inferior and makes it a point It’s a very small thing – but it’s a way to try to intimidate, condescend and of them saying ‘You’re different to
72 Independent Review bully … Management won’t even pull … males all waiting for their breakfast/ him up on it. They say they know and coffee. A single … female who was last just to ignore him. It is disgusting to place her order … was trying to locate (female survey participant). a seat with them for about a minute – she sat behind them, stood and then [Many] junior female officers have left the eventually she moved herself to the end station in relation to the same person. of a seat – it was quite devastating to He knows what he is doing and loves to watch … It was, in my view, a hopeless see the power he has and gloats of the situation (female survey participant). members’ inabilities when they leave (female survey participant). He made it clear he wanted a friend of his there, not me. He would throw [things] at It has been going on so long – 75 per me. He excluded me (female interviewee). cent of VicPol is men and it is a boy’s club. I hear their conversations in the Perceptions of how widespread and serious muster room all the time – “my wife sex discrimination and sexual harassment are doesn’t put out” and lots of sex talk. And influenced by attitudes that minimise or excuse then the bitching about other members is these behaviours and create an organisational just appalling. There is a lot of bitching tolerance for them. These attitudes are held and backstabbing (female interviewee). individually and collectively. They influence what employees think constitutes sex discrimination “She has big tits … she gave a blow and sexual harassment. The threshold for job to the boss … she only got the job behaviours understood by Victoria Police because she’s a slut” … that sort of employees to amount to sex discrimination and conversation is a dime a dozen in this sexual harassment appears to be high, and is organisation. Literally everyday fodder also strongly gendered. (female interviewee). In trying to understand the attitudes that minimise or excuse these behaviours, the I found it hard to recommend any Review asked respondents to rate their female to join the Victoria Police agreement with the statements ‘In Victoria force as I know what attitudes and Police, a man’s reputation regarding his sexual behaviour can inhibit his career’ and ‘In Victoria behaviours they will face through Police, a woman’s reputation regarding her their years of employment sexual behaviour can inhibit her career’. There (FEMALE SURVEY PARTICIPANT). was a major difference in agreement rates regarding the impact of reputation based on the respondent’s gender. For many women, the experience of everyday sexism and gender-based hostility was 58 per cent of women and 28 per cent of men experienced as isolation and exclusion. agreed that a woman’s sexual reputation can inhibit her career. Fourteen per cent of women Vic Pol is the hardest organisation I have and 37 per cent of men agreed that a man’s worked in. There are fantastic people sexual reputation can inhibit his career. here but sometimes I wonder whether because I’m a woman [or] a VPS, that There are still judgements made about I am treated differently. Did I expect it sexual behaviour and reputation – I to be like this? No. I’ve worked in many don’t see it overtly but I know from other sectors and Vic Pol is very different. speaking to members. It’s that attitude There are certain things that you say or where sleeping around doesn’t impact do and your opinion doesn’t count for as the man, but the woman is seen as a much (executive interviewee). slut (female interviewee).
I recently arrived at work [early and] Many participants also gave examples of sitting on some tables were [a bunch of] attitudes and behaviours directed at women on
Chapter 3: Nature and Prevalence 73 the basis of their actual or potential pregnancy Figure 2: Agreement with the statement – In and parental status or status as a carer. Victoria Police, a woman’s reputation regarding her sexual behaviour can inhibit her career If you’re in a unit such as a CI and you become pregnant a massive groan can be heard by colleagues and managers 39.0% alike – you’re seen as a huge burden on everyone else … There’s no sympathy from Agree 57.8% men, they all just bitch about it. My friend witnessed a conversation where they were 27.4% All making sweeping generalisations about Female pregnant women and how useless they Male are as detectives. Another woman told 32.9% her manager she was pregnant and was Neither agree/ asked, ‘Are you sure this is the right place disagree 28.3% for you … is this where you really want to be?’ – pressuring her to move on to another 35.6% position because she was pregnant (female interviewee).
28.1% The People Matter Survey is an employee opinion survey run by the Victorian Public Sector Commission (VPSC) from March to Disagree 13.8% May of each year. The information collected is used by participating organisations to identify 37.0% their strengths and weaknesses based on employees’ opinions. It helps Victorian public sector organisations to measure their progress in embedding the public sector values and Figure 3: Agreement with the statement - employment principles in their work culture. In Victoria Police, a man’s reputation regarding Of significant interest to the Review were his sexual behaviour can inhibit his career questions relating to workplace well-being and bullying. 20.0% In the ‘workplace wellbeing’ category, female All police and PSOs recorded a satisfaction rating Agree 14.2% Female of 79 per cent, with male police and PSOs Male recording a significantly higher satisfaction 23.7% rating of 87 per cent. The rates of satisfaction for VPS staff, both male and female, were similar at 84 per cent and 83 per cent respectively. 35.5% The survey asked respondents to rate their Neither agree/ agreement with statements about aspects of disagree 31.9% their organisation that contributed to workplace wellbeing. In Victoria Police, fewer female police 37.4% and PSOs agreed their workplace supported wellbeing (79 per cent) compared to male police and PSOs (87 per cent). The rates of workplace 44.5% wellbeing for public servants, both male and Disagree female, were similar at 84 per cent and 83 per 53.9% cent respectively. Rates of witnessing and experiencing bullying 39.0% suggest that bullying is also linked to gender.
74 Independent Review Figure 4: 2014 People Matter Survey – witnessed or experienced bullying – by gender and employment category
Victorian Police Personnel category Public Servant and PSOs All Gender Male Female Male Female Police PSO Witnessed bullying 25% 29% 20% 28% 24% 11% Personally experienced bullying 17% 23% 16% 25% 20% 7%
Female public servants were most likely to have experienced sexual harassment?’ For women, witnessed bullying, followed by female police that lifetime prevalence rate is higher than and PSOs. Female police and PSOs were also that found in the community (33%) and the most likely to have experienced bullying, with Australian Defence Force (25%). For men, female public servants next most likely to have lifetime prevalence is higher than in the ADF personally experienced bullying. (3%) and lower than in the community (9%). In addition, the Review heard from many women Consistent with the Australian Human Rights in regional and rural areas about ongoing, Commission approach, rates of harassment in protracted sex discrimination, including gender- the workplace starting within the last five years based bullying. were also measured. This approach captured
The People Matter Survey is a rich source Figure 5: Lifetime prevalence of sexual of information regarding organisational and harassment compared to community and ADF workplace climates. However, the results are not (by gender) currently reported by gender, and no questions are asked regarding witnessing or experiencing 39.5% sexual harassment. The survey does not Victoria Police Community ADF contain explicit questions on experiences of discrimination, other than bullying more broadly. In implementing the recommendations from the 33% Report, the Review suggests that Victoria Police request the breakdown of data by gender against personnel category and classification from VPSC in future rounds. 24.8% The Commission has written to the VPSC to make this recommendation for their future 21.0% reporting more broadly. 19.7%
Prevalence of sexual harassment
Lifetime prevalence 9.0% Figure 5 shows the rate of survey participants’ experience of sexual harassment during their 6.6% lifetime. These are compared to rates found in the Australian community and the ADF in 3.1% Australian Human Rights Commission surveys. 40 40 per cent of women and 7 per cent of men Women Men All who responded to the survey answered yes to the question ‘Have you ever personally Chapter 3: Nature and Prevalence 75 people for who the harassment started in the ‘intrusive questions about your private life’ (39 past five years (incidence), but the measure per cent for women, 28 per cent for men). excludes people whose harassment started For women, the third most commonly more than five years ago. Because some people experienced behaviour was ‘inappropriate experience protracted, ongoing harassment, it staring or leering’ (35 per cent), while ten per is likely to underestimate the overall prevalence cent of men experienced this behaviour. of harassment behaviours occurring in the five year period.42 ‘Unwelcome touching’ was experienced by 31 per cent of women and was the third most Almost one in five female survey participants commonly experienced behaviour by men (24 and one in 20 male survey participants had per cent). experienced harassment in a Victoria Police workplace that started in the last five years. ‘Actual or attempted rape or sexual assault’ were reported by just under 2 per cent of For those for whom the behaviour started in female participants and no men. the last five years, ninety nine per cent of participants said the harasser or harassers Women in Victoria Police for whom the were Victoria Police personnel. sexual harassment started in the last five years reported experiencing higher rates of ‘unwelcome touching’ (31 per cent) compared Nature of sexual harassment to women for whom the experience had started in the last five years in the community and the Figure 6 lists the behaviours experienced by ADF (23 per cent and 22 per cent respectively). survey participants who experienced sexual This suggests that physical sexual harassment harassment in a Victoria Police workplace that is more common in Victoria Police than in the started in the past five years. community or the ADF. Overall, women reported experiencing higher Compared to men in the community and ADF rates of all the sexual harassment behaviours men in Victoria Police for whom the sexual than men. harassment started in the last five years In the broader community sample of workplace experienced higher rates of ‘unwelcome experiences of sexual harassment, the most touching’ (24 per cent versus 16 per cent common types of behaviours reported by for community and 5 per cent for ADF) and people bringing complaints are sexually ‘sexually suggestive comments’ (53 per cent suggestive comments or offensive jokes, versus 45 per cent for community and 40 intrusive questions about personal matters and per cent for ADF). This may be explained inappropriate staring or leering.43 by the evidence that shows that much of the sexual harassment experienced by men Similarly, as can be seen on the following page, was experienced by gay men and appears the most common behaviour experienced by to intersect with their sexuality and their women and men in Victoria Police was ‘sexually experience of homophobia as outlined in suggestive comments or jokes’ (58 per cent for Chapter 2. women and 53 per cent for men) followed by Men and women in Victoria Police reported experiencing substantially lower rates of 42 The survey design did not enable an estimate of the proportion of other sexual harassment behaviours including participants currently experiencing harassment in a Victoria Police workplace which started longer than five years ago to be calculated. ‘sexually explicit emails’, ‘sexually explicit In addition, prevalence estimates of workplace sexual harassment pictures’ and ‘sexual gestures’ than in the more broadly diverge markedly according to methodological protocols such as sample size and diversity; whether the surveys targeted community and ADF samples. random samples from the community or a specific industry or sector; whether sexual harassment was operationalised according to a legal To assist in assessing the contribution of or behavioural definition; and the retrospective timeframe specified to participants. Paula McDonald, ‘Workplace sexual harassment 30 workplace factors to sexual harassment, the years on: A review of the literature’ (2011) 14(1) International Journal survey participants who had experienced of Management Reviews, 1-17. recent harassment were asked a number of 43 Australian Human Rights Commission, Working without Fear: Results of the Sexual Harassment National Telephone Survey 2012 questions about their work environment. (2012) 4.
76 Independent Review Figure 6: Sexual harassment behaviours that started in the last five years (by gender)
Sexually suggestive comments or jokes 57.6% that made you feel offended (in either a group or one on one situation) 52.8%
39.3% Intrusive questions about your private life or comments on your physical appearance 27.8% Women Men Unwelcome touching, 30.5% hugging, cornering or kissing 24.3%
Inappropriate staring or leering that made you feel 34.9% intimidated 8.3%
16.8% Inappropriate physical contact (including momentary or brief physical contact) 15.3%
17.1% Repeated or inappropriate invitations to go out on dates 6.3%
Sexual gestures, indecent exposure or inappropriate 9.0% display of the body 5.6%
Any other unwelcome 10.3% conduct of a sexual nature 2.1%
Repeated or inappropriate advances 7.8% on email, social networking websites or internet chat rooms by a work colleague 4.2%
5.9% Sexually explicit emails or SMS messages 6.3%
6.2% Requests or pressure for sex or other sexual acts 5.6% As can be seen in this data, sexual 5.0% Sexually explicit pictures, posters or gifts that made harassment was experienced as a you feel offended 2.8% broad range of behaviours. However, it is important to note that it cannot be 1.6% known whether the sexual harassment Actual or attempted rape or sexual assault 0.0% behaviours indicated in the survey relate to specific or ‘one off’ incidents 0.9% or a long-term, persistent pattern of Sexually explicit posts or messages on social media behaviour. (including Facebook, Instagram, Snapchat) 0.7%
Chapter 3: Nature and Prevalence 77 Figure 7: Do you know if this kind of Figure 8: Was/were the harassers the harassment happened to anyone else in same person/people who harassed you? the same workplace? Not Sure 11% No 8% No 48%
Yes 52% Yes 81%
As can be seen in Figure 7 just over half the The most commonly witnessed behaviours were survey participants who had experienced sexually suggestive comments or jokes (24 sexual harassment starting in the past five years per cent), inappropriate staring or leering (13 were aware of harassment of other employees per cent) and intrusive questions or comments occurring in their workplace, In the vast majority (12 per cent). Actual or attempted rape or of instances (81 per cent), the perpetrators sexual assault had been personally witnessed were the same people (see Figure 8). These by 10 participants. Behaviours that survey results suggest that those who perpetrate participants had witnessed are summarised in sexual harassment target multiple individuals in Figure 9. the same workplace. The most commonly reported form of sexual Survey participants who had experienced harassment was predatory behaviour (defined recent sexual harassment were also asked in the survey as ‘misusing their authority or about the frequency of harassment in their position to manipulate circumstances or people workplace. 34 per cent said sexual harassment to gain sexual or other personal gratification for was common, while 45 per cent said it themselves or others’). happened sometimes. Only 17 per cent said it The next most common forms were unwelcome was rare or very rare. touching (16 per cent) and sexually suggestive The Review heard a range of responses from comments or jokes (10 per cent). employees about the prevalence of sexual 3 per cent of participants reported having been harassment and predatory behaviour in places told about an actual or attempted rape or sexual they had worked. assault. Survey participants were asked whether they had either witnessed or been told about a colleague directing any harassment behaviours toward 75 per cent of women and 65 per cent another work colleague in the past five years. of men had been told about at least one incident of sexual harassment.
68 per cent of women and 57 per cent of men had witnessed at least one incident of sexual harassment.
78 Independent Review Figure 9: In the past five years have you personally witnessed a colleague directing any of the behaviours toward another work colleague?
23.5% Sexually suggestive 29.4% comments or jokes 20.0% 12.8% All Inappropriate staring or leering 19.6% Women 8.7% Men 11.9% Intrusive questions about your private life or 16.9% comments on your physical appearance 8.8% 7.9% Unwelcome touching, 10.4% hugging, cornering or kissing 6.2% 7.5% Predatory behaviour 9.0% 6.3% 6.2% Sexual gestures, indecent exposure or 7.7% inappropriate display of the body 5.2% 5.7% Sexually explicit 6.1% pictures, posters, or gifts 5.3% 5.1% Inappropriate physical contact 7.3% 3.6% Repeated or inappropriate 3.8% invitations to go out on dates 5.8% 2.6% Sexually explicit emails 3.3% or SMS messages 3.8% 2.8% 2.4% Any other unwelcome conduct of a sexual nature 3.1% 1.9% 2.0% Requests pressure for 2.9% sex or other sexual acts 1.3% Repeated or inappropriate 1.8% advances on email, social networking 2.6% websites or internet chat rooms 1.3% 1.2% Sexually explicit posts 1.5% of messages on social media 1.0% 0.4% Actual or attempted rape or sexual assault 0.3% 0.4% 38.6% None 31.7% 42.9%
Chapter 3: Nature and Prevalence 79 Figure 10: In the past five years have you beentold about a colleague directing any of the behaviours toward another work colleague?
20.1% Predatory behaviour 21.6% 19.1% 15.9% All Unwelcome touching, 18.2% hugging, cornering or kissing Women 14.5% Men 14.5% Sexually suggestive comments or jokes 16.2% 13.5% 10.3% Intrusive questions about your private life or comments on your physical appearance 12.8% 8.7% 9.7% Inappropriate staring or leering 11.2% 8.3% 9.3% Repeated or inappropriate 11.6% invitations to go out on dates 7.7% 8.1% Inappropriate physical contact 9.9% 6.9% 7.3% Sexual gestures, indecent exposure or 10.2% inappropriate display of the body 5.3% 6.9% Sexually explicit emails 8.5% or SMS messages 5.8% Repeated or inappropriate 5.2% advances on email, social networking 6.0% websites ot internet chat rooms 4.4% Requests pressure for 5.1% sex or other sexual acts 5.8% 4.6% Any other unwelcome 4.9% conduct of a sexual nature 5.9% 3.9% Sexually explicit 4.8% pictures, posters, or gifts 6.0% 4.1% 3.9% Sexually explicit posts 4.0% of messages on social media 3.9% 3.0% Actual or attempted 3.9% rape or sexual assault 2.1% 30.9% None 25.0% 34.8%
80 Independent Review Where and when the Under the Equal Opportunity Act, the overall context and circumstances in which the sexual harassment occurs harassment occurred is considered for every Survey data revealed that sexual harassment claim of sexual harassment in determining was most likely to occur in a station or office, whether a target or witness would be likely to be suggesting that much of the behaviour offended, humiliated or intimidated, including: occurred in the presence of bystanders. • the nature of the harassment Women were more likely than men to experience • when and where the harassment took place sexual harassment off site, or in an isolated • gender environment (such as at a social event, while on • experience patrol, or in a vehicle) and men, while less likely to experience harassment overall, reported • the relationship between people involved being more likely to experience harassment in a • any power imbalance, such as seniority or conference or meeting, or in training. age.44 As discussed in Chapter 4, women were substantially more likely to experience sexual harassment that was highly intimidating or 44 Victorian Equal Opportunity and Human Rights Commission, offensive. Guideline: Sexual harassment – complying with the Equal Opportunity Act 2010 (2013) 7.
Figure 11: Which of the following options best describe the circumstances in which the harassment occurred?
50.0% In a station 47.7% 55.1%
32.0% In a (non-station) office 33.7% 28.0%
13.0% During a social event with colleagues 14.8% All 11.2% Women 10.7% Men While on patrol/in the field 12.3% 9.3%
10.1% In a van or other work vehicle 10.7% 8.4%
6.6% Other 5.8% 4.7%
5.3% At a training venue (Academy, Airlie) 5.8% 4.7%
3.0% During a conference or meeting 2.1% 4.7%
2.3% During training 2.1% 3.7%
Chapter 3: Nature and Prevalence 81 The impact and harm of the behaviours is workplace and outside normal working hours. considered in detail in Chapter 4. For example, social functions sponsored and paid for by the employer, after-parties to such In drawing a picture of the harassment in events (regardless of their location), hotel Victoria Police, the Review has used examples rooms paid for by the employer and sexual based on the location in which they occurred to harassment which takes place at work premises illustrate the scope of behaviours. outside working hours or while employees are not performing their duties are all examples of Harassment in the station or office where the employer continues to have a duty of As seen in the data, the majority of targets and care for their employee.45 bystanders experienced or witnessed sexual harassment in a station or office environment, suggesting that much of the behaviour In one precedent-setting sexual occurred publicly. harassment case, the court stated that Many participants provided examples of sexual a rape of a staff member of another harassment in the workplace by an individual or employee, was ‘a culmination of a group. series of sexual harassments that took place in the workplace’.46 They would do a loop, perve on the women with cleavage … That was normal practice. The boys constantly The Review heard from a large number of talked about sex and sex-related crap people who had experienced inappropriate in front of me. I used to know who was behaviour offsite. an ass man or tits man. They’d tell each [A senior employee] known for exposing other when they had a wank (female himself at every work Christmas Party interviewee). (and other work functions involving There are a lot of young [women] alcohol). I avoided attending work in that workplace. It’s perceived by functions as a result … (female survey some … as being like a meat market. participant). … I would be in an office and a few We had … our first real conversation, and [women] would walk past. I heard he was lovely – before he was drunk. Then [male colleagues] say things like “I when he was more pissed he got more would like to stick my pole up her arse.” flirty … it got to the point where I thought It was so normal to say that. In real ‘time to go.’ … I said goodbye to a few life and on the street, I would stand people and couldn’t see him so I just left. up, but in that environment, I couldn’t. When I walked out he was there waiting My job would have been at stake if I for me. I asked him to please go back said something … That sort of stuff inside, I said ‘You know what they’re going happens all the time. It is a toxic to say if we’re seen out here together.’ … environment (female interviewee). He continued to pressure me into letting I was talking in my office about our him go him with him and I continued daily work and was leaning over a filing to remind him about his girlfriend … cabinet and the sergeant entered the Eventually, I was able to leave without him. office, walked around and past me and The next time I saw him, his ego trashed slapped me, hard, on the arse and said, and he’s acting all awkward. It was awful, ‘good morning’ (female interviewee). because I knew it would make people
45 Victorian Equal Opportunity and Human Rights Commission, Outside the workplace and Guideline: Sexual harassment – complying with the Equal outside work hours Opportunity Act 2010 (2013) 9. 46 Lee v Smith & Ors [2007] FMCA 59. See Victorian Equal An employer’s responsibility for sexual Opportunity and Human Rights Commission, Guideline: Sexual harassment – complying with the Equal Opportunity Act 2010 harassment extends beyond the normal (2013) 8.
82 Independent Review think even more that something happened A long-term serving member recalled an between us (female interviewee). experience from early in her career:
… until that point thought he was … as the car journey continued, he someone with high integrity, so dismissed started speculating that the nature it as him being a bit too drunk and silly. of the investigation might require an That is when he grabbed me. … I ran to overnight stay. I remember the sick my colleague, told her what happened feeling in my stomach, knowing that if it and that I needed to get back to [where occurred, I would spend [the] evening we were staying], I did not feel safe. fending him off me sexually (female … I do not socialise or drink with my interviewee). colleagues. Once bitten, twice shy Responses about the utilisation of social media (female survey participant). and emails to sexually harass were statistically In many areas, Victoria Police workplaces have low in the organisation. This may be because banned offsite functions, and on many site of targeted operations undertaken by Victoria visits, managers and supervisors pointed to Police on the inappropriate use of emails and social functions as an area of heightened risk. police expertise in evidentiary requirements. At the same time, the Review team heard that The Review also heard of several cases where sexual harassment was often categorised in employees were targeted on training courses the data or treated as ‘misuse of social media’ and other work-related trips, and after hours. rather than sexual harassment. One night the inspector was in the He shared intimate correspondence next room and calling out that he was she’d sent him. She heard about it. This thinking of me and masturbating and was not regarded as a police issue but ejaculating on the wall between our a social media issue. I don’t know if she rooms. I was really frightened with had grounds to take it further, but for all those guys with a gut full of grog her she felt absolutely humiliated in her (female interviewee). workplace. For them (men in workplace) He was trying to grind with me. … He it was a joke and a laugh and being one came up again later. I was standing of the ‘boys’ (female interviewee). with him and another guy … Through the course of the conversation he Professional relationship between said, “Everyone wants to know what’s harasser and target going on between us?” … [Later] he Survey participants who had experienced touched me completely inappropriately. recent harassment were asked about the The girls told him to fuck off professional relationship between them and the (female interviewee). harasser. The results can be found in Figure 12. Around a quarter of women and men, were He started to text and call me in my harassed by someone who managed them, personal time … they were never work either their immediate supervisor or a manager related … I would maintain politeness more senior than their immediate supervisor. and reply to a couple of them. I felt I had to do this because we worked For women, the most common relationship to together and he was my boss. I didn’t the harasser (33 per cent) was a colleague of want things to be awkward in my a higher rank or grade but not in their chain workplace, even though I already felt of command (compared to 9 per cent for that way … There was one incident men). For men, the most common relationship where he sent me a dirty joke text … I (32 per cent) was a harasser of similar rank/ never encouraged this behaviour. I was grade. Men reported substantially higher rates polite but never invited further texts, of harassment by colleagues of lower rank or calls or uncomfortable conversations grade compared to women (26 per cent and 4 about his sex life (written submission). per cent respectively).These findings suggest
Chapter 3: Nature and Prevalence 83 Figure 12: Which of the following best describes the harasser?
13.1% Immediate Supervisor 14.9% All 13.6% Women 13.6% 10.9% Men A manager more senior 9.9% than my immediate supervisor 11.8%
25.6% A colleague of higher rank/grade 32.6% than me, not in my chain of command 9.1%
28.1% A colleague of similar rank/grade than me 25.6% 31.8%
A colleague of lower 10.4% rank/grade than me 4.1% 25.5%
More than one person 12.0% participated in this behaviour 12.8% 8.2%
While around a quarter of both female and male victim/targets were in the highly vulnerable position of being harassed by a manager, overall a larger proportion of women experience harassment by someone more senior. Men, conversely, were more likely than women to be targeted by someone of the same or more junior rank/grade. variation in the power dynamics of sexual Characteristics of harassers and harassment relative to gender. targets of sexual harassment In looking at the prevalence data on both sexual harassment and sex discrimination, including gender-based bullying, it is clear that there Age and employment profile of people is consistency with broader evidence that targeted suggests that women might be exposed to more Survey participants were asked their age when hostile gender harassment from co-workers of their most difficult incident or episode of sexual the same organisational status who perceive harassment occurred. The survey found targets them as a threat, whereas women of lower of harassment in every age group, with the status might be exposed to more unwanted largest group aged between 25 to 34 years old sexual attention from workers with higher status (34 per cent). The next largest group were aged (for example, supervisors).47 35–44 years old (30 per cent), followed by 45 to 54 years (18 per cent),18–24 years (14 per 47 Victor Sojo, Robert E Wood and Anna E Genat, ‘Harmful Workplace cent), and over 55 (2.3 per cent). Experiences and Women’s Occupational Well-being: A Meta- Analysis’ (2015) Psychology of Women Quarterly, 23
Recruit 2.2% Probationary Constable 7.6% Constable 8.5% First Constable 6.3% Senior Constable 11.0% Leading Senior Constable 11.2% Sergeant 6.0% Senior Sargeant and above 2.7% PSO all ranks 2.0% VPSG 1–2 13.4% VPSG 3–4 14.5% VPSG 5–7 4.9% Forensic Officer all grades 2.7% Other 6.9%
Comparing the proportions ranks/grades/ The following personnel groups were over classifications targets to the proportions of represented as harassers: ranks/grades/classifications across the Victoria Police workforce, the following personnel groups were over represented as targets: • Sergeant – 19% (14% of workforce) • Senior sergeant – 11% (4% of workforce) • Recruit – 2% (0.4% of workforce) • Inspector and above – 6% • Constable (all classifications) (2% of workforce) – 22% (18% of workforce) • Forensic officer (all grades) – • VPS 1–2 – 13% (7% of workforce) 2% (0.8% of workforce) • VPS 3–4 – 15% (6% of workforce) • Executive officer (all levels) – • VPS 5–7 – 5% (2% of workforce) 1% (0.1% of workforce) • Forensic officer (all grades) – 3% (1% of workforce) Ranks/grades/classifications that were underrepresented as harassers were:
Employment profile of harasser Senior constable (including leading senior The survey asked participants who had constable) – 27% (39% of workforce) experienced recent sexual harassment to choose the rank, classification or grade of their • Recruit and constable – 10% harasser. (18% of workforce) • Protective service officer (all ranks) – The police ranks senior sergeant, sergeant, 1% (7% of workforce) senior constable (including leading senior constable) make up the majority (57 per cent) of • VPS1–2 – 3% (7% of workforce) the identified harassers.
Chapter 3: Nature and Prevalence 85 Survey participants who had experienced Figure 14: What was the gender of the person recent sexual harassment were asked about the harassing you (women participants) gender of the individual harasser or the main Female gender of the group where they were harassed 5% by more than one person. 77 per cent of individual harassers were men. For female targets, who made up the large majority of targets, 93 per cent of harassers were male and five per cent were female. For Male 95% male targets, 53 per cent of harassers were female and 45 per cent were male. The percentage of female harassers against male targets is unusual compared to the broader evidence base. When considered Figure 15: What was the main gender of the against data on the relationship between group harassing you (women participants) targets and harassers, factors that influence this behaviour are discussed in Chapter 2 and may Female 0% include ‘fitting in’ strategies. I have adopted a ‘give as good as I get’ attitude. I receive comments of a harassing/sexual nature every day,
Male and rather than get upset by them, I 100% choose to return them and act like ‘one of the boys’. This behaviour is wrong, and backs up the culture in VicPol. But it’s the only way to fit in here (female survey participant). Figure 16: What was the gender of the person As can be seen in Figure 17, in 67 per cent of harassing you (men participants) harasser groups the main gender was male. Female For female targets, in 97 per cent of groups the 54% main gender was male and none female. For male targets, in 67 per cent of groups the main gender was male and 33 per cent was female. Group-based harassment was largely perpetrated by men for both male and female Male 46% targets.
Predatory behaviour
Figure 17: What was the main gender of the The language of ‘predator’ raises concerns group harassing you (men participants) about identifying inappropriate behaviour. Female I don’t think the word “predatory” helps 33% … as it implies some dangerousness that is probably more equated with criminal conduct, and may make managers more blind to picking it up … (female interviewee). Male 67%
86 Independent Review CASE STUDY:
I started at the Police Station after completion of my probationary period. As soon as I started the perpetrator started pursuing me. He did and said things that were uncomfortable and intimidating. There was a culture of sexual banter and innuendo at the station. He started asking me about my sex life. He would call my mobile while I was at work when he was off duty and when I did not answer he would call the station line. He repeatedly asked me out for coffee and to commence a relationship with me. He left unwanted gifts for me to find in either my locker or other places only I would find them. I tried to deflect him by politely saying that I was not interested in him but he wouldn’t give in. He was married. I told him I had a boyfriend. I did not know what to do. I felt trapped. Another woman had spoken out before and was labelled a slut, so I did not want to raise it. An old squad mate said I should report it before it escalated. I felt sick but did tell the roster Sergeant that I was worried about my safety on the van and concerned about his behaviour towards me. He took me off the van, but made me feel like I was an idiot and that my concerns were not of any substance. He said I was safe, even though I had colleagues that could see what was happening and would swap their shifts with me to help me get away from him. The perpetrator would just change his shifts to work with me anyway. I was scared, defeated, ashamed and felt isolated. He was allowed to continue his behaviour without management putting a stop to it. After a social event one night I got home and into the house and I actually thought, “Phew, I made it safely through that”. The next thing I knew was that he was inside my house. Things started getting blurry. I was trapped. I couldn’t fight, I was unable to move. I am sure that I was drugged by him. He raped me. After that, the stalking and harassment kept happening, he kept changing shifts to be rostered on with me. He would turn up to my house uninvited. He sent me photographs of himself. Management didn’t do anything despite my repeated pleas for assistance. People would joke about the perpetrators behaviour all the time, saying things like “he will just get them drunk, it’s not rape then”. Another night the same perpetrator offered another young girl a life home. The same Sergeant encouraged it. (female interviewee)
One of the main reasons for the development sexual relationships, manipulates rosters, or of the term ‘predatory behaviour’ appears to creates other necessary precursors to take have been to address the gap between legal advantage of another employee. There may be definitions of ‘sexual harassment’ – defined varying levels of consent to engage in sexual as unwelcome sexual advances, unwelcome activity by women, but this consent may also be requests for sexual favours, or any other in the context of influence or pressure from the unwelcome conduct of a sexual nature, in harasser. circumstances which could be expected to make a reasonable person feel offended, humiliated or intimidated – and behaviours that In looking at predatory behaviour examples are criminal. in the data samples, there was evidence that behaviour identified as ‘predatory The definition used in the Review is misuse behaviour’ was most often sexual of authority or influence with the intention of exploiting others for sexual or other personal harassment, sometimes criminal, that had gratification. gone uninterrupted, or was tolerated in the context of a high organisational tolerance for Many of the behaviours have been compared to violence against women and its antecedents. ‘grooming’ where a member engages in multiple
Chapter 3: Nature and Prevalence 87 For example: found in Chapter 2, including discussion about the role of sex as a commodity in Victoria Police: We dealt with an incident where a person displayed behaviours that were not high But, there came a point … that I started impact or large scale but high volume. to become increasingly uncomfortable … That person was moved and we are Although he didn’t directly voice a seeing the behaviours appear again relationship/sexual interest in me, I (senior manager). believed that his actions and words in a roundabout way – indicated as such. Sexual harassment may start in a way that He was my [boss], so it was not seems innocuous, but when left unchecked unexpected that he worked with me to can escalate. In the case of Lee v Smith enhance my skills. However, it was & Ors [2007] FMCA 59, an employee who obvious pretty quickly that I was being sexually harassed a fellow employee on many treated better and differently to the other occasions in the workplace later committed junior staff. I even recall him taking a rape. The court stated that the rape itself was ‘a warrant off another Constable to give to culmination of a series of sexual harassments me, which he saw as a great opportunity. that took place in the workplace’. I never gave him my phone number, but … As it is, posters on the wall about it … He started to text and call me in my do nothing, checking females Facebook personal time (written submission). prior to her coming to a position and This [male member] had … a ‘fuckablility’ ringing other stations to ask what she type of approach towards women. Be looks like is the reality (female survey ‘fuckable’ and you were noticed, e.g. participant). younger attractive women, ‘unfuckable’ Victoria Police treats women disgustingly and you were ignored in all facets of the and [some] squads … [A unit] in my workplace (female survey participant). area only selects its junior members for secondment on how good looking they are… (male survey participant). Inappropriate relationships
In keeping with the broader attitudinal issues, In many circumstances, behaviour considered there were also concerns expressed about ‘predatory’ had some basis in people’s moral the predatory behaviour of women. In cases judgements about the appropriateness of presented to the Review of female ‘predators’, relationships. For example, if employees were the behaviour concerned younger or more junior married and having extra-marital affairs, people women, who sought to ‘manipulate rosters’, engaged in multiple relationships at the same ‘get better shifts’ or encourage supervisors to time, or participated in serial short-term sexual overlook their underperformance. relationships, it was viewed as inappropriate.
You cannot always blame the male for Young men and young women work sexual harassment … I have seen a in the police force, and get married few females literally throw themselves and have worthwhile long-term at males. Some females are more than relationships, and that is a normal fact happy to seek male attention as a of life, but this was different. A married means to further their career/get their supervisor, with children, having own way. This has a huge impact on multiple concurrent relationships with the workplace, as everyone knows who female subordinates, the alarm bell they are (survey participant, gender should have rung loud and clear unknown). (male interviewee). Discussions about the drivers of sex discrimination and sexual harassment can be
88 Independent Review Workplace relationships that there is no conflict of interest (for example the member is not the informant, investigator or performing Relationships in the workplace are any other role associated with the inevitable and consenting adults are relevant matter). entitled to form relationships and engage in lawful sexual activity. These rights are Inappropriate workplace relationships in fact protected by anti-discrimination laws including the Equal Opportunity Act While there are many examples of and the Charter of Human Rights and appropriate workplace relationships there Responsibilities Act. However, the same are also many that are inappropriate and laws and principles also protect people which often come about due to a misuse from unwanted sexual advances. of power or authority by Victoria Police employees. These types of relationships In addition the Equal Opportunity Act have the potential to cause harm to and the Occupational Health and Safety individuals, workplaces and Victoria Police Act provide for a positive obligation on as a whole. employers and employees to create a safe working environment. Factors identified as signs that a workplace relationship is inappropriate include the A supervisor or manager may have no following: authority or even requirement to manage or intervene in an appropriate personal • A power imbalance or position of relationship but they may need to manage authority is used to initiate, control or the professional relationship, particularly if maintain the personal relationship one party has line control over the other. • The relationship is being carried out in the workplace and on duty (for Appropriate workplace relationships example, sex during work time and/or In determining whether or not a workplace in police premises/vehicles) relationship is appropriate the following • The relationship is having an adverse factors were described as important impact on the workplace for other considerations: reasons (creating division/causing friction) • The relationship is consensual • Lines of reporting are being abused or • The relationship is transparent compromised • Personal relationship activities/ • Fear, force, fraud or workplace benefit conversations occur off duty and is driving the relationship or diminishing outside the workplace capacity to freely consent • The relationship is respectful and • Instructor/student relationships during professional training such as recruit training, motor • There is no fear, force, fraud or driving school, Detective Training workplace benefit driving the School relationship • The relationship is being used to gain • The relationship has no influence on or provide some workplace advantage workplace decisions or activities (reputation (including sexual reputation) • Appropriate boundaries are set and – ‘hero’ status) willingly observed • The relationship involves exploitation of • One party does not have line control vulnerable persons in the community. over the other or where one party is - Victoria Police Taskforce Salus external to Victoria Police and they have September 2015. met as a result of police duties ensure
Chapter 3: Nature and Prevalence 89 There was a great deal of contention in the data women unfairly tarnished because of a about how to define inappropriate relationships. relationship they have had or ended, or because they have multiple relationships. In some instances though they don’t It’s like the ADF stuff. It’s concerning – step over the boundary, they jump over things like people keeping score and them. People socialise together, drink using power and influence to prey on together, do dumb stuff, misbehave, hit often inexperienced and sometimes naive on each other, sleep with each other … female officers (male interviewee). The separation of personal lives and work can be a real problem Any police woman who has a relationship (female interviewee). with a police man is seen as the police bike. The comments are relentless, untrue Under the Equal Opportunity Act, behaviour and I have no defence or opportunity to that is based on mutual attraction, friendship fight back (female interviewee). and respect is not sexual harassment if the behaviour is welcome, consensual and The Review recommends that Victoria Police reciprocated.48 strengthens its Conflict of Interest Policy to define sexual relationships that can be regarded In September 2015, Taskforce Salus undertook as a conflict of interest, and provides guidance a workshop with police employees from across for managers to respond appropriately (see a range of areas and prepared a paper that Recommendation 5). elucidated the differences between appropriate and inappropriate workplace relationships. The The Review’s terms of reference is limited to previous table was developed in that workshop Victoria Police employees, though the Review and provided to the Review. acknowledges evidence that poor attitudes towards women inside the organisation are There is a clear argument for setting unlikely to be isolated to the work environment.49 organisational standards and policies on this issue.
At this time, a male colleague The experience of sex befriended me … I was targeted by discrimination and sexual him. He kept plying me with drinks. harassment for LGBTI employees Eventually this turned into a sexual relationship. We didn’t have sex in Under the Equal Opportunity Act, people are the office, but he encouraged me to protected from unlawful discrimination on the … Now I realise he was doing this to basis of a number of protected attributes in others too. I guess he was also having addition to sex, including sexual orientation, relationships with multiple partners age, race and disability. (female interviewee). These forms of discrimination may act together In addition, although there may be no case of to produce particular patterns of oppression sexual harassment or criminal behaviour in the and marginalisation, and influence vulnerability initial relationship, there are after effects for to victimisation. women. Many women told the Review of the ongoing, negative comments and innuendo they The Review’s survey findings demonstrate experienced about their sexual reputation or that sexual orientation is a risk factor for ‘sleeping their way to the top’. These comments being sexually harassed. For gay male survey may constitute sexual harassment in their own participants, the rate of workplace harassment right. in the last five years was six times higher than for male participants overall. For lesbian survey They are all adults and can make participants the rate of sexual harassment was their own decisions, but I have seen 49 Philip M Stinson and John Liederbach, ‘Fox in the Henhouse: A 48 Victorian Equal Opportunity and Human Rights Commission, Study of Police Officers Arrested for Crimes Associated with Guideline: Sexual harassment – complying with the Equal Domestic and/or Family Violence’ (2013) 24 Criminal Justice Policy Opportunity Act 2010 (2013) 7 Review 601.
90 Independent Review a third higher than that found in female survey or been made aware of more serious LGBTI participants overall. employee bullying/harassment at work.
Joining Victoria Police … as a gay 70 per cent of LGB respondents have male, I have been subjected to copious experienced some form of negative gay amounts of harassment and abuse, commentary or jokes within the past year. 11 starting at the academy whilst a per cent of LGB respondents reported having recruit. Whilst homosexuality is more personally experienced bullying or harassment accepted (whilst still not completely because of their sexual orientation in the past accepted) at present, it’s the worst in year. any organisation I’ve ever worked in. The Review noted a number of homophobic Harassment has been across numerous and/or hostile attitudes towards gay and lesbian levels, peers through to high ranking police employees: management. Command have the view that it’s only male versus female It seems females have to accept lewd harassment which is far from reality sexual behaviours to ‘be one of the (male survey participant). boys’ and progress their career. It also seems usual behaviour for me to [I felt] Very Uncomfortable. I told act this way. However, it also seems the person that I was gay and not women can threaten sexual harassment interested in men. Still he kept asking and utilise the ‘gay’ card for political me to go out and insinuated that we reasons (survey participant, gender could have sex. Like, I would ‘change’ unknown). for him (female survey participant). Too many ‘gay’ members use their In 2015, Victoria Police joined Pride in Diversity, sexual status as a tool to prevent Australia’s national employer support program managers from managing them. There for lesbian, gay, bisexual, transgender and is a very real clique within VicPol intersex (LGBTI) workplace inclusion. Just consisting of gay female members over one thousand Victoria Police employees and they seem to [be] able to achieve participated in a national survey on LGBTI transfers and promotion that no one workplace inclusion which is managed by Pride else can (male survey participant). in Diversity (6 per cent of the workforce). The survey also found that 75 per cent of LGB respondents are ‘out’ at work, either completely Victoria Police recorded incidents or to a moderate extent, and that 75 per cent of of sex discrimination, sexual LGB respondents are ‘out’ to their manager. The harassment and predatory major barriers to employees being out at work were reported as: behaviour • concern about being labelled There are a number of mechanisms through • concern about repercussions which Victoria Police employees can report • lack of comfort in being out at work sex discrimination and sexual harassment, as • fear of being the target of gay jokes or well as other inappropriate conduct. As in other sexual innuendo. organisations, Victoria Police employees can report these matters through their supervisors, Of the full sample of respondents, regardless of chain of command or to other staff members. sexual orientation, over half of respondents had Police employees also have access to Welfare witnessed negative comments or jokes targeting Services, and a chaplaincy. In addition, Welfare LGBTI people at work in the last year, and Services supports a network of voluntary almost 20 per cent had personally witnessed Peer Support officers across Victoria who can provide advice and support in an informal way.
Chapter 3: Nature and Prevalence 91 For matters relating to discrimination and sexual In addition to the problem of siloed data, issues harassment, complaints can also be taken with classification and handling also affect the to the State and Federal Equal Opportunity data capture, for example, inconsistent data and Human Rights Commissions, the Police entry, file reclassification and duplicate entries Association or the Community and Public Sector across the databases. Union. For employment-related matters relating Across the Human Resources data from to workplace flexibility, matters can be brought 2006–2014, there are fewer than 700 matters to Fair Work Australia. of bullying, sexual harassment, victimisation Misconduct can also be reported as a and stalking recorded, of which just over 100 protected disclosure under the Protected complaints are for sexual harassment. Disclosures Act 2012 (Vic) to the organisation or In a manual review of the data conducted by to the IBAC. Victoria Police, there appears to have been Victoria Police provided the Review with a an historical mis-classification of matters significant data holding in the course of the relating to sex discrimination and sexual Review. The main data sources currently used harassment as ‘bullying’ or ‘conflict’. This to collect information on sex discrimination appears to have been propelled both by a and sexual harassment, including predatory focus on downgrading sexual harassment behaviour in the organisation include: matters as ‘workplace conflict’ for local-level resolution, misidentification by employees of • complaints data collected through sex discrimination and sexual harassment Professional Standards Command and matters as bullying, as well as a reluctance by through Workplace Standards in the Human some Victoria Police employees to ‘name’ the Resource Department problem. • the annual People Matter Survey undertaken by Victoria Police and administered by the Victoria Police also shared the complaints and VPSC allegations data from its database, Register of Complaints, Serious Incidents and Discipline • Pride in Diversity LGBTI Workplace inclusion (ROCSID). The database is managed by program Australian Workplace Equality Index Professional Standards Command, and is Survey and benchmarking report 2015 used to record allegations relating to Victoria • workforce recruitment, retention and Police employees and the outcomes of those advancement data (discussed in chapter 7). allegations. It includes data on the length of As a result of scattered data, multiple points time for classification and resolution, outcome of entry and uniqueness of purpose across a and gender and rank of targets and alleged number of data systems, the Review was not offenders. able to obtain a comprehensive picture of the On receipt of the ROCSID data, the Review was complaints made to Victoria Police. Review informed that some files may have been missed. recommendations regarding the consistency Victoria Police has long acknowledged the of collection and centralisation of data and limitations in their complaints data capture. The complaints can be found in Chapter 13. quote below goes some way to illustrate data Since 2006, Human Resources data on formal handling issues: complaints has been held in centralised It is sometimes the case relevant databases. From 2006–2011, data was held in incidents or allegations exist within the Equity and Conflict Resolution Unit (ECRU) other complaint types (e.g. one in a standalone database. From 2010–2014, example was the use of a video data was held in the Workplace Standards camera to record a women’s change Access database and from 2014, matters have room – this was recorded under been recorded in Interpose, which is owned by Surveillance – misuse of equipment). Information, Security and Systems Command. These will not be captured in this data.
92 Independent Review The file types included [in the data Perceptions of the extent of provided to VEOHRC] report were: Malfeasance; Sexual Offence; sex discrimination Attempted Rape; Indecent; Instigate; not specified; predatory Behaviour, The Review survey asked participants to Rape, sexual behaviour, voyeurism, rate their level of agreement with the broad wilful and obscene exposure; statement “discrimination against women is no Behaviour; Harassment; Repeated longer a problem in the workplace in Australia”. Approaches and For Making Just over 24 per cent agreed and 56 per cent Complaint; Discrimination; Harassment; disagreed, meaning that just over half the Not specified; Sexual Harassment; survey respondents believe sex discrimination is Gestures; Invading Privacy; Lawful still an issue. Sexual Abuse; not specified, subject Men were more than twice as likely as women to to intimacy; threat of intimacy; touch; suggest that discrimination is no longer an issue verbal; (email received 10 March 2015). (14 per cent and 30 per cent). Further discussion about the need to undertake Almost three quarters of women participating work to improve classification and recording of in the survey agreed that it is still a problem, sex discrimination and sexual harassment can with just under half of men agreeing that it is a be found in Chapter 13. problem. In the community sample,13 per cent of people agreed that sex discrimination is no longer a problem compared to 24 per cent in Victoria Police.50
50 VicHealth, Australians’ attitudes to violence against women. Findings from the 2013 National Community Attitudes towards Figure 18: Agreement with the statement – DiscriminationViolence against Against women Women Survey is no (NCAS) longer (2014) a 14. problem in the workplace in Australia
24.2% All Agree 14.1% Female 30.3% Male
19.5%
Neither Agree/Disagree 12.9%
23.4%
56.3%
Disagree 72.9%
46.3%
50 VicHealth, Australians’ attitudes to violence against women. Findings from the 2013 National Community Attitudes towards Violence Against Women Survey (NCAS) (2014) 14.
Chapter 3: Nature and Prevalence 93 Taken together, data generated by the Review As can be seen in Figure 19, just under 20 per identified a range of factors contributing to why cent agreed and 42 per cent disagreed with this men in Victoria Police are less likely to identify or statement. acknowledge the extent of the issue compared In a similar pattern, responses to views about to the broader community. the prevalence of sex discrimination in the The Review considers the drivers in more detail community, the views of women and men about in Chapter 2. whether sexual harassment is a problem varied substantially. Of the women who responded, 28 per cent agreed and 27 per cent disagreed … It used to be more overt while 14 per cent of men agreed and 51 per and obvious … it is now more cent disagreed. underhanded or subversive in the The survey also asked participants to rate comments or behaviours, where their agreement with the statement ‘predatory some males are either oblivious to behaviour is a big problem in Victoria Police’. it occurring or that they are actually As can be seen in Figure 20, just below 21 per engaging in the behaviour themself cent agreed it was a big problem while twice as but are probably not even cognisant many (42 per cent) disagreed. that they are (female survey participant). Here too, there was a significant difference in the rates of agreement between women and men. Of the women who responded, 29 per cent agreed and 28 per cent disagreed while Perceptions of the seriousness of 16 per cent of the men agreed and 50 per cent sexual harassment disagreed. Participants’ perception of the seriousness of The survey asked participants to rate their sexual harassment and predatory behaviour agreement with the statement ‘sexual are impacted by a range of factors explored harassment is a big problem in Victoria Police’. throughout the report, relating to attitudinal
Figure 19: Agreement with the statement – Sexual harassment is a big problem in Victoria Police
19.5% All Agree 28.2% Female
14.1% Male
38.8%
Neither Agree/Disagree 44.6%
34.9%
41.7%
Disagree 27.2%
51.0%
94 Independent Review Figure 20: Agreement with the statement – Predatory behaviour is a big problem in Victoria Police
20.9% All Agree 29.0% Female
15.7% Male
37.1%
Neither Agree/Disagree 42.4%
33.9%
42.0%
Disagree 28.5%
50.4%
norms within the organisation that result in a • participants who reported not having seen it level of justification, excusing, trivialisation, or heard about it: minimisation and shifting blame. In addition, I have been a policeman for over 10 in a similar way to attitudes in the broader years. I have never witnessed sexual community, many Victoria Police employees harassment within the ranks (male are less inclined to see non-physical forms survey participant). of control, intimidation and harassment as ‘serious’.51 I have not personally witnessed any Participants’ perceptions of the prevalence of form of inappropriate behaviour and sexual harassment varied widely, including i would report it immediately if i did (male survey participant). • participants who talked of its endemic and pervasive nature: I have [family members] who work in VicPol. I am a very comfortable it is I believe the harassment is endemic. It a safe workplace in this regard (male wasn’t directed specifically towards me. survey participant). It appears to be an accepted standard of sexist and derogatory behaviour • participants who believed the problem was amongst many of the male staff caused by a few individuals: (female survey participant). While sexual harassment does occur I think many male police members within this organisation I do not believe feel comfortable being suggestive that it is endemic, I would define it and sleazy towards female members as being limited to a few isolated (female survey participant). incidents. I do not believe that it is solely the domain of males offending against females either (male survey participant).
51 VicHealth, Australians’ attitudes to violence against women. Findings from the 2013 National Community Attitudes towards Violence Against Women Survey (NCAS) (2014) 13.
Chapter 3: Nature and Prevalence 95 I believe this behaviour within Victoria or the impact on the broader workforce and police is the exception and not the community of sexual harassment. norm (male survey participant). In addition, some participants asserted that Many survey and interview participants men as well as women were the targets of reflected on the changing nature and sexual harassment: prevalence of experiences of sexual Sexual harassment goes both ways and is not harassment in Victoria Police. For some right regardless of the sex of the offending participants, there was a sense that it had person. However, as with this survey society and improved overall: this organisation is geared to protecting only No. I have seen it many, many years females. It shouldn’t be gender specific (male ago however, it seems to have changed survey participant). and is not as relevant as it used to be Others noted that women made complaints for (male survey participant). malicious purposes:
I haven’t been sexually assaulted in the Women use accusations of harassment last [few] years, except for a few taps to harm men (male survey participant). on the bum, which is quite minor in comparison (female interviewee). This lack of understanding of the drivers of sexual harassment, as well as attitudes that The majority of participants, however, are supportive of gender inequity and victim commented that it had either deteriorated and/ blaming, can have significant implications for or changed in nature: safe responses, support and intervention of inappropriate behaviours.52 There are some members who still don’t like females in the job. They don’t talk openly about it anymore, but they’re still Avoidance strategies amongst us. Recently a superintendent said – ‘pregnant policewomen are In workplaces where there was only a small like cows, they’re fucking useless and number of women, or no other women, should be chucked in a paddock’ participants reported that this impacted their (female interviewee). sense of safety and collegiate support. The Interestingly, the Review heard from many Review heard that often people self-isolate and participants that sexual harassment is only a exclude themselves as a protective mechanism. problem if women witness it. I make every effort to avoid going home I’ve never seen or heard about anything with a male in a work car. Early in the bad. But I’ve heard a lot of jokes piece, one or two, that I thought I could between men about finding female trust, drove me home and put pressure on colleagues ‘hot’ or wanting to have sex me to drive me to my place … I don’t go with them. But never any suggestion to work functions. I don’t socialise. I don’t of acting on those comments (male get into a lift with anyone I know is heavily survey participant). involved in this behaviour … I share very little about my personal relationships at This happens constantly, frequently work … (female survey participant). via males who show off pornography on their mobile phones at work without … I didn’t feel confident disclosing the considering who else is in the area behaviour to anyone as I thought “who will (female survey participant). believe me over him?” I thought I handled the situation well considering, but since These quotes illustrate that for many employees, that occurrence I find I am not as relaxed there is limited understanding of the definitions of sexual harassment, the drivers, the conduct, 52 VicHealth, Australians’ attitudes to violence against women. Findings from the 2013 National Community Attitudes towards Violence Against Women Survey (NCAS) (2014).
96 Independent Review around male colleagues as I once was the guys would blatantly stare down her … I’m angry that this one person has top and comment on her body. You are changed the way I interact with my co- in an environment where this is quite workers but I can’t help feeling wary now normal (female interviewee). (female survey participant). … occasionally it got to the point of I did what I had to do during the next being grabbed on the bum and that week and kept to myself. … This is not sort of the thing. I was tolerant of it. like me. This experience has affected me It was sporadic, but that can make it so much. I have a high set of values and more insidious (male interviewee). standards (female interviewee). The first couple of months those types Under the Equal Opportunity Act, a of comments were funny, you wanted workplace environment that is ‘fun’ or casual to be accepted. In the end, I thought is not an excuse for allowing behaviour that what am I doing to my own gender? I may intimidate or offend employees to go took a good hard look at myself. I had unchecked. The fact that an employee may have to look what I was morally doing. I tried been silent or taken part in exchanges of sexual not to get involved in these discussions. comments, banter or jokes does not mean it is After a while, it was noted that I wasn’t not sexual harassment.53 going along with it and I was excluded Participants commonly reflected on from things going on in the office, and circumstances where they felt it was in people wouldn’t talk around me their interest to ‘play along’ with sexualised (female interviewee). banter and behaviour. Most commonly, it was an attempt to protect themselves or avoid escalation of the harassment. In other Failure to intervene by bystanders circumstances they reported having consented and witnesses to the conduct up to a point, prior to the behaviour escalating to a point where it became For many targets and witnesses of sexual intimidating, humiliating or offensive.54 harassment, there was a sense of isolation in the experience because of broader tolerance … As my personality is strong and of co-workers and managers, by being tacit quick witted, I didn’t mind the guy talk bystanders or active participants in sexual and jokes, even if they were a bit rude harassment. or sexist. On occasions a number of male police officers brushed up They would sit around the muster against me, touched or leered, and room and watch porn. One of the main one even sat me on their lap at a social impacts on me was the realisation that event. When he pulled me onto his that’s what blokes do. But actually now lap, he whispered into my ear – “Can I know it’s not. It is what VicPol blokes we go outside to have sex?” His wife do (female interviewee). was sitting next to us … I’m not sure whether it was the fact they were It was intimidating in the beginning. coppers or just being guys but it was There are things that overstep the very sexually overt. I felt that over time line, something was uncomfortable I changed the way I dressed and how about the way he was towards me. His I may have been perceived by the conversations were not the same as male officers. I was never provocative. other males I spoke to in the past. The I worked with one woman and a few of culture is one where jokes and sexual innuendo are somewhat tolerated as 53 Horman v Distribution Group Ltd t/as Repco Auto Parts [2001] banter. I had not had anyone overstep FMCA 52. the mark before (female interviewee). 54 See Victorian Equal Opportunity and Human Rights Commission, Guideline: Sexual harassment – complying with the Equal The joke [did] not really [offend] me. Opportunity Act 2010 (2013).
Chapter 3: Nature and Prevalence 97 However, I [felt] offended because • He does not refrain from letting other members were laughing and others know that he is [well- no one stood up for me (male survey endowed] (written submission). participant). This is a crucial point in considering evidence For many participants, the behaviours of about the escalation of behaviours, and supervisors not only constituted sexual significant harm, experienced by many women harassment, but created an environment that throughout the Review’s data collection, and the increased women’s vulnerability by isolating role of supervisors and managers in creating them from an avenue that they should have had a tolerance for sex discrimination and sexual the confidence to seek help from: harassment.55
[The supervisor] was a dead set As seen in the data, many women who creep. The first time he touched me experienced sexual harassment, experienced was in front of other members. A new it off site, or in an isolated environment as well girl saw it but didn’t speak up then (such as during a social event, while on patrol, even though she saw it was creepy. in a vehicle). She didn’t know what our relationship The Review team noted the routine experiences was … He was blatant, but he would of female sworn participants who had been mostly do it when no one else was sexually harassed while on duty in the van or around (female interviewee). offsite:
In the lunchroom, he would try When I first joined I was on nightshift to engage me in inappropriate in the divvy van at my training station. conversations. He pushed boundaries It was maybe three months after (female interviewee). graduating. The member I was in the van with … lunged at me. I ran and [The boss] allows conversation called the sergeant from a house and with a sexual overtone to occur his punishment was that he was banned without addressing those guilty of from working with girls for three months the conversation. He joins in and … (female interviewee). laughs with the group but he won’t stop anyone from having improper … She wasn’t stupid – he took her to dialogue. The office is like a never one place that was isolated and made ending episode of Big Brother. advances. She declined politely and was able to convince him that she wouldn’t • [Every] conversation … most go any further. This happened more than times it ends up with a sexual once (male interviewee). connotation. • Everyone in the office knows each … Everything seemed fine, then we of the others intimate details of drove off and he gets talking about his who is with who, who is sleeping relationship, how they never have sex with who, whose marriage is on the anymore or anything. This is quite normal rocks. There are no boundaries. you have to understand, you spend that much time in the van you end up talking • He sidles up to the women in the about everything. That afternoon as we’re office and his behaviour with some just driving around, he told me that he can only be described as sleazy. thinks about me while he’s masturbating. • He allows ‘fun’ in the form of And now I’m driving … he completely policewomen being [objectified and humiliated]. 55 Poorer psychological outcomes have been associated with harassment that: is perpetuated by a supervisor as opposed to a co-worker; involves sexual coercion; takes place over a long period • He allows practical jokes that are of time; and occurs in male-dominated settings. Linda L smutty. Collinsworth, Louise F Fitzgerald and Fritz Drasgow, ‘In harm’s way: factors related to psychological distress following sexual harassment’ (2009) 33(4) Psychology of Women Quarterly, 475.
98 Independent Review CASE STUDY:
That place was a hunting ground for the probationary constables … The Leading Senior Constable [and I] had been out in the car for an hour – I felt uncomfortable – it was dark. He kept asking [questions about my private life]. I didn’t want to be rude or rock the boat. I am a big believer in your name is your reputation and it is all you have. He started telling me that [he has extra marital sex]. He said his wife didn’t mind. He kept asking my opinion about it and if I thought it was “wrong”. I tried to be diplomatic about it, that if it worked for him and his family then it was his business. That led to him suggesting that I wouldn’t mind that – that I was the type of girl who would be cool. I felt very uncomfortable, I didn’t want to say, “You’re a big creep,” so I humoured him. He kept going on – would you be the type of girl that would want to do that? He pulled over somewhere pretty secluded so that we could check on people speeding. I was very, very junior, I didn’t know our call sign, where we were or how to use the radio. I felt very vulnerable. He started asking about what kind of sex I like and that sort of thing. At this point, I hadn’t said stop per se, I’d just tried to redirect the conversation … I didn’t want to be labelled a troublemaker, and I was new. I didn’t want to be ‘that girl’ who was ‘a bitch’ to my colleagues. That stuff follows women around the force – “she’s the one that made a sexual harassment complaint”. I definitely tried to mitigate it somehow, I don’t remember how, but just avoid the conversation and change the subject. He kept asking me what I would be “up for”. I think I said, “I don’t think that is what I would do, certainly not in a police car”. I tried to move my leg when he touched it. He was saying, “I reckon you would be the type of girl that if I got my cock out you would suck it”. He kept pushing it. I kept thinking, “I am going to get raped in a police car. This is not an ideal start to my career”. Eventually I snapped when he started touching himself (over clothes), I threatened to spray him. He said, “You don’t have to be a bitch about it”. I said, “You don’t have to pull your dick out”. He put the car in gear and drove straight back to police station, without saying a further word. After that he completely ignored me. It was gross. It was awful. I didn’t tell anyone I worked with … It was really disempowering. I did tell a [senior woman I worked with] a few weeks later. A lot of the girls were consensually sleeping with senior constables. I told her a shortened version of what had happened. She said, “You need to tell me who it was and I will get him fucking fired”. I didn’t tell her – there was too much at stake – there were a lot of men in management and he still seemed pretty well protected (female interviewee).
Chapter 3: Nature and Prevalence 99 blindsided me. I was totally unprepared Backlash and perceptions of and I’m so uncomfortable but somehow also worried about reacting in a way that ‘reverse’ discrimination would make him feel uncomfortable or embarrassed about what he had just The Review team spoke with many employees said. He kept going on and I kept just who were extremely proud to work for Victoria hoping we’d get a job so I could get out Police and that they wanted these inappropriate of this conversation (female interviewee). behaviours addressed to make Victoria Police the best possible organisation it can be. In many cases, it was experienced as an escalating pattern of behaviour over time, Sexism and sexual harassment is one often occurring in areas where there was a of VicPol’s biggest problems and MUST lack of intervention in the behaviours by the be addressed if we are to evolve into workplace, which meant a person subjected to organisation that women can be proud to such behaviours did not feel confident or safe to work for. I love my job and I love VicPol. report it. But I am quite frankly, ashamed of how women are treated and how often sexual … Everyone at the station has warned harassment is casually ignored by both all the new trainees, particularly the male and female members in VicPol females about the SC, but no one was (female survey participant). prepared to stand up and say anything. They’re all happy he’s out of the job [I] feel very strongly that we need to but none of them did anything about change the culture which allows this it at the time … The SC drives to a type of behaviour to not only exist but location within their area and says ‘this thrive. The day of the male jock who is is a great location to have sex in the everyone’s mate and who sees sex as van because the CCTV cameras can’t being a social conquest needs to be see you.’ She was frightened he was isolated and driven out of our culture. going to do something to her. And this We need to see this behaviour as what it is her workplace (female interviewee). actually is and to educate all members that the current climate and culture is not The perpetrator would change shifts acceptable (male survey participant). so he worked with me. I thought once the roster sergeant had rostered me The Review’s data shows there was wide off, I would be safe. I thought that if variations among respondents in their I pretended to be friends with the perceptions and attitudes about the existence perpetrator, then it would be OK and prevalence of sexual harassment and sex (female interviewee). discrimination.
The comments were made in front of a Many respondents rejected the idea that gender group of three other male colleagues inequity could be a problem in Victoria Police. of my same rank. I felt embarrassed … command are well out of touch that no other person thought the if they think this is an issue … (male comments were inappropriate, all survey participant). who joined in laughing. Made me feel as though the comments made were I have not witnessed any of this part of a bonding exercise. behaviour and therefore do not believe (female survey participant). it warrants this amount of resources/ investigation (male survey participant).
100 Independent Review Not broadcasting to the world that I do not like females claiming to be there is a widespread problem and discriminated against on the basis paint every hardworking police of their gender when their actions or officer as a sexual predator would be performance is deficient fantastic (male survey participant). (male survey participant).
The resources used to fund this program could be better used to fight … Some people, if there has been the “ice scourge” or family violence anything that looks like affirmative (male survey participant). action or preferential treatment, Some spoke of a lack of environmental or will push back and try to redress the interpersonal awareness of the prevalence, imbalance they perceive. They see this nature and impact of sexual harassment and as pushing back on ‘unfairness’ rather sex discrimination. than addressing it …
I have been a policeman for over 10 … Well, we should treat people equally, years. I have never witnessed sexual but they often don’t get that equal harassment within the ranks (male doesn’t cut it. It is more paternalistic survey respondent). than equal – more protective and paternalistic sometimes … One of the Sergeants said to me ‘glad (SENIOR MANAGER) to hear you’re pregnant – I thought you were putting on weight’. When I said it’s not appropriate to say that he just Recent research and national consultations didn’t get it. What language do you use undertaken by OurWatch in partnership with to get them to be aware of it? Australia’s National Research Organisation (female interviewee). for Women’s Safety (ANROWS) and VicHealth Furthermore, the Review heard from a significant found evidence of hostility towards initiatives number of employees who believed that any and reforms aimed at establishing gender measure to address inequality were unfair. equality. They point to a growing consensus that increasing hostility and violence against women Sex discrimination traditionally implied can be best understood in conjunction with females being treated poorly by males. ‘backlash’ theories that examine what happens Over the past eight years the tide has where existing or expected power differentials turned significantly with separatist and hierarchies are challenged: actions taking place. Women Policing forums – an unfortunate by-product For example, when gender relations are is that unhealthy cliques have formed based on a hierarchical model where and women in some cases are women play a subordinate role, violence being promoted based on gender. may be used and accepted as a Management have been heard to say mechanism for maintaining this dynamic, they need to fill the position with a especially when it is under threat. female to balance the male / female management ratio. This is flawed … Violence against women is and action such as this is fuelling also more likely to be supported in males to view females negatively circumstances where women are (male survey participant). perceived to have breached socially defined feminine roles, such as when Moreover, any employees who held these women’s education level increases views also held views that women ‘played the relative to men). Studies show levels gender card’ to compensate for inferior work of violence against women increase performance and/or were not promoted on merit. in societies … where women begin to play a more prominent role in paid work and civic society. Together, this
Chapter 3: Nature and Prevalence 101 suggests that violence, or the threat public who could not hear. These of violence, may be used in such made me feel uncomfortable [and circumstances as an attempt to re- were] … mainly focused around female establish the previous ‘gender order’, members of the public (male survey one that is often perceived to be participant). ‘natural’ or ‘traditional’.56 Many participants, both male and female This may increase the risk of women being spoke of the benefits to both men and women undermined and targeted and will need to be in the organisation of creating a more flexible, addressed as part of the implementation of the respectful and equitable workplace. Review’s recommendations. These vastly different perspectives will be … there is a cultural belief that a woman important considerations in designing and will get promoted before a man. Extremely implementing internal communication strategies unfair (female survey participant). to address the prevalence and nature of sex discrimination in Victoria Police and build It also affects the way women value themselves support to create a workplace that benefits from and other women by shifting the blame from its diversity of employees. the structural and attitudinal barriers to women being able to equally and fully participate onto Further discussion on the impact and harm women who are prepared to make a complaint caused by of sex discrimination can be found in or push back. Chapter 4.
It is my perception that probably more than 50% of complaints are Conclusion fabricated or exaggerated by females who are anti-men and want to get places. This behaviour and attitude Victoria Police likes to think of itself as of women ruins the job for the rest a women friendly workplace when in of us, because unfortunately we get fact it’s only women tolerant tarnished with the same brush! (SITE VISIT). (female survey participant). While backlash continues to be experienced, Victoria Police should recognise that many Throughout this Report, the evidence shows male participants are aware of gender-based sex discrimination and sexual harassment to be hostility or sexual objectification and experience prevalent and widespread in the organisation. discomfort and stress as a consequence. Significant evidence gathered by the Review shows that there is systemic discrimination I have heard about something against women employees in Victoria Police, unacceptable happening, which is and measures to address this will need careful called “decorative appointments” and consistent employee engagement. where people will hire VPS staff that are attractive. For example, VPS2 Women are significantly more likely to appointments were prioritised based experience sex discrimination, gender-based on their looks – this was done at Super bullying and sexual harassment. level (senior manager).
The jokes and comments were not directed towards me, they were directed towards members of the
56 OurWatch, VicHealth and ANROWS, Change the Story: A shared framework for the primary prevention of violence against women and their children in Australia (2015) 31
102 Independent Review Victoria Police have a long, long … we need to address these issues as way to go. Lives have been forever soon as it happens rather than waiting for destroyed, good smart female something to happen. I said conversations officers lose their career. In general like the one we’re having need to happen sexualising harassment is tolerated. in an informal way and by everyone, it [Some units] have a terrible predatory needs to be in the mess hall, and when nature in general women are treated people are talking (in sometimes very like meat and those who do not derogatory ways) about women in their go with it are treated poorly day to day interactions. It is not just in (female survey participant). education about policies and rules … There’s an underground network for guys. It is also clear that there is heightened risk of If a female won’t put up with it, and goes being targeted for VPS employees and for gay to the ‘horrendous’ lengths to report it, they and lesbian employees who do not conform will be ostracised … And that’s why we with gender identity norms. This is discussed have what I think are much higher levels (of further in Chapter 2. harassment and discrimination) than we Sexual harassment is significantly under- know about (female interviewee). reported. The reasons for this are outlined Sex discrimination and sexual harassment in more detail in Chapter 12. However, it is in workforce recruitment, retention and clear from the Review’s evidence, that under- advancement data will be explored in more reporting may also be strongly affected by detail in Chapters 7 and 8. employee perceptions on the prevalence, nature and importance of these issues, which promote the idea that experiences of sex discrimination and sexual harassment are ‘non-events’, are not worth pursuing or should be endured. This, combined with what appears to be a high level of tolerance and normalisation of sexism and sexual harassment in the workplace, will continue to exacerbate the problem until it is addressed in a comprehensive and strategic way. There is also a clear argument for a zero tolerance response to actions that are often perceived as ‘low level’ behaviours in workplaces and among teams. In tandem, there is evidence of a propensity for ‘backlash’ on initiatives that seek to address gender inequity, which has significant implications, and needs to be taken into account at all stages of implementation. Gender equality must remain central to implementation. It will be important to engage men. Research demonstrates that backlash and resistance is an inevitable part of the change process, and should be planned for and expected.57
57 OurWatch, VicHealth and ANROWS, Change the Story: A shared framework for the primary prevention of violence against women and their children in Australia (2015)
Chapter 3: Nature and Prevalence 103 Chapter 4 Impact and Harm
Main findings targets, the harmful experience continued to affect their everyday lives. • The Review witnessed a range of impacts • There are significant organisational risks of sex discrimination and sexual harassment and costs of a lack of gender diversity in on individuals and workplaces. Targets and the workforce, including risks to capability, witnesses experienced significant detriments community confidence and integrity. and harm, including psychological harm, social isolation, exclusion and withdrawal, Introduction economic loss, health-related issues and extreme physical harm, miscarriage and Participants who experienced sex discrimination thoughts of suicide. and sexual harassment described to the Review • The proportion of participants feeling very a range of detriments and injury, including intimidated by the sexual harassment is psychological harm, social isolation, exclusion substantially larger than in the community and withdrawal, economic loss, health-related and the Australian Defence Force (ADF). issues and extreme physical harm, miscarriage • The proportion of participants feeling very and thoughts of suicide. Third party harm, offended by the sexual harassment is also experienced by partners and families, is equally substantially larger than in the community concerning. and ADF samples. These impacts are not experienced in isolation. • Families of employees are also negatively Victim/targets frequently reported experiencing affected by sexual harassment, sex a combination of these harms, many of which discrimination and predatory behaviour. In were pervasive and distressing, at different some cases, they are also the direct targets times and to varying degrees. of these behaviours. Sex discrimination and sexual harassment is • Sexual harassment is costly to Victoria problematic in a unique and corrosive way, Police in terms of retention, reduced morale, stripping away women’s and some men’s absenteeism, the cost of investigations and identities as participants in their place of other direct and indirect costs. employment, reducing the quality of working • Significant impacts on both men and life, creating barriers to full and equal women were seen especially in workplaces participation in the workplace and imposing where there was a heightened tolerance for costs on organisations.58 inappropriate behaviour and gender-based The data for this section has been drawn hostility. broadly from the data collection. Given the • For women in the organisation, the risk of difficulty in defining ‘severity’ in relation to harm already present in the ordinary rigours impact and harm, we report here on the of policing is escalated where there is a scope and extent of harm broadly, rather climate of gender-based hostility. than an outcome of any particular type of • The Review heard of multiple, historical
incidents of sexual harassment and assault. 58 Australian Human Rights Commission, Sexual harassment in the For individuals who were former employees workplace: Code of Practice for Employers (2004); Deirdre McCann, ‘Sexual harassment at work: National and international of Victoria Police, there were ongoing responses’ (Conditions of Work and Employment Series No. 2, psychological impacts. For many victim/ International Labour Organisation, 2005); Sandra Fredman, Women and the law (Oxford University Press, 1997).
104 Independent Review discrimination, harassment or predatory as well as public servants, whose roles in behaviour on any individual. Drawing on these frontline policing, renders them potentially harms broadly highlights the Review’s finding vulnerable to recognition and subsequent that one particular incident does not equal or targeting within the community. In the context of result in one particular impact or harm. the inherent dangers and stresses of policing, and for people who are targeted or harassed Focusing on the criminal end of sexual internally, the risk experienced by employees harassment fails to recognise the cumulative and perceived by families is heightened and the impact where individuals are discriminated potential impact and harm elevated. against or sexually harassed on an everyday basis. This does not and should not take away Women that I’ve spoken to say that from the seriousness of particular incidents it’s always in the back of their minds. such as sexual assaults, however, it emphasises There is that more acute awareness the point that the impacts of sexual harassment, of their environment. You take that into sex discrimination and gender based violence the workplace and it is compounded and hostility are significant. (executive interviewee). This chapter also examines the impact of … It’s the same mentality as domestic historical sex discrimination and sexual violence but being perpetrated by the harassment of former employees and long organisation … The nightmares I have serving current employees. The Review found are horrendous. I am really fearful there is significant harm existing in the about coming forward and speaking workforce and the community. about it. I know what can happen … … There wasn’t anyone to tell. It’s like a domestic violence victim. You’re Victoria Police cannot draw a line in the sand isolated. You’re on strange shifts with and start fresh. Cultural change will require two weeks’ notice, so your social life recognition of the lived experience of the harm. went out the window. The guys were drinking and screwing around. They Victoria Police has shown competent leadership just regarded us as part of their in protecting their employees from external risk, property. It’s almost like you get into the including through developing Occupational mindset (female interviewee). Health and Safety standards and leadership through the Zero Harm strategy. As addressed in Chapter 11, the acknowledgement of and Impact on targets efforts to address workplace harm are gaining traction, as demonstrated in Victoria Police’s Cumulative harm commitment to developing a mental health Recent evidence has pointed to the importance strategy and through their engagement in of moving away from traditional systems this Review. In addition, Victoria Police has of measuring incident-based workplace been proactive in identifying the need for a harm to an approach that recognises and harm index to look at impact over volume in responds to cumulative harm. This is crucial the context of community safety and crime in thinking about the harm and impact of sex prevention.59 The relevance of this development discrimination and sexual harassment in the to this Review is discussed in more detail in workforce. Chapter 6. For example, evidence has shown that more There is no doubt that there are inherent risks frequent, though less intense harmful workplace in the everyday rigours of policing. The Review experiences (for example, sexist jokes and heard consistent evidence that demonstrated remarks, ignoring women during meetings) can this was the case for sworn members, both impair occupational wellbeing as much as less police and protective services officers (PSOs),
59 Victoria Police, Blue Paper: A vision for Victoria Police in 2025 (2014) 27.
Chapter 4: Impact and Harm 105 frequent yet more intense forms of mistreatment it with trauma, then there is even less at work.60 legitimacy of the cumulative effect for these issues (female interviewee). This is an essential point in understanding the limitations of measures of severity and trying to I want to reemphasise that trauma isn’t quantify workforce harm through incident data. just about the critical stuff. The issue is Therefore, prevention measures that only look to that things are dealt with as they come individual responses and incident management, in the door, there is no digging deeper rather than holistic responses that look to (female interviewee). organisational climate and impact measures, will be limited in their effectiveness. This does In responding to sexual harassment and other not diminish the significance of serious and forms of violence against women, or in trying to potentially criminal incidents, such as sexual measure its harm and impact, it is crucial that it assault, and the need to intervene and respond is not dismissed or downplayed regardless of effectively. how “minor” or benign those behaviours appear to be.61 Consistent with evidence-based research, the Review found that everyday experiences The Review heard about a range of strategies, of sexism, or ‘low severity/high frequency’ both positive and negative, that Victoria Police experiences of inappropriate workplace employees use to manage stress and harm. behaviours, have a similar impact as ‘high Whether employees recognise the longer term severity, low frequency’ experiences on victim/ impacts and the cumulative and complex targets. The cumulative impact of these interactions between job stress, workplace experiences is perhaps less well-understood stress and gender based discrimination and than ‘higher severity’ experiences of criminal harassment, is an area requiring further work. offences, such as sexual assault. This gap Coping mechanisms aren’t a one size in the understanding of harm is a significant fits all though. I know of members that challenge for Victoria Police in progressing cope by not talking about it whatsoever. gender equity initiatives; a challenge articulated I couldn’t do that. If I didn’t talk about by the following two senior employees: it, it would be very dangerous for me, If they are not the ones experiencing as a person. But I’ve known members it, if they can’t pinpoint an incident who every time something comes that caused the trauma, there is this up they walk out of the room (male cynicism, like you’re not entitled to interviewee). be impacted. There are all sorts of A practicing psychiatrist told the Review: judgements about the type of incident, level, and seriousness – like in mental There is often a long history of health. If it is not big impact stuff, then occupational stress that precedes you should be fine, you shouldn’t be these diagnoses – with sub-clinical affected. You may have been to 10 anxiety or depression. I routinely car crashes in five months but there is ask, ‘When did you last feel 100% no legitimacy to be impacted by those psychologically well?’ Often it’s years experiences… and over this time, they’ve been I don’t think they understand the struggling with stress and sub-clinical cumulative effect of poor workplace anxiety in reportedly adverse working behaviour (conflict, bullying, environments (external expert). harassment) at all – this is spoken Consistent with previous research, the Review about even less than trauma I think. demonstrated that targets experience a range And if they have trouble understanding of significant negative psychological, health and job-related outcomes including anxiety, anger, 60 Victor Sojo, Robert E Wood and Anna E Genat, ‘Harmful workplace experiences and women’s occupational well-being: A meta- 61 Bianca Fileborn, Conceptual understandings and prevalence of analysis’ (2015) Psychology of Women Quarterly,
106 Independent Review Figure 21: On a scale of 1 to 5, overall how intimidated did the harassment make you feel?
Men
Women
28.4% 27.5% 25.9% 25.1% 23.4% 23.9%
20.9%
17.6%
15.3% 14.4% 13.8%
10.5%
6.4%
1 2 3 4 5 Not intimidated Extremely at all intimidated powerlessness, humiliation, depression and While there is a marked difference in the post-traumatic stress disorder.62 intimidation felt by women and men in the Victoria Police sample, the overall proportions Intimidation and offence of survey participants reporting feeling very Survey participants who experienced sexual intimidated is substantially larger than those harassment that started in the last five years found in the community (women: 25 per cent, were asked to rate the impact of the harassment men: 13 per cent) and the ADF (women: 22 per in terms of feelings of offence and intimidation. cent, men: 9 per cent). As can be seen in Figure 21, a high proportion As can be seen in Figure 22, high proportions of women (44 per cent) and less than half of women (52 per cent) and men (42 per cent) that proportion of men (20 per cent) indicated indicated feeling very offended (scores of 4 and feeling very intimidated (scores of 4 and 5) by 5) by the harassment they experienced. the harassment. These levels of offence are substantially higher
62 M Bergman et al ‘The (un)reasonableness of reporting: antecedents compared to those found in the community and consequences of reporting sexual harassment’ (2002) 87 (women: 31 per cent, men: 19 per cent) and the Journal of Applied Psychology, 230-242; C Willness, P Steel and K Lee, ‘A meta-analysis of the antecedents and consequences of ADF (women: 30 per cent, men: 14 per cent). workplace sexual harassment’ (2007) 60 Personnel Psychology, 127–162. Chapter 4: Impact and Harm 107 Figure 22: On a scale of 1 to 5, overall how offended did the harassment make you feel?
Men
Women 33.5%
30.1%
27.5% 26.6%
19.3% 18.4%
15.5% 15.6%
11.0%
2.5% 1 2 3 4 5 Not offended Extremely at all offended
Psychological impacts occasionally stroke my arm. This was happening to a lot of people Participants frequently reported feeling in my office and they too felt very “uncomfortable and stressed in the workplace,” uncomfortable to be around this person particularly in the presence of the harasser and (female survey participant). bystanders who had previously taken no action. For many participants, the workplace became I just didn’t know what to do – I didn’t a place associated with anxiety, discomfort and do anything. I felt so uncomfortable unease. (female interviewee).
He made me feel very uncomfortable Embarrassed and felt as though I was around him along with all the other females unable to talk about the matter and the in the room … (female survey participant). harasser had turned people against me (male survey participant). I felt uncomfortable having another person come up really close to me I felt more intimidated and and speak in a hushed tone and uncomfortable rather than offended, as
108 Independent Review I was not sure how to respond to the on maternity leave and had the worst situation, given a substantial age gap 12 months of life (female survey (female survey participant). participant). Many responses about the significant The Review also heard from people who had psychological impacts of sex discrimination been diagnosed with Post Traumatic Stress and sexual harassment in Victoria Police were Disorder (PTSD), eating disorders and trauma- recorded during the Review. The following is a related emotional or psychological breakdowns, snapshot of what was reported. including people who had been stalked, sexually assaulted and who had experienced Participants described feeling distracted and ongoing victimisation: stressed and they experienced depression and anxiety after they were sexually harassed. I had another breakdown … I am resilient but it was awful. There is only so far I have been on medication for depression resilience can take you (female interviewee). – too much. I’m stopping that now. I have been in a sense of panic and lost my self I had had an emotional and physical worth – I couldn’t stop [the harassment breakdown, just like people do with PTSD and the ongoing and escalating bullying] … I could not escape the reminders and and had no control (female interviewee). vivid and distressing flashbacks (female interviewee). I was promoted to [another station]. But when I got there, I don’t think I was I’d developed bulimia as a coping meeting standards, maybe because of mechanism. It’s a pattern of anxiety relief the [rape and assaults]. But no one sat I didn’t get out of until my 40s (female down with me to find out or help out. I interviewee). found that I was struggling, for example, reading a paragraph over and over again I broke down at work. I rang [my and I still couldn’t make sense of it. I knew husband], he had to pick me up. I was off my head wasn’t right, but not at the time. for months … I have been diagnosed with Concentrating was a real problem (female PTSD (female interviewee). interviewee). In a 2012 study, targets of sexual harassment experienced symptoms of PTSD, with 80 per cent of participants reporting they had He regularly made me feel like I was experienced at least one PTSD symptom as a bad person for not wanting him. a result of sexual harassment. The severity Soon after this I had leave scheduled of these symptoms, particularly depression, … Once again I felt trapped and was positively correlated with the frequency distressed, but tried my best to hide it of exposure to sexual harassment. That is, the (FEMALE INTERVIEWEE). more frequently participants had encountered sexual harassment, the more negatively they were affected by it. Further, the impact of Anxious, defeated, depressed & hateful the sexual harassment and coercion varied towards the organisation (male survey depending upon the type of behaviour participant). encountered.63 [I went back to work too soon after the harassment] and I felt an anxiety attack come on when we were out and about. We went to see an Ice addict, but I wasn’t ready for that work, my anxiety is really high (female interviewee). 63 Bianca Fileborn, Conceptual understandings and prevalence of sexual harassment and street harassment (July 2013) Australian I developed an anxiety disorder whilst Institute of Family Studies
Chapter 4: Impact and Harm 109 I am not in a position to know if One participant who previously worked in a Victoria Police understands the depth male-dominated area and experienced daily of psychological stress, distress discrimination and sexual harassment told the and potential damage that it’s usual Review: workplace practices as well as its culture has the potential to cause. When combined with bullying, One of the main impacts on me was harassment and intimidation, this the realisation that that’s what blokes can be overtly destructive for the do. But actually now I know it’s not. It psychological health of previously is what VicPol blokes do. I look at my healthy competent officers both male boyfriend, and think maybe he does and female (external expert). that? These thoughts do go through Of extreme concern was the number of your mind. participants who reported thoughts of suicide I think it has done untold damage to in the context of ongoing harassment and me. I question my relationships and victimisation. The Review received several the people around me. I can’t help but phone calls from current and former Victoria think about this with my boyfriend Police employees who also had suicidal (FEMALE INTERVIEWEE). thoughts but chose not to participate in the Review.64
After I ended the relationship with him (the The Review heard that victim/targets, predator, though I didn’t know that at the particularly those who experienced poor time) he told me that people were gunning reporting outcomes, were distrustful of for me – that they wanted me gone. He told colleagues and the organisation. me to watch my back … I complained to [I] felt like I could not trust these members the other sergeant but he dismissed me and no longer felt comfortable working straight away. He didn’t take it seriously. For with them (female survey participant). the rest of day no one would talk to me. … At this point in my life I was a wreck. I was People offered to help, including a male experiencing on-going distress in relation inspector, and I had to tell him that I to the lack of investigation to the claims I’d couldn’t, because he was male and in the made. I had a crystal clear thought about rank structure, and I couldn’t trust that suicide (female interviewee). (female interviewee).
For many people, the experience of being I felt so betrayed and intimidated. victimised following reporting, was the most I felt so disappointed and disillusioned harmful and stressful period. This is discussed (female interviewee). in detail in Chapter 12. I wanted to live in a bubble. I didn’t want Impacts on safety any more politics (female interviewee). The Review heard a range of experiences A changed attitude towards people in the and perspectives on the impact of sex workplace, particularly men, was frequently discrimination and sexual harassment on reported by participants. Participants also targets’ relationships. A number of participants told the Review they experienced body image reported withdrawing from partners, family, issues and self-consciousness, with one female friends and work as a consequence of their survey participant remarking she felt ‘very experiences. See pages 115–116 for a detailed conspicuously female.’ discussion of the impacts on partners, family and friends. I am so overly aware and sensitive about how blokes look at me. Now I don’t wear shorts even in my private 64 The Review provided appropriate support and referrals to these people. life. It felt dirty. So obvious. I wear
110 Independent Review everything baggy – I don’t want to be As the time drew closer where I had to looked at that way (female interviewee). return to the office and work with [the harasser], I felt that I would be putting I have changed the way I interact with myself back into a vulnerable situation male colleagues. Even though I know and I didn’t feel safe (female interviewee). I didn’t do anything wrong, I can’t help worrying that I somehow encouraged the harassment so I am now very wary My stress and anxiety comes from of friendships with men at work. I feel within the four walls of work – not uncomfortable anytime I hear someone from the street like you would think say this person’s name because it (FEMALE INTERVIEWEE). makes me think about him (female survey participant).
[It] made me feel intimidated, Physical impacts uncomfortable, embarrassed, like this The range of physical impacts on victim/ was all this male could think about targets, both from the behaviours themselves (female survey participant). and as a result of the physical and/or emotional consequences of the behaviours, was extremely [I felt] like I was only valued for the way concerning. Two former police members I looked (female survey participant). shared their experiences after they experienced Some participants became hyper vigilant assault: one was left with a serious physical about their personal safety. In some cases, this injury and the other reported being drugged. heightened fear and concern for safety affected both their professional and personal lives, and I went straight back to [the work site]. … the lives of their families. The pain was excruciating, but I wasn’t going to stop because of him … I had I kept having dreams about people no idea my injuries were that serious. An breaking in and hurting me and my ambulance was called and I was taken baby. I had the house booby-trapped back to hospital, to check for further when my husband was away or when damage. Luckily I was okay … I’m home alone (female interviewee). (female interviewee).
I feel apprehensive about being [in my After the rape, I was in a stupor for the current workplace]. I was having more next 24 hours … When I woke up it was … nightmares, particularly since coming the afternoon. That has never happened here. When I’m [in my area], I do feel to me, I knew I had been drugged with safe but if I meet him in the stairs what Rohypnol or something. I tried to carry on would happen then? … I do carry the acting as normal (female interviewee). stress around. The main reason is that I In a large number of cases, employees am scared I will freeze again reported feeling physically ill, vomiting, losing (female interviewee). weight and experiencing other stress-related conditions.
I did not feel safe at home. I did not I felt physically ill. When I came into feel safe in my work place. I was the office … the comments from other concerned this person was going to members were relentless. … I walked kill me [they have] access to illegal out of the room, everyone was staring. firearms. (FEMALE SURVEY PARTICIPANT) [Then] an unsworn member … leaned forward and said … “When will they start the music so you can get your gear off?” I hid in the toilets when the sergeant I know that his only motive … was pure was around … I don’t feel safe in my humiliation. I was the only female workplace (female interviewee). (female interviewee).
Chapter 4: Impact and Harm 111 By this time, I was stopping on the way strong and assertive person (female to work to throw up I was so stressed survey participant). and anxious about his [harassment and bullying] (female interviewee). I was pregnant at the time and the inappropriate comments … were It makes me feel anxious [knowing he will unnecessary and caused me stress at harass and intimidate me]; I have a knot an already stressful time. in my chest (female interviewee). (female survey participant).
… I developed eczema on my scalp I was pregnant at the time and a which my GP suggested might be stress new change to me emotionally and related … (female interviewee). physically. Being subjected [to discrimination and harassment] made One participant who had been harassed, me feel very protective of my unborn stalked and sexually assaulted reported: child (female survey participant). I was completely stressed, I was very In several extreme cases, some women thin … I went out the back and I just reported that workplace stress caused by collapsed (female interviewee). harassment and victimisation contributed to Some participants who had experienced them suffering miscarriages. ongoing discrimination and harassment told … I told work I was pregnant. They the Review they now experience an intense rostered me permanently in the physical reaction to objects or artefacts related watch house. On the Friday, I had a to policing. This affected their personal lives in miscarriage. This all happened in a deeply troubling ways. space of a week … On the Monday, I will never forget what has happened. I went back to work. … I told the For me, the harm is significant. My whole Sergeant that I was no longer pregnant. career is policing, I have so much more I wasn’t expecting sympathy. He I want to give … Now, I can’t look at the paused for a second and then said, uniform. Previously, it represented the “Hmm, it probably would have been best day of my life. But now when I look a fucking spastic anyway (female at it, I feel nauseated … I shake when I interviewee). see a police car (female interviewee). Not long after [I reported the sexual The worst side effect of my breakdown harassment] my partner and I had following years of ongoing sexual a weekend away and when we got harassment and exclusion was not being back I had a bleed … I was nervous able to wear my Police uniform without and stressed, and worried and I breaking out in a cold sweat (female wasn’t sleeping. I had to make a really interviewee). concerted effort to de-stress but I’ve never forgotten it … I cried so much, The Review heard from a number of women I don’t think I can cry any more. I am who were pregnant when they experienced surprised I haven’t had a stroke from the sexual harassment. This had a range of physical stress. We lost our [baby to miscarriage and psychological impacts on their experiences soon after] (female interviewee). of pregnancy and later, as a mother.
I was heavily pregnant towards the end Emotional impacts of the time frame that I was subjected to the harassment and it made me I cried in the car every day before I feel disgusting and physically ill. I was went in because I felt broken also made to feel powerless and totally vulnerable when in fact I am a usually (FEMALE INTERVIEWEE).
112 Independent Review There is no one way to process an experience There was all this self-blame, and I felt of sexual harassment and sex discrimination. angry at myself for feeling that way The following examples highlight that the (female interviewee). emotional experience of gender discrimination and harassment are complex, diverse and a Disrespected and like I was an object, constantly evolving experience. not a colleague (female survey participant). For example, feelings of anger were frequently reported: As discussed in Chapter 2, the Review heard that there is a perception in Victoria Police Very angry and frustrated and unheard that being a victim/target of sex discrimination - I should not have to repeatedly (i.e. and sexual harassment is inconsistent with more than 20 times) rebuff requests for the expectations of individual resilience and a date from the same person over an strength. extended period of time (female survey participant). Stupid I suppose. I thought I could trust the members that I worked with Over time, I hated myself, then I hated my (female survey participant). colleagues and my workplace and the job (female interviewee). I was ashamed that I was the victim, I was afraid of everything, I had so much I felt powerless at first, embarrassed, self-doubt. I felt I had no one to turn to unable to control the situation, then angry (female interviewee). (survey participant, gender unknown). Ashamed and low self-confidence as a As commonly experienced by sexual assault police officer and as a person victim/survivors,65 the Review also heard from (female survey participant). participants about their feelings of shame, guilt and self-blame, which also impacted on their For many women, this had an ongoing effect on feelings of self-worth. their careers and capacity to work at their best.
[I] feel like my integrity has been … When I was working there, one of damaged, felt like I was weak and the guys came back to the office after pathetic to allow the behaviours to a big night out. He put it on me to have continue (female survey participant). sex with him. I saw him recently. He was rude and dismissive. When I see them, I left that meeting deflated and scared. I think, “You have ruined … years of my I honestly believed that this would career” (female interviewee). make my workplace unbearably uncomfortable, and that the chances The gender bias these men held for were high I would become a target … women generally, accommodated I also left that meeting feeling like I was women working in positions of authority the one causing all the problems that this beneath their own but not equal to was all my fault (written submission). them or above it. That bias acted as an effective barrier against all attempts I kept asking myself “Am I tough enough, I made to forge working relationships smart enough, good enough to do the or personal relationships with them. job?” (female interviewee). The constant resistance and ongoing accusations of female privilege After [the rape] happened I went to was damaging to my emotional and a girlfriend’s house and cried. I just psychological health … thought, what is wrong with me, what (female interviewee). did I do that it seem like I was the kind of girl who you can say and do this to? Sexual harassment and sex discrimination, in and of itself, can be an isolating experience. 65 See South Eastern Centre Against Sexual Assault and Family Violence, Feelings after sexual assault (2011)
Chapter 4: Impact and Harm 113 participants chose not to disclose the For me personally … there is a feeling harassment, may be linked to the large number that you’re being dismissed when you of women who did not feel welcome in their speak, there is dismissiveness about workplace. Whether they were directly or what you’re saying because you’re a indirectly excluded, or they chose to self-isolate woman (female interviewee). to manage their own safety, the impact on these participants was extreme. Everything just got worse and worse, I felt trapped. It was a very lonely and … always feel tense in the office, isolating experience. It is kind of like cannot relax, constantly want to call the family violence stuff, when the in sick to avoid the harassment victim stays around even though they (female survey participant). are being abused (female interviewee).
I was [junior and probationary] I felt Isolation and exclusion can be exacerbated trapped (female survey participant). by geographical isolation.66
It is deliberate actions by the Many women, including those in senior perpetrator to make you questions roles, spoke of personal experiences of sex yourself and to isolate you discrimination, including gender-based bullying, (female interviewee). in regional and rural areas across Victoria.
One survey participant described how the Economic impacts harasser further isolated her. Participants reported experiencing a range of … sexual harassment turned to other economic detriments as a direct and indirect forms of bullying when his advances consequence of sex discrimination and sexual were rejected (female survey participant). harassment, including sexual assault. Most frequently, the Review heard that employees For women in the organisation, particularly were concerned for their career, in the sense sworn women, the risk of trauma is heightened of either losing opportunities for promotion or where they are isolated and excluded from losing their jobs altogether. collegial support networks by overt or unconscious gender-based hostility. I don’t know how my friend that experienced sexual assault coped. I can’t imagine what their lives are like, She was very stuck and mentally they are quite traumatised, but it was scarred by it. She had a young family overwhelming … I think people had and had to try and find a new job survived a lot of trauma by minimising (female interviewee). what had happened. It was a boys’ club to support each other in a Promotional prospects can be limited by the masculine environment where people stigma of experiencing sex discrimination and don’t tend to seek help. … For example, sexual harassment, and further, the stigma of one guy who used to work [in my area], reporting them. every once in a while he would lose it and start ranting at me. I had to help She was seen as over reacting. reassure him. I felt so sorry for him. He This is career limiting and women didn’t want to talk to anyone about it. are hypersensitive in the way they’re … I think the sworn members carry a perceived and what that means for their lot of stress … sexist attitudes that are promotion (female interviewee). part of the cultural norm are minimised There is nowhere for me to go. I can’t … (female interviewee). go for promotion, probably because of The Review’s research suggests that for women what’s happened to me … I am in fear in the organisation, the risk of harm is escalated of these people. My integrity is being beyond the ordinary rigours of policing 66 For example, ‘For police members in regional areas, there is added because of a climate of gender-based hostility. isolation … ’ (external expert).
114 Independent Review challenged. I asked to be seconded and but it is pleasing that people recognise was the only member to do so in the PSA there is help out there (senior manager). [police service area], I was ready to go. In looking at the extent of harm of sexual The senior sergeant said they weren’t harassment and sex discrimination, there was going to take anyone. A few weeks later clear evidence of significant impact and harm they sent one of the blokes there (female to employees’ families and partners. interviewee). The Review was also told about employees who … [I spoke to a group once about an had to take leave for purposes other than which incident] … it impacted on the people it was intended, or adjust the timing of leave, in in the room. They realised the issue order to cope with sexual harassment. wasn’t being made up or embellished. It impacted on me too, seeing people I’m now using up my long service leave. struggling, and the impact on families is I am petrified to put in a work cover claim. huge (senior manager). This has cost me a lot personally In some cases, families were directly targeted. (female interviewee). This included threats as well as direct He had targeted this woman explicitly. harassment and abuse. A number of people had laughed at this … My [family member was] behaviour. She had never told anyone subjected to months of unwanted before. She reported it to her managers predatory behaviour and eventually who said ‘don’t worry, that’s just what raped by a male member … he’s like’. She went on sick leave and (male survey participant). got a reputation of being a malingerer. To maintain her career, she didn’t put in … my wife who is not a police woman a WorkCover claim. She applied for six was groped by a [police employee] … months leave without pay for a fictitious (male survey participant). reason. She wanted to escape … but knowing she would get no support from He was moved. Lots of things started local managers, had to take leave without happening. I found pictures of my kids pay (male interviewee). in the bin (female interviewee). Loss of promotional prospects, loss of Then the phone calls started to my professional development opportunities, and the parents’ house. I’d only recently moved impacts of job retention and leaving workplaces back in. They were anonymous … They and communities, also had knock on economic didn’t do it to just me, they would say ramifications for families. it to mum and dad too. Mum ended up having a nervous breakdown … The experiences of families Later … Dad broke down and told me about [his own experience] … He told and partners me about all the things that happened to him in [an institution] (female In hearing the experiences of targets and interviewee). bystanders, it became clear that the experience of these behaviours have a broader impact than … My family and the family of a just on individuals and workplaces. In framing female colleague were also targeted and addressing the problem, it is crucial that (male survey participant). Victoria Police considers its responsibility to its employees, as well as their families, partners My partner went in to collect my stuff and the broader community. the next day … she was subjected to sexual comments by [a colleague] Policing can be difficult work. I’ve seen who said “you know [your partner] has partners nervous about sending their lots of people on the go – but I’m not loved one to work, frightened families, going into her pants, you don’t know kids in tears. … There is a long way to go what you’ll catch”. She said that at Chapter 4: Impact and Harm 115 the counter in front of others (female occurred, because of feeling humiliated, a fear interviewee). of escalation, the need to manage their own risk, as well as concern about the impact on The Review also heard about the impact on their relationship with their family or partner. partners and children when their loved one was experiencing sexual harassment and My mother got an inkling, but my father discrimination at work. didn’t get his head around it. If he had, he’d probably have gone and killed them He was trying to corner me like a crook. … (female interviewee). He was really angry. My kids could hear this conversation. The impact on them Overall, I felt powerless, little, vulnerable, is huge (female interviewee). embarrassed and scared against my manager … I was worried but thought I [Had an] extremely serious impact on would try and control it, manage it, take my health and family care of the issue … myself without (female survey participant). telling my husband … Sometimes I feel like maybe I should (female survey participant). just harden up. Now people say to me Several employees described having to make that I’m too hard. My partner says I’m changes to shifts and roster arrangements too hard on him (female interviewee). to avoid the harasser, some of which had The Review also heard evidence of significant significant negative impacts on their ability to stress related to supporting the family member, manage their paid work obligations alongside the breakdown of families and damage to family their commitments to partners and children. relationships. I changed my shifts to avoid being put Once you get into this process – it’s so on the van or in the watch house with damaging. Every day, you get another him. This meant more time away from letter, and you have to go to another my family and more frequent switches medical, and so on. It breaks you. I between morning and afternoon shifts have lost my community, my home, my (female survey participant). family, my partner, my life purpose and In analysing the Review’s data on impact drive. This has taken all of that from and harm, it became clear that in workplaces me. I doubt everything about myself where there was a heightened tolerance for and struggle to move forward inappropriate behaviour and gender-based (female interviewee). hostility, there were significant impacts on both [I have experienced] emotional and men and women. physical stress in home and family life. This was exacerbated when there was a lack Anxiety. Trust issues (female survey of proactive engagement by supervisors with participant). staff, a failure to redress ‘low level’ harassing or hostile behaviours and where supervisors The impact on my wife and kids has and managers displayed poor behaviours been greater than the impact on me. I themselves. am relatively resilient and am in a senior role. It is difficult for my wife that I don’t For a discussion on management and talk about work anymore, an unintended supervision, see Chapter 10. consequence of me trying to protect her from the ordeal this guy and Victoria Police’s lack of action created. Despite what Victoria Police says, the issue doesn’t go away … (male interviewee). For many women, there was also a reluctance to share with partners and families what had
116 Independent Review Historical harm I physically couldn’t leave. He’d taken me to his bedroom and put me on his bed. … The Review heard of multiple, historical incidents I found him penetrating me … I pushed of sexual harassment and assault. For individuals him off and rolled off the bed, and who remained serving with or were former crawled to an empty room where I slept employees of Victoria Police, there were ongoing for 14 hours (female interviewee). psychological impacts. For many victim/targets, One long-term serving female member shared the harmful experience continued to negatively an historical experience. The experience affect their everyday lives. These experiences occurred the day after the woman had highlight the significant harm that continues to responded to a real-time critical incident that live in the workforce and the community. was extremely traumatic in its own right. On the Several participants shared their experiences ‘day-after’ shift, the woman was paired to work with the Review: with a more senior male member, who routinely referred to his female colleagues as ‘bitches’ and often openly refused to be paired on [The sexual harassment and assault] operational shifts with them. happened [many] years ago. A lot of it feels like it happened yesterday. Throughout the shift, my partner kept So much of my life moved on from bemoaning how he had not been working there. I had been trying really hard to the day before and what he would have make myself a valued member of the done if he had been. We went to a job and team. You had to back people up even we became separated. I located a deceased though they stuffed up. I am honest, person. Family and friends were standing trustworthy. But in the job, I wasn’t around yelling at me – ‘Do something, do able to live my life by my values, something’. I knelt on the floor and checked even if I tried. It was relentless. Even the person for vital signs … I knew the man rumours about me giving everyone was dead however, I also know loved ones ‘head jobs’ followed me around can be assisted by seeing and then knowing everywhere I went. Soul destroying that everything that could have been done to rubbish … Every day is a struggle save a life was done. I started First Aid. (female interviewee). It was a horrible experience for me personally and worse because I was alone. I continued One police woman I met … in the 1980s going through the motions of giving First Aid, … She had been out to a function and checking vitals/ administering CPR and so on. was drunk. She got a lift home with a colleague and when they got to the front After a short time, I leant back on my heels door, he pushed her into the house and and said ‘He’s gone’. That allowed the loved raped her. Then he boasted about it in ones to move from shock and anxiety to the mess room the next day. They always open grief. used to use the ‘she was drunk’ excuse. At that point, my partner found us and came Even if they knew she had been raped, running in. He dropped down on the other they would still say ‘she was drunk’. It side of the deceased and said to me, ‘You was like that then … I think by the time I stupid bitch’. He then went to commence met her she had had a total collapse and ended up in the police hospital CPR … When he realised the situation (female interviewee). himself, that the man was clearly dead, he said, ‘oh.’ In [the early 1990s], at [this station], I was raped by a colleague … started feeling … On the way back to the van to radio for very hazy, very quickly soon after arriving. the undertakers, I stopped in the yard and I thought, ‘what have you given me’? took my jacket and tie off because I needed
Chapter 4: Impact and Harm 117 air. After about a minute of deep breaths, Impacts of participating I put the jacket and tie back on, made the radio call and went back to finish processing in the Review the scene. The Review heard a range of reasons why Back in the van, I felt too exhausted to people chose to engage with the Review, speak. My partner was telling me all the including feeling safe and supported and things that were wrong with me and every confident their experiences and perspectives other woman who worked at the station. would be listened to. A number of people with He said that although I wasn’t a ‘slut’ like whom the Review spoke had never previously one particular woman, a ‘lazy mole’ like disclosed what happened to them. another woman or a ‘dirty bitch’ like another I knew I needed to do [this] woman, I just needed to come and seek his (female interviewee). opinion and that of other male crime fighters because I never did (female interviewee). … I had opportunities to tell people up the chain but I didn’t know what alliances people had. It was an unsafe environment I know of another female colleague, who to tell anyone anything … I don’t think when she would go to a police function, Victoria Police will ever understand, they would ply her with alcohol. They unless enough of us come forward knew that after a certain point they could (female interviewee). line up. To see them in action is sickening – it still makes me nauseous (female I wanted to speak to the Review because interviewee). I have had a gutful, in a nutshell! (female interviewee). When I joined I was still a virgin, I hadn’t had a boyfriend at that time. I was naïve This … is awesome – I would never tell probably. A guy … and his mate, decided people about what happened to me to take me under their wing. I didn’t realise otherwise (female interviewee). they were after me … My initiation into sex was an attempted rape under a tree after For many participants, the Review was a night of drinking … I went with him, but emotionally demanding: there was force used. It was being thrown [down] and him having a bit of a go … I became nervous and paranoid when Next thing I know he dropped me and told this Review came out. I didn’t want all the males. Then there was a queue. the boys to see or know I was looking Literally (female interviewee). at it on the computer. And certainly For some people, the impacts emerged years later. did not want them to see me typing … (female interviewee) I didn’t realise how offended and intimidated I was until I moved stations. … thinking about it, recalling the That’s when the full extent of what I’d events has frankly been a physically been putting up with began to affect and psychologically painful process. I me suspect it would have been regardless (female survey participant). of what is occurring for me at my current work location These responses make clear that the traumatic (FEMALE INTERVIEWEE). effects of sexual harassment and a gender hostile workplace are severe and can last long after the conduct has ceased and/or the employee leaves the organisation.
118 Independent Review One former employee who had experienced absenteeism, the cost of investigations and multiple sexual assaults by a number of those arising from legal actions.67 colleagues told the Review: For Victoria Police, perhaps even more so … I am really fearful about coming than other organisations, the impact of sex forward and speaking about it. I know discrimination and sexual harassment is what can happen … It’s one of the associated with significant risk of damaging the reasons I have nightmares. You know organisation’s external reputation and resulting what’s going to happen if you cross in a loss of community confidence. Indeed, them (female interviewee). the reputation of Victoria Police is affected by how it treats its employees, as members of the Participants told the Review that the reason they broader community: participated is to create a better organisation for those in the job, and those who will one day be As I said, this Review won’t help me, but in the job: I would hope it helps other. … I have friends, and friends of friends, often Participating in this review can’t help asking me about careers with Victoria me, but it can help others. I have nieces Police. I now tell them I’m not the best and nephews and there are kids at person to ask. I cannot bring myself to the local primary school who want to speak positively of an organisation that be cops. I struggle saying it’s a good has treated me so badly job. I adore being a police officer but I (female interviewee). despise the organisation. Unfortunately, you can’t have one without the other Capability (female interviewee). Throughout this Chapter, the Review has I can see value in participating in this. considered the range of impacts on individuals It’s not official in the sense that no who are experiencing, or have experienced, one will be punished, or named, but sex discrimination and sexual harassment. This it can help others … I feel that this is impacts the way they engage with and value something that I can do to help women Victoria Police as an organisation: today and those who choose to join, in the future. The guys that I was with at … My husband supports me if I want to the Academy are now the ones making leave, but I loved my job – I really did. I the rules so hopefully this review feel sad that I have lost my passion and will help them make some important excitement about the job changes (female interviewee). (female interviewee). She left disillusioned because of that Organisational impact, harm kind of behaviour. The organisation and the community lost a great worker and reputation (male interviewee).
From a gender perspective, the Anxious, defeated, depressed and compelling business case is that there hateful towards the organisation are heaps of studies that show that as an (male survey participant). organisation we’re not able to harness all that talent. There’s also the importance of having more women in decision- making roles for things like ethical 67 Australian Human Rights Commission, Working without Fear: decision-making (female interviewee). Results of the Sexual Harassment National Telephone Survey 2012 (2012); A US study reported that 24 per cent of targets had taken Sexual harassment is costly to the organisation leave to avoid the harasser. Louise Fitzgerald, Suzanne Swan and Vicki J Magley, ‘But was it really sexual harassment? Legal, in terms of employee retention, reduced morale, behavioural and psychological definitions of the workplace victimization of women’ in W O’Donohue (ed), Sexual harassment: Theory, research and treatment (Allyn and Bacon, 1997) 5–28.
Chapter 4: Impact and Harm 119 After this, I will not give above and I didn’t [want to be sexually harassed beyond to the job anymore. I feel let and assaulted], I didn’t ask for this. down. I’m paid to come to work and I was reluctant to make a complaint do my job, not to put up with this because I didn’t want to admit that behaviour (FEMALE INTERVIEWEE). I was a victim. I didn’t believe this could happen to me. I don’t want to be that person. I want my reputation … One day, there [were two to be clean; I just want to go to work colleagues] sitting in there. I heard and work hard because I love my job. them say “Why don’t you give her a I have built such a strong reputation go?” The other one replied “No, I know – but he has now tainted that (FEMALE where she has been.” … I hated going INTERVIEWEE). to work. I dreaded walking through the front door (female interviewee).
MAKES ME NOT WANT TO SHOW UP Put down and seen as weak being a TO WORK (female survey participant). female. Told that females waste too much time talking instead of doing real I was completely humiliated and work (female survey participant). intimidated [by being constantly Working effectively and deriving professional sexually harassed]. This often occurred fulfilment from work whilst experiencing in the muster room in front of other sexual harassment became difficult for police members. I lost a lot of self- many participants. Research tells us that esteem and would often feel too sexual harassment in the workplace can embarrassed to walk around the office. lead to, among other detriments, lowered job I started to dread coming to work satisfaction, performance and commitment (female survey participant). to the organisation.68 Recent research also If in future I was sexually harassed, I confirms that harassment is negatively would possibly just resign instead of associated with co-worker and supervisor 69 going through what I have … satisfaction. See Chapter 11 for more detail. (female survey participant). Learning capability reduced. Let down For many women, there was frustration that the by my superiors having rostered me organisational climate was preventing them from (straight out of the academy) with him, reaching their full potential, and the organisation despite knowing all other females at from reaching its full capability: station refused to work with him … (female survey participant). If I am respected, I will give you 110% (female interviewee). Resulted in considerable time off work, loss of confidence, not valued I was hoping I could be a game as a team member, lodging a work changer … a professional woman cover claim, seeking psychological who could influence change (female support and a return to work at a new interviewee). workplace (female survey participant).
68 Darius K-S Chan et al, ‘Examining the job-related, psychological, and physical outcomes of workplace sexual harassment: A meta-analytic review’ (2008) 32 Psychology of Women Quarterly 362, 373. 69 “… gender harassment [is] related to dissatisfaction with co-workers, while unwanted sexual attention [is] associated with supervisor dissatisfaction.” Victor Sojo, Robert E Wood and Anna E Genat, ‘Harmful workplace experiences and women’s occupational well-being: A meta-analysis’ (2015) Psychology of Women Quarterly, 23
120 Independent Review Other impacts included unnecessary The need to ensure a gender balance that resignations. reflects the community it services is crucial, particularly for building safety and trust in the … in the end, I felt like I had no organisation by women who need the help of other option but to seek a transfer Victoria Police to feel confident they will be elsewhere within Victoria Police believed and treated with respect. To maintain (male survey participant). and continue to build community confidence, Victoria Police will need to model safety and Community confidence and service delivery respect among all its employees. Victoria Police has been at the forefront of reforms that have significantly improved the There is no equity for women in this experiences of women who are harmed in the organisation … It is very much an US community. However, as an organisation, if the and THEM mentality … Resourcing is opportunity offered by this Review to extend utterly inadequate at VicPol to redress this that focus internally is not taken, it risks losing unfortunate issue and VicPol’s reputation a leadership opportunity and falling behind within the community is at stake! (female community expectations on gender equality. survey participant).
Society as a whole is changing, take … they need to re-engineer the gender the Military as an example and the make-up of the organisation. You need Chief of Defence and his stance on the more women in executive roles and more issue (male survey participant). people men and women with mandates around gender equality. They were improving their practice though things like In commissioning the Review, Victoria Police the Family Violence Code of Conduct, the has taken a courageous step in offering SOCITs, the MDCs and associated referrals transparency on the issues of the treatment and linkages with services and ways to of women in the organisation. This should improve police responses to victims. I think offer the community confidence in the this reduces discrimination in their service delivery and internally (female interviewee). credibility of leadership, and of the many excellent Victoria police employees who The Review heard from many participants about want to drive change and promote safety the desire to maintain a masculine and male and respect for their colleagues, and in the dominated police force: broader community. Many police women were promoted during the tenure of ex-Chief Commissioner, Christine NIXON … This stance led to Where poor attitudes exist within the the resignation and retirement of many organisation, they also exist in the interaction experienced senior male policemen. with community, because women in police How did the upper management of the are community members, and also because Victoria Police abide this … Victoria Police attitudes about how women are valued will have needs to re-establish its core function and implications for how police make decisions in stated purpose. Let’s take our profession their community-facing work. seriously and show the community that You can’t address family violence in intent (male survey participant). the community unless you address family violence in the force. Violence against women in the force is a form of family violence because Victoria Police is “home” for so many people. It’s our blue family. But it’s not called out (female interviewee).
Chapter 4: Impact and Harm 121 In assuming leadership, Victoria Police should working in the station. But it works really anticipate backlash from employees who do not well at my current station … Members see value in a more diverse workforce or cannot at the station will say that they won’t adjust to a workplace that demands workplace be able to behave the way they always equality and respect for women. Victoria Police have because there will be outsiders will require a careful and comprehensive there … It is a closed brotherhood employee engagement process to ensure that culture – what is said there, stays there women are not further victimised or disparaged (male interviewee). and discriminated against in the wake of this There is clear evidence that gender diversity Review. protects women against sexism and sexual harassment in the workplace and that as the Integrity, innovation and good governance number of women working in an area increases, There is clear evidence that gender diversity the dominant culture shifts and male cultural in decision-making roles leads to greater traits that are associated with sexism and sexual transparency and improved ethical orientation.70 harassment are diluted.73 In addition, diverse teams have been shown Victoria Police is a workplace with a great to lead to smarter, more effective71 and more diversity of sites and roles. The Review heard innovative organisations.72 many examples where Victoria Police had This is particularly important for an organisation provided an extremely positive experience for like Victoria Police that has a unique role and its employees: set of risks, an increasingly fluid external environment and often deeply entrenched ways of functioning: Most of my experience with police has been very positive. I am treated with Policing is a unique profession – our great respect and some of the best workforce deals with the best and worst people I have worked with have been of society. This can sometimes lead to police (FEMALE SURVEY PARTICIPANT). members becoming isolated from the broader community (executive interviewee). Throughout this Report, the Review calls for the need for diversity, for the creation of The recommendations in this Review aim innovative specialist partnerships and greater to provide the platform to make these utilisation of the expertise of women in the experiences universal. organisation. Some participants noted that, in their experience, poorly managed and unsafe workplace culture creates a lack of The opportunity offered by this Review is crucial transparency and isolation: to re-setting cultural expectations about the role of women in the organisation to ensure Victoria … it affects the community. The station Police is able to harness the best talent, build actively resists having [external support its capability and improve its service delivery in workers] co-located in the station. line with community expectations. There is hostility towards civilians
70 Rachel Soares, Christopher Marquis and Matthew Lee, ‘Gender and corporate social responsibility: it’s a matter of sustainability’ (Catalyst, 2011)
122 Independent Review Acknowledging, addressing and harm experienced by targets/victims of sexual harassment, sex discrimination and predatory preventing harm behaviour. The reasons for this hesitancy suggested by participants include a lack of This chapter examined the impacts of sex understanding of the harm caused by sexual discrimination and sexual harassment on harassment and sex discrimination, lack of individuals, the organisation and the community. leadership will and a perception it would ‘open It has outlined its findings of significant up a can of worms.’ One senior male police social, economic, physical and psychological member told the Review: detriments experienced by Victoria Police employees subjected to sexual harassment and There has been acceptance that sex discrimination. bad behaviour has happened but people are too scared to do anything What is particularly striking is the harm – just like the Catholic Church. Senior experienced by former employees and the management’s tenure is limited, so they understated impact of cumulative harm. are scared to act. They do want change For some participants, the harm was further but they don’t want to get hurt, or hurt compounded by victimisation, ostracism and their friends (male interviewee). poor management, investigation and justice outcomes. Later chapters will address how this Despite this hesitancy, many participants voiced ‘secondary’ impact can be as harmful to the encouragement for redress mechanisms to victim as the initial experience – see Chapter address historical abuse and harm. 10, Chapter 12 and Chapter 13. When reading People who have stayed in are the ones the following recommendations, please also who have the power. I have never felt consider the information in these chapters, believed. The validation of a public especially the section in Chapter 12 addressing apology would be good, it would go the impact of reporting, on pages 306–307. some way … If I had the guts, I would Recognising the cumulative harm and long go to court with others. But I don’t want term impacts of gender hostility and sexual my family exposed harassment on the individual, workplace and (female interviewee). organisation, is vitally important to Victoria The Chief Commissioner indicated his full Police’s commitment to the safety and wellbeing support for restorative mechanisms. of its employees, both current and former. While the strategies and initiatives contained Restorative justice is particularly useful in the Action Plan will address the enablers of in addressing the harm. It is important sex discrimination and sexual harassment for (Chief Commissioner of Victoria current and future employees, for those who Police). have experienced these harmful workplace behaviours in the past, they may receive little or However, others expressed concerns that it may no benefit or improvement to their situation. limit their right to share their experiences with others.
Rationale for redressing harm … there is always shut up money at the The following section will consider how end, and I don’t want to have to shut up Victoria Police can best respond to the harms (male interviewee). experienced by employees as a result of sex Several participants told the Review about discrimination and sexual harassment through a positive experiences engaging with networks, redress scheme and public acknowledgement counsellors and Internal Witness Support of harm. It is important to note these redress mechanisms do not affect or preclude disciplinary or criminal justice processes. Many participants told the Review there is an organisational hesitancy to address the
Chapter 4: Impact and Harm 123 that provided support and validated their experiences of harm. Targets participating in the Review RECOMMENDATION 1 overwhelmingly sought acknowledgement of the REDRESS SCHEME harm rather than financial motivation. Based on contemporary best practice, Victoria [Is restorative justice something that Police (supported by the Victorian Government) could be done?] There would need should develop a redress scheme for Victoria to be support systems built into it. Police personnel that includes: People coming forward would need to know they wouldn’t be subject to • Restorative engagement initiative repercussions (executive interviewee). • Reparation scheme – financial and non- financial [Do you see value in a restorative process?] An offer of any type of • Public acknowledgement of harm. restorative process would be welcome and probably very beneficial in most cases but it should be up to the individual to accept or participate What is a redress scheme? in any proposed process. Some Redress schemes focus on addressing harm by employees we speak with talk about acknowledging and assuming responsibility for leaving Victoria Police because of the harm through a variety of mechanisms. the impact of these incidents – we always advise them not to make such Redress schemes are often founded on a big decision while stressed and restorative justice principles, which offer victims traumatised and that any decision to a remarkably different experience than that leave should be on their own terms, offered by an adversarial redress scheme, such not because they feel disillusioned, as courts or tribunals. These redress schemes unsupported or without other options provide the individual an opportunity to voice (female interviewee). the harm and for the perpetrator/enabler to understand and acknowledge the harm caused Such responses, achieved through to the individual. various redress mechanisms and public acknowledgement, is a decision that sets a Various government and non-government powerful standard and genuine commitment redress schemes have been established in within the organisation and in the community to Australia, including state government redress address the harm caused by sex discrimination schemes for children who were abused or and sexual harassment. neglected in state and institutional care, and non-government schemes addressing Church- related abuse.74 The redress scheme most relevant to this Review, is the Defence Abuse Response Taskforce.
74 For a detailed outline of several Australian and international redress schemes, see Royal Commission into Institutional Responses to Child Sexual Abuse, ‘Redress and civil litigation’ (Consultation Paper, Commonwealth of Australia, 2015) Appendices A and B.
124 Independent Review CASE STUDY: It is important to note that a redress scheme is not a substitute for the sustained Defence Abuse Response implementation of the strategies contained in Taskforce the Action Plan, designed to create a safe and The Defence Abuse Response Taskforce equitable workplace at Victoria Police. Rather, it (the Taskforce) was established in 2012 by is part of a complementary package of cultural the Australian Government in response to the change strategies to respond to the prevalence, DLA Piper Review into allegations of sexual nature, impact and drivers of sex discrimination and other forms of abuse in the Defence and sexual harassment in Victoria Police. force. To be successful, a redress scheme must The Taskforce assists Australian Defence contain complementary and robust strategies Force employees who have experienced and initiatives underpinned by victim-centric sexual and other forms of abuse, including guiding principles. sexual harassment and bullying, prior to 11 75 April 2011. Guiding principles Applicants are assessed to determine whether they fit within the scope of the • Victim safety – do no harm Taskforce. If successful, a case coordinator • Victim choice, control and informed consent is assigned to the complainant. • Comprehensive support services, including The Taskforce provides referrals to external referrals counselling, reparation payments, restorative • Accessible – participation widely engagement conferencing and referrals to communicated to current and former police or military authorities. employees with multiple access points Since its establishment in 2012, there have • Independent been seven Interim Reports and a Report on Progress, Operations and Future Structure • Timely which track the progress and outcomes of • Confidential the Taskforce. • Flexible Given the Taskforce has been operating • Transparent decision-making including a for a number of years and has rigorous built in review mechanism reporting processes, the Review has drawn • Does not require applicant to produce on various learnings and crucial success points to ensure any redress scheme extensive documentation or evidence – only developed for Victoria Police employees if absolutely necessary who have experienced harm through sexual • Fair – criteria for participation is based on harassment and sex discrimination, is robust, alternate threshold to criminal threshold (for accessible and reflects contemporary best example–on the balance of probabilities practice. or ‘plausible allegation’ as adopted by the Defence Abuse Response Taskforce)76 • Independent monitoring and review – based on victim satisfaction principles.
The intent of this recommendation is to provide a principle-based framework to guide the development of the redress scheme, rather than to be prescriptive. Specialist and technical expertise, including trauma informed care,
76 Plausibility means that the allegation has the appearance of reasonableness. Defence Abuse Response Taskforce, The difference between Standards of Proof used by the Defence Abuse Response Taskforce and Defence
Chapter 4: Impact and Harm 125 sexual assault practitioners, discrimination and The Restorative Engagement Program gender equity experts and emergency services has the potential to assist complainants support organisations, should be engaged. in their recovery from the abuse and Any redress scheme developed should involve its implications. It also serves to build a rigorous consultation, including with Victoria collective understanding within Defence of Police employees, both current and former, who the impact that abuse has on individuals could potentially participate in such a scheme. and organisations and it is hoped through this understanding the Restorative At this stage, the Review recommends this Engagement Program will positively redress scheme be limited to people who have impact Defence culture and eventually experienced harm related to sexual harassment employee retention ates in the coming and sex discrimination. This may be extended at years.78 a later stage to harm caused by discrimination on other grounds (for example, discrimination The Program is based on the principles of based on race or sexuality), bullying and other confidentiality, privacy, safety, respect and workplace harms. dignity, informed consent and ‘do no further The Review proposes that Victoria Police harm.’79 One participant reported: engage with the Victorian Government to deliver a public consultation on the redress scheme [The Defence Representative] gave me by 30 June 2016. Consideration will need to back the one thing I had lost – respect for be given to the Terms of Reference and time the ADF and pride in my own service. I limitations of the redress scheme. hadn’t expected to feel proud of my war service ever again. (2013/754)80 1. Restorative engagement initiative Based on the Defence Abuse Restorative A senior Defence person also explained: Engagement Program, Victoria Police should I can assure you that sitting there for two develop, in consultation with specialists with or three hours with these victims of abuse technical expertise, a restorative engagement is a life-changing event for most people. initiative. We think an exceptionally powerful way to get this message through to the future The Defence Abuse Restorative leadership of the ADF is by exposing them to this process now, exposing them to the Engagement Program issues and really deeply changing their The Defence Abuse Restorative Engagement views about this.81 Program (the Program) was developed by the Defence Abuse and Response Taskforce, to provide a safe and supported environment for victims of abuse within the Australian Defence Force to share, with senior Defence personnel, their experience and the associated impact and harm. The Program gives senior Defence personnel 78 Defence Abuse Response Taskforce, ‘Fifth Interim Report to the Attorney-General and Minister for Defence’ (Commonwealth of an opportunity to acknowledge, address Australia, March 2014) 19. and respond to the harm caused to the 79 Defence Abuse Response Taskforce, Restorative Engagement 77 Program Framework (27 March 2014), 3, 7
126 Independent Review At 30 June 2015, a total of 281 restorative 2. Reparation scheme conferences have been conducted.82 Financial Substantial resources and planning have been devoted to developing this innovative Part of acknowledging the harm experienced Program, and as such, the intellectual by the victim is providing financial and non- property relating to the Program belongs financial reparation, as far as it is reasonably exclusively to the Commonwealth.83 This possible. point must be taken into account when The Victorian Government has previously noted considering the development of any Victoria in its consultation paper on redress schemes Police restorative engagement initiative. for institutional child abuse that past redress schemes have provided unattached financial payments to victim/survivors for many different One participant shared his experience of victim reasons including, “personal validation, a engagement with senior leadership: symbolic acknowledgement of the abuse by the relevant institution, self-esteem, financial Personal experience or a story can security, and allowing opportunities for [victim/ change people’s thinking. I have seen survivors] and their families that might not it before – the personal story or the otherwise be available.”84 narrative is a most powerful thing. There was a victim that got up and As part of the Defence Abuse and Response gave an extraordinarily powerful story. A Taskforce, the Defence Abuse Reparation Superintendent got up and apologised Scheme provides reparation payments of up to for what the police didn’t do for her … $50,000 to complainants. The Taskforce explains: (former executive). “These payments are not compensation The Review supports the development of a for the abuse suffered. They are an restorative engagement initiative. Having regard acknowledgement that the abuse was to the guiding principles on page 125, the wrong and ought not to have occurred.”85 following critical design elements should guide Any financial reparation scheme should be the development of the restorative engagement overseen by an independent assessment body. initiative. • Victim/survivors involved in design Non-financial • Senior leadership engagement As stated previously, the intent of this • Adequate funding and resourcing recommendation is to provide a framework to • Engage specialists in the design and guide the development of a redress scheme, delivery of the initiative including financial and non-financial reparation. • Communicate how the initiative works and Non-financial reparation avenues include how to participate provision of health and wellbeing related • Process of applying is accessible, support, memorial projects, awards/ supported and victim friendly scholarships, establishing and supporting survivor/victim networks and access to • Outcomes match expectations and there is personnel and complaint files. clear process for understanding potential outcomes.
82 Defence Abuse Response Taskforce, ‘Report to the Minister for 84 Department of Justice and Regulation, ‘A Victorian redress scheme Defence and Minister for Justice Report on progress, operations for institutional child abuse’ (Public Consultation Paper, State of and future structure’ (Commonwealth of Australia, 2015) 18. Victoria, 2015) 24 83 Defence Abuse Response Taskforce, ‘Fifth Interim Report to the 85 Defence Abuse Response Taskforce, ‘Report to the Minister for Attorney-General and Minister for Defence’ (Commonwealth of Defence and Minister for Justice Report on progress, operations Australia, March 2014) 19. and future structure’ (Commonwealth of Australia, 2015) 11.
Chapter 4: Impact and Harm 127 For example, the Defence Abuse Response This example shows that such Taskforce provides the Defence Abuse acknowledgement of past harm and historic Counselling Program, which abuse, although occurring years after the incident, can increase community confidence … delivers up to 20 counselling and begin to restore trust between harmed sessions for a complainant through individuals and Victoria Police. its contracted service provider or the complainant’s existing psychologist (if An apology should acknowledge harm and that consultant meets the Taskforce’s detriment, restore dignity to the victim, and requirements). Decisions on the total provide an overview of how the organisation has number of sessions allocated to each and will address sex discrimination and sexual complainant are made progressively as harassment going forward. It is an opportunity their treatment proceeds.86 to set a standard for what is and is not tolerated A non-financial reparation scheme should be within Victoria Police, and sends a strong based on a victim-centric approach of choice message to perpetrators and harassers that and control, flexibility and appropriate support their attitudes and behaviours are not accepted. services. Broad and inclusive consultation The Review heard from several participants should inform the design and implementation of who were sexually harassed by currently the complete reparation scheme. serving senior ranking employees. Several former employees who had experienced sexual harassment expressed distress and Public acknowledgement disappointment at seeing the perpetrator of harm representing Victoria Police in public or in the media. One way to address this issue in the In light of the significant harm caused, Victoria apology is acknowledging there remain issues Police should publicly acknowledge, in the form at the leadership level but going forward there of an apology, current and former employees will be moves to ensure that core criterion for who have experienced harm or detriment due to all leadership positions within Victoria Police sex discrimination and sexual harassment within is a demonstrated commitment to respect and Victoria Police. diversity and that there will be zero tolerance for inappropriate behaviours. The apology should While the experience of the victim/survivor and be issued genuinely, sincerely and clearly target must be at the forefront of processes that communicate how the organisation will make acknowledge harm, it must also be recognised reparation with victims of sexual harassment that there are significant organisational and sex discrimination. For this to occur, Victoria costs and vicarious harms related to sex Police must work with the Victorian Government discrimination and sexual harassment. This can to ensure the redress scheme and public include reputational damage, loss of capability acknowledgement are mutually reinforcing. and talent, and loss of community confidence. However, the benefits of public acknowledgement for Victoria Police are significant. Recently, Victoria Police publically acknowledged a group of community members who were mistreated and experienced harm at the hands of Victoria Police. The response from ‘victims’ and the community was largely positive.
86 Defence Abuse Response Taskforce, ‘Report to the Minister for Defence and Minister for Justice Report on progress, operations and future structure’ (Commonwealth of Australia, 2015) 20.
128 Independent Review CASE STUDY: Tasty Nightclub Raid Apology In 1994, Victoria Police raided and strip searched patrons at Tasty Nightclub, in an apparent drug raid. For the several hundred patrons, it was a humiliating and disturbing experience which caused significant harm over the following two decades. In 2014, Victoria Police issued a public apology to the patrons and the wider LGBTI community. Below is a powerful excerpt from the apology: Simply put – the events that took place that night caused distress to people who were in attendance and had a significant impact on the relationship between Victoria Police and the wider LGBTI community. It is therefore appropriate – as we near the 20th anniversary of this incident, that Victoria Police extends a sincere apology to the community members who were affected by events on that night.87 Importantly, Victoria Police stated it wants the “organisation to set the standard for internally identifying and quashing discrimination.”88 The apology detailed initiatives and strategies Victoria Police implemented to improve relations with the LGBTI community, celebrate diversity in Victoria while also recognising there remains significant opportunities for improvement.
87 Victoria Police, Tasty Nightclub Apology (5 August 2014)
Chapter 4: Impact and Harm 129 Chapter 5 External Context and Regulation
Main findings • the funding model with resources Victoria Police • There is confusion about whether a • the regulation of employment matters government requirement on Victoria Police to comply with a set sworn workforce size • the role of unions constrains the organisation’s ability to hire • the role of the Police Registration and additional personnel to cover shortages Services Board created by parental and other long term leave. • the role of the Independent Broad-based • There appear to be limitations in various Anti-corruption Commission enterprise bargaining and legislative • the impact of superannuation arrangements. mechanisms that prevent the take up of flexible While these matters/organisations are beyond work practices. However, even considering the direct control of Victoria Police, they have these constraints, application of the existing the potential to impact on achieving gender arrangements seems to be more conservative equality within the organisation. than necessary. • There was confusion among participants of the role of the Police Association Victoria Governance in supporting internal victim/targets during disciplinary and criminal matters. The Victoria Police Act is the governing • Provisions of the Victoria Police Act and the legislation for the organisation. Until this Protected Disclosure Act prohibit disclosure legislation came into force in 2014, the of the subject matter of complaints which are governing legislation was the Police Regulation considered protected disclosures complaints Act 1958. under the Acts. This may prevent victims/ Among other things, the Victoria Police Act targets from accessing support services and regulates the constitution, role and functions making claims from WorkSafe Victoria, which of Victoria Police, and its relationship with the involve the subject matter of their complaint. Victorian Government. • The defined benefits fund for sworn personnel The Chief Commissioner reports directly to the may not align with contemporary career Minister for Police. The Victoria Police Act sets pathways and may have intrinsic financial out the conditions under which the Minister disadvantages for women may give directions to, or request information or reports from, the Chief Commissioner. Introduction Victoria Police is a statutory entity aligned under the Department of Justice and Regulation. Victoria Police operates in a complex regulatory, Under this arrangement, policy and funding political and industrial relations environment. In initiatives are administered with government doing this work, the Review considered external via the relevant organisational units of the influences on the way the organisation operates. Department of Justice and Regulation. This includes not only the structural barriers, but also enablers, to achieve social and organisational change. In particular, this chapter considers:
130 Independent Review Gender impact of funding As far as the Review is aware, this type of input measure is uncommon and potentially unique in arrangements Victoria, although the Metropolitan Fire Brigade and Country Fire Authority have workforce Many participants cited ‘the funding model’ as a numbers set through their enterprise bargaining significant constraint on the organisation’s ability agreements. There are also staffing ratios to enable flexible work practices; a key feature set for Education (teachers to students) and of facilitating greater gender equality in the Health (nurses to beds). However, the Review organisation. However this Review found that understands that no other Victorian agency a government target for the number of sworn requires such close compliance with an FTE members employed, rather than the funding target. model per se, appears to be the primary issue. This FTE target and reporting serves to provide comfort to government that Victoria Police Funding model is at full capacity; however it also creates a Victoria Police has an annual appropriation (potentially unintended) constraint. By adhering set out in the budget forward estimates (the to this target, Victoria Police is unable to create current financial year plus three years in additional sworn positions above the FTE when advance) which is currently around $2.5 billion. the need arises. This funding is tied to delivery of the output measures listed in the budget papers. This constraint is a particular problem when the organisation has a substantial number of sworn In the budget process in May, adjustments personnel on parental leave and other forms are made for: a) government policy initiatives of long term leave. Historically, government with financial implications and; b) costs of CPI required these personnel on long term leave to indexation on salaries of sworn and forensic be included in the FTE count. officers (a.k.a. ‘operational’) personnel. Indexation of public servant salaries is also Participants told the Review that ‘the funding allowed for, however, this is offset by the model’ is a major driver of the inability to backfill Victorian Government efficiency dividend parental leave positions. applied to all public service salaries. Thus, Evidence from the Review’s survey and public servant salaries need to be subsidised interviews indicate that a lack of backfill from operating budget or reductions in the creates pressure on workplaces with resultant number or grading of public servants. resentment towards pregnant employees.
Sworn workforce target I have seen women get harassed for correspondence whilst on maternity Although not part of the budget mechanism, the leave, or women get told they have Victorian Government sets an ‘informal’ input to work certain shifts otherwise their measure in the form of the number of sworn station will not like them … (female members – expressed as full-time equivalent survey respondent). (FTE), rather than head count. This measure is informal in the sense that it is not included as a I would like to think that we would treat key performance indicator in the budget papers, each other with respect at all levels, nor has it been set by the Minister for Police but it is human nature to respond to under section 15 of the Victoria Police Act.89. For pressure. Roster pressures due to the 2015/16 financial year, the agreed figure was insufficient numbers do mean that 13,135 FTE. Victoria Police is required to report women who take maternity leave … compliance with this FTE target to the Minister are pressured, directly or indirectly, for Police on a monthly basis. because colleagues often have to bear additional work load, and managers
89 Headcount is the number of people employed, whereas full-time who have to manage the additional equivalent (FTE) is the number of full-time positions. With part-time burden of the work, while still achieving employees on staff, the headcount is often higher than the FTE. Thus two people each working 2.5 days per week represent would ‘results’ (male survey respondent). be recorded as a headcount of two and an FTE of 1.
Chapter 5: External Context and Regulation 131 The Review has been advised that the method of • facilitate professional development through reporting the FTE count to government has been upgrading changed, effective from the 2015/2016 financial • help deconstruct a clear structural driver of year. Victoria Police now uses the Victorian public discrimination against women on the basis of sector agency financial reporting direction 29 potential pregnancy for workforce data disclosures, which specifies • prevent backlash against women who inclusion or exclusion of employees in the count, become pregnant. based on whether they are ‘active’ or ‘inactive’ according to definitions provided. This means To realise all these potential benefits, any that employees, who are on unpaid leave and initiative will need to be used to backfill parental not receiving salary for that financial year, will leave positions as a priority. no longer be included in the FTE count. Victoria The Review considers that a ‘reliever pool’ would Police would therefore have the ability to recruit be one option to address this issue. The ability additional personnel within the FTE limit. to provide backfill is one factor affecting whether Even with this change, where an employee is on parents are able to access flexible and equitable paid leave (such as paid parental leave), or is work. Further discussion and recommendations pregnant and has been transferred to a job to on this issue can be found in Chapter 7. work ‘light duties’, where reasonably necessary to protect their health or safety 90, they continue to be paid and included in the FTE count. As Regulation of employment a result, there is still no capacity available to backfill, creating pressure on remaining Victoria Police’s workforce includes police, colleagues. protective services officers, recruits, reservists, public servants and contractors. Regulation Internal budget allocation of Victoria Police’s workforce is complex and distinguishes police and protective Separately, the Review was advised that Victoria services officers from public servants with Police has changed their practices for allocation different governing laws and federal industrial of budget to work areas. Rather than providing instruments. budget for personnel costs based on the set workforce profile agreed at the start of each From December 2015, Police Custody Officers financial year, funding will be adjusted across will be employed by Victoria Police under the the year to match outgoings on actual staffing. Public Service Workplace Determination currently This will assist in making funding available for under negotiation. As they had not commenced backfilling parental leave roles. during the timeframe for this report, they have not been considered in the data. The Review understands that many people who take parental leave are at ranks above constable; For the ‘sworn’ workforce – police, recruits, however positions are customarily backfilled reservists and protective services officers – the by personnel performing higher duties whose Victoria Police Act regulates, among positions are in turn backfilled by upgrading lower other things: ranks to enable development opportunities. This • appointments, probations, promotions and shifts vacancies down the ranks resulting in a transfers (Part 3) potential shortage of constables in general duties • duties, powers, entitlements, protection and units, and detrimental impacts on capacity for liability (Part 4) frontline service delivery. • police registration (Part 6) There is a strong argument for Victoria Police to • discipline (Part 7) consider options to ensure backfill of positions left vacant by upgrading. Any such initiative • appeals and reviews (Part 8) should serve to: • complaints and investigations (Part 9) • safeguard general duties capacity • investigation of protected disclosure complaints (Part 10) 90 Equal Opportunity Act 2010 (Vic) s 86.
132 Independent Review • the Police Registration and Services Board against employees on the basis of sex, (Part 12). pregnancy, or parental or carer status The Public Administration Act 2004 (Vic) • ways to further demonstrate Victoria Police’s governs the employment of public servants, commitment to achieving a gender equitable including executive officers, in Victoria Police. workplace in the agreement • ways to comply with the positive duty to Industrial instruments eliminate discrimination, sexual harassment Additional terms and conditions of employment and victimisation in section 15 of the Equal for Victoria Police personnel are set out in Opportunity Act. separate federal industrial instruments: In consultation with Victoria Police and the • the Victoria Police Force Enterprise Police Association Victoria, the Commission Agreement 2011 applies to police and made recommendations. The recommendations protective services officers sent to Victoria Police and the Police Association Victoria is included at Appendix 2. • the Victoria Police Force (Commanders) Enterprise Agreement 2011 applies to police Outside this Review, the Commission has of commander rank provided a briefing to the Community • the Victorian Public Service Workplace and Public Sector Union (CPSU) and the Determination 2012 applies to public servants. Victorian Government on equity and diversity measures, in the context of the re-negotiation At the time of writing, these instruments were of the Victorian Public Service Workplace being re-negotiated. Determination 2012. Disputes about the operation of both instruments can be dealt with by the Fair Work The role of the unions Commission.91 However for sworn members, the Fair Work Commission cannot determine disputes arising under the Victoria Police The Police Association Victoria Force Enterprise Agreement 2011 that fall The union for sworn employees of Victoria within the jurisdiction of the Police Registration Police, the Police Association Victoria (TPAV) and Services Board (PRSB). The PRSB is was formed in 1917 and given legal status in responsible for reviews of decisions related to 1923. Over the 98 years of its existence, TPAV discipline (including termination of employment) has negotiated with successive governments or disputes about promotion or transfer.92 and police administrations to improve pay and The Review notes that having separate industrial other conditions for sworn employees (police, instruments for public servants and police and protective services officers, recruits and police protective services officers may contribute to a reservists). Around 99 per cent of sworn sense of inequality and inconsistent value in the members belong to TPAV. capability of these personnel groups. Member benefits Gender equity impact assessment TPAV provides the following services: As part of this Review, the Commission • negotiation with government and the Victoria conducted a gender equity impact assessment Police executive for improved pay and of the Victoria Police Force Enterprise working conditions Agreement 2011. In undertaking the • lobbying on legislation and policy assessment, the Commission considered: • advice on occupational health and safety, • whether the agreement, on its terms or in its workers compensation matters, employment application or interpretation, discriminates rights and obligations • advocacy and support for members with 91 Victoria Police Force Enterprise Agreement 2011, AE889678 (19 December 2011) cl 11, and Victorian Public Service Workplace grievances against management Determination 2012, AG895510 (23 July 2012) cl 11. • legal advice, advocacy and representation 92 Victoria Police Force Enterprise Agreement 2011, AE889678 (19 December 2011) cl 12. including on non-employment related matters Chapter 5: External Context and Regulation 133 such as family law and medical negligence (a) have been a full financial member at the (subject to eligibility) time of the act or omission giving rise to the • representation of members in negotiations applicant having been charged with any with the Police Registration & Services disciplinary or criminal offence – such act Board, the Fair Work Commission and or omission having been lawfully and/or in WorkSafe Victoria. good faith done or made by the applicant in the course of or in the discharge of police • advocacy for members undergoing duties; or disciplinary action • hardship grants, sickness benefits for non- (b) have been a full financial member at the employment related illnesses, death benefits time of the act or omission giving rise to (subject to eligibility) the applicant having been charged with any criminal offence solely because the • welfare assistance and counselling services applicant is a police officer; or for members and their families • education and awareness through online and (c) be a member of the executive or servant of hard copy publications TPAV who has become a party to any legal proceedings as a result of carrying out the • provision of scholarships for eligible members aims and objects of TPAV; or and school-age children of members • non-employment related benefits such as (d) have been a full financial member acting holiday accommodation and discounts on lawfully and/or in good faith at the time of goods and services. the act or omission that gave rise to the applicant becoming: TPAV has an administration of 42 people who provide services to members under the (i) a party as a defendant or respondent in directions set by the executive of TPAV. The any civil proceedings arising out of the administration is headed by a Secretary/CEO applicant being a police officer; or who is supported by an Assistant Secretary, (ii) a plaintiff or applicant in any civil both of whom are currently serving police proceedings (or who initiates such members. The Secretary is appointed by proceedings) arising from the course the Executive Committee and the Assistant of or in the discharge of the applicant’s Secretary is appointed by the Secretary. police duties and who has first been The business affairs and policies of TPAV are granted leave by the Executive to initiate directed by an Executive Committee of 12 those proceedings through the preferred members of TPAV. Members of the current solicitors of TPAV in those proceedings. executive are all police and only two are women. In addition, TPAV’s Member Benefits and This gender representation rate of sixteen per Services brochure states: “Members may also cent is substantially lower than the 26 per cent seek legal advice regarding issues including representation rate of women in sworn positions. 93 WorkCover, medical negligence, asbestos The Executive Committee is headed by a exposure, superannuation, and insurance president who is drawn from, and elected by claims, public liability and family law.” the executive. Members must apply to access the fund and decisions to provide funding are made by Legal Representation Fund a committee of three people appointed by TPAV maintains a fund in excess of $20 million the executive (and including no more than used for financing legal representation and two members of the executive) in the case disciplinary advocacy for members, with of criminal charges and the Full Executive eligibility criteria set out in TPAV’s constitution. for civil matters. For successful applications, To qualify the member must 94: TPAV contracts legal representatives directly to represent and advocate for members. 93 Victoria Police Workforce Data April 2015, received 12 June 2015. 94 The Police Association Victoria, The Police Association Constitution (updated 9 September 2011), rule 75, < http://www.tpass.com.au/ About_Us/Constitution_.html>
134 Independent Review Historical context If an amount of compensation is received, TPAV legal fund will recover TPAV started funding legal representation for monies expended in pursuing the members in the early 1970s. At this time, and up claim. This has always been the until the introduction of the Victoria Police Act, arrangement and this is expressly members had a higher level of personal liability detailed in the waiver any successful for acts or omissions carried out in the course funding applicant signs. It is unclear of their duties. Under previous legislation, there in what circumstances a witness was an onus on members to demonstrate they would require direct assistance in were acting ‘in good faith’ in order for the State a matter however welfare support to take liability. The new Act has brought Victoria is regularly provided to members into line with other Australian jurisdictions in in those circumstances (The Police having liability default to the State. Under the Association Victoria). legislation, the State must establish the action was ‘serious and wilful misconduct’ in order for For a number of female participants who liability to transfer to the member. 95 participated in the Review, TPAV was not considered a viable option for accessing support. Benefits for members who are victims or In discussion with TPAV, it became clear that witnesses the organisation is considering ways that it The Review heard from many participants who might best represent the changing workforce believed TPAV legal fund did not cover costs for dynamic. TPAV told the Review that, in March members who were victims or witnesses (other 2015, the Association launched an initiative; parties) in cases where other members were TPA NOW (TPA Network Of Women) specifically subject to disciplinary or criminal proceedings. to promote participation of female members The Review was advised that TPAV legal fund in TPAV and create a forum where issues covers costs who are victims and were advised impacting on female police can be discussed that TPAV has funded cases of Victoria Police and progressed through TPAV’s formal and employees subject to sex discrimination and informal processes. sexual harassment.96 Industrial relations TPAV advised the Review that, where other TPAV has been active in advocating nationally members were subject to disciplinary or through their industrial relations arm in criminal proceedings, the other party can negotiations, with Victoria Police and through access assistance from the Association’s the Fair Work Commission, on the need for industrial relations section, noting a recent civil better support for workplace flexibility and case against Victoria Police involving workplace parental and caregiving responsibilities. sexual harassment committed by another member who was subsequently charged and For example, TPAV utilise the dispute resolution ultimately dismissed. procedures in clause 11 of the Victoria Police Force Enterprise Agreement 2011 as a way The Review also heard: to agitate issues relating to unfair treatment of female personnel with parental or caring In instances of breaches of the Equal responsibilities. Opportunity Act, TPAV relies on a victim wanting to make a complaint. In those Utilising a formal dispute process requires instances TPAV supports, advocates and Victoria Police managers to take a complaint assists members in reaching an outcome seriously and seek expert assistance from the within the legislative parameters – often Victoria Police Human Resource Department by way of a confidential settlement with to resolve the dispute at the workplace level. Victoria Police. The consequences of not resolving the dispute is that the employee can apply for the matter 95 Victoria Police Act 2013 (Vic) s 74(2). to be conciliated by the Fair Work Commission 96 TPAV noted high profile cases such as McKenna v The State of Victoria [1998] VADT, Robertson v The State of Victoria [1998] or, if conciliation is unsuccessful, an arbitrated VADT. decision which is binding.
Chapter 5: External Context and Regulation 135 The Review understands that disputes • hears appeals against certain promotion and commonly brought under clause 11 relate to the transfer decisions right to request flexible working arrangements, • reviews various decisions made by Victoria the implementation of those requests, or the Police, including those related to discipline.97 ability to access and maintain part-time work arrangements. For example, in October 2012, Appeals against promotion and transfer the Police Federation of Australia (of which decisions TPAV comprises the Victorian Branch), made an application to the Fair Work Commission to deal The PRSB is responsible for hearing appeals against certain promotions and transfers lodged with a dispute in relation to part-time work and 98 accommodating child care arrangements. by a police officer or protective services officer. The Victoria Police Act states that the grounds Community and Public Sector Union for appeal are: Public servants in Victoria Police may join the • in relation to a senior sergeant, sergeant or Community and Public Sector Union (CPSU) senior constable which covers all Victorian Public Service –– superior efficiency employees. Although the Review was unable to get membership figures, participants have –– equal efficiency and greater seniority suggested around 15 per cent of Victoria Police • in relation to an inspector or chief inspector, public servant employees are members of the superior efficiency. CPSU. The term ‘efficiency’ is defined as:
Member benefits include: • the aptitude and special qualifications necessary for the discharge of the duties of • collective bargaining of the VPS workplace the position in question, together with merit, determination diligence, good conduct, quality of service, • advice on pay and conditions, appeals, mental capacity and physical fitness unfair dismissal, discrimination, contract • in addition, for the rank of inspector – the negotiations, health and safety and workers’ potential to develop the executive ability and compensation leadership and management skills essential • income protection for members injured in senior executive positions commuting to work • in addition, for the rank of commander, • discounts on specified employment law chief superintendent, superintendent or services chief inspector – the executive ability and • benefit for family bereavement leadership and management skills essential in senior executive positions.99 • online will-drafting service • discounted goods and services. The function and impact of this power is considered in more detail in Chapter 8. The Review heard mixed reports about the ability to access advocacy through the CPSU. Reviews of Victoria Police disciplinary decisions The role of the Police Registration Under the Victoria Police Act, a police or and Services Board protective services officer may apply to the PRSB for review of a decision related to discipline (including a decision to dismiss an The Police Registration and Services Board officer).100 In reviewing a decision, the PRSB (PRSB) is an independent statutory body that must have regard to the public interest and the provides for external appeal and review of certain Victoria Police decisions affecting police and protective services officers. In particular, 97 Victoria Police Act 2013 (Vic) Part 8. the PRSB: 98 Victoria Police Act 2013 (Vic) ss 141–142. 99 Victoria Police Act 2013 (Vic) s 4. 100 Victoria Police Act 2013 (Vic) s 146(1), (2).
136 Independent Review interests of the applicant.101 Public interest is arrangements for police, protective services defined to include ‘the interest of maintaining officers and police reservists the integrity of and community confidence in • to support and promote the continuing Victoria Police’.102 education and professional development The function and impact of this power is of police, protective services officers and considered in more detail in Chapter 13. police reservists. Police registration Police professionalisation The PRSB is also responsible for registering The Review was told that the PRSB is at a specified rank, former and certain current presently developing a model for police police and keeping a Police Profession professionalisation in Victoria to assist in Register.103 the future positioning of the Board and the establishment of the Professional Standards Subject to qualification requirements, Division, and will undertake an extensive registration is open to people who have formerly consultation process with Victoria Police, TPAV, served as police in Victoria Police, unless they relevant government departments and other were dismissed. Once registered as capable key stakeholders. The Review understands the at a specified rank they are eligible to apply for project is examining existing processes and positions at or below their registered rank. practices across other professional registration This process enables former members to have systems and will draw on the professionalisation their work experience outside Victoria Police to work being undertaken by the Australia and be considered toward assessment of capability New Zealand Policing Advisory Agency at a rank that may be higher than their former (ANZPAA). rank. Prior to the commencement of the Police At the cross-jurisdictional level, the ANZPAA has Profession Register on 1 April 2014, ‘re- focused on the development of police practice appointees’ re-entered the organisation at the levels and training and education guidelines. rank of constable or senior constable. ANZPAA and participating jurisdictions are Registration is also available to current exploring options for a national system involving members who are on leave without pay or on certification, registration and continuing secondment to an external organisation. professional development. A person is qualified for registration if the This is considered further in Chapter 9. person: Recommendations about the PRSB are set out • is of good character and reputation in Chapter 13. • has any qualifications and experience for registration at a specified rank The Independent Broad-based • has the aptitude and efficiency required to perform as a police officer at a specified Anti-corruption Commission rank.104 The Independent Broad-based Anti-corruption Professional standards Commission (IBAC) is responsible for Since 2013, the PRSB’s Professional Standards identifying, investigating and exposing ‘police Division is responsible for the following functions: personnel misconduct’ – a term which includes separate definitions for (a) police officers • to advise the Chief Commissioner about and PSOs and (b) police recruits and public competency standards, practice standards, servants employed by Victoria Police.105 educational courses and supervised training Police personnel misconduct means conduct 101 Victoria Police Act 2013 (Vic) s 151. which is likely to bring Victoria Police into 102 Victoria Police Act 2013 (Vic) s 151(3). 103 Victoria Police Act 2013 (Vic) ss 105, 121. 105 Independent Broad-based Anti-corruption Commission Act 2011 104 Victoria Police Act 2013 (Vic) s 103. (Vic) s 15(2)(a).
Chapter 5: External Context and Regulation 137 disrepute or diminish public confidence in it.106 • immunity from: For police officers and PSOs, police personnel - civil or criminal liability as well as misconduct also includes offences punishable administrative action (including by imprisonment and disgraceful or improper disciplinary action) for making the conduct (whether on or off duty).107 disclosure According to IBAC, examples of police - committing a statutory offence that misconduct include human rights breaches, imposes confidentiality obligations or stalking, family violence, sexual offences and otherwise restricts the disclosure of assault.108 information Under the Independent Broad-based Anti- - breaching any other obligation requiring corruption Commission Act 2011 (Vic) (the IBAC confidentiality or otherwise restricting the Act), ‘police personnel misconduct’ has the disclosure of information.114 same meaning in relation to police officers and PSOs as ‘misconduct’ under the Victoria Police IBAC obligations Act.109 Chapter 13 discusses definitional issues IBAC is required to dismiss, investigate or refer with ‘misconduct’ and ‘conduct’ within the any complaint or notification it receives.115 If Victoria Police Act. a person has made a protected disclosure, section 59 of the IBAC Act requires IBAC to IBAC receives direct complaints and notify the person about the action it has taken notifications about police personnel, including within a reasonable time of taking the action notifications made by Victoria Police about or commencing an investigation.116 Some misconduct.110 exceptions apply, including if notifying the person would put a person’s safety at risk.117 Protected disclosures For all other complaints and notifications, IBAC IBAC determines whether disclosures made or may notify the person who made the complaint notified to it are protected disclosures. or notification about the action it has taken.118 A protected disclosure against a member of However, unlike protected disclosures, there is Victoria Police personnel can be made under no requirement to do so.119 the Protected Disclosure Act.111 Protected disclosures can also be made by police officers The Review understands that police personnel and PSOs under the Victoria Police Act.112 sometimes choose to make complaints to IBAC because they do not feel safe or confident to A person who makes a protected disclosure has complain directly to Victoria Police. The Review legal protections under the Protected Disclosure also noted a perception from some participants Act, including:113 that IBAC may refer complaints to Victoria Police • protection from defamation action without notifying, or seeking the consent of, the • protection from detrimental action in reprisal complainant. for making a protected disclosure IBAC has advised that it is mindful of the importance of communicating with 106 Independent Broad-based Anti-corruption Commission Act 2011 (Vic) s 5. complainants about decisions to dismiss, 107 Independent Broad-based Anti-corruption Commission Act 2011 investigate or refer complaints or notifications. (Vic) s 5. 108 Independent Broad-based Anti-corruption Commission, What is 114 Independent Broad-based Anti-corruption Commission, What is a police misconduct?
127 The other being administered by the Fire & Emergency Services Superannuation Fund in Western Australia. See
140 Independent Review Disability compels employees to work full time for at least 30 years to gain the full entitlement is highly Disability benefits are also affected by length questionable. of service, service breaks and contribution amounts. This is a particular issue for women In addition, and though not gender-specific, in Victoria Police because from age 35 onward the Review heard the relative rigidity of the they are much more likely than men (up to defined benefit scheme, may provide a barrier 35 per cent) to claim a disability benefit.128 This to mobility between employment categories gender difference contrasts other emergency (police and VPS). services, in which men are more likely to claim disability benefits right across the working life Remedial actions span. The Review notes that ESSS has been working with the TPA to educate women in Victoria Gender impact of the defined benefit Police to encourage them to make higher scheme contributions. The Review also notes that since The Australian Human Rights Commission noted 2010, ESSS has made minimum contributions to earlier this year that: the funds of women on unpaid maternity leave for up to 12 months to minimise the impact of Research into unpaid care has highlighted service breaks on their benefits. that Australia’s superannuation system is designed around male patterns of Despite these efforts, there remain inherent workforce participation. Interrupted structural inequities arising from the defined patterns of work are a key barrier for benefits scheme. mothers with young children trying to accumulate sufficient super. Estimates from 2009/10 suggest that the average superannuation payouts for women are RECOMMENDATION 17 57% that of men.129 As will be discussed in Chapter 8, women That the Victorian Government work with ESSS police in Victoria Police have an average length to undertake a gender impact analysis of of service almost half that of men (12 versus 23 the defined benefit scheme, and undertake years). This, coupled with periods of part-time comparison with other schemes. This analysis employment for caregiving, mean few will be should be used as evidence to review the eligible for the maximum advantages provided appropriateness of the scheme in supporting by the ESSS defined benefit arrangements. contemporary career patterns, flexible work, The Review notes that the ADF has identified the and wellbeing of all Victoria Police sworn change to their superannuation arrangements personnel. as supporting flexible work arrangements: “The new superannuation arrangement will particularly assist the establishment of Defences’ part-time service arrangements under Project SUAKIN, the ADF’s future workforce model”.130 Further, given the stressful nature of policing and its consequences for physical and mental health, the logic of a remuneration scheme that
128 Emergency Services Superannuation Scheme (ESSS) data. (Information provided to the Review by ESSS, 04 November 2015). 129 Australian Human Rights Commission, Supporting Working Parents: Pregnancy and Return to Work National Review Report (2014) 79 . 130 Australian Government, Department of Defence, ADF Super – Frequently Asked Questions (September 2015)
Chapter 5: External Context and Regulation 141 Chapter 6 Organisational governance and accountability
Main findings Purpose and leadership
• There is significant evidence of structural Gender inequality is the common driver of and attitudinal obstacles to implementing sexual harassment – some forms of which can the Review’s recommendations, which be understood as violence against women – will require strong leadership, whole-of- and sex discrimination. organisation accountability and broader Building gender equality into values, capability support. and organisational performance require • There has been a lack of focus on equity persistent and unwavering work in all aspects of and diversity issues affecting employees in police business. It will require deep commitment Victoria Police in strategies, and performance and discipline to remain focused on building objectives and measures. gender equitable and respectful workplaces • There are a number of strategies currently (prevention), at the same time as developing being pursued by Victoria Police to address improved responses to employees experiencing workplace harm and safety. While the intent workplace harm as a result of the behaviours of and drivers underpinning each strategy their colleagues and managers (response). are different, the organisational levers are As has been noted in other parts of the Review common. This creates an opportunity to align report, there are serious but not insurmountable the strategies for greater mutually reinforcing obstacles to undertaking an organisational reset effect. in Victoria Police. The organisation has been • There are significant capability and able to drive large-scale cultural change where reputational issues at the supervisor and a ‘burning platform’ has existed and where management ranks. In responding to this there has been adequate sponsorship and Review, it will be important for all managers resourcing, such as leading work in reforming to be mindful of the individual and collective the family violence response and in key safety credibility of their leadership and to initiatives, such as Project Beacon (described in reflect deeply on their experiences and more detail in Chapter 11). accountability, when advocating for change. While there are similarities in the implementation • Human resources has not been considered of this Review and the work of implementing the a strategic function within the organisation. Australian Human Rights Commission Review The lack of linkages and alignment across of the Treatment of Women in the Australian Victoria Police people functions has resulted Defence Force, Victoria Police is a different in siloing and a lack of organisational organisation, with a different function, and one accountability on strategic people issues. which faces unique challenges. As outlined • There has been an historical over-reliance on in Chapter 5, there are limitations for Victoria intervention measures in response to harm Police in being able to manage those whose through incident or volume measurement histories or behaviours are inconsistent with over prevention measures, which prevent those required in a cultural reset. harm from occurring or escalating in the first place. To undertake such a reset, the Chief Commissioner will require support from Government, from the Unions and from
142 Independent Review other Victorian employers to implement the I would put in place a policy structure recommendations and lead the charge on gender around gender equality and workforce equity and reducing violence against women. development. I would get content experts in to create an enabling culture. This emerging research has significant You need to do some analysis of the implications for prevention practice, structures in place that perpetuate and needs to be taken into account discrimination. Train the workforce and at all stages … While women’s … get more contemporary practices in empowerment must remain central to place around flexibility for men and prevention activity if we are to address women (female interviewee). the gendered drivers of violence, it is important to engage men … in the We published a Diversity Strategy. process … Backlash and resistance This should be fundamental in an is an inevitable part of the change organisation like this. … The principles process, and should be planned for and base levels need to be in place. and expected.131 We have challenges around our current data and a lack of ownership The work of implementing the Review will (executive interviewee). require prioritising the voices of those who have been harmed and whose voices have As noted in Chapter 10, Victoria Police has an been silenced. It will require those voices to be Equal Opportunity Policy that is, in parts, out listened to, respected and supported by all men of date. There is a general lack of guidance on and women in the organisation. how to implement the policy. Similarly, Human Resources has a Diversity Action Plan (DAP) Research demonstrates that backlash which is in its final year of implementation. and resistance is an inevitable part of While women’s representation in the Victoria the change process, and should be Police workforce has increased in recent years 132 planned for and expected. and compares favourably to other emergency It will also require a sustained journey to reset services, the Review assessed the DAP as expectations about ‘what makes a “good man” lacking substance, strategic value or sufficient and a good police employee’ and what that governance and accountabilities. means for the way all people are valued in the The EO action plan – it has no concrete organisation. actions. If you sit it in HR it’s already It will also need unwavering commitment to demeaned because it is linked to protect the organisational values, build a lasting unsworn members. The thinking is legacy for the organisation and pursue broader ‘everything that attaches to HR is cultural change. unsworn thinking’. It needs to be under the Operations DC or AC of regions but your action plan, you drive them more Strategic focus at operations (female interviewee).
The Review heard of a lack of strategic focus on In the absence of strategy and explicit Equity and Diversity issues affecting employees. policy in this area, local initiatives have been Some spoke of the need for a Women and developed by individuals in some workplaces Policing Strategy for the organisation while to perceived gaps around human resource others spoke of a broader Equity and Diversity issues as basic as parental leave and return- Policy. to-work plans. While such informal initiatives may be appropriate and well intentioned, a perceived lack of transparency can fuel broader 131 OurWatch, VicHealth and ANROWS, Change the Story: A shared framework for the primary prevention of violence against women resentments and perceptions of favouritism or and their children in Australia (November 2015)
Chapter 6: Organisational governance and accountability 143 The Review has identified a clear need for an The Review notes that without a sustained organisational Diversity and Equity Strategy, and substantial focus on equality and diversity, to guide any and all work to enhance gender merely addressing harm that has already equality in all workplaces across the state. been experienced will not drive safety, equality and freedom from sexual harassment Defining and owning the issue and the vision or in Victoria Police. purpose of this work is the critical first step to map effective pathways to safe and equitable workplaces. There is no justification for different strategic approaches in different work areas. A dual approach of prevention and response is RECOMMENDATION 3 needed: • Prevention: To access the potential Victoria Police develops a whole-of-organisation contributions of all Victoria Police employees, Gender and Diversity Vision and Strategy its workplaces must build gender equitable linked to the organisational performance and workplaces and provide no incentive or capability framework to drive cultural and opportunity for sexual harassment, predatory practice change. This vision and strategy behaviour and sex discrimination to occur. should be owned by and accountable to the • Response: To respond to harm that has Chief Commissioner. already been experienced, restorative It should: justice processes are urgently needed, as are effective responses to employees who • articulate the Victoria Police vision to build choose behaviours that sexually harass and gender equitable workplaces in clear and discriminate against women. Workplaces unequivocal terms. This will be a first step that enable inappropriate behaviours must and require consistent, visible leadership also be accountable for the conduct of their at the most senior levels. The Review notes employees. that time spent consulting and engaging employees in this work will build a platform The Review heard repeatedly that the problem- for all recommendations in this Review. solving instincts of police would incline Victoria Police to turn this Review’s recommendations • identify and leverage the interdependencies into a list of tasks and to delegate them among current and emerging workplace and accordingly. community facing strategies • sustain commitment and work to build We do compliance very well – black whole-of-organisation knowledge and and white, give me a list and I’ll tick it. understanding of the relationship between Anything about humans or complexity gender equality and healthy, safe and becomes too difficult respectful workplaces (female interviewee). • Victoria Police aligns the intent, The following recommendations have been accountabilities and implementation of designed to mitigate this risk and support a efforts to implement responses to this Review cohesive, whole-of-organisation approach. alongside other key change initiatives Organisational performance objectives and • develop a formal policy and process measures should be linked to safe and review mechanism to ensure gender equity respectful workplaces. These measures need principles are embedded in all organisational to cascade down into the performance and initiatives capability requirements of all managers and employees. • ensure gender impact analysis is embedded in policy and strategy development and This will both challenge and provide new review processes opportunities for Victoria Police.
144 Independent Review • develop an organisation-wide gender The elements of work that will be needed performance framework and annual to give form to this strategy are reflected in monitoring. Organisational performance the recommendations. However, without an objectives and measures should be linked overarching framework approach, owned at to safe and respectful workplaces if the the most senior levels, there is a danger that vision and effort to achieve a safe and recommendations will not be considered and respectful workforce is to be sustained. implemented in a cohesive and interlocking way. These measures should embed proactive data, process and outcome measures and You have a right to a safe workplace. cascade down to the performance and An organisation and its leadership capability requirements of all managers and should acknowledge issues, respond employees. They should include employee immediately, and bring victims into a safe insight and satisfaction of the shifting circle quickly, not drag them through a workplace climate. damaging process of blame the victim (female interviewee). • prioritise safety and wellbeing of employees who have experienced workplace harm. Both parts of this approach – preventing and For people engaging in inappropriate responding to sex discrimination and sexual behaviours, a range of swift and appropriate harassment, including predatory behaviour – management and policing responses are will be achieved through existing functions and needed, depending on the nature of the mechanisms that span the organisation. While behaviour. Detailed recommendations and some recommendations will be easier to start measures to be included in organisational work on, the Review notes the importance of performance monitoring are set out in planning and staging work to ensure it has the Chapter 13. intended impact and outcomes. • cascading from this strategy, each Command We remain reactive. We like to reinvent should establish, develop and implement the wheel and implement either short an equity and diversity workplan and report term things, ‘quick wins’, or throw progress to Executive Command bi-annually. mini projects at something, just to The quality and progress of these workplans demonstrate that we are ‘doing’ so we should be considered as part of Command won’t be criticised. So we jump and react performance and individual performance to perceptions, rather than putting in assessments of leadership. These in turn things (whether they be strategy, policy, should be supported by performance projects, etc) that are based on good assessment recommendations. research evidence and identified through effective gap/need analysis • Victoria Police should resource and (female interviewee). coordinate women in policing committees for all female employees across all regions, The pivot point of all efforts should be focused including rural areas. These forums should and disciplined, and a vision led and owned provide expertise to inform Command/ by the Chief Commissioner and Executive Departmental Equity and Diversity Strategies. Command. If you don’t have the Chief Commissioner publicly supporting it and the next lines But how do you measure it? I’ve seen it down too, it won’t get anywhere. It has to a hundred times, when the Ombudsman be driven from the Chief Commissioner or OPI go through an organisation with and seen that the Chief Commissioner 125 recommendations. You can tick off embraces it as a serious issue to be those recommendations but how do you dealt with and as a widespread cultural change culture? If you had the ability to problem, not just pockets. The culture do that for three or four years, it might resists identification of the problem. actually change that culture (former executive).
Chapter 6: Organisational governance and accountability 145 Building safe and respectful workplaces is the Strategy alignment individual and collective responsibility of all Commands. The Review notes the importance of a strong governance and policy platform to support the achievement of Victoria Police’s equality and diversity intent – as a means to end sexual harassment, predatory behaviour and sex RECOMMENDATION 4 discrimination. Many of the tools, processes, initiatives and Victoria Police develops a strategies committed to in the Victoria Police comprehensive communications and Corporate Plan 2015–2018 Year 1 have potential employee engagement strategy, informed by overlap with this Review’s recommendations. organisational change principles to: There is an opportunity to align and leverage the intent and implementation of other work, • build awareness of the rationale for diversity such as mental health and safety initiatives, • redefine the notion of ‘merit’ and increase to implement this Review’s recommendations. understanding of the existence of structural This will be important with respect to the barriers to recruitment, retention and effectiveness of the recommendations and advancement the ability of Victoria Police to embed them in ‘business as usual’ processes. • champion senior men and women who access flexible work arrangements, including In implementing Recommendation 3, Victoria part-time and parental leave Police should align intent, accountabilities and implementation alongside other key initiatives. • reinforce that performance and These include the Zero Harm Strategy and accountability of employees must align with the employee mental health strategy which, the vision, values and strategy together, have potential for deep and lasting • support learning and professional cultural change in Victoria Police workplaces. development across the workforce about It also includes externally facing initiatives sex discrimination and sexual harassment, intended to drive improved awareness and including predatory behaviour, its drivers, sophistication of Victoria Police employees impacts and implications about diversity and equality, such as Equality is not the Same and Future Directions for Victim • develop a clear organisational statement and Centric Policing 2015. expectation that all employees, regardless of rank or level, should ‘call out’ sexual While the intent and drivers underpinning each harassment and discrimination if they feel strategy are different, the organisational levers safe to do so and that they will be supported are common. All seek to inform what employees by management. know, how they use their knowledge and define the professional behaviours required of Victoria Police. Victoria Police has found ways to transcend its structure in other work areas and develop and implement a genuine whole-of-organisation strategy which provide learning for the issues addressed by this Review.
146 Independent Review Credibility, capability and that question, the baseline for senior people who have grown up in it is not governance the right baseline. It’s about what is The overwhelming feedback to the Review was appropriate (executive interviewee). that for employees’ everyday work experiences to change, effort must be focused at the supervisory ranks. In responding to this Review, it will be important for all leaders to be mindful of the The Review agrees that this is where change individual and collective credibility of their will be experienced by most Victoria Police leadership. They should reflect deeply on employees. At the same time, the Review their experiences and accountability when considers that without a capable, credible advocating for change. It is incumbent on the senior leadership and strategy – starting with organisation to ensure that the capabilities the Executive Command – culture change will of people attaining leadership roles meet not be achieved in an acceptable timeframe. organisational values and competencies in Our organisation is command and driving the organisation and its workplaces control and if Command gets strong towards its vision for safety and respect. on something, people will identify the behaviours and once the whinging is Executive Command is supported by a finished, they’ll change their behaviour People Sub-Committee which is chaired by (executive interviewee). the Executive Director of Business Services … the focus needs to come away and brings together leadership from Strategy from the complainant and what’s the and Organisational Development, Professional complaint, to the issue and the culture Standards Command, Human Resources, of the organisation. I don’t need to have People Development Command, and complaints come forward to know that representatives from Divisional Command there is an issue and that we could and Specialist Operations. The Review heard be doing something about it … That’s concerns about the capability of current the difference senior command can governance arrangements to drive a strategic, make – it can put the focus on it and whole-of-organisation approach. it becomes a priority for everybody There is something attractive about an (female interviewee). external model. How would you ever At the time of the Review, there were serious pick up 5000 pieces of feedback with concerns about workplace leaders who had an internal model? There is a great reputations as having sexually discriminated power in the VEOHRC doing this piece or sexually harassed employees who had of work. There will be men and women supported it through their management practices in the organisation who will not sleep as or failed to intervene, recently or in the past. comfortably knowing this is being done. This cannot be achieved internally … There are still behaviours at the highest levels that are not called and if those … Think about whether this is a are not called, people will laugh at the significant enough problem? Is the Review. Some of the people saying organisation mature enough to do it that they believe in the Review are not internally now? I suspect not. Don’t walking the talk. It’s about credibility. leave the organisation with more policy Some of the people selling the or training. It needs to be driven – it message are contributors to it in the will be difficult and uncomfortable and first place so we need to look at all the expensive. But it’s an opportunity. When root causes … we talk about governance models, there is something powerful about … Also, the standards from a while external input (former executive). ago were pretty low so when asking
Chapter 6: Organisational governance and accountability 147 Executive Command should review its Organisational structure capabilities and current capability gaps to undertake this work. The Review notes the A two-pronged approach to preventing and importance of accessing external expertise improving responses to sexual harassment, to inform Executive Command thinking and predatory behaviour and sex discrimination decision making. will be achieved through a range of business functions and mechanisms that span the organisation, functionally and geographically. While the vision and strategy must be owned RECOMMENDATION 2 and executed by Executive Command, building safe and respectful workplaces is the responsibility of all Commands. Implementation The Executive Command establishes an needs singular oversight and mechanisms appropriate, independent advisory structure to ensure that all functions are aware of the to guide the intent and implementation of the broader remit of the work, of their role in it and Review’s recommendations. their responsibilities to drive change. The advisory structure should include senior, The Review heard repeatedly of the challenge external expertise that reports directly to of working across multiple silos, which were Executive Command and meets quarterly with functional and divisional/geographical. the Chief Commissioner as the strategy is developed. The lack of linkage between people The advisory structure should also include functions in the organisation is a senior, external expert guidance in the areas contributing factor. Having them of: working in silos makes it easier for things to go missing or not to be • best practice responses to working with aligned. HR, professional standards, men and women to build awareness of people development and corporate gender inequality, gender identity and role strategy should all be in one portfolio. stereotypes, and of the link between gender Spreading them across areas gives the inequality and violence against women organisation an excuse for not getting it • best practice restorative justice processes right (executive interviewee). • best practice victim empowerment models People functions, which includes People of addressing workplace harm, with specific Development Command, Professional expertise in sexual harm, sexual assault and Standards Command and the Human sexual harassment as well as secondary Resource Department, have specific roles victimisation to play in supporting managers to manage, learning and development and people who are • best practice responses to sex discrimination experiencing sex discrimination and sexual and sex-based hostility harassment, including predatory behaviour. • best practice bystander actions to build More discussion about how to effectively gender equality provide this support is outlined in Chapter 10, including the need for a centralised and • organisational development and change elevated HR business model, such as business • the Advisory Structure should report directly partnering. to the Executive Command representative At the time of the Review, the Human Resource and meet quarterly with the Chief function was not regarded as a strategic Commissioner as the strategy is developed. function within the organisation. This was reflected in its absence from strategic decision- making fora such as Executive Command,
148 Independent Review lack of strategic tasking, and widely held be measured by, and for what they are perceptions of its value to managers and accountable. employees. It has had little influence on The Review has recommended a review of decision-making about people matters. existing organisational performance frameworks People functions also have a key role to lead to build in gender equality outcomes and evidence-based, expert-informed approaches accountabilities. Organisational performance to equality and diversity in Victoria Police measures should be outcomes-focused. These workplaces, and to provide the mechanisms for should cascade down at each level of the managers to adopt and implement good work organisation. practices. Key (prevention) measures at an organisational A command and control organisation level should include, but not be limited to: means that if something is not in your • a shift in gender balance in senior leadership span of control, then it is not for you to positions and across occupational groups worry about. As a consequence, you’re and ranks blinkered to it (executive interviewee). • greater uptake of flexible working In terms of governance, the visibility arrangements where they are needed on these issues has been impacted • greater satisfaction of staff that they can because the head of HR role in the balance work and life commitments organisation has diminished. It’s not as • the development of key performance senior as it was in terms of governance. measures of improved identification, Executive Command has now dropped recording and management of sex down to Command. People are discrimination and sexual harassment, important in this organisation. It needs including predatory behaviour by the to be more prominent at the moment workplace harm model as set out in … It currently sits under the corporate Chapter 13. head which sits under the budget To achieve breakthrough in the organisation’s (executive interviewee). performance, the Review recommends that The Review’s recommendations reflect the management accountability for managing interdependence of people functions and the inappropriate workplace behaviours is elevated. way in which they engage with all Commands. Current policy and practice in managing Victoria Police should consider where best to difficult people issues in Victoria Police and locate a strong, strategic Human Resource other organisations is undertaken at the lowest function within the organisation to support the feasible management level, with ‘problems’ vision, strategy and its implementation. reported up only when there are perceived risks to the organisation. Performance and accountability [Question to interviewee: Victoria Police Manual policies and guidelines At the time of the Review, there was a lack advise managers to deal with issues of focus in budget measures on workforce at the lowest level possible. Are you wellbeing and diversity. suggesting the reverse of this? How would this work?] The Review’s recommendations have been developed as an interlocking, interdependent Absolutely and it may not have to be for work program. In addition to building a long to change the culture. Put in a five clear vision, strategies to achieve enabling year action plan, similar to the thinking governance and structures, Victoria Police will around safety and make it a priority need to articulate and measure the dimensions in all aspects of business. The DC of performance for which the organisation, says he wants reports on WorkCover leaders and employees performance will submissions. Tell me about that and
Chapter 6: Organisational governance and accountability 149 those cases. If that happened with and there is a massive push on family predators … (female interviewee). violence and ice.
Organisational learning and improvement in So, they have all that, which they gender equality will only be achieved where are trying to manage, and they have supervisors, managers and Commands take oversight of hundreds of people. So, a proactive approach, working to ensure I know it would be difficult for them to that employees experiencing inappropriate step back to think, “What am I doing behaviours are provided respectful, accurate about safety?” They will be committed and timely advice and referrals. Command to it and want to do something, but if performance KPIs will require managers to something else comes up – like counter have demonstrated competence in creating, terrorism – they will gravitate towards addressing and restoring workplace health that because they know that better. and seeking appropriate human resource and learning support as needed. This is detailed in The [current performance measures, Chapter 10. including Compstat and six-monthly KPI panels are] problematic in respect These measures should inform the work to rewarding good people management implemented as part of Recommendation 3 and safety (senior manager). to enhance Victoria Police’s capability frameworks and management performance In considering performance and monitoring metrics to reward good management there will be a need to consider what is practice and identify professional measured at every level of the organisation and development needs. externally and which is based on best practice prevention measures. Collection of relevant data In 2014, the Victoria Police Blue Paper signalled a shift in the focus on reducing the greatest The Review has noted elsewhere the gaps amount of harm rather than the greatest number and inconsistencies with data collection, of crimes [which] can help to emphasise classification and the interoperability of enforcement and prevention activities, and data systems that are intended to support should inform crime reduction reporting. It human resource and integrity functions. It has noted that: recommended that additional data be collected, The traditional raw counting and monitored and analysed in areas such as reporting of crimes does not recruitment, promotion, access to flexible work, adequately consider the differences in as well as incidence, process and outcome severity between them. For example, reporting on sex discrimination and sexual some crimes are more serious because harassment, including predatory behaviour. they: cause greater impact or injury, In addition to the lack of data systems to affect more victims … 133 support analysis of these issues, the Review The Review commends this focus and notes has noted elsewhere that the current model of the importance of rethinking measures to align focusing on the number of incidents rather than with harm prevention internally. The Review the gravity of harm (volume over harm) measure heard many times from participants frustrated has created perverse incentives for managers by organisational performance measures that and supervisors in minimising or relegating seemed to value volume or incident data over good people management to the background: prevention-focused measures both with regard … [I] understand what it is like from to policing work as well as understanding Sergeant to Super. You are very employee safety and wellbeing. focused on the volume and there are so … if you look at volume crime – people many demands and so many priorities e.g. massive volume crime, we are 133 Victoria Police, Blue Paper: A vision for Victoria Police in 2025 right in the middle of counter terrorism, (2014) 27.
150 Independent Review are rewarded for success against In implementing Recommendation 3, Victoria data measure for volume crime. At Police should build on necessary operational the same time, that person might be measures to embed proactive data and leaving behind a level of carnage in performance measures. This should be terms of their people. We are good at evidence-based and focused on interrupting hard-nosed policing, but not safety and sexist organisational climates as suggested wellbeing of people (senior manager). above. Measures should include employee Victoria Police has invested a great deal of insight and satisfaction of the shifting energy into ongoing employee safety initiatives, workplace climate. including this Review, in, for example, Compstat, To minimise the risk of diluting the vision and the Zero Harm Strategy and the forthcoming its realisation, tight performance planning and mental health strategy. The Review heard monitoring will be necessary. Any measures overwhelmingly positive feedback about the should focus on the strategies and behaviours new prioritisation of Victoria Police in the safety required to implement safety as outlined in and health of its people. this Review, given the longer-term impact of prevention measures playing out in data and However, the Review also heard problematic reporting. feedback about the focus on ‘early intervention’ rather than preventative measures, relying on The … big thing is how we demonstrate incident counts over harm and organisational the values – the difference in valuing climate measures. data and results over how we treat people (senior manager). With Compstat, the model covers leave and injuries but if there’s some way we could measure and promote positive climates/work environments and good new practices … (female interviewee). Like volume crime counts in Compstat, incident reporting on the Zero Harm strategy goes some way to monitoring trends and taking an active role in intervening where risk has been assessed. However, it creates limited capability to prevent harm in the first place. This is notwithstanding the many informal ways police employees support each other. For example, at the local level, the Review heard of local safety initiatives that count the number of times members attend fatalities and uses this measure to undertake a welfare intervention. This would seem to prioritise harm reduction rather than models that aim to prevent compounding harm and risk (for example professional supervision models).
We get intelligence … of … complaint trends, but it didn’t give us much that we didn’t already know. Metrics are run, but … they don’t tell us about culture. … We want [work]sites to meet our professional standards, [people] development and support police professionalism (executive interviewee).
Chapter 6: Organisational governance and accountability 151 Chapter 7 Recruitment and retention
Main findings divisions and negative attitudes towards women. • The Victoria Police workforce is highly • The lower numbers of women than men gendered in terms of rank/level, nature of coming into Victoria Police as police and role performed and place of work, as well as PSOs – with the exception of police recruits between public servants, PSOs and police. this year – coupled with the barriers to full participation in the workforce, mean that • The lack of representation of women there are fewer women in the workforce and within Victoria Police and particularly within therefore fewer in the pipeline for promotion. leadership, is problematic. It is both a symptom of and contributing factor to sex • Improved access to workplace flexibility discrimination and sexual harassment within without negative career consequences in the organisation. the longer term, is needed to increase the representation of women, particularly in • Increased recruitment and retention of leadership positions women is required to change the culture of the organisation and reduce sex • Improved access to workplace flexibility has discrimination and sexual harassment, the potential to benefit all Victoria Police staff. broaden the talent pool, better reflect the community and improve organisational Introduction productivity and performance. • Women experience high levels of This chapter examines the composition of discrimination in Victoria Police. This is the Victoria Police workforce. It finds that reflected particularly in the attitudes towards women are under-represented within police and treatment of women who become and dramatically under-represented within pregnant, take parental leave, return to PSOs. It also finds, however, that women are work after parental leave and seek access over-represented within the organisation’s to flexible working arrangements, including public service, which has traditionally been part-time employment. constructed as a ‘feminine’ workforce. Women • Female personnel who take parental leave are generally employed at the lowest levels have historically not had their positions of the organisation across all three work backfilled. This contributes to a climate of categories and significantly under-represented hostility towards women in Victoria Police. within the organisation’s power structures. • There is a lack of workplace flexibility that Chapter 2 of this report established gender impacts disproportionately on women. equality as a necessary pre-condition • Requests for flexible working arrangements to prevent violence against women and are implemented at the discretion of local to eliminate sexual harassment and sex management who operate within a highly discrimination. Key to shifting the current constrained environment and often with a culture and establishing gender equality is lack of knowledge and support. both increasing the representation of women • There is no organisational equity and across the organisation as well as increasing diversity strategy and a lack of transparency women’s representation in the organisation’s about recruitment, promotion and retention management structures. This is also a key strategies, which contributes to workplace business imperative. Also important is
152 Independent Review ensuring that recruitment practices do not Figure 23: Women in Victoria Police allow the recruitment of people who have discriminatory attitudes towards women and to ensure that recruitment is closely aligned with organisational values. The current breakdown of representation of Public women within the organisation is largely caused Servants by attitudinal and structural barriers. Attitudinal 34.6% barriers relate to gender norms and gender stereotypes, especially the role of men as breadwinners and women as carers, as well as Police 63.5% the view that good police should be resilient, PSOs tough and full-time. There are also structural 1.9% barriers to the recruitment and retention of women related to attraction and recruitment practices as well as organisational approaches to the provision of flexible work. This chapter demonstrates the interconnectedness of these Police two sets of barriers, where organisational While 26 per cent of all sworn police were practices influence attitudes of hostility to female as at April 2015, women’s representation women, which in turn affect organisational was variable by rank, falling off significantly at practices, particularly at the local level. supervisory and management level positions. By making workplace changes to support Around 30 per cent of constables were female and reflect the diversity of the workforce while only nine per cent of superintendents or and by recruiting from a new pool of women above were female. employees, Victoria Police will attract more There were particular ranks where the women as well as those with diversity of proportion of women fell considerably personal backgrounds and experiences. and could be considered critical points for This will in turn be beneficial to the existing intervention. These were between senior workforce. constable (31 per cent female) and sergeant (14 per cent female) and between inspector (13 132133 per cent female) and superintendent (5 per cent Workforce composition female). According to the Report on Government Female representation increased again in the Services 2015, in 2013/14, women comprised very small numbers within the organisation’s 30.1 per cent of all Victoria Police staff. Aside leadership with one of the nine commanders, from Western Australia (at 29.5 per cent women), three of the fourteen Assistant Commissioners this was the lowest proportional representation and one of the two deputy commissioners134 of women in any police service across Australia. being female135. Victoria Police data suggests that in April 2015, the number was somewhat higher with women Protective Services Officers comprising 31.9 per cent of the Victoria Police workforce. At that time, there were 5618 women Just nine per cent of PSOs/PSO first class/PSO in Victoria Police, broken down into work areas senior (combined) were women and 13 per cent according to the following table. of PSO supervisor and PSO senior supervisors (combined) were women. While this increase in representation at the higher levels appears to buck the trend for women within Victoria
134 Note that this data relates to substantive ranks and at this time, the Chief Commissioner and one Deputy Commissioner position were 132 DUMMY vacant. 133 DUMMY 135 Victoria Police Workforce Data, April 2015, received 12 June 2015.
Chapter 7: Recruitment and retention 153 Police, it is important to note that the latter figure The case for change: Increasing refers to just two women (from a pool of 16 PSO supervisors/senior supervisors) (Victoria Police the recruitment and retention of data, April 2015). women within the organisation
Public servants The Review heard consistent and strong While the proportion of women who were public messages from employees and managers alike servants within Victoria Police was much higher of the need to increase the representation of at around 67 per cent, their representation was women in the workforce. significantly skewed towards the lower Victorian It is important to have the number Public Service levels. and visibility to normalise the situation Women represented 80 per cent of VPS 2 level (female interviewee). employees, 48 per cent at VPS 5 level and only 29 per cent of those at VPS 7 level. Although I’m very firm in my view that a higher they comprise much smaller numbers, this trend ratio of females is a bloody good thing is consistent for Forensic Officers, with 76 per for any organisation or workplace. All cent at FO2, 52 per cent at FO5 and no women the literature findings conclude that at FO7. The Review notes that consistent with higher numbers of women means police employees, there is some increase in the less corruption, more productivity, a representation of women within the very small better workplace. From my experience, numbers at the executive level. that appears to be the case (male interviewee). The combined problems of high concentrations of female public servant employees at very junior If you come towards more equitable levels and the workforce’s experience that public gender balance, the use of force servants are the most dispensable in times of decreases, satisfaction with police financial constraints, is likely to exacerbate the increases and productivity improves gender pay gap in the organisation. In addition, (senior manager). the Review heard on several occasions that VPS This fits with a number of reports in recent years 2 level employees within Victoria Police frequently which have found that gender balanced teams worked at higher levels than VPS 2 employees perform better.136 In addition, some argued within other parts of the public service. The of the need to increase the representation of below quote summarises these issues: women to improve the organisational culture: The majority of my staff are female VPS Predominantly, VicPol members 2. If you compare VicPol VPS with other are caucasian and male. This VPS – VPS classifications within VicPol contributes to a ‘white boys club’ are perceived to be lower on average mentality in which women, people of than other public sector organisations. It diverse cultures and people of diverse is also the VPS cohort that is always cut sexual orientations feel excluded due to financial constraints compared (female survey respondent). with sworn numbers (female interviewee). As part of the performance framework under I wanted more female officers. Recommendation 3, Victoria Police should audit I needed to break the culture comparative remuneration between men and (executive interviewee). women, benchmark, and review this annually as outlined in the Workplace Gender Equality Act 2012 (Cth). 136 See, for example, Australian Human Rights Commission, Supporting Working Parents: Pregnancy and Return to Work National Review Report (2014) 14–20; McKinsey&Company, Women Matter 2: Female leadership, a competitive edge for the future (2008); Australian Stock Exchange Corporate Governance Council, Corporate Governance Principles and Recommendations (3rd ed, 2014); Catalyst, The Bottom Line: Corporate Performance and Women’s Representation on Boards (2004–2008) (2011).
154 Independent Review The Victoria Police Corporate Plan 2015–18 More women in senior roles will put notes Victoria Police’s commitment to “Create crusty old sergeants with antiquated a capable, flexible and professional workforce views of what acceptable discourse through a range of strategies, including that with a women in the workplace is, the ‘diversity of the workforce better reflects the back in their place. It will allow them to community (p7). see women as thinkers, not just baby- makers (female survey respondent). To be effective we need to reflect the community that we serve My command has a male dominated (executive interviewee). management team … When [named female] came along … she challenged The Review notes the growing evidence and the thinking (executive interviewee). support for business cases for more diverse workforces. The benefits include reputational This issue is somewhat circular as there is a benefits and attracting and retaining the right need to increase the numbers of women in employees.137 These are vital in broadening leadership roles in order to change the culture, the talent pool to increase overall workforce whilst at the same time, cultural change is capability and effectiveness. This is particularly required to dismantle the barriers facing women in light of the changing demographics of in achieving increased representation. Australia’s overall workforce. The ADF Review argues that the ADF is: You also need to look at the gender mix. You need a system that only likely to attract and retain a wider encourages and retains women. At talent pool if its work practices reflect a senior level, there is a power and the needs of a cross generational and control imbalance that may reinforce diverse workforce.138 attitudes and behaviours (senior manager). The Review suggests that the same could be said of Victoria Police in considering its future Many women in leadership positions who capability needs. Victoria Police will potentially participated in the Review felt a level of isolation be competing in a different labour market, for in their roles. different people with different skills from the Having a critical mass of women at all levels pool from which it has historically employed. In of the organisation is a vital step in achieving addition it is important to note the importance gender equality. of maximising retention in the context of the significant economic cost of the attraction, Changing demographics within recruitment and training of police. Victoria Police Participants recognised that there needed The Review notes that there has been a to be more women in leadership within the significant change in the demographics of organisation to shift attitudes and organisational police recruits in recent years, particularly the culture and prevent sex discrimination and age at recruitment. sexual harassment. The demographic of the graduates at How can we prevent these issues the academy has changed. When I was happening again or somewhere else? If a recruit, I was 23 and I was the third there are women in the workforce, you oldest person. When I was an instructor need women in management. Diversity at the academy recently, the average is really, really important age was 30. It is now common to have (male interviewee). people who are married, have kids, have had a business. There is often a
137 See for example, Australian Human Rights Commission, Supporting huge financial impost on these people Working Parents: Pregnancy and Return to Work National Review taking up with the police force too Report (2014) 14–20. (male interviewee). 138 Australian Human Rights Commission, Review into the Treatment of Women in the Australian Defence Force – Phase 2 Report (2012) 56
Chapter 7: Recruitment and retention 155 A number of participants referred to the However there was also significant backlash increase in the proportion of women in police that accompanied the changes, that still dating back to former Chief Commissioner reverberates within the organisation. Christine Nixon’s time in the organisation. For men, they think ‘if you can do it … During that time, [we] took female what does that say about me?’ And representation from 17 to 23 per cent how do you keep women out of their (executive interviewee). domain? You harass them (former executive). There was also some suggestion of changes in gender based roles at this time: There were perceptions among many participants that the work of that era had, in When Christine came in, she broke some ways, positioned the organisation well to up the squads. That was one of the address that backlash now: reasons she was unpopular in some circles. She also made it known that There is a critical mass of women policing was a much harder job for developing in different parts of the women and that it was going to change organisation and I think this is helpful (female interviewee). to starting to deal with some of the diversity challenges we have Some of the initiatives that led to the increase in (executive interviewee). police women included: Equal gender representation is The recruits had to complete a pursuit important at every rank – a big change course, with a wall you had to pull is that there are now more women yourself over. It was higher than most at senior ranks as role models and walls. Was it really necessary to be decision makers. It also follows that able to do that? Men could easily do it having women on the ground in middle because of their upper body strength. It management positions provides an was harder for women. It knocked many opportunity for members with issues women out. This part of the course was of concerns who prefer to speak with changed to instead be a table. It was a female a place to seek advice and/or seen as the end of the world! make a report. We looked at discriminating elements Building on the changes made, the Review of the selection criteria. We put heard that further change is needed to underpin more emphasis on skills such as the benefits of diversity for all, including communications. We also ran focused recognising men’s caring responsibilities: advertising. … the principles go across. We’re [There was also] the part-time work doing great work to recruit CALD, for project. We spoke to the Union about example, but once we’ve recruited, how to be more flexible with part-time then what? What’s our plan about workers. We also completed an audit keeping people from diverse of Victoria Police internal policies backgrounds? (female interviewee). for discrimination fairly soon after (female interviewee). Consistent evidence suggests that although overall, fathers have increased the time spent These examples demonstrate the significant caring for children, men’s responsibility for impact that a targeted approach can have parenting remains secondary to women’s.139 on improving gender representation in the workforce. Victoria Police has an opportunity and indeed a responsibility to play a role in driving Many participants commented that there had been a significant and positive impact 139 Thomas Johansson and Roger Klinth, ‘Caring fathers: The ideology of gender equality and masculine positions’ (2008) 11(1) Men and for women from the changes initiated. Masculinities 42–62; Tina Miller, Making sense of fatherhood: Gender, caring and work (Cambridge University Press, 2010).
156 Independent Review attitudinal change in gender roles both within … the structure doesn’t service the the organisation and more broadly. One senior organisation’s needs … what we employee told the Review: designed 160 years ago doesn’t meet the organisation’s needs today in It has to start in the Academy and relation to training, recruitment etc even before that, during the selection … a mandatory, generic recruitment process. We are in a situation where we have changed nearly a third of our process [gets] one type of person workforce in the space of five years. (EXECUTIVE INTERVIEWEE). This is the best opportunity we will have had in a long time for a proper piece of cultural change (executive interviewee). Chapter 5 discussed the legal framework for recruitment under the Victoria Police Act. In Understanding what constitutes ‘balance’ terms of organisational policy: for women cannot be achieved without also considering the role of men.140 For example, Victoria Police is committed to provide improving access to flexible working a comprehensive recruitment process arrangements is likely to encourage men to to ensure that police recruits and consider taking up more caring responsibilities officers reflect the organisational or spend more time with their children. values and community expectations in delivering policing services to the There are two key elements to the recruitment community of Victoria. In doing so, and retention process within Victoria Police Victoria Police will actively attract that relate to the remit of the Review. The first is and recruit people who represent the recruitment and retention of women within the community in terms of gender, Victoria Police. The second is the recruitment diversity and race as well as reflecting and retention of people with problematic community aims and aspirations. attitudes in terms of gender equality who may, in particular circumstances, pose a risk Victoria Police aims to attract applicants to women in Victoria Police and the broader who would add organisational value workforce. Both will be examined in this chapter. to the organisation. That is, skills and attributes to Victoria Police in terms of value adding and service excellence. Attraction Organisational value may differ from time to time and include such attributes This section of the report addresses the as relative [sic] tertiary qualifications, recruitment of police and PSOs at the base particular knowledge of a particular level. Recruitment for this group in terms of community, language other than lateral entry is discussed in the following English, computer and/or information chapter. In addition, this section does not focus technology skills, relevant prior on public servants as concerns for this group experience or any other skill noted by focus on lateral entry and career progression. the organisation as desirable.141 These issues are also discussed in the following chapter.
140 Paula McDonald and Emma Jeanes (eds), Men, wage work and 141 Victoria Police Manual (VPM), VPM Instruction 301-2 Police family (Routledge, 2012). Recruiting (updated 14/2/14) 1.
Chapter 7: Recruitment and retention 157 Recruitment enquiries and reputation of different models of policing.144 Lessons could be learned from the Australian Defence Force Around 30 per cent of recruitment enquiries Review and recent changes within the ADF in to Victoria Police come from women142. This this area. proportion has remained relatively consistent over the past five years. The Review understands that a review has been undertaken by the Applicants Attraction Team For PSOs, women comprised 13 per cent and with an external consultant to address issues of 14 per cent of all enquiries to join PSOs in 2013 attractors and detractors for women in policing. and 2014 respectively.143 The Review supports this work, and notes The considerably lower numbers of women than that it should occur in line with the strategic men enquiring about joining Victoria Police as vision from this Review and recent organisation sworn officers and particularly as PSOs would strategic directions in policing. suggest that there is something in the reputation of the organisation that makes it more attractive The recruitment process to men than women. This may partly reflect community perceptions about the nature of the A very small percentage of people who enquire work as stereotypically male. about joining Victoria Police become recruits. The Review understands that the organisation The Review suggests that community has made some enhancements to most phases perceptions are shaped by the way of the recruitment process over the past six the organisation represents itself, both months in order to select the most suitable unintentionally through incidents that come to applicants. The current process includes: the attention of the public but also intentionally through promotional activities and advertising. • An online application A key step to increasing the representation of • Victoria Police Entrance Exam women in the organisation is increasing interest • Initial background checks among women in the community in joining • Telephone screen interview Victoria Police. • Fitness test It is also crucial to change organisational • Psychological screening practices to improve the treatment of women • Medical examination and to be more family friendly. There is also • Comprehensive background checks significant potential to speak about policing differently, and in different forums, as a way • Selection interview of attracting more women from the community The data provided by Victoria Police in the to the organisation. Victoria Police has moved below table demonstrate that women are in some way towards this in recent years however fact more likely to be successful at proceeding there is opportunity for more work in this area through the full police recruitment process and better alignment with recent organisational than men. It is still important, however, given directions that recognise and promote the value the relatively low overall numbers within
Table 1: Percentage of women and men who successfully pass through the police and PSO recruitment processes Full Process Post Exam Male Female Total Male Female Total PSO 2.4% 1.9% 2.3% 6.9% 5.8% 6.8% Police 2.9% 4.4% 3.4% 10.0% 11.3% 10.4% 142 Victoria Police Data, Recruitment enquiries, Academy resignations, received 12 June 2015. 143 These were the only two years for which reliable data could be provided by Victoria Police following the commencement of the 144 For example, State of Victoria, Victoria Police Blue Paper: A Vision Transit PSO program. for Victoria Police in 2025 (2014), 32.
158 Independent Review the organisation, to look at any barriers to Notwithstanding recent changes to fitness recruitment. requirements aimed at increasing women’s representation and diversity more broadly Women are considerably less likely than men to (for example, removing the ‘wall climb over’, complete the PSO recruitment process (1.9 per removing the swimming test for PSOs and cent compared to 2.4 per cent conversion rate increasing the focus on areas such as from point of enquiry) suggesting that there may communication) the fitness test is still the be some particular barriers to the recruitment biggest point of attrition for women during the of PSO women. recruitment process. In the absence of detailed information relating From September 2013 to September 2015, 37 to attrition during the recruitment process, the per cent of prospective female police recruits Review heard only anecdotal evidence about did not pass the fitness test. This is compared the reasons that women were withdrawing from to 28 per cent of all prospective recruits both the application process. It would be appropriate male and female.145 for the organisation to formally collect and monitor information about reasons for attrition In the same period, 57 per cent of female PSO during recruitment processes as part of broader applicants dropped out at the fitness gateway monitoring under the Equity and Diversity compared with 24 per cent of all prospective strategy. This monitoring would assist with an recruits both male and female (despite the understanding of gender recruitment patterns removal of the swimming test).146 and barriers to increasing workforce diversity These differences between male and female and allow targeted intervention strategies. pass rates for the fitness test are highly Although there is no data available which significant, particularly for PSOs. The Review compile the reasons for attrition at recruitment, was told informally that PSO applicants often Victoria Police do hold data in relation to come from cultural backgrounds where physical particular points of attrition. exercise is not necessarily prioritised for women. Again, formal monitoring is essential to The fitness test was the key point of attrition for enable a comprehensive understanding of the women joining both police and PSOs. issues and target interventions appropriately. The fitness test Assessing actual requirements of the role Many Victoria Police employees told the Review The Review recognises that the revised test that the fitness test was the area that has which assesses average levels of fitness for traditionally worked against the recruitment of age and gender was introduced in an effort to women. One participant noted: reduce barriers to the recruitment of women. … I remember being at the Academy and Notwithstanding this, a fairer standard would a fit young woman failed the test because be to look at the role being recruited to and to she couldn’t get over the wall … There develop a reasonable and objective entry test was an overweight guy next to her lying around the genuine and inherent requirements on the ground panting and he passed. I of the position. If there is a particular level of knew that something was wrong with the fitness or there are physical capabilities that testing. Did we want to test for people’s are required of all recruits in the role, then that fitness or to see if individuals could standard should be applied across the board, perform specific tasks? We developed to both men and women. standardised testing around fitness that The Review acknowledges the need to strike was consistent with age and gender. We a balance between Occupational Health and took the view that if you wanted to be Safety requirements and the need to ensure that a cop you needed the median level of applicants are not discriminated against in the fitness or better for your age and gender. process. This removed one of the big barriers to recruitment (senior manager). 145 Victoria Police Data, Recruitment Services Branch, October 2015. 146 Victoria Police Data, Recruitment Services Branch, October 2015.
Chapter 7: Recruitment and retention 159 Where there are additional reasonable physical meeting physical standards required for further requirements in particular areas, such as progression or career development) to assist specialist squads, it would be appropriate to them understand the fitness requirements could have additional physical tests to demonstrate be one aspect of ensuring that a one-size-fits- physical fitness for performing the roles when all fitness test is reasonable. It would also assist selecting people for work in these areas. with maximising recruitment opportunities. This However, it is incumbent on management to is in line with the Victoria Police Blue Paper demonstrate the reasonableness of the fitness which talks about swimming proficiency and tests based on the inherent requirements of the physical conditioning short courses as ways of positions. This Review should inform the work diversifying the workforce.149 that Victoria Police is undertaking to review the Recommendations are set out in capability framework. Recommendation 6. A similar process was undertaken by the Australian Defence Force in relation to the Recruitment patterns removal of gender restrictions on combat roles. This work was underpinned by establishing PSOs objective physical employment standards The new Transit PSO program commenced in through the establishment of a physical 2012. Since that time, 121 female and 1119 employment standard centre of excellence at male PSOs have been recruited (10 per cent 147 the University of Wollongong. female). Encouragingly, there has been an There is a risk that having a standard fitness increase in the proportion of female recruits this test for both men and women based on inherent year (as at August 2015) from 8 per cent in 2014 requirements of the position could potentially to 14 per cent of total PSO recruits (after slight disadvantage female applicants. Victoria Police drops in 2013 and then again in 2014). will need to show they have assessed the physical requirements of the particular roles, Police and have objective evidence to support the As of August 2015, 51 per cent of police components of the fitness test decided upon, recruits for this calendar year have been female. in order to meet the evidentiary onus to show Although it was noted above that women do that the condition, requirement, or practice is slightly better in terms of passing the full reasonable in all the circumstances.148 recruitment process and being placed on what is known as the ‘Order of Merit’, this does not Support in preparing for the fitness test appear to fully account for the discrepancy There is extensive information on the Victoria between the proportion of female enquiries and Police careers website about the application female recruits in 2015. The Review understands process, including the fitness test and how to that the discrepancy is in part a result of a prepare for it. Indeed, the Review is aware that recent and positive change in strategy by the there are private providers who target fee for Human Resource Department to recruit more services to support people in their preparation women from the order of merit. for the process. In order to address any The Review heard that, for some participants, potential indirect discrimination and improve the absence of formally communicated policy recruitment outcomes, the organisation has a on these issues, was in itself problematic: responsibility in supporting potential recruits in preparing for the test. … The effect of the new policy is evident in the current Gazette with Providing additional support to prospective recruit appointments being close to recruits (or existing police where it relates to 50/50 gender split as opposed to 20–25% historically. Whilst I support 147 Australian Government, Department of Defence, Removal of affirmative action, these types of Gender Restrictions on Australian Defence Force Combat Role Employment Categories, Implementation Plan (nd) < http://www. defence.gov.au/women/docs/Implementation%20Plan2.pdf>. 149 State of Victoria, Victoria Police Blue Paper: A Vision for Victoria 148 Equal Opportunity Act 2010 (Vic) s 9. Police in 2025 (2014) 41.
160 Independent Review Figure 24: Women as a percentage of police recruits by calendar year (to August 2015)
51% 48%
41% 41%
35% 32% 32% 31% 31% 31%
25%
60 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015
Victoria Police data provided 9 September 2015
decisions make it difficult for women to Targets: The Legal Context ‘prove’ that they are in this organisation Equal opportunity laws work to permit based on merit and not because of organisations and employers to set targets and their gender. … I get the sense that quotas in order to promote substantive equality this ‘process’ is very underhanded and for disadvantaged groups with a particular done on the quiet so as not to raise attribute. Under the Equal Opportunity Act, this these types of questions and related is described as taking a “special measure”. discussions … A special measure is where a person or (female survey respondent). organisation takes proactive steps to help This quote illustrates two concerns raised by disadvantaged groups through targeted some participants that have implications for this assistance. Special measures are not unlawful Review. The first relates to attitudes towards discrimination and do not require the person actual or potential implementation of measures or organisation to seek an exemption from the to prevent discimination. The second relates to operation of the Equal Opportunity Act from the a perceived lack of organisational transparency. Victorian Civil and Administrative Tribunal.
Chapter 7: Recruitment and retention 161 There are a number of criteria for targeted Indeed, strong, explicit leadership on the need assistance to amount to a special measure.150 to give women a ‘fair go’ in the organisation The measure must: will be required to implement the changes recommended by this Review (see Chapter 6 for • be undertaken in good faith to help promote further discussion). or achieve substantive equality for members of the group The Review considers that positive steps • be reasonably likely to achieve this purpose should be taken to deliberately increase the recruitment and retention of women within • be a proportionate way of achieving the Victoria Police. The Review welcomes recent purpose, and moves by Victoria Police in this area however • be justified because the members of notes that it is important that the organisation the group have a particular need for is transparent in its approach and addresses advancement or assistance. any negative attitudes towards taking special A person or organisation does not have to measures for these steps to be fully successful prove that the measure will in all circumstances, and welcomed within the organisation. promote substantive equality for a group – rather that it is likely to do so. New recruits The Review has established that the lack Barriers for women in terms of recruitment to of representation of women within Victoria police and PSOs mark the beginning of a series Police, including within leadership, is extremely of challenges to women’s full participation problematic. It is both a symptom of and and advancement within Victoria Police. Once contributing factor to sex discrimination and through the recruitment process and added sexual harassment within the workforce. to the Order of Merit, new recruits must await Significant measures are required to rectify appointment to a squad to commence training, this situation. however: If Victoria Police formalised targets until such a A woman cannot start at the Academy time as the organisation achieves 50 per cent if she is pregnant; having carer women in the organisation, it would be able to responsibilities means you can’t systematically prioritise the recruitment and complete the course. If you don’t promotion of women through, for example, live within reasonable distance, then recruitment drives particularly aimed at women training must be undertaken on a recruits. These measures would help to ensure residential basis. Once completed, that there were greater numbers of women there is no guarantee where you will throughout the ranks, but more specifically in be posted which has implications for more senior and leadership roles (discussed people who wish to or already have in Chapter 8). This would greatly benefit the children. If you get through the training, workplace culture of Victoria Police, act to then the reality of policing is that it’s prevent sexist or discriminatory attitudes and shift work. Nowhere do they provide provide role models for more junior staff. adequate resources for shift workers to meet their family obligations such Targets and associated recruitment policies as with child care. Individuals have to and practices would be reasonably likely to negotiate their own work arrangements. promote gender equality within the workplace at For those who negotiate flexible work a number of different levels and work to prevent arrangements, they are often regarded sex discrimination and sexual harassment. as a burden on the roster Any such measures would need to sit within (The Police Association Victoria). a clear formal policy framework, such as a Refusing access to the academy to a woman broader organisational equity and diversity who is pregnant or someone with caring strategy and be supported by a strong business responsibilities could amount to unfavourable case and internal communications strategy. treatment by denying the person access to an 150 Equal Opportunity Act 2010 (Vic) s 12. occupational training program under sections
162 Independent Review 16 and 18 of the Equal Opportunity Act. Police Integrity noted: Any unreasonable condition, requirement or practice in relation to accessing the academy Recruitment of suitable candidates training course would also amount to indirect would be improved by more intrusive discrimination if it disadvantaged women or background screening and a more people with caring responsibilities under the rigorous approach to interviewing 151 same sections of the Act. candidates. The lower numbers of women coming into One participant spoke, for example, of: Victoria Police – save for police recruits this year … a male employee who stalked a – coupled with the barriers to full participation female member. He had been checked in the workforce (discussed later in this chapter prior to recruitment but he also didn’t and in Chapter 8) mean that there are fewer disclose any previous issues. It women in the workforce and therefore fewer in transpired that he had stalking charges the pipeline for promotion. from other states (female interviewee). As set out in the Action Plan there should be The Review heard that there have been recent an explicit target for the recruitment of at least changes to recruitment processes. The 50 per cent women to future police and PSO Victoria Police careers website refers to entry squads with monitoring and reporting on this requirements.152 target through the Command’s Equity and Diversity Strategy. This target should remain in The recruitment policy discusses applicants place until each of the two work categories are needing to be ‘of good character’.153 The focus comprised of 50 per cent women. here is on any previous criminal offences in the applicant’s background, including excessive Recruitment of people who have potentially driving offences. A range of probity checks also discriminatory attitudes towards women take place in relation to whether the applicant is of good character, including attitude testing. Earlier in this chapter, it was noted that to improve safety and gender equity in the This process appears to be for new recruits workplace, there needs to be an increase rather than for those being recruited through in the representation of women across the lateral entry (see Chapter 8) who sometimes organisation, and consideration given to expressed surprise at not being asked to whether there is currently a process that allows participate in psychometric testing. the recruitment of people who have potentially Pre-employment screening must specifically discriminatory attitudes towards women. relate to the job that is being performed, and employers must be careful to ensure they collect relevant information and do not make … I think these members do not requests for information that can be used suddenly become predators because to discriminate against an applicant. Given they have joined Victoria Police. I Victoria Police is charged with maintaining believe that they have had a history good order and safety within the community, as of this type of behaviour and the well as investigating and prosecuting criminal police force has provided a level of offences, it is safe to say that screening for authority to make the people more “good character” is an essential aspect of confident to exhibit these behaviours any new recruit, reservist or PSO. However, (male survey respondent). as an employer, Victoria Police must also take
151 Office of Police Integrity, Enabling a flexible workforce for policing in There are many people seeking employment Victoria (2011) 20. with Victoria Police. As for all organisations, 152 These include good character and reputation; education; citizenship; fitness; driver’s licence; first aid certificate; medical not all of the people attracted to it are the requirements; communication competence; and disclosing right people. In its report Enabling a flexible associations. See
Chapter 7: Recruitment and retention 163 reasonable steps to eliminate discrimination and attrition during recruitment, the collection sexual harassment within the workplace.154 of data which captures the reasons for resignations would be fruitful in understanding Given the findings of this Review, it is essential turnover as it relates to gender. A key focus that those with discriminatory attitudes towards for this would be learning any lessons relating women or disadvantaged groups within the to the experiences of new recruits and community are identified as early as possible. probationary constables within the organisation. It is important to monitor how this attitude screening is impacting on who is recruited, The need to collect and monitor exit trends wherever they are recruited to within the across the workforce is noted further in organisation. It may be that within the good Recommendation 6. character test, more emphasis should be placed on values and values testing. If this is Length of service and age at leaving the case, it is essential to ensure that gender Workforce data shows that the average age and diversity attitude screening is being of women at different ranks is slightly lower conducted according to best practice. than men.156 This could mean that women are Further discussion about dealing with personnel achieving levels sooner than men, however this who are already employed who are identified suggestion is inconsistent with other evidence as having discriminatory attitudes is provided in received by the Review. It is more likely to reflect Chapter 8. different patterns of workforce attrition. Recommendation 6 requires that Victoria Police This assertion is supported by the organisation’s reviews its recruitment practices to ensure they separations data which demonstrate that in align with best practice in screening to ensure 2013/14, the average age of women leaving the attitudes and expectations of all future Victoria Police was 41 with an average 14 recruits align to the values and vision of the years of service. For men, the average age of organisation, including an emphasis on respect separation was 48 with an average 23 years and diversity. of service. This has shifted from 2005/6 where women left at 37 with an average 12 years of Retention service and men at 46 with an average 23 years of service.157 The case for change presented above demonstrates that as important to increasing The consequence of this attrition by age the recruitment of women is retaining those pattern is that men who leave Victoria Police already within the organisation. today joined younger and stayed longer than women. This would impact on the likelihood of Patterns of workforce attrition ultimately achieving the higher ranks within the organisation. Resignations from the Academy The separation trends are not as clear for The Review examined data on resignations public servants although women still leave at by gender from the Academy155 and was a younger average age than men. Women left not able to draw specific conclusions about at an average age of 34 in 2005/6 and 40 in discrimination in the initial stages of a career in 2013/14 with an average of 4 and 7 years of policing. For example in 2014/15, 20 men and service respectively. Men left at an average no women resigned, whereas in the previous age of 36 in 2005/6 and 43 in 2013/14 with an year, 17 men and the same number of women average of 4 and 8 years respectively. resigned. This suggests that public servants of both For PSOs, only two women have resigned from sexes are staying considerably longer and to an the Academy in the past five years compared older age than was the case eight years before. with 72 men. As noted above in relation to
154 Equal Opportunity Act 2010 (Vic) s 15. 156 Victorian Police Data, Recruitment enquiries, Academy resignations received 12 June 2015. 155 Victoria Police Data, Recruitment enquiries, Academy resignations, received 12 June 2015. 157 Victoria Police Data – Separations, received 16 June 2015.
164 Independent Review It also demonstrates that public servants within Attrition and workplace flexibility the organisation stay for considerably less time The Office of Police Integrity noted that the than police. provision of flexible work arrangements was key For PSOs, the 2013/14 data suggests that the to attracting and retaining the right employees. average age of separation was 34 for women Further, it was suggested that: and 40 for men with one and two years’ service respectively. This is likely to be largely a Victoria Police employees need to reflection on the short length of time since the have the right skills and commitment to commencement of the Transit PSO program so providing high quality policing services it is too soon to identify trends for this group in to the community, but in a tight labour relation to length of stay. market, they are increasingly likely to demand more family friendly work It should be noted that there are examples environments, career development of where this issue has been addressed and opportunities and appropriate length of service for women has significantly remuneration.158 increased. The Australian Army, for example, has achieved in the past an average greater Currently, workplace flexibility is less than length of service for women than men. optimal in Victoria Police. A range of structural factors impinge on the ability of police to Reasons for attrition access flexible work arrangements and avoid significant negative career consequences when The key to the retention of women is providing they do so. Also problematic are historical and a safe, equitable and flexible workplace that traditional notions of the nature of policing as allows full participation in the organisation as a masculine, physical occupation requiring well as the opportunity to enjoy a family and tough men who are 100 per cent committed other life activities. – interpreted, in most cases, as being full- time – and without primary care or other Attrition and workplace harm responsibilities outside of the workplace. These Evidence presented earlier in this report structural constraints and traditional notions of suggests that gender stereotypes around policing disproportionately impact upon women, sexual reputation as well as sexual harassment including perpetuating hostile attitudes towards including predatory behaviour contribute to a women. hostile work environment and are the cause of Although it is no longer the norm for employees some women choosing to leave the organisation. to cease working with Victoria Police to raise She left disillusioned because of that a family, the Police Federation of Australia’s kind of behaviour. The organisation submission to the Supporting Working Parents: and the community lost a great worker Pregnancy and Return to Work National Review (male interviewee). examined the Victoria Police Workforce statistics and suggested that: There is also attrition relating to victimisation and in some cases, misplaced performance The greater numbers of younger management of women speaking out about female police officers and the lower such behaviour. incidence of female officers with children indicate that as women start … I felt that I was under greater to bear children they tend to leave the scrutiny than ever before. Everything police force. The relatively low rate of I did was suddenly looked at with a part-time employment in the police magnifying glass … Not long after force also supports this conclusion.159 that meeting I resigned (written submission). 158 Office of Police Integrity, Enabling a flexible workforce for policing in Victoria (2011) 6. Chapter 4 provides a discussion of these issues 159 Police at Work, Wave 2 cited in Police Federation of Australia, and recommendations throughout the report Submission to Australian Human Rights Commission, Supporting Working Parents: Pregnancy and Return to Work National Review aim to begin the process of change in this area. (2014) 1.
Chapter 7: Recruitment and retention 165 The submission suggests that women continue • the employee has a disability to have to choose between family and career. • the employee is 55 years or older Women usually stay in until they are at • the employee is experiencing family violence; child bearing age, after about 10 years or (executive interviewee). • the employee is providing care or support to an immediate family member who is One former senior public servant noted work experiencing family violence. done almost a decade ago that: This entitlement is partially incorporated within … looked at other ways to increase the the Victoria Police Force Enterprise Agreement numbers. We looked at when people 2011 (VPF Agreement), and the Victorian left the organisation. Many women Public Service Workplace Determination 2012 left when they got married and had (VPS Determination).160 In addition, the VPS children. We tried to bring them back Determination and the VPF Agreement provide in. We also did a quality part-time work that employees can request to work part time, project … People don’t want to come including after returning from parental leave.161 back to shitty part time. There were lots of women working in areas like The Victoria Police Workplace Flexibility policy Prosecutions because it was 9am–5pm (VPM 302–1) expands on those entitlements, (female interviewee). and refers to workplace flexibility as “the application and/or alteration of a working There is a clear intersection between attrition arrangement in a way that meets the needs of relating to workplace harm and organisational Victoria Police and the needs of the employee; attitudes towards workplace flexibility. Key areas achieved through mutual collaboration for in which these issues can be witnessed relate to mutual benefit, which may be for a short or the attitudes towards and treatment of women long-term period.” The policy lists 22 flexible who become pregnant, take parental leave, work arrangements which include part-time return to work after parental leave and access employment and parental leave as well as a part-time employment. range of other options from purchased leave to study leave to supplementary and voluntary Part-time and Flexible Employment duties. Job-sharing and working from home are not included in these examples. The legal, industrial and policy framework There are a number of other policies/guidelines/ Chapter 1 provides information in relation to statements within the Victoria Police Manual the Equal Opportunity Act. Relevant here are which guide flexible work and part-time work provisions relating to direct discrimination on within Victoria Police.162 The Review has a the grounds of sex, pregnancy and potential number of concerns about the industrial and pregnancy and parent and carer status as well policy framework which underpins accessing as provisions relating to indirect discrimination. flexible working arrangements. These are set Other key legislation here is the Fair Work Act. out in more detail below. Victoria Police personnel who meet the length of service requirements are entitled to request flexible working arrangements under section 160 Victoria Police Force Enterprise Agreement 2011, AE889678 (19 65, which can only be refused on reasonable December 2011) cl. 15; Victorian Public Service Workplace business grounds. The grounds under section Determination 2012, AG895510 (23 July 2012) cl. 47. 161 Victoria Police Force Enterprise Agreement 2011, AE889678 (19 65 of the Fair Work Act upon which flexible work December 2011) cl. 31.1, 134.1(c); Victorian Public Service can be requested are where: Workplace 2012, cl. 46.12.1(c). 162 VPM Instruction 302-2 Hours of Work Attendance (updated • the employee is the parent, or has 08/12/08); VPM Instruction 309 – 23 Pregnancy in the Workplace responsibility for the care, of a child who is (updated 06/10/08); VPM Instruction 302-5 Part Time Employment; VPM Instruction 302-4 Flexitime (Unsworn Employees Only) (issued of school age or younger 07/05/07); VPM, Organisational Policy Statement – Equal Opportunity (updated 22/12/14); VPM Policy Rules Leave (updated • the employee is a carer within the meaning 16/01/13); VPM Procedures and Guidelines Parental Leave (updated 11/02/13); VPM Procedures and Guidelines of the Carer’s Recognition Act 2010 (Cth) Commonwealth Paid Parental Leave Scheme (updated 12/02/13).
166 Independent Review Accessing Part-time and Flexible members overall were utilising flexible work Employment arrangements.
Police PSOs According to Victoria Police data, in April Of the 107 female PSOs across the ranks in 2015, just over 20 per cent of the female April 2015, none worked part time and only one police workforce was working part time. This was utilising one or more flexible arrangements. proportion varies according to rank. Of female Interestingly, 15 (1 per cent) of the 1071 male senior constables, just over 30 per cent were PSOs across the ranks had flexible work employed on a part-time basis, while no women arrangements and one was reportedly part were employed on a part-time basis above the time.164 This is despite the Review being told rank of Senior Sergeant. that part-time employment was not possible for Transit PSOs. This pattern of part-time work utilisation echoes that found in many other industries and Public servants workplaces where seniority is characterised by commitment and organised according Public servants appeared to have much to hierarchical career trajectories which more access to flexible work, and part-time are predicated on years of continuous, work in particular, than did police, especially uninterrupted service.163 women. There is little difference between the entitlements to access flexible working A lack of access to part-time employment arrangements in the respective industrial arrangements is likely to be highly significant agreements for the two in this regard, so it in explaining the drop off of women after is likely that the difference in utilisation is a the senior sergeant level. Even at the senior consequence of characteristic cultural and sergeant level, there were only three women structural constraints in the two environments (3 per cent of female senior sergeants) who rather than the VPF Agreement. This is explored were employed on a part-time basis. further later in this chapter. 26 per cent of women in the police had flexible employment arrangements. It should Paid and unpaid parental leave be noted that this includes those working Victoria Police data for April 2015 was examined part time. As with part-time, access to flexible to estimate the proportions of different work arrangements was skewed to the lower employee groups accessing paid and unpaid ranks with only three out of the 47 women at parental leave. 165 inspector rank or higher (6 per cent) defined as having ‘flexible’ employment. Almost 38 per cent of senior constables had flexible work arrangements while only nine per cent of women had flexible arrangements at the senior sergeant level. Just under 2 per cent of male police were employed on a part-time basis, with this again being heavily skewed towards senior constables. Two senior sergeants and one inspector were the highest ranking members working part time. Only 6 per cent of male
163 Pamela Stone and Lisa Ackerly Hernandez, ‘The all-or-nothing 164 Victoria Police Workforce Data April 2015, received 12 June 2015. workplace: Flexibility stigma and ‘opting out’ among professional- managerial women’ (2013) 69(2) Journal of Social Issues 235-256. 165 Victoria Police Workforce Data April 2015, received 12 June 2015
Chapter 7: Recruitment and retention 167 Police As part of the employee communications strategy in Recommendation 4, Victoria Police In terms of parental leave, a total of 372 should consider ways of championing senior female police were on paid parental leave men and women who access flexible work (255) and unpaid parental leave (117). arrangements, including part time and parental Together, this makes up about 10 per cent of leave. policewomen in the organisation. No woman As part of work (Recommendation 7) to improve above the rank of sergeant was on parental understanding and access to flexible work leave (either paid or unpaid). arrangements, Victoria Police should ensure data collection and monitoring captures access Of male police officers, 359 were on either to flexible employment options for both women paid parental or unpaid parental leave. It is and men and any reasons for not accessing any understood that this was almost exclusively entitlements in this area. on a short term basis as the secondary carer. The policy provides for a period of two weeks leave in this case. Women’s experience of discrimination in relation to starting families and accessing PSOs flexible work arrangements: From Of 107 female PSOs across all levels, two were on paid parental leave and one was on unpaid pregnancy to part time parental leave. Of the 1071 male PSOs, 54 were on parental leave (49 of whom were PSOs and Women experienced both overt and subtle five at higher levels), with two at the PSO rank discrimination. The Review heard consistent on unpaid parental leave. feedback from employees of: • unsupportive attitudes to parental leave Public servants • lack of keeping in touch during maternity The proportion of public servants taking leave and lack of support on return to work parental leave was more evenly distributed • lack of access to part-time or other flexible across the levels. This is likely to be because, work on return from parental leave unlike for police, there are no ‘time at rank’ • a general attitude of hostility towards women requirements. in the workplace on the basis of their 3 per cent of male public servants were taking flexible work options and sometimes more either paid or unpaid parental leave, at the generally towards women on the basis of particular point in time. It is unclear whether this their perceived potential to access these leave was as a primary or secondary carer. provisions. Improved data collection and monitoring would The Review amassed considerable evidence assist the organisation to understand nuanced of women’s experience of direct and indirect patterns of parental leave taken by men and to discrimination in Victoria Police in relation to target interventions appropriately. This would starting families and accessing flexible working provide insights in relation to whether men are arrangements. becoming parents and if so, the reasons behind whether or not they access their entitlements for Pregnancy and parental leave: caregiving and exactly which entitlements they The legal and policy framework access. When an employee is pregnant and fit to work, but as a result of their pregnancy they are unable to perform their normal duties safely, the Fair Work Act provides that the employee is entitled to be transferred to a safe job if one is available with no other changes
168 Independent Review to the employee’s terms and conditions of asked for the name of the unit ‘that employment.166 the women go to when they were pregnant’. They were alluding to the An appropriate safe job is one that has the area of Senior Connies same ordinary hours of work as the employee’s (female interviewee). existing role, or different hours with their agreement, and must be paid at the same There were sometimes examples of good rate of pay.167 This is often described as being practice in relation to employment opportunities placed on ‘safe duties’ or ‘light duties’. This for pregnant women, for example: transfer to a safe job entitlement is also found in the two industrial agreements.168 It’s about providing more opportunities, perhaps more flexibility. If a person The Victoria Police Policy on Pregnancy in the is a good worker, I will let them work Workplace states there should be an option at home. If they are hardworking and to undertake meaningful, alternative duties at productive, I will provide them with the appropriate level to ensure the employee this flexibility. This can sometimes and her unborn child are not exposed to health be difficult with our information and safety risks. The focus of the policy is on systems and security. There’s room for agreement through discussion between the improvement (executive interviewee). manager and the pregnant police member, with reference to a range of things including risk … she became pregnant and they assessment and medical advice. The policy put her into the property office in the explicitly states that “(m)anagers should not basement. Someone told me she was make assumptions about the capabilities or very good so I brought her up … She preferences of the pregnant employee”.169 went from being a sergeant to acting inspector – she said that was the one Women’s experiences of pregnancy and time someone helped her. There can parental leave in the workplace be prevailing thinking that people who are pregnant or part time become less In practice, the Review heard concerns about useful or worthy … they get sidelined types of duties provided to pregnant women and they can’t realise success because and potential discrimination associated with this of the way success is measured allocation of duties. … It discriminates against women. Often they get menial work when Interestingly, there has been a shift in they’re pregnant so there’s more men wanting to see their families discrimination because of a lack of and having some balance too … understanding of what work they can (former executive). be given (female interviewee). These examples suggest, however, that the … it is viewed as an inconvenience, treatment of pregnant women and those and these women are expected to work accessing flexible work arrangements was all weekends if they are part time or something of a lottery and reliant on favours by expected to go to crime desk, DIU or managers rather than being based on good, another low key position within Victoria clear policy which is compliant with legislation. Police (female survey respondent). All personnel at Victoria Police are entitled to paid and unpaid parental leave in accordance Recently, someone rang up about a with the Fair Work Act and their industrial temporary assignment position. They agreements.170 Whilst on leave, the Fair Work
166 Fair Work Act 2009 (Cth) s 81. Act provides for paid ’keeping in touch days’ 167 Fair Work Act 2009 (Cth) ss 81(3)-(4). whereby the employee can perform work or 168 Victoria Police Force Enterprise Agreement 2011, AE889678 (19 December 2011) cl 120; Victorian Public Service Workplace Determination 2012, AG895510 (23 July 2012) cl. 46.15. 170 Victoria Police Force Enterprise Agreement 2011, AE889678 (19 December 2011) AE889678 (19 December 2011) Part 15; Victorian 169 Victoria Police, VPM Instruction 309-23 Pregnancy in the Workplace Public Service Workplace Determination 2012, AG895510 (23 July (updated 06/10/08). 2012) cl. 46.
Chapter 7: Recruitment and retention 169 attend training or meetings, which will not break I felt alienated. And abandoned. I am the continuity of the employee’s parental leave amazed how much identity I have got period.171 The employer should also be keeping back since going back to work – I didn’t in touch with an employee on parental leave to realise how ingrained being a police consult with them about any major changes in officer is in my personality (female the workplace or any decisions that will have an interviewee). impact on their pay, status or location of work.172 In the absence of an organisational approach In terms of women on parental leave, it was also in this area, the Review heard that local policies suggested that: and programs often arose. For example:
Maternity leave tends to break the A Sergeant in [one area] has found a cycle of women going through the gap. … She has set up a [program]. organisation. How do you keep them The Inspector and the Superintendent exposed and trained up? There’s more have been very supportive. It’s still in thinking that needs to be done around its infancy but is a clear example of the this. We have some exceptional workers organisation failing to have something and we need to think about how we in place and this area taking the can best support them (executive initiative (female interviewee). interviewee). The employment barriers for carers, and the This is an important question of how to support nexus between caring and career opportunities employees in maintaining career momentum has been a key focus for many employers. In in the context of having children and caring the 2013 report: Accelerating the advancement responsibilities. In addition to the legislative of women in leadership: Listening, Learning, framework provided above, the VPM – Leading, the Sydney-based Male Champions of Procedures and Guideline in relation to parental Change initiative noted on page 33: leave state that: Traditionally, the most common route to Work Unit Managers should maintain professional success has not included regular communication with employees career breaks and visible caring who are on parental leave, and make responsibilities. Many women’s career suitable arrangements prior to their trajectories plateau following parental departure. This arrangement may be leave events – people often assume formalised in accordance with the Keep women are more interested in a job, in Touch Program (female interviewee). rather than a career. Jobs and career paths need to be redesigned with It was suggested, however, that: consideration to people with caring and At the moment there is no formal career responsibilities, or the ‘double keeping in touch program … For the burden.’ workforce to be more inclusive, we The Australian context, including need to keep in touch with women on childcare, transport options, travel maternity leave (female interviewee). distances and societal norms, make the I think if I had had more contact – or ‘double burden’ even heavier. But there had the option of more contact at is a generational shift underway, with least – that would have been good. men wanting a greater role in caring. Some people wouldn’t want to have We need to support this for true gender them in contact – but you should be balance. able to have the offer of more support. The report outlined the need for a four step process to change processes and 171 Fair Work Act 2009 (Cth) s 79A. mindsets across the parental leave 172 Fair Work Act 2009 (Cth) s 83; Also see Victoria Police Force Enterprise Agreement 2011, AE889678 (19 December 2011) 2011, cycle. cl. 133; Victorian Public Service Workplace Determination 2012, AG895510 (23 July 2012) cl. 46.18.
170 Independent Review Table 2: Policies, processes and mindsets across the parental leave cycle173
Phase of 1 2 3 4 parental Preparing for leave Staying connected Reintegration Career acceleration leave
Standard Leave and return Parents should Parents should be Career planning expectation should be clearly feel connected to able to pick up and development planned out, the organisation where they left opportunities made appropriately during leave and off, while being available – placing setting the encouragement able to balance returning parents expectations for to return should be work and family on same successful both employees clear commitments career trajectory as and managers all other employees
Mechanism Manager and Formal catch-up Return to work Career planning; to support employee dates that are not workshops and sustainable flexible checklists; discuss cancelled; access seminars; flexible program; removal ‘staying in touch’ to laptop and working options; of any unconscious expectations; plan mobile; inclusion childcare services or systemic bias expected return in development dates reviews; business update newsletters
Mindsets ‘Oh, you’re ‘She won’t want to ‘Have you had a ‘She won’t want that need pregnant! You must be bothered with good holiday?’ that opportunity, challenging be stepping back what’s happening and I don’t want from your career in the business to load more work for a while during leave’ on her when she already has a family to balance’
1Accelerating the advancement of women in leadership: Listening, Learning, Leading, 35.
173 Male Champions of Change, ‘Accelerating the advancement of women in leadership: Listening, Learning, Leading’ (Australian Human Rights Commission, 2013) 35.
Chapter 7: Recruitment and retention 171 Parental Leave Backfill Key to the dissatisfaction and divisions within RECOMMENDATION 7 the workplace is the organisational practice of not providing backfill for police on light/safe duties or parental leave. Victoria Police reviews and amends all The Review survey asked respondents to rate arrangements relating to flexible work including: their agreement with the statement ‘when • identifying mechanisms and processes to people go on parental leave teams are left in the ensure backfill for paid and unpaid parental lurch’ and the results can be found in Figure 25 leave and light duties is implemented below. Just under 35 per cent agreed and 39 per cent disagreed. The rate of agreement was • reviewing and standardise policy and slightly higher in men compared to women (37 processes relating to flexible work per cent and 31 per cent respectively). arrangement and particularly the parental leave cycle, (Indicator) reflecting best Regardless of the rationale, the organisational practice in relation to preparing for approach in this area results in a situation where leave, staying connected while on leave, it is the individual’s decision to have children reintegration into the workplace and career that is perceived to directly and negatively acceleration impact on an entire workplace by leaving the workplace understaffed. Although police • ensuring data collection and monitoring frequently ‘act up’ in various roles to backfill captures access to flexible employment positions, inevitably, due to the funding model options for both women and men and the discussed in Chapter 5, a workplace is left short reasons for not accessing any entitlements staffed, generally on the ‘front line’. Women in this area working light/safe duties due to pregnancy, • ensuring all of its supervisors are trained taking parental leave or seeking part-time work in dealing with flexible working requests arrangements were regarded by many as a and what it means to refuse someone on ‘burden on the roster’. reasonable business grounds. The Review heard about the resentment and hostility that the current approach creates towards women who are most likely to be the
Figure 25: Agreement with the statement – When people go on parental leave, teams are left in the lurch
34.6% All Agree 30.5% Female 36.8% Male
261.1% Neither agree/disagree 25.4% 26.3%
39.2% Disagree 44.1% 36.9%
0% 10% 20% 30% 40% 50% 172 Independent Review ones taking longer-term parental leave as the The Review heard from many women who had primary carer. internalised these views of themselves as ‘a burden’ and experienced guilt for ‘letting the There was someone who commented team down’. Women expected and experienced how appalled he was that women were being unfairly treated as a result of parental getting pregnant and asked how the leave and this had ultimately impacted upon rest of them would get all the work their expected and realised career options. This done … (executive interviewee). is discussed further in Chapter 8.
I was pregnant and I wanted to go for The stress of letting the team down a job in a specialist area when I got adds greater stress and anxiety to back. They said, don’t bother, please. females having families. [The lack of We don’t want to have to carry you (site backfill] also adds a greater workload visit). to the office and creates a poor attitude Indeed, even women becoming engaged and towards females who start families getting married was seen as being negative (female survey respondent). because it was conflated with the issue of Often, the workplace itself and the people having children and inconvenience to the within it were seen as supportive of women but workplace. male and female police alike expressed anger When I was working at a station, I got towards Victoria Police in relation to this issue. engaged to my current husband. When My workplace is supportive of me, but I announced it, my boss treated me like going on maternity leave does impact shit; he could perhaps see the future, my workplace. Is that my right? Yes. Are that I would have kids, go part time. I they supportive? Yes. Does it impact started getting bad shifts. … It can be them? Yes (female interviewee). difficult in some units, but women who work part time work 200 per cent to prove themselves (female interviewee). In relation to parental leave – I [have been on] safe duties and … parental I have overheard a manager joking about not hiring women because they leave … The feeling that I am leaving might need time off to have a baby and my team in the lurch is not created then want to work part time!! (female by my work unit who are very survey respondent). supportive, it is created by the failure of the organisation to work out a way It is a difficult task for managers to find a way to to relieve the strain on operational work around the reduction in overall staffing in units when someone goes off work an already under-resourced environment. This for a year and can’t be backfilled. further fuels hostility towards women. It is ridiculous that the organisation It’s got to the point that some managers actively recruits 50 per cent women associate an announcement of but has failed to account for the fact pregnancy with the loss of capacity that parental leave has a significant and the start of a struggle to regain the impact at an operational level capacity (male survey respondent). (FEMALE SURVEY RESPONDENT).
At [station] there were [a few] on maternity leave. In the last few years, This issue clearly demonstrates the causal they may have only been working for a relationship between organisational approaches year or so. It does put more pressure to flexible work, negative attitudes to women on stations, particularly the busy ones. and sex based discrimination and sexual When a quarter of your roster is away, harassment. people have to take on more work (male interviewee).
Chapter 7: Recruitment and retention 173 … When they comment about women organisations such as those in education and coming to the police to have babies, health, in the use of reliever pool to provide the fact is that there are more men on capacity for backfill. The Review heard reliever suspension for alleged misconduct banks had existed in the past. or approved LSL or LWOP at any one time than there are women on maternity They used to have a force leave (senior manager). redeployment group. If you had a member on long-term sick leave or … The data indicates that there’s more maternity leave they used to send out leave without pay and long service re-deployees to come in and cover. than maternity leave but there’s an They really need to bring back a bank underlying sentiment or perception that of overfill (female interviewee). women take more maternity leave and Victoria Police in the distant past had you hear managers complain about a ‘force reserve’ … If members on loss of resources due to maternity waiting lists for areas could be put onto leave (female interviewee). a reserve and deployed to fill these ‘positions vacant for a period of time’ then there would be far more support A snapshot of leave taken by police on 30 for members taking maternity leave June 2015 showed that of the 4077 police and far less impact on the smaller work on any type of leave, only 123 (3%) were locations (male interviewee). women on parental leave.174 This was also presented as an opportunity:
I can understand where an office may Notwithstanding this, the focus of the police be concerned about losing a member workforce is on the impact and ‘burden’ of for a significant amount of time, but I women taking maternity leave. This suggests think this attitude can be changed. I that it is not just the absence associated think it opens up a good position for with the leave, nor the inability to backfill, but new members to perform temporary actually an exaggerated hostility towards leave duties (female survey respondent) that is for childbirth and the period of caring for an infant, which is leave overwhelmingly As discussed in Chapter 5, creation of a reliever taken and required by women. This accords pool may be an option to enable backfill for with broader research, which found that the parental leave, it would support professional taking of parental leave, in contrast to other development through upgrading while ensuring forms of leave, appears to invoke the notion of capacity for general duties is maintained. motherhood, which is a status characteristic It would seem appropriate for the workforce associated with negative stereotypes about planning framework to take into account the commitment, competency and productivity in fact that a percentage of personnel will be 175 employment. The Review suggests that unavailable for duty at any one time and create it is also a status that sits counter to the contingency for this. Given discrimination stereotype of a good police officer against women who become pregnant, go on (discussed in Chapter 2). ‘light duties’ and take parental leave, urgent change is required to support compliance with Enabling backfill for parental leave obligations as an employer duty-holder under and light duties the Equal Opportunity Act to not discriminate Some participants noted the difference and to take reasonable and proportionate steps between Victoria Police and other public sector to eliminate discrimination, sexual harassment and victimisation as far as possible. 174 Victoria Police Data – Leave taken at Victoria Police, 1 July 2014 to 30 June 2015. 175 Shelley Correll, Stephen Bernard and In Paik, ‘Getting a job: is there a motherhood penalty?’ (2007) 112(5) American Journal of Sociology 1297–3139.
174 Independent Review Implementation of Recommendation 7 requires They know I can’t. When am I supposed that Victoria Police ensures that paid and to sleep? They said ‘you could express unpaid leave, as well as light duties allocations, milk.’ (female interviewee). are backfilled as a priority. … opportunities were not available and Return to work and part-time work I was told to work hard for a year after returning to work after a birth, before The Fair Work Act provides a ‘return to work I would be considered for temporary guarantee’, in that on ending unpaid parental positions. This is despite having already leave, an employee is entitled to return to completed the required steps to obtain their pre-parental leave position, if it exists, temps prior to becoming pregnant or another available position for which the (female survey respondent). employee is qualified and suited nearest in status and pay to their pre-parental leave The discussion on this issue and the position.176 In addition, Victoria Police who discrimination experienced was closely linked meet the service requirements have the right with transitioning to a part-time arrangement. to request part-time work or flexible working … I feel that Victoria Police does arrangements under the Fair Work Act and their not know how to manage part-time industrial agreements, as outlined above on policing for women returning to work page 176–177, on returning from parental leave, after having a child. Or men taking where they are the parent, or have responsibility up parenting responsibilities. I have for the care, of a child who is school age or seen them be victimised and made younger.177 to feel useless, as they can no longer The Review consistently heard about work the unpredictable hours some discrimination experienced by women returning roles in the police force bring. Flexible from maternity leave: rostering is in the EB. Fix it and make it work. Having children is a part of life, I’ve been floored at the way I’ve been women shouldn’t be ostracized in the treated since returning from maternity workplace for having children … leave. I’ve been told by supervisors (female survey respondent). that ‘you won’t get management opportunities because you are part- When another part-timer and I were time’ and ‘you will probably have more available to be upgraded to Sergeants babies, so the role you want is better … I was told, “We never upgrade part- suited to someone more committed’. timers.” The boss gave the perception I’ve been told by colleagues that ‘you that part-timers were not appreciated- are no longer fun because you don’t like “Dead wood.” (female interviewee). flirt. It’s like my sexuality isn’t fun now In relation to PSOs it was suggested that: that it’s linked to child birth, and I was only good company because of my Currently there is no casual or part- sexuality. It’s as though my sexuality time employment option for PSOs but was the only commodity I was valued would be good to have part-time option for. Which had genuinely never available (executive interviewee). occurred to me because that’s not how I want to be seen (female interviewee). Most views shared with the Review about the treatment of pregnant women, maternity leave I got a call yesterday to see if I could and access to part-time work came from police do three days of night shift next week? members. For public servants, difficulties were less about backfilling and more about being
176 Fair Work Act 2009 (Cth) s 84. This is incorporated into Victoria supported to be a fully engaged employee. Police Force Enterprise Agreement 2011, AE889678 (19 December 2011) cl. 137 and Victorian Public Service Workplace Determination 2012, AG895510 (23 July 2012) cl. 46.16. 177 Fair Work Act 2009 (Cth) s 65; Victoria Police Force Enterprise Agreement 2011, AE889678 (19 December 2011) cl. 14–15, 134.
Chapter 7: Recruitment and retention 175 … it took eight weeks to get remote operations. Reasonable grounds access. It’s not geared to people who may include cost, lack of adequate don’t sit at their desk between [7.00am replacement staff, loss of efficiency and 3.00pm]. You need to get people and the impact on customer service. in to demonstrate that it’s possible The application must also be to work flexibly. It’s an entrenched considered in accordance with the view here that work is a [7.00am to Equal Opportunity Act 1995.181 3.00pm] office-based role (executive This is located within general statements within interviewee). an overarching policy statement that:
Legal obligations and policy context Work arrangements should be as These comments are an important reminder flexible as possible for management to Victoria Police about their legal obligations and employees and should be under anti-discrimination law including that negotiated and undertaken in a spirit of an employer must not, in relation to the work cooperation”.182 arrangements of an employee, unreasonably Under the policies, decisions are locally refuse to accommodate the responsibilities managed with a part-time employment panel that the employee has as a parent or carer.178 reviewing decisions. The Review heard In practice, this means that workplaces must concerns relating to the policies themselves as enable, and be responsive to, requests for well as the interpretation and implementation of flexible working conditions by staff rather than the policies at the local level. expecting all adjustments to be made by the person seeking to access flexible work. We have a number of policies that do not support flexible work arrangements In effect, a reasonable accommodation must be (such as part-time work). You hear reached between the employer and employee things like pregnant women need a who has requested the accommodation. ‘hidey hole’ where they can be parked This might mean that the arrangement is less (executive interviewee). than ideal for the employer – but potentially for the employee as well.179 In addition, large Victoria Police policy is outdated and employers like the State of Victoria with does not meet the requirements of “substantial resources” (across the whole the Equal Opportunity Act 2010, or organisation) are expected to be more the 2011 Enterprise Agreement. There accommodating than a small employer with has been consultation, but there is fewer resources.180 no current policy within the legislative The Victoria Police Policy for part-time framework (The Police Association employment sets out a range of possible Victoria). reasons for applying for part-time work The VPM “Flexible Work” and “Part-time arrangements. Part-time employment following Work”183 still refer to the Equal Opportunity Act parental leave is the one the Review heard most 1995 (Vic) which was replaced by the Equal about. The policy states that: Opportunity Act 2010 (Vic). Neither policy reflects the obligation on an employer in the When considering requests for part- Equal Opportunity Act to not unreasonably time employment made in these refuse to accommodate parental and carer circumstances the delegate (level responsibilities.184 They also each still refer to 3) may only refuse the request on reasonable grounds which relate 181 Victoria Police, VPM Instruction 302-5 Part Time Employment to the effect on the workplace or its (updated 13/9/10, under review) s 4.2. 182 Victoria Police, VPM Instruction 302-5 Part Time Employment 178 Equal Opportunity Act 2010 (Vic) s 19. (updated 13/9/10, under review). 179 Richold v State of Victoria, Department of Justice (Anti- 183 Victoria Police, VPM 302-1 Workplace Flexibility (updated 13/9/10); Discrimination) [2010] VCAT 433 [43]. VPM Instruction 302-5 Part Time Employment (updated 13/9/10, under review). 180 Richold v State of Victoria, Department of Justice (Anti- Discrimination) [2010] VCAT 433 [41]. 184 Equal Opportunity Act 2010 (Vic) s 19.
176 Independent Review expired Victorian Public Service and Victoria the provision of flexible working arrangements Police Workplace Agreement. Again, neither in the Agreement: policy has been updated to reflect changes to • There was no overarching statement section 65 of the Fair Work Act expanding the about the commitment of Victoria Police right to request flexible working arrangements. to complying with its equal opportunity Victoria Police also have a guideline Pregnancy obligations, in the same way as there was In the Workplace, which is intended to provide to supporting a “healthy, fit, engaged and an outline of the entitlements and procedures skilled workforce, operating in the right place for employees who are pregnant and wish to at the right time”.187 take parental leave. This guide was published • The clauses in the Agreement which contain in 2008 and the Review was advised that it has the right to flexible working arrangements not been updated to reflect the changes in the (including part-time work) were spread out Equal Opportunity Act .185 throughout the Agreement and were difficult There is now no general defence to to locate quickly. To understand what kinds discrimination under the Equal Opportunity of flexible work arrangements could be Act on the basis of “reasonable terms or requested, personnel must refer to the VPM requirements of employment” including in policies and Pregnancy Guidelines which are relation to discrimination on the basis of out of date pregnancy.186 • There were types of flexible work practices that were not contemplated in the Agreement The Victoria Police Force Enterprise at all nor in the associated policies, such as Agreement job sharing arrangements or working from As part of the Review, a gender impact home. assessment was conducted in relation to the • There were types of leave which were not Victoria Police Force Enterprise Agreement contemplated in the Agreement which would 2011. The process undertaken is explained in have a limited cost impact, but would greatly Chapter 5 and the associated recommendations benefit female employees, employees with are provided at Appendix 2. The gender equity caring or parental responsibilities, or who impact assessment considered, in relation to were experiencing family violence, who would otherwise have to utilise their annual leave or personal/carer’s leave entitlements in the relevant circumstances The reason why clarity in entitlements is 185 Changes included the repeal of the exception in section 23 of the important goes back to the findings of the Equal Opportunity Act 1995 (Vic). Section 23 of the Equal Opportunity Act 1995 (Vic) was a general exception for Review’s research into attitudes towards women discrimination in the area of employment whereby an employer was entitled to set “reasonable terms or requirements of employment, or who seek to access flexible work arrangements, make reasonable variations to those terms or requirements, to take and the ability of managers to understand into account: the reasonable and genuine requirements of the employment; any special limitations that a person’s impairment or how to balance the competing interests of the physical features imposes on his or her capacity to undertake the organisation with a request to accommodate the employment; any special services or facilities that are required to enable him or her to undertake the employment or to facilitate the employee’s caring and family responsibilities conduct of the employment.” or for flexible working arrangements more 186 The only similar exemption that might apply is the replacement to generally. the former section 22 of the Equal Opportunity Act 1995 (Vic), in relation to discrimination in employment on the basis of disability. The new provision allows an employer to discriminate against an Ensuring employees can access flexible employee if they have sought to implement reasonable adjustments, work involves a discussion and negotiation but the employee cannot adequately perform the “genuine and reasonable requirements of the employment” even after the between the parties about what can work, adjustments are made (section 23 of the Equal Opportunity Act and as a result it is imperative that employees 2010 (Vic)). In the context of the pregnancy guidelines, this exception would only apply in relation to aspects of a pregnancy understand their entitlements under the Fair which fall within the meaning of “disability” within the EOA 2010, Work Act, the Equal Opportunity Act and the such as symptoms of morning sickness which cause “malfunctions” of parts of the body (see Bevilacqua v Telco Business Solutions (Watergardens) PL (Human Rights) [2015] VCAT 269 [154], 187 Victoria Police Force Enterprise Agreement 2011, AE889678 (19 [194]-[200]). December 2011) cl. 13.2
Chapter 7: Recruitment and retention 177 Agreement, and that managers have the skill flexible working arrangements are listed in and ability to find a solution that works for both Appendix 1: parties. This includes managers having a sound Other recommendations were made in relation understanding of when they can refuse flexible to progression, transfer and promotion which working arrangements on “reasonable business are considered in Chapter 8. grounds”, and when they can seek to change an employee’s working arrangements. Local level implementation of the policies Containing entitlements within the Agreement, While the clauses of the current Enterprise rather than in policy, provides an authoritative Bargaining Agreement and the organisation’s source for both employees and managers policies may appear on their face to be fair and on what is able to be negotiated and what is non-discriminatory, their application are open to considered appropriate for the organisation. managerial discretion or interpretation of what a This should be coupled with complementary refusal of flexible work requests on “reasonable support and training for employees and business grounds” means. As a result, they managers in equal opportunity law, negotiating have potential to result in disadvantage to flexible options, moving to light duties and the women or towards employees with parental and provision of meaningful work, and seeking carer responsibilities or result in unreasonable transfer to a safe job or returning from parental refusal of a request to accommodate parental leave (discussed in Chapter 1). The need for or caring responsibilities. It was suggested by education and information for employees and one participant that: managers about options available for internal reviews of flexible work requests (including … We are a product of our recruiting requests for part-time work) that have been history. In the past, women made the refused, is also considered in Chapter 10. choice to get married and have children As a result, the Review considered that there and there weren’t supportive policies in were amendments that could be made to the place so they left the organisation. We Agreement which would make it easier for suffer from policies that were around employees and their managers to understand a long time ago and which diminished their entitlements, to improve access to our female representation. From having flexible work arrangements, and to send a policies that were not supportive, these strong message to personnel that Victoria issues have tended to [become] about Police was committed to complying with the attitudes. In practice, they haven’t Equal Opportunity Act and that it expects its progressed where they need to and employees to do the same. There are also often women don’t feel as supported as amendments or actions which would provide they should be. There is still an impact additional support to disadvantaged employees, lag … (executive interviewee). and assist with Victoria Police complying with Both approval of requests and implementation their positive obligation in section 15 of the of the policies relating to flexible working Equal Opportunity Act to take reasonable and arrangements occurs at the local level and proportionate steps to eliminate discrimination, in the context of a number of perceived and sexual harassment, and victimisation as far as actual constraints by both employees and possible. managers. For example, the Review heard The recommendations made as part of the many times that the nature of police work was assessment relevant to clarifying and improving unsuited to be undertaken on a part-time basis. Rather than it being a matter of the nature of the work being unsuited to part-time arrangements, the Review found there is a range of broader
178 Independent Review organisational factors that mitigate against local • inflexible rostering systems level workplace flexibility. As one participant noted: This includes work practices and arrangements188 such as the perceived need for They have been wrestling with continuity in handling cases. [flexibility in rostering] for decades. There are EBA and job imperatives, During site visits, it was suggested that they have always come from a deficit managing part-time employees is challenging based model. The question is always for a workforce of investigators with caseloads “Why it can’t be done”, rather than a and that ‘our work is 24/7’ and ‘you need to be strength based model, “How do we available to respond to regular call-outs’ get it done?” To some extent that goes (site visit). with the job because you are always Broader research suggests however, that even assessing risks – it is intrinsic to your full-time staff could be seen as part time in a role – and it can stick as someone 24/7 operational environment.189 In addition, moves up through the organisation when looking at the leave data presented earlier (former executive). in this chapter, 4077 people were on leave • lack of backfill (discussed above) at the time the snapshot was taken (30 June 2015). This represents around 23 per cent of • inflexibilities in staffing budgets the workforce. The Review’s findings align with There is a perception that where a full-time Charlesworth et al’s suggestion that there does staff member becomes part time, their residual not appear to be the same workforce concern hours may be lost and as with the backfill issue, around other types of absence from the a workplace left understaffed. The Review workplace and that negative attitudes appear understands from senior management that this to be reserved for those accessing part-time should not be occurring and that if it is, it is a arrangements, that is, women.190 result of local management practices rather than a result of problems with organisational During the Review, it was suggested that: policy. However, it has also been suggested Another element that makes it difficult that: for women to rise through the ranks While official organisational policy is the culture of ‘face time’. Police allows residual hours from different work long hours … this can lead to locations to be pooled to create discrimination against members with another position, the lack of responsive carer responsibilities … At the end HR systems that would enable local of a shift, members are required to mangers to track and account for the complete their paper work. total staff hours they have at their … If you’ve got a time constraint to disposal can make this difficult in pick up children, you’re in trouble. You’ll practice.191 be seen as a shirker (The Police Association Victoria). The Review also heard from public servants that having shifted to part-time work arrangements
188 The Review’s findings in this area align with the findings of Sara on return from parental leave, some had Charlesworth, Mark Keen and Kerri Whittenbury, ‘Integrating subsequently not been able to ‘retrieve’ their part-time work in policing services: policy, practice, and potential’ (2009) 10(1) Police Practice and Research: An International Journal hours. There was a sense that they had been 37; Sara Charlesworth and Debra Robertson, ‘Policing, gender, and ’stolen’ (site visit). working time: an Australian case study’ (2012) 13(3) Police Practice and Research: An International Journal 241. The below discussion draws on these articles. Many of the above issues are exacerbated by 189 Sara Charlesworth, Mark Keen and Kerri Whittenbury, ‘Integrating the organisation’s limited IT infrastructure and part-time work in policing services: policy, practice, and potential’ a generally resource constrained environment. (2009) 10(1) Police Practice and Research: An International Journal 37, 40. 190 Sara Charlesworth, Mark Keen and Kerri Whittenbury, ‘Integrating part-time work in policing services: policy, practice, and potential’ 191 Sara Charlesworth and Debra Robertson ‘Policing, gender, and (2009) 10(1) Police Practice and Research: An International Journal working time: an Australian case study’ (2012) 13(3) Police Practice 37, 40. and Research: An International Journal 241, 245.
Chapter 7: Recruitment and retention 179 There is continually, however, an intersection My experience working in Victoria between structural and attitudinal barriers: Police is part-timers with children are held to a completely different level I came back part time … I felt like I of accountability then full timers … It had to work four times as hard to be appears part-timers can come and go considered competent and effective … as they please whilst full timers have When you’d get in at 8.00am instead to pick up the additional workload and of 7.30am, this same Superintendent cannot complain out of fear of being would say ‘You in for the afternoon discriminatory shift?’ … This organisation doesn’t do (male survey respondent). part time well (female interviewee). … I have been in meeting where The Review heard repeatedly that part-time everyone is talking about their ‘bloody workers wanted day time shifts on week days, part-timers’ and how it makes their life which was unfair to colleagues. These views a nightmare. I’ve heard women saying were shared in the context of limited overall this as well (female interviewee). resources to fill the roster and a perception of a ‘zero sum game’ in terms of one person’s The key challenge was seen to be rostering flexibility leading to another’s detriment. issues and ensuring fairness between full-time and part-time staff. Conversely, there was a view One thing that frustrates blokes is that that the organisation was not flexible enough in someone would say they were a single its approach. mum so they couldn’t do the shift on the weekend. They would always have Vic Pol needs to change its attitude custody if they were given a shift, but towards employees – part time mainly – suddenly they didn’t have custody who are primary carers to children and if they had a party on. Every time expecting the employee to work 7am, something had to be done, it would 3 pm and 11 pm. This is not always always be thrown at me or another possible … Also expecting so many bloke, but if you were a bloke who weekends when part time is unfair had kids than it was assumed your (female survey respondent). wife would sit at home and look after them … I don’t mind working with girls The other thing that’s really important when you’re on a crew, and everyone for women is rostering practices. It cops the twilight shift. But then you get could be much more family friendly. someone else who is getting the same Women need their rosters a month pay to just work day shifts because in advance. There are parallels with that’s when she can get childcare … It nursing because of shift work is frustrating when the roster is dictated (female interviewee). by single mums who get to not work Some located the part-time issue within broader weekends even though they probably workforce rigidity suggesting that don’t have the kids that weekend anyway (male interviewee). There was a period of time where women were under-represented and Attitudes such as this go some way to where employees were driving the illustrating the hostility many women experience market – there was a skill shortage in the organisation and reflect the depth of at the time. We understood that attitudinal and cultural change work that needs if we didn’t offer a larger suite of to be undertaken by Victoria Police. employment options, we would be In addition, this illustrates some employee’s unattractive for retention and attraction. perceptions of part-time workers as shirking … However take up of flexible work their responsibilities and being disingenuous options is a different story. It’s not in the way they were accessing flexible work popular in operational areas … arrangements. because it’s difficult. The day is broken
180 Independent Review into 3 shifts of 8 hours so it’s hard to manage it well and make it work be flexible. It’s the way service delivery (site visit). is managed. At the operational end In addition, the Review heard comments that of policing, it’s not popular amongst suggested that flexibility was often as much managers (senior manager). about ‘thinking outside the square’ as it was about battling the structural constraints: Support for managers The Review heard from managers that there I think that the orientation towards was a lack of support and guidance for individual and family welfare must be management in understanding how to best greater – work matters like job-sharing, negotiate part-time and flexible arrangements. built in capacity for workplace flexibility would be good for everyone … This resulted in poor outcomes for workplaces. (external expert). Managers were not trained in understanding how to balance the competing interests of the … there are ways to increase the organisation with a request to accommodate the flexibility without increasing the employee’s caring and family responsibilities financial burden for example … (which must not be unreasonably refused Managers are concerned about under the Equal Opportunity Act). Nor were creating precedents but they often they provided with any incentive to prioritise don’t explore the available options fully increasing their understanding and improving or plan around the absence well in their practice in this area. advance (executive interviewee).
The Review heard that both managers and You do remain a victim of your employees lacked understanding of and the manager. Sometimes they work with capability to discuss and negotiate about their people to give them flexible flexible options with employees. This includes arrangements. I know a Victoria Police taking proactive steps to discuss options with employee who has a family member the employee about safe and meaningful work with health issues. Their supervisor when they are deemed medically unable to at the time organised for the member perform front-line duties, for example through to remain in productive work and pregnancy. supported them. If there was the same situation down the road at a different Some managers/ supervisors continue station, it might have been different to roster like they used to years ago (external expert). because this is the way they have done their business for so long. They don’t A range of recommendations on support for want to think creatively managers and supervisors are provided in this (female interviewee). report. In addition to these in implementing Recommendation 12, Victoria Police should The level of local management discretion in ensure all of its supervisors are trained in assessing ‘reasonable business grounds’ gives dealing with flexible working requests and what scope to managers making decisions based it means to refuse someone on reasonable on their individual views about part-time and business grounds. flexible work. While the impact is disproportionately on Some recognised that flexibility and part time women with parenting responsibilities, there can be managed well, even within existing is an opportunity here for Victoria Police to constraints, creating minimal workforce improve the experience of the workplace for all implications. employees. Flexible work options are available When part-time work was introduced, for men as well, but the statistics detailed above there was hysteria. Now I have a few show a distinct lack of uptake. Indeed, the right part-timers and it is really productive. to request flexible working arrangements under It’s not rocket science, you just have to the Fair Work Act is open to employees with
Chapter 7: Recruitment and retention 181 caring responsibilities for children, people with [men take more leave] now but that’s disabilities, for people over 55 years of age, almost seen by all the guys as a free and for people experiencing family violence or holiday, so good on ‘em. It’s very rare supporting someone who is experiencing family that a man would go part time after violence.192 Men accessing flexible working he’d had kids (female interviewee). arrangements is key to shifting community Unpaid parental leave entitlements in the attitudes about traditional roles and capabilities. Fair Work Act and in the relevant industrial … In order to assist me to manage instruments is available to both men and caring for my parents, I was seconded women, and the Commonwealth Paid Parental … I had a good boss … If I couldn’t Leave Pay scheme provides payments at have done this it would have been really minimum wage for up to 18 weeks for the difficult to get through that time with my parent with primary responsibility for the family … The support I received during care of a new child, provided they meet the that time re-invigorated me for the job, eligibility requirements (regardless of gender). so even though I had witnessed some The Commonwealth Paid Parental Leave Pay changes throughout my career, the way scheme also includes a payment for eligible I was treated reignited my loyalty to working fathers or partners, including adopting VicPol (male interviewee). parents and parents in same-sex couples.193 However, additional paid parental leave in the I recently had a man taking parental relevant industrial instruments differs depending leave. It was the first one in my time on whether staff are sworn or unsworn, with – we made fun and said he was on a both police and VPS having access to 14 weeks junket – but we were happy for him. paid maternity leave (in connection with giving Men should be entitled to it. Shared birth), and 14 weeks paid adoption leave. Police parenting is good (female interviewee). receive one week paid paternity/partner leave, My partner is a police officer, and we’ve and public servants, two weeks. Police also already talked about how I’ll be the one had access to 14 weeks of ‘other parenting who wants to focus on promotion, and arrangements where employee is primary he’ll go part time to take care of our care giver’ and one week, ‘other parenting child. … Already the discussion has arrangements where employee is secondary been met with a very different reaction care giver’. than traditionally women receive – It appears that while sworn male personnel he was telling the guys at work and will be able to access a period of additional they were all telling him how great paid parental leave under the ’other parenting kids are and being really supportive arrangements‘ in the VPF Agreement, unsworn and accepting and impressed with male personnel do not have access to the same his choice … they didn’t see him as entitlement. someone who was going to drain their resources – very different than how The Review notes that the CPSU have indicated we’ve both seen women get treated as that they are seeking to remove all gender for the same thing (female interviewee). references in the paid parental leave clause of the VPS Determination, and replace them with There were also misconceptions in the ‘primary carer’s leave’ and ‘secondary carer’s workplace that parental leave had to be taken leave’, for the replacement VPS Agreement.194 by a woman. One participant stated: This claim is consistent with concerns the … why isn’t there the same amount of Commission raised with Industrial Relations paid Paternity leave if the woman wants Victoria and the CPSU and discussed about
to return to work and the man wants to 193 See
182 Independent Review potential sex discrimination inherent in providing It is important to note that Telstra see only paid maternity leave but not paid paternity technology as intimately linked with workplace leave. The Commission’s position is that the flexibility, including the ability to roster more parties should consider providing gender easily. Universal flexibility may be aspirational neutral primary carer’s leave that does not for Victoria Police at this time while the discriminate on the basis of how the infant is organisation works towards improving the conceived, born or came to be part of a family. enablers for such an approach. In addition to technology, these include ensuring all policies There were many examples of good practice in and procedures are clear and moving towards modelling and applying flexible management, cultural acceptance through good people including managers modelling flexible work, job management and accountability. sharing and part-time arrangement, however these were not consistent. While reducing workplace harm and improving workplace flexibility is key to improving the Several of my managers work part- recruitment and retention of women within time. I think this sets a good example Victoria Police, there is an opportunity for the for the team. They see it can work. We whole workforce to benefit from an increasingly are really transparent. It’s business as flexible and safe workplace. usual (Executive interview). Victoria Police is required to be fully compliant with legislative requirements in this area but there is also an opportunity to implement best practice in relation to flexible work provisions. Positioning flexibility as the norm and asking the question, ‘what roles could not be done flexibly’, rather than the reverse, is recommended by the Male Champions of Change project.195 The National Australia Bank offer significant flexibility to employees and state on their website that “Working flexibly doesn’t mean you’re missing out on opportunities. But it does mean having the freedom to be yourself – to make time for the things that matter to you, and to be as excited about coming to work each day as we are about having you”. This is in stark contrast to Victoria Police’s (and many other employers) approach which pits family and lifestyle choices against work. Telstra recently moved towards universal flexibility with their “All Roles Flex” policy. Their aim is to mainstream flexibility to “amplify productivity benefits, lift engagement, establish a clear market proposition and also enable a new way of working, … ”. Interestingly, one of the lessons has been that more men are working flexibly, which is challenging previous perceptions.196
195 Male Champions of Change, ‘Accelerating the advancement of women in leadership: Listening, Learning, Leading’ (Australian Human Rights Commission, 2013) 27. 196 Male Champions of Change, ‘Accelerating the advancement of women in leadership: Listening, Learning, Leading’ (Australian Human Rights Commission, 2013) 28.
Chapter 7: Recruitment and retention 183 Chapter 8 Promotion and career planning
Main findings and the contemporary shift to work life balance and men’s increasing involvement in raising families. • Workforce mobility and career progression for women in Victoria Police are significantly • A large proportion of the organisation has impacted by sex discrimination and sexual little faith in panel processes and does harassment. Workforce data demonstrates not see the transfer and promotion system gender inequity in promotion opportunities. as merit based. The existing system of promotion and training is often not merit • A gender analysis of transfer and promotion based but instead, promotion decisions: supports the existence of systemic barriers to women’s progression beyond senior - demonstrate direct and indirect constable rank. discrimination • There is evidence of individual and/or - are influenced by factors associated collective bias in appeals against selection with gender stereotyping and sexual of women for supervisory and officer harassment. positions. - facilitate the promotion of alleged • Despite positive organisational moves harassers. towards describing skills and expertise to attain ranks and levels within capability • There appears to be little value placed in frameworks, the informal organisational external experience and non-traditional culture continues to hold sway in valuing of pathways. People who undertake traditional male domains of policing. professional development or other careers find little traction or value placed on their • The skills and competencies valued capability on return. in promotion to managerial positions preference operational expertise at the • The impact of gender-based hostility on expense of people management. women may make them less likely to apply for positions. Attitudes towards women in the • The organisation’s pathways to promotion workplace may reduce access to promotion inherently disadvantage women in relation to and transfer opportunities where women do access to: put themselves forward. - higher duties roles • There is limited measurement or - training opportunities benchmarking of women’s career progress within the organisation. - transfers and assignments - roles more valued for promotion Introduction - ongoing length of service considerations. • Opportunities for promotion are more limited This chapter examines women’s career for people on flexible working arrangements, trajectories through the organisation and resulting in indirect discrimination against focuses on the promotion and transfer process. employees who are also carers. The Review recognises that many police employees do not seek or achieve promotion • The organisation has a role to play in shifting for a variety of reasons. As women progress community attitudes on gender stereotypes through their careers, however, they continue
184 Independent Review to experience reduced opportunities for Chapter 2 (drivers). Resetting workplace norms progression. As with recruitment and retention requires targeted intervention to advance discussed in the previous chapter, this lack of women’s career opportunities. workforce mobility is strongly influenced by organisational approaches that reinforce gender inequality. Women and progression through Chapter 2 established gender equality the organisation as a necessary pre-condition to prevent violence against women and to eliminate The disproportionate representation of women sexual harassment and sex discrimination. throughout the organisation is evidence It noted that attitudes that support gender of systemic discrimination. This chapter inequality, including hostility towards women explores how unlawful conduct manifests at in the workplace and the treatment of women every level of career pathways for women both professionally and interpersonally, are resulting in systemic discrimination. Chapter 7 reinforced and perpetuated through enabling overviewed the breakdown of women across structures and enabling practices, processes the organisation based on Victoria Police data and behaviours. Some of those practices, at April 2015. This is summarised in the tables processes and behaviours relate to promotion. below.
These organisational approaches are Police underpinned by attitudes that fit with a traditional policing model that is inherently There were particular ranks where the masculine in its conception, as set out in proportion of women fell considerably
Figure 26: Women as a proportion of overall workforce at each rank – Police
Chief Commissioner 0% Deputy Commissioner 50% Assistant Commissioner 21% Commander 11% Superintendent 5% Inspector 13% Senior Sergeant 13% Sergeant 14% Senior Constable 31% Constable 30% Recruit 49% Source: Victoria Police data, April 2015 (received 12 June 2015) Note: this data relates to substantive ranks and at this time, the Chief Commissioner and one Deputy Commissioner position were vacant.
Figure 27: Women as a proportion of overall workforce at each rank – PSOs
PSO Senior Supervisor 0% PSO Supervisor 15% PSO Senior 7% PSO First Class 7% PSO 9%
Source: Victoria Police data, April 2015 (received 12 June 2015)
Chapter 8: Promotion and career planning 185 Figure 28: Women as a proportion of overall workforce at each grade – Public Servants 197
EO-2 22% EO-3 75% Grade 7 26% Grade 6 40% Grade 5 48% Grade 4 62% Grade 3 66% Grade 2 80% Grade 1 36%
Source: Victoria Police data, April 2015 (received 12 June 2015). and could be considered critical points for numbers in the executive (as with the other work intervention. These were between senior categories discussed above).199 constable and sergeant and between inspector and superintendent. There was an increase Concentration of women in different areas in women’s representation in the very small of Victoria Police numbers at the executive. The Review team visited 37 worksites and Also important is that only 11 per cent of noted that the gender representation across the Victoria Police supervisors and managers workforce was highly variable. This was also (sergeant and above) in rural areas are reflected in the other data collected by female.198 the Review. Sexual offence teams in Victoria Police Protective Services Officers have a lot of women and lots of part- Of the 1178 PSOs, 107 across all ranks were timers. There are lots of negative women. comments about this and how hard it is for the manager to manage them. Public servants These comments are coming mainly There were 1943 women in the Victoria Police from sworns (female interviewee). public service. The proportion of women in this On the question of the reasons behind the category was much higher than the other work differential representation of women across the categories, being at around 67 per cent of total different types of police work and workplaces. public servants. The table below demonstrates Some participants suggested that women are that women’s representation in this workforce more attracted to some roles but also that the was, however, significantly skewed towards the organisation seeks them out for these roles. lower Victorian Public Service levels, apart from an increase in representation at the very small In some of the traditionally male dominated sections of Victoria Police, such as the Water Police and Search and Rescue, the barriers for women participating were seen to be the hours
197 This data combines VPS and Forensic Officers. There were also nine Senior Medical Advisors, three of whom were women, who are not included in the above data. 199 There were a very small number of public servants at the VPS 1 level. Of the twenty seven people at this level, seventeen were male 198 Independent Broad-based Anti-corruption Commission, Predatory and ten female. There was only one Forensic Officer at FO 1 and behaviour by Victoria Police officers against vulnerable persons – this officer was male (Victoria Police Workforce Data April 2015, Intelligence report 2 (2015) 8. received 12 June 2015).
186 Independent Review of operation and time away from home, worksite Relevant laws locations and physical requirements.
For example, the Special Operations Denying or limiting access to opportunities for Group is really physically demanding. promotion or transfer on the basis of a person’s In the Critical Response area we are sex or parental responsibilities can amount to getting more females now. We have unfavourable treatment (direct discrimination) in information nights and encourage breach of the Equal Opportunity Act.200 female applications. Apart from the In addition, subjecting an employee to detriment physical challenges, the hours can also in their employment (which can include be a barrier. The work is physical and humiliation and denigration of the employee highly skilled, but there aren’t a lot of because of their sex or parental responsibilities) numbers, so staff often have to work on can also amount to a breach of the Act.201 This call. The Dog Squad is the same. We includes assumptions made about a person’s have a couple of female members but capability or experience because of their sex, the hours are usually late afternoon and provided it is a substantial reason for refusing or evening (executive interviewee). limiting access to the promotion/transfer. Such comments were examined in the previous Similarly, the imposition of unreasonable chapter in terms of the reality being that it conditions or requirements for promotions, is still largely women bearing much of the which disadvantage women or employees with household and child care burden. There is, parental/carer responsibilities and which result however, a shift in community expectations with in the denial of promotion or transfer will also men becoming more interested in accessing amount to indirect discrimination.202 flexibility. In addition, organisations allowing men to access flexible work arrangements and The Equal Opportunity Act also provides that to take a greater role in domestic duties is key to an employer must not unreasonably refuse to improving gender equality in the workplace. accommodate the responsibilities an employee has as a parent or carer;203 this applies in Some participants suggested that the development and promotion decisions as well organisation was making assumptions around as within current roles. the lack of participation of women in particular segments of the workforce and pointed to the In the context of the obligation in the Equal need for a proactive, evidence-based approach: Opportunity Act to take reasonable steps to eliminate discrimination, sexual harassment and In the regions, the women in the public service victimisation,204 Victoria Police must do more to were generally at the VPS 2 level with general ensure women are not discriminated against in recognition that there was no scope for career the areas of promotion and transfer. progression. Targeted recruitment of women to senior roles … to progress you have to come in could be considered to promote substantive [to VPC] (female interviewee). equality of women in the workplace, under For PSOs, in addition to the very low numbers the ‘special measures’ provisions of the Equal overall, the Review heard of situations where Opportunity Act (previously discussed in there was only one woman in a unit. Chapter 7 in relation to recruitment). In addition to the total number of women and men, representation of women in Victoria Police is highly gendered in terms of rank/level, nature of role performed and place of work as well as 200 Equal Opportunity Act 2010 (Vic) s 18(a). For example, the Review heard evidence of managers stating they did not want a woman in between public servants, police and PSOs. a role. 201 Equal Opportunity Act 2010 (Vic) s 18(d). 202 Equal Opportunity Act 2010 (Vic) s 9. 203 Equal Opportunity Act 2010 (Vic) s 19. 204 Equal Opportunity Act 2010 (Vic) s 15.
Chapter 8: Promotion and career planning 187 The context within police Section 4 goes on to provide additional criteria for promotion to the ranks of inspector, commander, chief superintendent, Victoria Police workforce data demonstrates superintendent or chief inspector: gender inequality in promotion. There is a pressing need to ensure that all employees • For the rank of inspector: the potential to have access to the same opportunities to develop the executive ability and leadership develop and demonstrate the ‘merit’ required to and management skills essential in senior progress in the organisation. executive positions • For the rank of commander, chief superintendent, superintendent or chief Promotion processes inspector: the executive ability and leadership and management skills essential There are different rules and processes relating in senior executive positions. to transfer and promotion for police, PSOs, and There are also supplementary provisions public servants.205 relating to the criteria and procedure for in situ promotion to the rank of senior constable The Victoria Police Act contained in the Victoria Police Force Enterprise Promotion Agreement 2011, and for progression/promotion The Chief Commissioner of Police has the within a value range in the Victorian Workplace 209 power to promote a police officer to a higher Determination 2012 for public servants. rank, in accordance with the Victoria Police Act Transfer and Regulations.206 Section 33 of the Victoria Police Act provides The Victoria Police Act states that in promotion, that the Chief Commissioner may transfer a there should be regard to the relative efficiency police officer in a number of ways, under the of the candidates and not to their relative Act and the Victoria Police Regulations 2014.210 seniority (except in relation to promotion to For example: senior constable).207This was a fundamental organisational shift away from length of service • by way of application or request under as a key determinant of progression. For section 34 of the Victoria Police Act candidates seeking promotion to the rank of • by directing a transfer under section 35 of senior sergeant, sergeant or senior constable the Victoria Police Act where the candidates are considered equally • transferring under Division 6 of Part 4 of the efficient, seniority must be considered.208 Victoria Police Act (relating to incapacity of The meaning of ‘efficiency’ for all ranks is police officers for duty); or described in section 4 as: • transferring under Division 1 or 2 of Part 7 (relating to disciplinary proceedings). the aptitude and special qualifications necessary for the discharge of the For constables, the most common process for duties of the position in question, transfer between divisions is by following the together with merit, diligence, good ‘expression of interest’ (EOI) transfer provisions conduct, quality of service, mental contained in clause 18 of the Victoria Police capacity and physical fitness. Force Enterprise Agreement 2011. This provides for a General Duties Allocation Process for 205 In accordance with the division of employment, police officers and constables, whereby an EOI process is followed PSOs come under the Victoria Police Act 2013 (Vic) and public servants come under the Public Administration Act 2004 (Vic) and to fill permanent, full-time police positions below Victorian Public Service Workplace Determination 2012, AG895510 the rank of sergeant. (23 July 2012) (discussed in Chapter 6). 206 Victoria Police Act 2013 (Vic) s 31. 207 Victoria Police Act 2013 (Vic) s 31(2). Section 31(2) does not apply to a promotion to a position of senior constable (general duties) or a promotion of a constable who holds a position to the rank of 209 Victoria Police Force Enterprise Agreement 2011, AE889678 (19 senior constable in the same position (see Victoria Police Act 2013 December 2011) cl. 18–19, 63; Victorian Public Service Workplace (Vic) s 31(4)). Determination 2012, AG895510 (23 July 2012) cl. 22. 208 Victoria Police Act 2013 (Vic) s 31(3). 210 Victoria Police Regulations 2014 (Vic) reg 11. 188 Independent Review Vacant full-time general duties positions are variation dependent on the quality of local level filled by employees from the EOI list provided management. there are no suitably qualified surplus Accessing transfers is a benefit of employment employees available for redeployment. as well as a way to acquire additional skills that There are different processes for ‘internal EOI’ can assist with later promotion. Disadvantaging and ‘external EOI’, and employees can only women in transfers may constitute unlawful have one of each active at any time. These discrimination in employment. processes are not merit based, but rather are automatic transfers based on: Capability framework • for internal transfers – length of time in their Performance of police is determined according division; or to the Victoria Police ‘sworn capability • for external transfers – time on the waiting framework’. The capability framework sets out list. capabilities for each rank. These range from operational criteria to ethical, professional or The Review considers that the EOI process performance standards. There are a diverse potentially disadvantages women, as both EOI range of capabilities outlined for the different processes only apply to full-time permanent ranks and included are capabilities relating transfers and not part-time or voluntary to communication skills and relationship temporary transfers which employees seeking management. flexible working arrangements might desire. Those already working part time and seeking As a document, the framework appears to to remain part time must apply for the full-time be well thought through and comprehensive. role and then negotiate new part-time work However, throughout the Review, participants arrangements if they are successful. advised that technical policing skills were valued within the organisation over professional As outlined in this Chapter, and previously in or interpersonal skills. Furthermore, these Chapter 7, the difficulty and negativity around technical policing skills were not the broad accessing part-time and other flexible work policing skills required for a capable, arrangements is likely to prevent those who contemporary police workforce but traditional, already have those arrangements from seeking operational expertise. to transfer, in case they are unable to maintain their existing arrangements in the new role. The Victoria Police Corporate Plan states that the organisation recognises the need to ‘create Recommendations relating to the Enterprise a capable, flexible and professional workforce’ Bargaining Agreement can be found at with desired outcomes for 2015–2025 including: Attachment 1. • Enhanced health, safety and wellbeing of the However, for other forms of transfer, there are workforce different processes. For example, a request • Diversity of the workforce that better reflects to transfer to another position at the same the community rank (not for general duties) is determined on the basis of efficiency and not seniority (as • Education and training that reflects the defined above), except in relation to candidates professionalisation of policing activities and 212 for transfer to a position in the rank of senior expected performance standards sergeant, sergeant or senior constable if In addition, the Victoria Police Blue Paper: A the Chief Commissioner considers that the vision for Victoria Police in 2025 raises a range candidates are equally efficient, in which case of broad approaches to organisational capacity the Chief Commissioner must have regard to building such as Lateral entry or re-entry, Direct their relative seniority.211 As with the policies discussed in Chapter 7, local management plays a key role in the area of transfers so this area too is open to 212 Victoria Police, Victoria Police Corporate Plan 2015–18 – Year 1 211 Victoria Police Act 2013 (Vic) s 34. (2015) 7.
Chapter 8: Promotion and career planning 189 entry, Early identification of talent and fast Roles and Responsibilities tracking, and a Graduate entry program. Existing policies and procedures related to This increase in flexibility of pathways is transfer and promotion are overseen by three welcomed by many who feel that change is both units that sit under the Deployment area. These necessary and beginning to occur. For example: include the Transfer and Promotions Unit (TPU), the Personnel Placement Unit (PPU) There has been talk of VPS doing which administers the functions of the General police roles and vice versa. The skill Duties Allocation Committee (GDAC) and sets are different but there are benefits VPS Recruitment which is responsible for the of having a less rigid workforce employment of public servants. (female interviewee). Police … the entry points are a little bit In relation to police, the Personnel Placement different [now]. Some people who Unit: go out as sworn, come back in as unsworn. Some then want to transition … is concerned only with general back to sworn (female interviewee). duties [also known as ‘frontline’ or ‘uniform’] positions … There are Ultimately, we want an educated over 6000 of these positions in workforce. There is no reason a the organisation. To move police constable couldn’t do a module members into these positions we out of the Inspectors’ course. You use an expression of interest (EOI) might get a constable with five years’ process governed by GDAC. This is experience who has done modules not a competitive merit based process. and done workplace learning and has Members express interest in a location years of management experience and they [go] on a list. They then take it somewhere else, who wants to apply in turn to move to the location. When … for an inspector position. This could a vacancy has opened at their desired happen. We are already doing this with location and they are next to move they Inspectors – advertising outside … [the are checked for probity by Professional PRSB registrations] work will change Standards Command (PSC) and this … a lot too. We are getting there performance by line management. (senior manager). If … clear then they move into the vacancy. A member can only have Some argued for the importance of: one EOI live at any time. Within … breaking open some of the structures to metropolitan divisions they manage let fresh air in. Executive level has lateral their own internal EOIs, otherwise they are managed through PPU and they entry in the form of Executive Directors. are referred to as external EOIs (senior There should be more lateral entry at manager). Inspector and Superintendent levels of people from the wider world brought in with The PPU also manages things like the ballot. expertise and concepts of governance. Open When police members join, they are told that door up and the organisation would be that they can be placed anywhere after the refreshed … (male interviewee) Academy. They go through two years of training and probation. When they are about to be confirmed, they fill Special Category or hard to The framework for public servants at grade fill jobs … We rely on the ballot to fill them. It is is outlined in the Victorian Public Sector picking names out of a bowl. The TPA and the Agreement.
Transfer and Promotion:
190 Independent Review members can watch. It is not merit based at all, ensure the process is ‘bias free’, that there it is random. They are moved by direction … is ‘procedural fairness’ and that applicants are ‘fairly assessed’.213 It provides the The Transfer and Promotion Unit within possibility for processes ‘to employ members Deployment is also responsible for sworn of disadvantaged groups declared by the members and: Commissioner for Public Employment’. This … maintains a merit selection service does not incorporate a broader data led view used for lateral transfer or promotion in on who is disadvantaged for the purposes of rank into non-general duties positions. accessing the middle to upper ranks of the The TPU owns the processes for organisation, which would include women. selections for positions from constable For public servants, policy states that interview through to senior sergeant. The Chief panel members should consider the following Commissioner owns the processes information when determining the most suitable for Inspectors … Merit selections are applicant: based on competition for a position and meeting a minimum standard. The • Job application including resume/curriculum minimum standard is described in the vitae capability framework (senior manager). • Performance at interview (allow for nervousness) In addition to the criteria in the Victoria Police Act, Victoria Police policy provides criteria and • Work performance (including performance guidance for promotions and the interpretation while on assignments) of ‘efficiency’. The VPM policy had previously • Efficiency and experience and/or stated that ‘all activities within the selection qualification process will be consistent with the principles • Results of practical testing if applicable (for of natural justice and procedural fairness’ example written, etc.) (however that specific policy is no longer • Work samples available). The Review heard from the Transfer and Promotion Unit that what is considered in • Referee comments promotion processes, by panels, is: • Possible training needs to develop the applicant • Experience (including work history and mandatory qualifications required for the • Potential for development/advancement position) • Disciplinary matters (if applicable).214 • Assessment of the six written key selection The Review heard that women employees faced criteria (KSC) particular barriers notwithstanding the intent of • Performance at interview before a panel policies. In order to identify and eliminate any barriers for women, it is important to consider • Professional Development Assessment both the transfer and promotion processes, as system entries (past two years, which may well as the organisation’s pathways to promotion pick up any performance or discipline The Review has specifically considered issues) assignments and acting up into higher roles; • Probity check access to training the effect of discrimination on • Referee comments applying for promotion. • Overall assessment on all of the available Each of these is discussed later in this Chapter information and is impacted on by sex discrimination in the • Level of efficiency demonstrated throughout workplace. the selection process
Public servants The organisational policy for public servant 213 Victoria Police, VPM Instruction 306-10 Transfer and Promotion selections has a section on “Requirements”, (Unsworn) (updated 03/11/08) section 4. 214 Victoria Police, VPM Instruction 306-10 Transfer and Promotion which contains a number of points to (Unsworn) (updated 03/11/08) section 6.3.8.
Chapter 8: Promotion and career planning 191 Appeals against promotion and transfer not interviewed during the selection decisions process to demonstrate their efficiency for the position under appeal. Through Appointments to VPS roles can be challenged this process the PRSB assists in using the grievance process under the Public relieving workplace tensions and Administration Act.215 provides reassurance about … fairness The Police Registration and Services Board and equity.218 (PRSB) is responsible for hearing appeals In 2013/14, the PRSB heard 187 appeals – an against promotions and transfers (on increase of 112 appeals from the previous year. application by a police officer or protective The majority of appeals arose from promotions. services officer) in accordance with the Of the appeals heard by the Board, 28 (15 per requirements of the Victoria Police Act and cent) were allowed.219 Victoria Police Regulations. A police officer is limited to lodging a maximum of four appeals in The Review heard that Victoria Police has an any given financial year.216 entrenched culture of appealing promotions, which can undermine and disadvantage female The Victoria Police Act states that the grounds police officers: for appeal: • for senior constables, sergeants, senior If someone applied for a job, it seemed sergeants are superior efficiency; or equal standard practice to appeal it even if efficiency and greater seniority they didn’t want the job. For women, you have to work twice as hard, be • for inspectors or chief inspectors, is superior twice as determined to get the job. It efficiency.217 needs to be dismantled. If you go for The PRSB’s 2013/14 Annual Report explains the a job and get the job, it should be your how the appeals process works: job (female interviewee). The PRSB Review Division … provides The introduction of the appeals process a final decision based on the relative appears to have been in response to perceived efficiency of the candidates. It is a cronyism and a lack of transparency in forum for employees of Victoria Police promotions and transfers. However, it may have to challenge selection decisions created a perverse outcome: involving positions for which they have applied. I know of one situation where there were four roles going and two women Where an appeal has been lodged … and two men were appointed – the best the PRSB hears and determines the people for the job. Only the two women claims to promotion and/or transfer … got appealed (female interviewee). The Chief Commissioner must give The Review heard that the appeals process may effect to the appeal decision of the lead to insecurity for successful job applicants PRSB. and undermines the capability of Victoria Police Legislation provides that appeals to manage its own workforce. The process proceed by way of re-hearing. This encourages the attitude that Victoria Police is constitutes a fresh consideration of ‘unique’ and cannot function as any other major the efficiency of the parties based Government employer. on oral submissions and responses Ideally, you want to be interviewing to questions during the hearing. at least four people for each position, The re-hearing process provides an but this is limited by applicant opportunity for applicants originally 218 Police Registration and Services Board, 2013-14 Annual Report, 6 215 Public Administration Act 2004 (Vic) s 64.
192 Independent Review Figure 29: Women’s progress through the transfer and promotion process
50%
Applied
Selected
Appealed
34% 31% 32% 31%
27% 27%
22% 20%
17% 15% 13%
9%
4% 4% 0.0%
60 Cons/Snr Const Sergeant Sr Sergeant Inspector Superintendant Commander
numbers. Everyone who applies is an 26 month period.220 This includes approximately applicant under the Act. … In most 60,000 applications. The results can be found in organisations, potential applicants can Figure 29. file a grievance, but in Victoria Police For each rank, the graph displays: the process allows them to compete on merit again – essentially running the • First column: the proportion of applications race twice (senior manager). from women (so for sergeant positions, 15 per cent of applications were from women In looking to the future, the appeals process, and the remaining 85 per cent from men) if expanded in any way, may also significantly hamper the ability to recruit and retain expertise • Second column: the proportion of selectees and talent from other sectors through lateral who were women (so for senior sergeant entry, putting Victoria Police at significant positions, 20 per cent of selectees were disadvantage: women and the remaining 80 per cent were men) Gender analysis of police transfer • Third column: the proportion of selection and promotion processes appeals where the selectee was a woman (so for inspector positions, 50 per cent of A gender representation analysis of the appeals were for female selectees and 50 police transfer and promotion processes was per cent for male selectees) undertaken to assess current arrangements. This analysis was conducted by comparing the proportions of women who: a) applied for; b) were selected and; c) whose selections were appealed, for all police positions advertised in a 220 For the period 1 July 2013 to 1 September 2015. Information provided to the Review by Victoria Police, 13 November 2015.
Chapter 8: Promotion and career planning 193 These proportions can be compared to Promotion the overall proportion of women in the police workforce (26 per cent) to assess representativeness within the transfer and Identifying and modelling promotional promotion process. pathways The Review heard consistently of the gendered Further, within each rank there should be a expectations of the workforce aligning with similar proportion of women applying, being gendered expectations relating to the domestic selected and being appealed. This is the case sphere and the changing world in which police for constable and senior constable positions, now find themselves: where applications from women make up 31 per cent of applications, 32 per cent of selections If I can get the women to sergeant then and 34 per cent of appealed selections. it’s highly likely I can keep them moving Looking at applications and selections, up to senior sergeant. For a lot of them, the data indicate women are substantially it’s balancing the kids. A lot are married underrepresented as applicants and selectees to police and they say “he’s going to go for all ranks except constable, senior constable on with his career” and I say “you’re in and inspector. This pattern is particularly the same job … why do you assume he’s marked for superintendent and commander going to go ahead?” They never question positions, where very few women applied it until I say “you can have both, you can and fewer were selected (none in the case of put in for flexible work hours”. commander positions). I recently put two [senior] policewomen The Review heard from participants of a at the same station which is usually bias toward appealing selections of women. never done and people were asking Superintendent and commander selections “why didn’t you put one at each?” I cannot be appealed so this applies to ranks challenged that saying that “there are below these only. The data provide strong usually two men at every station, what’s evidence of this for inspector positions with the the difference?” … I’m looking at skill proportion of women appealed almost twice set and fit (female interviewee). that of the proportion selected. A similar but In its discussion about the principle that the smaller pattern was evident with senior sergeant diversity of leadership increases capability, the positions (proportion of women appealed ADF Review suggests the importance of visible 11 per cent higher than proportion selected). leadership arguing that: There was also a small overrepresentation of appeals for women in sergeant selections. While a handful of women in visible The data support the existence of systemic positions should not be read as a barriers to women’s progression beyond critical mass, it is nevertheless crucial senior constable rank. There is also evidence that other female personnel are able to of individual and/or collective bias in appeals identify role models.221 against selection of women for supervisory and Unlike some other organisations, which have officer positions. a regular practice of ‘parachuting’ in senior The Review notes that the outcomes of women from other businesses or sectors to promotions and appeals should be monitored leadership positions, the sworn workforce in and reported as part of the Gender and Victoria Police has clearly defined pathways Diversity Strategy performance framework. into senior roles through the police officer rank structure. While this is problematic in many ways, it does give sworn women in Victoria Police the opportunity for a clear line of vision
221 Australian Human Rights Commission, Review into the Treatment of Women in the Australian Defence Force – Phase 2 Report (2012) 586 (Meeting with ADM M Ferguson, Vice Chief of Naval Operations, USA).
194 Independent Review to trace and emulate the career pathways of for public servants, including within Victoria those ahead of them. Currently the value in this Police. approach is constrained by the limited numbers Impacts included that the VPS staff who or complete absence of women in senior roles remained often felt ‘stretched’ and that they as role-models, as well as limited examples of were “punching above their weight” within the the organisation providing flexibility. organisation. Public servants The Review heard that as a consequence, managers were sometimes advised to In the case of the public service workforce, encourage their VPS staff only to undertake many senior, female staff have come from tasks aligned with their position description outside the organisation rather than being (site visit). developed and promoted through the organisation. For public servants, there were It was assumed that police could undertake the clear obstacles to professional development or specialist roles previously undertaken by the promotion, and a lack of emphasis on building VPS and sworn capability was used to fill VPS people’s skills. One senior female public service roles. employee told the Review: … recently, the organisation has been I think I could add more value than replacing skilled VPS staff with sworn I do, here … I was asked if I was ready members. We have sworn people in for promotion – but where would I go? positions that don’t need to do those I said promotion opportunities are roles and are not qualified to do them! limited and I am not currently used to (female interviewee). my full potential (executive interviewee). This was despite there being: For women in sworn-dominated workplaces, such as stations and units, their role is … certain areas that would be better often seen as an unchanging support role. run by VPS. VPS staff would be able Interestingly, this view is reinforced by the to satisfy the role function, enabling organisation in the 2014/15 Annual Report, VicPol to redirect sworn members to which refers to the role of VPS as ‘support’ better service any operational needs … to police and PSOs, rather than one which I am aware that sworns are sometimes provides a public and community service in surprised when an unsworn arrives operational capacities, or a driver of quality in an operational information/training assurance, or policy and system reform in their session run by the Command own right. (female interviewee). These findings, and the perception of better It’s consistently reinforced that VPS protections of (and benefits for) police than staff exist to support police work. VPS VPS contained in enterprise agreement, results staff see themselves as second to in a devaluing of public servants within the the sworn members. The consistent organisation, with funding implications for the reinforcement of that message is not organisation, given the relative cost of police to best practice (executive interviewee). VPS and the pressures on frontline policing. Those VPS at the station level often spent many As noted in Chapter 5, the Review believes years in a VPS 2 role, growing in experience that recommendations in the State Services and expectations around their role, without Authority Inquiry into the command, commensurate promotion opportunities. management and functions of the senior On top of this, the Review heard about the structure of Victoria Police (2011) around impact of the recent Sustainable Government improving the flexibility of existing funding Initiative, where there were significant job cuts models would have a significant and beneficial effect on not only organisational efficiency but
Chapter 8: Promotion and career planning 195 the relationship between public servants and the opportunities because they have police within the organisation. children, they experience degrading comments, have feeling of isolation and In terms of whether there are good lack of support (female interviewee). opportunities at the more senior levels, it was suggested that As a woman, there is a sense you need extra credibility to even apply for the I hope so. I am ambitious and driven. job (Chief Commissioner of Victoria When you get to the VPS 6 level, there Police). isn’t that much transition in terms of turnover (female interviewee). These comments suggest that women’s progression opportunities are strongly impacted Applications for higher roles by organisational attitudes and behaviours Not only does discrimination harm women’s to women generally and women who utilise career progression, it also has a negative effect flexible employment conditions in particular on women’s work attitudes and health.222 (see Chapter 7). In addition, they suggest that women lack confidence in the value of Aside from the in situ promotion from constable their experience in the broader context of to senior constable after four years (and after the organisation and have concerns about a the fulfilment of various conditions), other general lack of support and access to flexibility promotions within Victoria Police require at higher ranks. candidates to put themselves forward and apply for promotion. My corro sergeant has encouraged me to upgrade. But I don’t feel like I’m there Employees told the Review about a range of enough (female interviewee). reasons that women did not put themselves forward for promotion or transfer. In part, The Review heard suggestions that higher level they related to women’s levels of confidence roles were sometimes not attractive to women: and their experiences within Victoria Police … I speak to a lot of them, they have (see chapter 4), and partly to the stigma family and they’re not interested. It’s or expectations of accessing flexible work not attractive. Women just don’t want it arrangements. (executive interviewee). A variety of societal issues contribute … there still aren’t many female to the ‘glass ceiling’ for woman. … An bosses. It isn’t a discrimination issue, attitude that “you can’t be a manager if it’s just the path people take (female you are part time”. I hear this time and interviewee). time again from senior male and female staff, meaning that potentially terrific Some might argue that this is personal choice, female leaders aren’t even considered however, the Review heard from many women for senior roles solely on the basis they who had achieved seniority about the extra are part time. Part-time female staff challenges they faced in also having to manage themselves do not even put themselves sex discrimination, including poor attitudes and up for such roles because of the behaviours directed at them based on their weight of this attitude … (male survey gender. In addition: respondent). There’s no exit interview process Women tend to confide in you when at present even though women are you go in as a temporary Senior leaving more and they’re not applying Sergeant. They tell you they can’t get, for higher roles so we think there are or they feel they can’t get, upgrading systematic barriers or is it personal because they’re female, they don’t get choices? We don’t have the evidence because there’s no exit interview 222 Australian Human Rights Commission, Supporting Working Parents: (female interviewee). Pregnancy and Return to Work National Review Report (2014) 46, 100–103.
196 Independent Review As part of the broader Equity and Diversity The organisation’s policies and procedures and Strategy recommended by the Review, if women information received from the TPU continue are indeed making this choice, it is important to to refer to KSCs. The Review team presumes, understand the workplace context in which they however, that these KSCs are linked to the are making it. capability framework. Recommendation 6 requires that Victoria Police The Review team heard of limitations in the introduces exit interviews for all resignations interview process. and retirements and monitors the data collected for trends around attrition of particular We expect a lot of the interview groups, and use this data to inform targeted process. It needs to reveal an interventions. applicant’s underlying commitment to our values and organisational direction The issue of clear pathways and career as well as their ability to perform the planning for women in obtaining senior or technical aspects of the role. It must non-traditional roles is not unique to Victoria be conducted in a manner that allows Police, and the organisation can take lessons the selection panel to determine the from other industries who have also taken the most efficient applicant in a period of important step to attain gender equity: approximately 45 minutes. For example, if the position being filled relates to Achieving any major change also takes managing and leading others, the commitment from every leader in an interview process needs to reveal an organisation, not just its most senior. We applicant’s ability to exercise sound have found that women’s experiences, judgement and influence others and their advancement, are often too accordingly in the context of the role. dependent on whether they are lucky That needs to be done by asking enough to have a manager or sponsor an average of four or five questions. who is supportive and inclusive. We We are always striving for a balance need to end the leadership lottery.”223 between testing for ability at level (rank) and testing for ability to perform the Selection criteria technical functions (role). We do our best but in the end there is always a The process level of compromise (senior manager). In 2011, under Chief Commissioner Simon Overland, Victoria Police introduced a capability The composition of panels framework (discussed earlier in this chapter). For public servants, the Transfer and Promotion The framework was discussed at the start policy states that: of this chapter. This was a concept that was already in operation within the Australian Public The panel should: Service. The capability framework: • be selected to ensure Victoria Police diversity principles are met, for example, … replaces Key Selection Criteria (KSC). where female applicants are interviewed a KSC are minimum job requirements female panel member must be included on for a role – now we have a capability the selection panel framework. There are lots of descriptors. That is what we measure against in our • consist of two or more members … selections … In an interview, we will • be of an equivalent level or higher than the ask questions against three or more vacancy, and capabilities and a scenario question that • include an individual who is independent relates back to the capability framework or neutral to the area and is familiar with (senior manager). effective selection processes … 224
223 Male Champions of Change, ‘Accelerating the advancement of women in leadership: Listening, Learning, Leading’ (Australian 224 Victoria Police, VPM Instruction 306-10 Transfer and Promotion Human Rights Commission, 2013) 7. (Unsworn) (updated 03/11/08) section 6.1.2.
Chapter 8: Promotion and career planning 197 This policy also outlines expectations around person. I think this is great. I’m not sure training and qualifications for convenors. if they do this for senior appointments though (female interviewee). The Review understands that the selection panels for police: The Review sees value in this process, particularly given the disproportionate burden must include at least one employee of on senior women, given their limited numbers, the same gender as the applicant to be and the need for more, senior women on panels. interviewed.225 In addition, there was concern expressed about Review participants commented on the the relative status of public servants and police composition of panels suggesting: within Victoria Police which was a broader issue We always have a local management discussed earlier in this chapter. One public representative and independent servant noted: members on the panel as well. The When you employ a police person, sworn panel members are usually a the only way to be on the panel is if rank above the position that is being there are more sworn members than filled. We have to have gender balance VPS … I think that people more suited and luckily for us, most of the TPU to positions may be picked if ‘panels’ staff members are female. Otherwise, were more reflective of the community we would be asking the same police rather than the hierarchy. Why can’t an women over and over to assist (senior unsworn be on the panels more often manager). and why are the rules so stringent? I The Review heard that TPU processes are have recently been on a panel and a managed by the convenors who are VPS level complaint was made because I am not 4 consultants either with Human Resources the direct line supervisor of the sworn backgrounds or who have risen through the officer but they have an important levels in Victoria Police. role to play in my team in terms of leadership … On one panel I sat on, Participants raised concerns about the I had to ring around and find a sworn composition of panels in practice. It was member to sit on it as well. There’s still suggested that ‘The promotion process is a an attitude that public servants aren’t joke’ and that it is ‘easy to stack the panel’ as as important (executive interviewee). there are three people on a panel (one from the Transfer Promotion Unit and two police) In addition to panel composition in terms of and that the convenor of the panel is usually gender and police/public servants, there is also ‘less influential’ as well as being the female, the a question around capabilities. One interviewee independent member and the VPS 4 from TPU stated: and often the most junior person in the room.226 Here’s an ethical point worthy of I’ve sat on panels before and they ask discussion. I am going through a ‘who do you want?’ … That’s what the selection process for a senior sergeant Transfer & Promotion Unit was meant to position. There are referee reports do – stop cronyism. The TPU staff don’t available to me. One is signed off by have seniority to challenge higher ranks a … detective inspector [who] was (male interviewee). previously one of my subordinates and [in whom] I have a lot of faith … One person did state, however, that: [The detective inspector] has indicated In terms of workplace practices, they in that report that [the applicant] … sometimes had panels with an external was demoted for inappropriate sexual behaviour towards someone in the workplace within recent times. 225 Victoria Police, VPM Instruction 306-2 Transfer and Promotion System (police members only) (updated 13/9/10, under review). I did not read the referee report and 226 Information provided at a site visit.
198 Independent Review as a selection panel, we shortlisted the not want a woman in that job applicant out of the selection process (male interviewee). based solely on an inadequate KSC submission. The question is, if these I don’t even know why we hold things come to your attention, do you selection boards and have applications ignore them for the sake of objectivity/ for transfer. If a work unit want a impartiality in the selection process or member, they usually get him. do you go with your intuition and not His KSC is valuated [sic] as ok select that person if he is the highest and he is leaked the board questions rated person applying for the position? (male survey respondent). (male interviewee). In Vic Pol you need to be aligned with This quote draws attention to situations the right people. It’s not your skills and where, even where their behaviour has been experience. You need to be connected identified and responded to (which this (male interviewee). report demonstrates is often not the case), As has been noted in organisational change harassers may be promoted through different management, however, even with the right people, interpretations of the term ‘merit’. The above the issue of organisational culture is important as quote highlights the importance of appropriate ultimately, ’culture eats strategy for breakfast’. training for all panel members in relation to panel processes and in particular, what comprises When I started at VicPol, promotion was ‘evidence’ for the purposes of panel processes. based on the time in position. That’s This may be quite different to what comprises why people were so obsessed with ‘evidence’ for investigative policing purposes. their registration number. It did change The need to adequately capture poor to a merit based system but you would performance is discussed in more detail in still get a bunch of blokes on the panel. Chapter 10. Their view of merit is ‘Someone who looks like me. I decide what looks good’ (female interviewee). The outcome As discussed later in this chapter, there was It is clear that monitoring and accountability great scepticism around whether the transfer is vital in this area. In the absence of and promotion process was actually merit organisational accountabilities that sit within an based. There was a strong feeling that: Equity and Diversity Strategy, some managers have taken it upon themselves to ensure that In this organisation, people know other appropriate processes have been followed. One people, given for many this is their senior member stated: whole career. I’m not sure they are always picking the best person on merit When I get the files for promotion (executive interviewee). selections, I look at how many females applied. Recently eight out of thirty were ‘Jobs for the boys’ female. I asked the convenor why none Some participants suggested that it went got a panel. And then I might validate further than this and perceived highly unethical it by calling for the panel files from the practices in the recruitment processes: Transfer and Promotions Unit (TPU).
In my own experience, I went for a job I’ll ask “tell me how you satisfied yourself and there was a female who also went that not one of those females were good for the job and the detective senior enough to get the panel?” … sergeant did not want the woman to (female interviewee). get the job, so he tried to give me the A process requiring intervention and audit answers which I refused … I didn’t where women have not applied, are not evenly report him because of his seniority and represented or have not been selected for he was going to retire shortly … He did
Chapter 8: Promotion and career planning 199 interview closely aligns with broader work being management skills and in particular, the skills done in the private sector.227 to manage issues like sexual harassment, leads to increased victimisation of women. The Review considers that an intervention audit model will assist to ensure transparent and Part of the problem is that there is equitable promotion practices. a serious lack of leadership – we While it is important to invest in development promote good coppers not good and support, including bias awareness, change managers … they completely lack the leadership and coaching it is also important to skills necessary to do this … There are examine the informal culture of the organisation. born managers and leaders who get This was discussed earlier in the chapter in into management and it’s fantastic. relation to the capability framework. But the majority … have no natural or taught ability to manage people Where women do not apply, are not equally (female interviewee). represented in applications or are not selected for panel interview for all VPS and sworn roles, I’ve always wanted to be a senior the Deployment Unit should be required to sergeant and to run my own station but undertake an audit based on the principle of now the role of senior sergeant is seen “50/50: If not, why not?” in partnership with as a step to Inspector. … I could say local management. The outcomes should be I am a good people manager and it is reported to Command through the Equity and not of interest. People management Diversity Work Plan ongoing reporting process. is not valued in the promotion and retention process (male interviewee). Operational skills continue to be preferred 2. Moving and promoting problem people. over people management skills The Review heard that promotions are based on The Review continually heard that operational operational skills, not people management and skills were valued over people management. that: … we don’t prepare people for The practice of moving people as a managing people … we don’t prepare management strategy [is] definitely still them when they qualify, when they widespread (female interviewee) are promoted. There is a sense that everything to do with people In conversations with employees, the Review management is the ‘fluffy stuff’ was told there was one sergeant who was or soft skills, so it is not prioritised. promoted to senior sergeant at a ‘boys club’ The emphasis is on the operational … station. He was promoted despite there being We have inadvertently prepared the a joke going around that he hated women (site wrong people for promotion. And then visit). we wonder why they can’t manage In conversations with employees, the Review people (female interviewee). was told there was one sergeant who was The lack of focus on people management promoted to senior sergeant at a ‘boys club’ in the organisation is discussed in detail in station. He was promoted despite there being chapters 9 and 10. This affects the quality of a joke going around that he hated women (site managers on panels and also the quality of visit). candidates selected by those panels. This Together, these two impacts result in: negatively impacts on workforce capability, and in particular the elimination of sex discrimination 3. Maintenance of the status quo in terms of and sexual harassment, in a number of ways: attitudes to women and limiting women’s access to career opportunities, in particular, 1. Promoting people without sound panels still preference masculine notions of
227 For further discussion of initiatives in this area, see Male Champions policing. of Change, ‘Accelerating the advancement of women in leadership: Listening, Learning, Leading’ (Australian Human Rights Commission, 2013) 24.
200 Independent Review This is in the context that: that unless women or diverse groups can ‘meet the standard’, they are not welcome in the Leadership from the top is critical police force. but not enough. Middle managers determine the day-to-day experience Tailoring role capabilities in our organisations. When inclusive leadership isn’t clearly valued above Chapter 7 argued that Victoria Police need other styles, we end up with a potluck to reassess the true capabilities for roles in situation that can adversely and acutely terms of their physical requirements. Similar impact the progression of women … 228 processes should be undertaken by Victoria Police in unpacking the actual duties and pre- Despite recent efforts to change organisational requisites of roles across the organisation to culture, including through the development determine the inherent requirements of the of a capability framework for the skills particular roles. and competencies valued in promotion to managerial positions, culture continues to Telstra engaged in an assessment process like influence decision-making in promotions, and this when they were trying to shift graduate warrants attention. recruitment to 50 per cent male and 50 per cent female. They undertook a detailed analysis Sometimes women aren’t upgraded to understand the technical requirements because they are told they need for Telstra graduate opportunities and in the ‘emotional development’. At Victoria process: Police, you can’t show your emotions or the bosses think you are weak. For Myths were debunked when it was example, a female officer recently found that a much smaller number of went to a [road traffic] accident. She roles than originally thought would 229 was upset when she got back to the actually require a technical degree. office. Her managers were worried There may be particular areas where traditional she couldn’t do the job … but … at the conceptions may be relevant, for example, scene, she was professional and did her job well (female interviewee). … people should be promoted on their ability to perform in the role, which The unwritten standards around the traditional/ sometimes in specialist divisions, relies historic notions of policing and views about the on strength and fitness. Of course, a inherent masculine nature of policing or the vast amount of roles in the police force ideal police officer being male, with no caring or may not require this level of strength parental responsibilities, and working full time, and fitness (female survey respondent). (see Chapter 2) is integrally linked to transfer and promotion opportunities. Participants, in line with the organisation’s Blue Paper, suggested that greater value may We shouldn’t be lowering/changing need to be placed on other capabilities,230 recruiting standards just to make it for example easier for women or minority groups/ races to join Victoria Police. The … emphasis should be placed on the standards should be maintained and ‘customer service’ side of policing in prospective applicants encouraged to serving the community. This would lead come up to the standard (male survey to qualities such as approachability, respondent) good communication and affability being valued over qualities like physical This conception of the skills required to be an size, aggressiveness and a macho effective member of Victoria Police suggests that they are the primary domain of men and 229 Male Champions of Change, ‘Accelerating the advancement of women in leadership: Listening, Learning, Leading’ (Australian Human Rights Commission, 2013) 23. 228 Male Champions of Change, ‘Accelerating the advancement of women in leadership: Listening, Learning, Leading’ (Australian 230 Victoria Police, Victoria Police Blue Paper: A Vision for Victoria Human Rights Commission, 2013) 8. Police in 2025 (2014).
Chapter 8: Promotion and career planning 201 CASE STUDY: Structuring role capabilities to better meet community needs
The Critical Incident Response Team (CIRT) is a specialist unit of around 200 police responsible for providing a 24/7 tactical capability. This includes: response to critical incidents not involving firearms; including people threatening to harm themselves; close personal protection of dignitaries; negotiation; and tasked operations such as forced entry of buildings. Recently the CIRT reviewed their negotiation capability to assess whether the existing approach was effective in meeting business needs. Until recently, the practice was for negotiators to be drawn from within CIRT personnel and provided additional technical and physical training. This was not providing the optimum pool of personnel with highly developed interpersonal communication skills to maximise effective negotiation. Further, the model of having CIRT members in uniform and carrying high powered weapons, engaging with distressed or drug affected people was at odds with the need to gain trust to negotiate. In addition, less than five per cent of CIRT personnel are women and there are only four female negotiators. For women in the community who are traumatised from sex abuse and other violence at the hands of men, the use of male negotiators is often not appropriate. In consideration of these issues, the CIRT has changed its structure to have a dedicated negotiator capability, with suitable personnel recruited from the whole police workforce (rather than from only within CIRT). With an improved gender balance and the optimum skills, negotiators (who will dress in plain clothes) will better meet the needs of the Victorian community.
attitude. I believe this would begin … the police force is employment for a to permeate all aspects of Victoria career. We have minimal lateral entry. I Police and therefore would affect think that is quite compelling. the interactions between individuals It means that there is not always and groups whilst changing attitudes a cohort of experienced female towards each other and fostering a applicants for promotional positions greater respect for everyone. … (executive interviewee). (male survey respondent). The Male Champions of Change report suggested that at the moment: Valuing non-traditional pathways The key to increasing female representation Many of the pools that we source within Victoria Police is in part, increasing candidates from are male-dominated. access to less traditional recruitment and We need to look more broadly. There promotion pathways. are other ways beyond time in a role, that people gain capabilities, skills and experience231
231 Male Champions of Change, ‘Accelerating the advancement of women in leadership: Listening, Learning, Leading’ (Australian Human Rights Commission, 2013) 22. 202 Independent Review This would appear to be particularly relevant be addressed as part of the professionalisation to Victoria Police. Unnecessarily narrow criteria of the organisation. can restrict women’s advancement: Victoria Police, in developing Equity and Diversity If the only profile we think of as Strategies, coordinate a review of the inherent successful is direct and unbroken capabilities required for different roles, articulate experience, then we will bias selection. the role requirements and identify and mitigate We may overlook people with other any potential gender impact as necessary. equally valid backgrounds and capabilities232 While the Review would suggest that greater flexibility in terms of organisational mobility is RECOMMENDATION 11 essential, there is a long way to go in terms of education and attitudinal change within the organisation to accept the legitimacy of these That Victoria Police reviews the inherent approaches to workforce capacity building as requirements for roles to ensure they reflect the legitimate. As noted earlier, what the Review task required. repeatedly heard, was that the more traditional, operational policing skills were more valued in terms of promotion within the organisation. Experience There’s a culture of not rewarding people who leave. You stay in through Without doubt, relevant experience and the tough times. So some people did professional development are key elements not want to accept the re-employment that support promotion and advancement, of members who had left to, say, have yet women are disadvantaged in access babies (female interviewee). to assignment, higher duties and training It would be reasonable to assume that opportunities, compared to men. the organisation does not cope well with external people. Lateral entry can Assignments and acting assist but you again need a critical It is reasonable to assume that in addition to mass. … Lateral entry won’t be the mandatory qualifications required for each panacea. It will have an impact in five position, ‘experience’ includes such things as to ten years’ time, unless you get some higher duties assignments and exposure to exceptional people through the door particular parts of the organisation relevant now … (executive interviewee). to the role being applied for. As noted above, under the policy that applies to public Anecdotally the Review also heard that servants, work performance explicitly includes in the recent recruitment drive for senior performance while on assignments.233 leadership roles, the Key Selection Criteria had not included experience in operational The Victoria Police policy on the Assignment policing but that it was added later because of Process states in its introduction that: organisational backlash. A respect for traditional As higher duties assignments represent a policing models may mitigate against building significant expenditure out of the salaries and the capacity of the organisation’s workforce. wages budget, there is a need to ensure that: In addition to the above, there is a continual tension between the roles of police and public • assignments are appropriately managed servants within the organisation that needs to within available budgets • the principles of merit and equity are applied
232 Male Champions of Change, ‘Accelerating the advancement of women in leadership: Listening, Learning, Leading’ (Australian 233 Victoria Police, VPM Instruction 306-10 Transfer and Promotion Human Rights Commission, 2013) 25. (Unsworn) (updated 03/11/08) section 6.3.8.
Chapter 8: Promotion and career planning 203 • employees are recognised and rewarded for I have two [women] trying to upgrade at actual duties performed in accordance with the moment but it’s impossible. The senior employment conditions.234 sergeants block upgrading and don’t feed The policy details a process that should apply information back to the superintendent. where an assignment is for a period in excess The inspectors don’t support women either of three months. For assignments of less than (female interviewee). three months, it is unclear how these operate. In both cases, it is unclear where decisions These differential opportunities are particularly about who should have opportunities to act in relevant in the context of the drop off in the higher duties roles are made and what, if any, representation of women between senior accountabilities sit around this. constable and sergeant. While it might be Opportunities to act in more senior roles is an suggested that the numbers above can be important factor in promotion. Under the VPM, explained by the proportion of part-time women it is recommended higher duties are assigned at the senior constable level, two points must be to members qualified for promotion.235 However, made. The first is that as at April 2015, 24 per the Review heard that employees who have not cent of the full-time, senior constable workforce yet qualified may be assigned where no other was female, so even considering only the full- suitable person is available. time, female workforce, women are significantly The Review noted differential access to under-represented in the number of days acting opportunities to act in higher level roles. in higher level roles. The second point is that if these opportunities are not being provided to women who are employed on a part-time basis, Victoria Police workforce data states that in this is likely to have a significant impact on the the 2014/15 financial year, sworn women overall retention of women and may constitute were given around 18 per cent and men 82 indirect discrimination. per cent of the total number of days where These statistics fit with suggestions that:237 someone was required to act in a higher role. This varied across ranks. Women comprise Sex discrimination is very evident around 31 per cent of senior constables; regarding promotion. Police women however they acted up for only 20 per who are pregnant, on or returning cent of the total days available for higher from maternity leave are discriminated against when seeking higher duties duties.236 (part-time usually cited as the reason) or seeking promotion [and] feel obligated to return in a full-time capacity to further their career because they are discriminated against … (female survey respondent). For those at inspector level, days upgraded were proportional to the representation of women however given the low numbers of women at this rank (around 13 per cent) and significant drop off in their representation between inspector and superintendent, proportional representation at this point is clearly insufficient. While 5 per cent of superintendents were 234 Victoria Police, VPM Instruction 306-13 Assignment Process women, only 2 per cent of upgrading days at (updated 22/11/10) s 1. 235 Victoria Police, VPM Instruction 306-13 Assignment Process (updated 22/11/10) s 5.1. 237 These figures were calculated based on full time and part time staff. Men and women on any type of leave (see chapter 7) were not 236 Victoria Police data – Leave and Higher Duties, 1/7/14 – 30/6/15. factored into this equation.
204 Independent Review this rank were undertaken by women. These are eligible for promotion, who then are either statistics were reflected by the experiences of successful or unsuccessful in accessing higher participants who suggested that: duties assignments or promotion. This data is essential to understanding any differences … women are given less opportunity in opportunities available to men and women to enhance their careers. All members within the organisation. go on a suitability list to get to the next level. Men seem to get a lot more Training opportunities opportunities to act in the more senior roles. They get upgraded for a year or There are a number of ways that access to two at a time where a woman might get training is important for promotion. The first three weeks here or four weeks there. I is where it is a pre-requisite for access to 238 know of three women on the suitability more senior roles within the organisation. list. The difference is that when men get The Transfer and Promotion Unit VP Selection on the list they go to the top. Women Report template, for example, notes that to be become the filler – it is not done on successful in gaining a role, the candidate must: merit. The thinking is, “Well, Jim and [hold] all of the mandatory George aren’t available, so we’ll just qualifications to apply for the position take Kate” (female interviewee). in question and has completed and Within the public service, the picture is perhaps passed the Sergeant Pre-Promotional even more striking given the very large numbers Exam.239 of women in this workforce and the clear There is also more general career enrichment discrepancy between men and women in training for police required to join particular opportunities to be promoted. Overall, female units or squads. This is particularly important public servants acted up for 65 per cent of the for women because the pathway to flexible work total days where higher duties assignments opportunities is often dependent on being able were undertaken. to join specialist units. Chapter 9 of this report discusses training and Women at the VPS 2/F02 level acted up in 72 education within the organisation and finds per cent of days available for higher duties that the hours that training is provided are (where they make up 80 per cent of VPS2/ generally geared towards full-time staff and are FO2 employees), however at VPS 7/FO7, this sometimes even run on a residential basis. This, dropped to 16 per cent of days (where they alongside geographical considerations, makes make up 26 per cent of VPS employees). the organisation’s training inaccessible for many women, particularly those who are employed on a part-time basis. Days of executive women acting in higher level roles where there are a comparatively small In training this could be achieved by shifting top number of days and a very small selection pool, down or order of merit selection to one which increase again, with 90 per cent of the 126 days identifies a line above which all candidates are available at higher duties being filled by women. meritorious for the purposes of training (similarly to recruitment, as discussed in Chapter 7). Of the 302 upgrading days at PSO senior level where women represent only seven per cent of the workforce, 16 per cent were undertaken by women. Importantly, no woman had acted at the PSO Supervisor level for any period of time in the 12 month period, despite women 238 Victoria Police, VPM Instruction 304-2 Promotional Programs comprising 15 per cent of the workforce at this (updated 08/01/07). Section 5 refers to the Promotional/Qualifying level. Programs required to become confirmed as a Sergeant, Senior Sergeant or Inspector. The policy does not detail the promotional Victoria Police was not able to provide gender programs required for PSOs to rise through the ranks. 239 Transfer and Promotion Unit VP Selection Report. Information disaggregated data around members who provided to the Review by Victoria Police, 9 October 2015.
Chapter 8: Promotion and career planning 205 and similar years of service applied for the job, the person with a year’s longer service would get the job or RECOMMENDATION 8 could appeal it. In terms of the gender impact, anyone who has joined the force later or taken family leave/study leave is disadvantaged despite your Victoria Police reviews and improves professional capacity arrangements relating to promotion pathways (female interviewee). for women including: As noted above in relation to the transfer and • Through central and localised Equity and promotion processes, there is now reference to Diversity strategies and workplans, regularly seniority not being a factor in the consideration review gender disaggregated data relating of effectiveness. Evidence presented at the to key promotion criteria on who is accessing start of this chapter in relation to merit based upgrade and transfer opportunities. promotion, however, suggests that much of • Include training to be developed by PDC the organisation was either not abreast of the about utilising clause 63.6 of the Agreement change or were not seeing evidence of the to allow progression for constables who have change in practice. It was suggested that: taken a period of unpaid parental leave and do not have 12 months’ salary payment at Victoria Police’s biggest issue is that its their current progression point, but otherwise hierarchy is based primarily on time- meet the performance and capability criteria in-service and not merit. There are too for promotion. many dinosaurs and men from bygone eras in positions of authority to effect • Design and implement employee career any real change on any modern issues planning and support, which includes clear (male survey respondent). pathways and support for women to pursue professional development and training in It was also suggested: leadership and non-traditional roles and There is a view that for many years formal sponsorship. seniority was the basis of promotion. • Under academic governance guidance, Now there is a system of merit which review the Senior Management Leadership enables continued discrimination – Program and learning support mechanisms it is a complicated issue to ensure alignment with the contemporary (The Police Association Victoria). requirements and needs of women for Related to this is the Victoria Police Force leadership. Enterprise Agreement (Agreement). The As part of the performance framework application of the flexible work clauses of the (Recommendation 3),within 18 months, women’s Agreement, which were discussed in Chapter access to upgrading and training opportunities 7, also impact on the areas of transfer and is at least proportional to their representation promotion. However, there are clauses within in the overall, relevant workforce (police, PSO, the Agreement which specifically relate to public service) and within three years, 50 per promotion and pay progression which might cent of all upgrading, training and transfer also have a disproportionate effect on women, opportunities are accessed by women. parents or carers. For example: • An assessment of suitability for progression is conducted annually against the agreed Length of service policing capability framework. Employees In the past, it was noted that: must have received salary payments at their current progression point for a period of The HR process seemed antiquated. 12 months to be eligible for progression to Everyone gets a number at police. the next point. This includes progression If two people with the same skills
206 Independent Review for “in situ” promotion from constable to Career support for women senior constable (which requires four years’ service). Where this salary criteria is met, and the person is assessed as suitable Development support against the capabilities, they will progress. The Review emphasises the importance of role However, where a person has not received modelling and sponsorship not being the sole salary payment at their current progression domain of senior women in the organisation: point for a period of 12 months, or where a person has been absent for 12 months or There are a lot of good superintendents greater on unpaid leave, they are not entitled in terms of supporting women. … to progression for that cycle. This will affect There’s also the inspector rank. The employees who have taken any form or demands on leaders are phenomenal. length of unpaid parental leave, including They still need to pick up their kids and extended unpaid parental leave.240 things like that and mentoring is often in their own time (female interviewee). • Where an employee has taken a period of paid leave for three months or more, and The Review acknowledges the strong their employer believes that because of perceptions of many employees that local the length of absence their performance is initiatives aimed at supporting women was unable to be assessed, progression may be ‘separatism’ and anti-meritorious. deferred. Employees who have taken their There is still a divisive counter culture paid maternity/adoption/other parenting which pedals a sort of women first arrangement leave are likely to be caught at all costs approach … It insults by this provision – either by taking leave the policewomen who have been entitlement at full pay for 14 weeks (3.5 here for many years … (male survey months) or at half pay for 28 weeks respondent). (7 months).241 However, Clause 63.6 of the Agreement At the same time, the Review provides clear and provides an exception to the rule. Where an unequivocal evidence of the significant level of employee has demonstrated suitability to sex discrimination and sexual harassment within progress and 12 months has elapsed since Victoria Police. progression, but they have not received 12 In the context of the obligation in the Equal months’ salary (such as because they were on Opportunity Act to take reasonable steps to unpaid parental leave), then their employer has eliminate discrimination, sexual harassment and a discretion to allow progression despite not victimisation, Victoria Police must do more to meeting the salary criteria. It is not clear to the ensure women are not discriminated against in Review how often this was utilised or whether the area of promotion. employees or managers knew about how to go about utilising this clause. Targeted programs for women promote substantive equality of women in the workplace, Recommendations relating to the Enterprise under the ‘special measures’ provisions of the Bargaining Agreement can be found in Equal Opportunity Act (previously discussed in Appendix 1. Chapter 7 in relation to recruitment). The Review heard of a number of programs that have been lead and implemented for women, and that these were of great value to women, particularly more isolated women, for sharing expertise and support (see Chapter 4). However, some women reported that women- specific initiatives are not effective in achieving 240 Victoria Police Force Enterprise Agreement 2011, AE889678 (19 December 2011) cl. 63. their aims, either because they didn’t have 241 Victoria Police Force Enterprise Agreement 2011, AE889678 (19 December 2011) cl. 63.7
Chapter 8: Promotion and career planning 207 sufficient support centrally, or because they level leaders is there – they get were limited in their capacity: opportunities, but others lower down are left to fend for themselves. There Some of us have been involved in is no formal coaching, mentoring or Women in Police initiatives. They supervision process that supports their weren’t effective and were seen as development (female interviewee). tokenistic. It will take a lot more than that – it will take a long time to change – There is a lack of role models … in there’s still a long way to go higher [roles] who demonstrate that you (female interviewee). can work hard without working massive overtime. Those who have been As part of the organisation’s Equity and promoted have worked the long hours. Diversity Strategy, Victoria Police should Do high ranking members knock off at resource and coordinate women in policing 3pm to pick up their children? committees for all female employees across all (The Police Association Victoria). regions, including rural areas. These forums should provide expertise to inform Command/ One participant who had lived the challenges Departmental Equity and Diversity Strategies suggested: (see Recommendation 3). I have children and have had to Mentoring and sponsorship navigate a career and a family. There are some hard decisions you have to Broader evidence shows that advancement make. It also depends on the support to senior and executive levels usually relies models around you. People must on sponsorship, which women are less likely be supported in their decisions and 242 to have access to than men. Under IBM’s allowed the opportunity to have their sponsorship program, for example, sponsors family, as well as their career. There are directly accountable for successfully needs to be a maturity of discussion advancing women into executive roles through from the organisation about how this 243 advocacy. can be done in a more supportive way This means ensuring that potential (executive interviewee). candidates are identified by leadership Men and women managers both need to and encouraged to take assignments sponsor talent in their workplaces. Visible female that will open further opportunities.244 leaders are needed to demonstrate potential The Review heard the importance of having role career plans and pathways for emerging talent. models to look up to (see also Chapter 7). Support for women in the organisation was partly seen to relate to improved policies around More junior [women] need to be able part-time and flexible work practices (discussed to look up to female mentors as well as in Chapter 7). While the initial beneficiaries of male (senior manager). such changes would be women employees, They need to hear from someone with flexibility would be accessible to men. the same background as them that Serious consideration should be given ‘We don’t have to put up with this shit’ to the development of a framework/ (female interviewee). policy that provides support for the The concept of mentoring to top- career path of part-time staff, most of [whom] are female 242 Male Champions of Change, ‘Accelerating the advancement of (male survey respondent). women in leadership: Listening, Learning, Leading’ (Australian Human Rights Commission, 2013) 26. This participant goes on to discuss the 243 Male Champions of Change, ‘Accelerating the advancement of women in leadership: Listening, Learning, Leading’ (Australian importance of a: Human Rights Commission, 2013) 27. 244 Australian Human Rights Commission, Review into the Treatment of Policy to encourage where ever Women in the Australian Defence Force – Phase 2 Report (2012) possible that senior roles are merit 586.
208 Independent Review based and independent of the the lowest representation of women. applicant’s part-time status. If the Inherent in doing so was a recognition best applicant is part-time, then that these occupations contributed to consideration must be given to whether defence career progression.245 the duties can be fulfilled part-time This fits with the Male Champions of Change or by job sharing arrangement. report which recommends that leaders should: Performance management can be used to regularly review and monitor Ensure women get critical experiences the [effectiveness] of job sharing in ‘hot jobs’.246 arrangements. If these policies do currently exist then they are not The report defines these as jobs that provide communicated or ineffective in the critical experiences that facilitate career current form … progression. In Victoria Police it was suggested, (male survey respondent). for example, that: He noted that if implemented along with For members promoted to officer, they changes to provide for backfill of staff on need a strong operational background. parental leave (see Chapter 7), the benefits I’ve been trying to put women into would include: operational roles so that they are on a promotion track (executive interviewee).
Good leaders will not be overlooked because Females are told they have to do ‘ride alongs’ to upgrade of their part-time status (female interviewee).
Reduce managers putting career limitations Conversely, it is important that women are not on part-–time staff and part-time staff doing a disproportionate number of the jobs putting limitations on themselves. that will not assist with career advancement.
Reduce risk of resentment build up towards The Male Champions of Change report further part-time staff due to loss of capacity recommends that if there are experiences that are critical for advancement, it is imperative Job sharing can provide a great that we find ways to ensure women gain these developmental opportunity for staff experiences, particularly early on in their
Increase equity in the workplace at the careers.247 This early career planning can assist senior levels. (male survey respondent) development after any subsequent period of parental leave. It also speaks, however, about “Raising the bar on women’s experiences”. In There are other approaches to getting women articular, it suggests: onto promotional pathways. This includes ensuring the nature of the work they are performing is the sort of work that is valued for the purposes of promotion. The Australian Defence Force Review, for example, examined promising initiatives in international militaries and discusses directing women into non- traditional roles. In particular, it suggests the US Navy uses a temporary special measure to direct women into technical – or seagoing – 245 Australian Human Rights Commission, Review into the Treatment of occupations. Women in the Australian Defence Force – Phase 2 Report (2012) 587 (Meeting with Navy Personnel Office of Diversity and Inclusion). This initiative involved setting direct 246 Male Champions of Change, ‘Accelerating the advancement of women in leadership: Listening, Learning, Leading’ (Australian quotas for women in seagoing Human Rights Commission, 2013) 5. occupations, and increasing the quotas 247 Male Champions of Change, ‘Accelerating the advancement of women in leadership: Listening, Learning, Leading’ (Australian for those 20 roles identified as having Human Rights Commission, 2013) 26.
Chapter 8: Promotion and career planning 209 [Understanding] the types of Data, targets and the myth experiences your organisation requires and [broadening] the success profiles of merit you consider for senior roles.248 KPMG found accelerated rotational programs ‘Merit’ and resistance to change critical as well as encouraging and sponsoring The Review reported in Chapter 3 on individual women to pursue lateral career moves on and organisational resistance to change on their pathway to senior roles.249 Victoria Police diversity. As noted in Chapter 3, could further explore these models where the … when gender relations are based organisation’s leadership personally sponsors on a hierarchical model where women talented women and expects the same of play a subordinate role, violence may management. be used and accepted as a mechanism ... progression is often about leading for maintaining this dynamic, especially larger groups. If you can’t achieve when it is under threat. balance targets now, that will impact my … studies also show levels of violence evaluation of you as a future leader.250 against women increases in societies The above highlights the importance of building … where women begin to play a more in targets within individual leaders’ performance prominent role in paid work and civic management frameworks to ensure a level of society. Together, this suggests that transparency and accountability to Executive violence, or the threat of violence, Command. may be used in such circumstances Finally, in addition to both ensuring that women as an attempt to re-establish the have equal opportunities to gain experience in the previous ‘gender order’, one that areas valued by the organisation for progression is often perceived to be ‘natural’ or 251 and to broaden out the conception of what those ‘traditional’. experiences might be, there is a role for Victoria In addition to earlier evidence of Police in reassessing what is valued culturally for misconceptions and hostility towards women the purposes of career progression. being promoted, there were strong views This is especially relevant in light of the expressed by survey participants regarding organisation’s vision around the future of promotion. Men and women alike argued that policing, which would be likely to result in the processes were deeply flawed and did not increasing the value around many of the support appointment on merit or efficiency. roles in which women are already more likely I don’t believe that either sex is to be engaging. Significant work has been advantaged in getting jobs or undertaken by the organisation in this area to promotions. I believe advantages go date, particularly through the development of more to friends regardless of sex or the capability framework. This is discussed in ability (female survey respondent). detail below. Nepotism and cronyism is alive and The Review has made recommendations around well in Victoria Police for both men and individual and collective accountability for women (male survey respondent). inclusive leadership in Chapters 5 and 10. Cronyism was considered by many participants, particularly women, as closely linked with 248 Male Champions of Change, ‘Accelerating the advancement of women in leadership: Listening, Learning, Leading’ (Australian gender with continual references to a ‘boys Human Rights Commission, 2013) 5. club’ and ‘the brotherhood’. People spoke of 249 Male Champions of Change, ‘Accelerating the advancement of women in leadership: Listening, Learning, Leading’ (Australian Human Rights Commission, 2013) 26. 250 Elmer Funke Kupper, Managing Director and CEO, ASX as cited in 251 OurWatch, VicHealth and Australia’s National Research Male Champions of Change, ‘Accelerating the advancement of Organisation for Women’s Safety (ANROWS), Change the Story: A women in leadership: Listening, Learning, Leading’ (Australian shared framework for the primary prevention of violence against Human Rights Commission, 2013) 16. women and their children in Australia (November 2015) 31.
210 Independent Review ‘jobs for the boys’, where ‘men appoint men and members who have gained promotion look after each other’: on their own merit … it is difficult to gain the respect of your peers I believe there is gender bias within (female survey respondent). the organisation. It has been my experience to have missed a number of job … opportunities in favour of a male The survey asked participants whether they colleague of equal rank/experience. agreed that men and women in Victoria Female colleagues of mine have also Police were promoted on merit. discussed sharing similar experiences (female survey respondent). Approximately 40 per cent agreed that women were promoted on merit. Men were Conversely, and consistent with employee views more likely than women to disagree that discussed in Chapter 7, there were deeply women’s promotions were meritorious (33 held and widespread perceptions that reverse per cent versus 25 per cent). discrimination was occurring for transfer and promotion processes. Approximately 43 per cent agreed that men were promoted on merit. Men were more Promote people on merit rather than likely than women to agree (45 per cent to rankings within their specific gender 39 per cent) that men’s appointments were base as introduced by Nixon meritorious. (male survey respondent). It is important to note that while up to a This belief that women were not promoted on third of participants believed women’s merit was expressed by a number of male promotions are not based on merit, the survey respondents: majority of men and women did believe that There is a very bad perception that we appointments for each gender were merit must now promote people based upon based. their gender and no longer their ability. By following this path we will discriminate by gender and not reward those who are The Review’s qualitative data analysis revealed most competent to do the duties required a lack of understanding of both the true (male survey respondent). meaning of ‘merit’ and of considerations that have historically shaped promotion decisions. … Promotion should always be on work These are discussed below. performance not gender. And at this point in time Victoria Police are not helping with Currently, those making promotion decisions a perception in the workplace that if a are working within a system where, quite apart male and female go for the same position from individual or even systemic conscious and and are of similar ability the promotion will unconscious bias (discussed further below), be given to the female. This is also unfair there are significant structural barriers faced on females who have obtained the role by women within Victoria Police in attaining through their own ability more senior positions and therefore an equal (male survey respondent). approach to all will not result in an equitable outcome. This perception that gender and merit were in conflict was also held by some women. The evidence of discrimination lies in the workforce demographics, which show that Management strongly support females women are promoted, trained and given higher to be promoted but sometimes this duties and transfers at a much lower rate than seems to be more ticking a box … their male counterparts. This results in some females being upgraded before their time which has a negative impact on the female
Chapter 8: Promotion and career planning 211 The understanding of what potential Unfavourable treatment on the basis of sex or issues and barriers are for women in parental or caring responsibilities can amount the organisation is quite small. Paltry to direct discrimination where the employee (executive interviewee). is denied opportunities for promotion, or had access to opportunities to promotion limited. The ways in which the system is not currently Other unfavourable, detrimental treatment in based on merit and has discriminated against relation to promotion and transfer could also women or colluded in their experience of amount to direct discrimination. Unreasonable harassment include: conditions or requirements relating to promotion that appear neutral, but disadvantage women or The promotion of alleged harassers parents, could amount to indirect discrimination. Some talked of the current system of alleged Unreasonable refusal to accommodate parental perpetrators of sexual harassment being and caring responsibilities also can amount to transferred or ‘dressed for export’ and discrimination. promoted to shift a problem. The Review heard from participants who perceived that: Comments included:
There has been, and still is, a culture When there is a female applying for of managing by sticking your head a job, when the boss finds out the in the sand although it is getting applicant is a female with children, they better. … When issues or the situation assume she will go part time or not be then becomes too problematic or committed to her job. A male often gets risky, managers try to address it by the job over a female because of this moving people [and will] remove the … (female survey respondent). risk, we upgrade someone, or give … a member told me that the boss them a project or a secondment. We didn’t give detective positions to part- inadvertently reward the person by timers. When I went for a job once in giving them opportunities that they can VicPol, I was asked how many more then use to get promoted, even though children I was going to have the original intention was to move (female interviewee). them because their behaviour was problematic (female interviewee). When I was seeking promotion, I had trouble. Treat women as equal and actually I knew there was a position I was the best have a merit system for promotion. I’m disgusted to see men getting promoted applicant for, but I didn’t get it because as a way to get rid of them from one … that unit already had several women off. area to another So organisationally, they didn’t plan [the (female survey respondent). recruitment drive] very well. It wasn’t slow enough and there wasn’t enough forward Discrimination planning to take into account the changing nature of the workforce (FEMALE INTERVIEWEE). Others spoke of a range of ways in which the current promotion and career progression processes, far from being merit based, directly and indirectly discriminate against women. The experience of gender stereotypes and As with issues of recruitment and retention sexual harassment discussed in Chapter 7, this was often related In order to maintain a working relationship, to women’s status as parents or carers, and I put up with harassment, otherwise I would accessing flexible work arrangement and not be afforded the same career development having those responsibilities accommodated opportunities as the male sergeants (or a perception that a woman might become a (female survey respondent) parent or carer and request access to part-time employment arrangements).
212 Independent Review There are women in this organisation who and that women are not attaining particular are working themselves into the ground positions. Many recognised that: trying to impress management so they can In the Police workforce, women tend to be given an opportunity for seconding, occupy roles with lower classifications. upgrading or promotion and time and time To a lesser degree, this is also the case again, the guy who is mates with the boss in the unsworn workforce. I don’t believe (and does not even do half the work) gets that we have seen a significant increase it. We are ridiculed for taking maternity in female employee representation in leave and coming back part time, where the police workforce above base grade a man who works part time because he levels (executive interviewee). has a second job doesn’t get one negative comment. Being the best one for the job Despite this acknowledgement, however, many doesn’t matter, it’s all about who the boss men and women felt that it would be unhelpful to prioritise the promotion of women through wants there and unfortunately there are a lot having targets or quotas of bosses who do not think women should be in this job (FEMALE SURVEY RESPONDENT) … One of the problems is the perception that women are there because of their gender not capability There appears to be a significant lack of (executive interviewee). understanding within the workforce about the structural barriers and discrimination To set a target for women to be that impact meritorious appointments for promoted in my view is reverse women. The lack of transparent messaging discrimination. A promotion should be and engagement between management and based on who is best qualified and employees about the rationale for diversity or deserving to move into a position the nature of merit provides a vacuum for the (male survey respondent). dominant narrative of the ‘woman or merit’ Many agreed, however, that something needs perception to persist. This has implications to be done. It was proposed by one former for performance management processes in employee that: an organisation where performance is not proactively addressed. … they need to re-engineer the gender make-up of the organisation. You need One well-known business leader clearly more women in executive roles and articulated the issues when he said: more men and women with mandates Let’s not pretend that there aren’t around gender equality. They were already established norms that improving their practice … advantage men. Men invented the I think this reduces discrimination in system. Men largely run the system. their service delivery and internally Men need to change the system. (female interviewee). Without intervention to ensure that our Victoria Police’s Chief Commissioner stated: systems are really focused on merit, we will continue to see a lag in women’s I’m supportive of quotas but they advancement into senior roles.252 are not the panacea; they are only part of the solution. What’s the point The statistics of women at each grade and rank of bringing in fifty per cent women (as detailed in Chapter 7), alongside the statistics when they only stay for two years? on upgrading opportunities, are evidence that the Targets/quotas must be part of a principles of merit and equity are not operating suite of multiple reinforcing initiatives and strategic pieces of work (Chief
252 Gordon Cairns, Non-Executive Director cited in Male Champions of Commissioner of Victoria Police). Change, ‘Accelerating the advancement of women in leadership: Listening, Learning, Leading’ (Australian Human Rights Commission, 2013) 31.
Chapter 8: Promotion and career planning 213 Others argued in a similar vein: way. Those in leadership roles came from many different backgrounds. Because The allocation of resources and opportunities of that diversity I think there was less that impact on promotion can occur in a way chance of the institutional thinking and that discriminates against women.253 For behaviour that we sometimes experience instance, there is research that shows that: at Victoria Police (executive interviewee). women might get penalised in However it was often suggested that little value performance evaluations, promotion was placed in some of these areas such as on decisions, and allocation of important external experience: projects, among others, sometimes due to unconscious biases and lack of … I was a sergeant when I went overseas formalised processes. 254 and I had so much responsibility. When I came back, I wasn’t working to my full While quotas would not be welcomed by many capability or capacity. That can be a men or women within Victoria Police, the current problem in our organisation. It does take lack of a merit-based system caused by the a long time before you move through the structural barriers preventing women from ranks. We should consider fast tracking gaining upgrading and promotion, need to be the right people. addressed directly. Along with fast tracking, what has Critical mass is important. The improved in our organisation is the question is how we get there without police registration process and setting women up to fail … How do welcoming people back into the we give them legitimacy to do their organisation, and sometimes at higher role in a supported way? (executive ranks than when they left. No longer interviewee). do we seem to be treating people Others talked from personal experience of the who leave as pariahs (executive benefits to the organisation of more flexible interviewee). career pathways: The Equity and Diversity Strategy should Going out of the organisation and then include strong employee communications and coming back in was probably the best engagement strategies to build awareness thing I did. I was a lot more accountable, of the rationale for diversity, redefine the I learnt a lot. I also learnt that Victoria notion of ‘merit’ and increase understanding Police is a great place to work. I also of the existence of structural barriers to worked with another government recruitment, retention and advancement. See department. That was interesting – Recommendation 3. there were more women than men. I found the relationships were different. It was perhaps more formal, and people challenged ideas in a more respectful
253 Victor E Sojo, Robert E Wood and Anna E Genat, ‘Harmful workplace experiences and women’s occupational well-being: A meta-analysis’ (2015) Psychology of Women Quarterly 25
214 Independent Review Special measures and why targets special measures including quotas for are critical women on Boards (and an increase in female representation from 7 per cent to 40 per cent In the context of the obligation in the Equal in 7 years as a result). Temporary special Opportunity Act to take reasonable steps to measures are considered to be interim eliminate discrimination, sexual harassment and interventions that may be removed once ‘normal’ victimisation,255 Victoria Police must do more to has been redefined and true gender equality is ensure women are not discriminated against in embedded into the systems and culture. the areas of promotion and transfer. While some people distinguish between targets Targeted recruitment of women into senior roles and quotas, the arguments for and against could be considered to promote substantive them, are similar (see table below).257 equality of women in the workplace, under the ‘special measures’ provisions of the Equal Opportunity Act (previously discussed in 256 Chapter 7 in relation to recruitment). 257 See Workplace Gender Equality Agency, Perspective Paper: Targets and quotas (2013)
Supporters View Opponents View
• Statistics show that a history of aspirational gender • In relation to targets, the degree of challenge, initiatives and culture change programs is having little consequences and extent of public reporting are effect. discretionary and determined by the organisation (and therefore are likely to be ‘soft’)
• Targets and quotas make leaders accountable for • Mandated quotas adds bureaucracy and onerous reporting outcomes and the development of strategies to achieve requirements to organisational governance. the outcomes. What gets measured gets done.
• Targets and quotas fast-tracks the representation of • Appointment of women over men to meet a target is women in key positions for immediate impact ‘reverse discrimination’
• Targets and quotas drives culture change by having a • Underqualified and incompetent women will be promoted ‘critical mass’ of women in key roles which leads to long to senior positions term sustainable impact
• Having measures for gender diversity is good business • Women’s credibility is undermined because they have discipline, consistent with the diligence afforded to any been promoted to meet a target rather than on ‘merit’ other business priority.
• Targets and quotas counter the impact of a flawed merit- • Men’s credibility is undermined when you suggest that based system of promotion the current system of merit is flawed as it implies their appointments may be unmeritorious.
Chapter 8: Promotion and career planning 215 Tracking and monitoring through effective take to track progress against a strategic vision data collection based on equality and diversity: The Review has recommended a • proactively begin the collation of gender range of accountability measures to ensure data where it is already available, or initiate that the organisational vision is achieved. analysis of existing business and/or people These include a whole-of-organisation Equity reporting from a gender perspective and Diversity strategy, underpinned by • create the mechanisms and databases to Command/departmental-led strategies that capture and store fragmented gender data, report up centrally. Along with inbuilt so it can be opportunistically exploited in personal accountability through performance future and begin identifying and addressing frameworks, this will ensure collective ‘hot spots’ accountability of leadership groups in • develop a gender diversity ‘dashboard’ achieving the vision. which succinctly captures key metrics There is a clear need for baseline data from • research and understand existing business which to monitor and hold leadership to account reporting mechanisms and explore how to underpin this work. gender data could be integrated into these with report owners to add value for report … we had the recruits, we had the role users. models, we had the infrastructure, so I thought everything was ready to flow • continue to identify or create opportunities through … but it didn’t. I realised the to enhance gender reporting and strengthen way we worked had to change. I had its linkage between business decisions and to address the cultural barriers and outcomes; analyse and provide insights to 261 address them in a way that suited [the business leaders. organisation] – through harnessing the In monitoring leadership and flexibility, Victoria power of data. 258 Police will need to tailor strategies and As noted in previous chapters, data was not monitoring for their environments, including always available from Victoria Police and could reliance and interrogation of existing data, and not always be disaggregated by gender. the collation of new data: There is a way to measure and monitor Being a leader means looking at your ‘flashpoints’, whether at a particular rank or environment and using the information within a particular work area, to ‘question you have, so that you understand deceleration and intervene as needed’.259 how this looks at the workplace level Consistent with this idea, (executive interviewee). Victoria Police will need to coordinate this The US Navy … adopted a … centrally through existing systems and mechanism that flagged when the strategies: cohort of women at any particular base was reaching less than 15 per cent. 260 Individual accountability and pipeline In early 2015, the Women’s Gender Equality tracking is not possible without granular Agency published a gender equality toolkit, reporting, disaggregated to business 262 which referred to steps an organisation can units.
258 Dr Martin Parkinson, Secretary, The Treasury cited in Male Champions of Change, ‘Accelerating the advancement of women in leadership: Listening, Learning, Leading’ (Australian Human Rights Commission, 2013) 6. 259 Male Champions of Change, ‘Accelerating the advancement of women in leadership: Listening, Learning, Leading’ (Australian 261 Workplace Gender Equality Agency, Gender Strategy Toolkit a Human Rights Commission, 2013) 5. direction for achieving gender equality in your organisation
216 Independent Review Measures should include access to flexible work, for example: • utilisation of flexibility policy options by gender • proportion of flexibility requests declined, and individualised briefings on reasons for refusal • parental leave return rate • parental leave retention rate (one, two and five years post return to work) • redundancy / involuntary exits by gender • employees part time at level and sex. In considering issues outlined in Chapter 7, it should also include ‘merit’ pathways, including gender breakdown of: • access to training • access to upgrades • shortlisting for promotion • representation at regional Command • representation on selection panels – seniority The numbers of appeals of positions, by gender of the appointee, should also be collected. This granulated data collection should occur across the sworn, PSO and public service for both men and women and be reported as part of the performance framework (Recommendation 3 and Action Plan).
Chapter 8: Promotion and career planning 217 Chapter 9 Education and knowledge development
Main findings contribute to workplace gender equality and respond to inappropriate workplace behaviours. • The true extent of sexual harassment, predatory behaviour and sex discrimination in Victoria Police is not well understood within State of knowledge about sex the organisation. discrimination, sexual harassment • Training for employees and managers on and gender equality sexual harassment, sex discrimination and processes to prevent and address those is too infrequent and reflects the longstanding The Review findings show that the extent of underinvestment in people management skills. sexual harassment, predatory behaviour and sex discrimination in Victoria Police is not well • Inadequate training, coupled with understood. inadequate guidance from policy and workplace processes, means that many In part, this reflects the state of knowledge supervisors and managers are not confident about these behaviours, their drivers and the to respond to inappropriate workplace roles and responsibilities of employees as attitudes or behaviours or to build inclusive bystanders, supervisors and managers. workplaces. The Review found wide-ranging perceptions • The current training and funding models and about employees’ awareness and confidence in management practices create a barrier to their own and colleagues’ capability to address women accessing specialist training as a issues of gender inequality as employees, pathway to both career progression and to supervisors or managers. These are discussed the additional flexible work arrangements in Chapter 2. that can accompany specific roles. The Review heard the full spectrum of • Access to professional development is understanding about appropriate behaviours, inconsistent across the state both in regard the need to address sex discrimination and to costs of attending Melbourne-based sexual harassment and the role of knowledge training and management discretion in and training in building gender equitable allocating training opportunities. workplaces. • There has been a misuse of power, including sexual harassment, predatory behaviour It’s about the courage of leadership. and sex discrimination by some Academy Take the victims out of the picture for instructors and supervisory staff towards a moment. When managers or leaders recruits and probationary constables. don’t call out bad behaviour, they say they weren’t trained and so they miss • The cumulative effects of long term under opportunities (former executive). investment in people management skills and employment responsibilities are reflected at … The more people who we can all levels of the organisation. get thinking and acting this way, the • The Education Master Plan: Learning and less common this banter around Development to 2020 (Master Plan) provides the sexualisation of their female a promising platform to improve capability colleagues, will be. So I do believe if of Victoria Police employees to manage and we teach our people more about calling
218 Independent Review it out when it happens, and how to do it communication, performance, mental in a way where you can get away with health, personality, culture, etc it – that’s the big thing (female interviewee). (female interviewee). Chapter 10 details the experiences of You need to treat people with respect managers in seeking to address sexual and dignity. Training has nothing harassment and sex discrimination. to do with it. People know what the Unsurprisingly, many managers reverted to community expects before they come the management skills they had been trained to the Academy. If you want to engage in – those of command and control and those in bad behaviour, you probably won’t that approached workplace issues as policing survive (senior manager). issues. As discussed in Chapter 10, the Review heard One of the things we are trying to do that managers were not confident about in Taskforce Salus is to develop people balancing individual and workplace needs with this nuanced understanding and with respect to requests for part-time work send them out to the broader workforce arrangements. with this expertise – particularly the safety aspects. That won’t cut it though The Review also heard that training on – that stuff will fade away. It goes to managing sexual harassment and predatory a bigger issue – most importantly – behaviour for managers has been arranged awareness and understanding and by Divisional Training Officers (DTOs) as training and education right across the identified training priorities in some region. force (senior manager). People Development Command (PDC) has sought to play a coordinating role, however Consistent with the broader evidence base DTO and divisional engagement in this process about awareness of the drivers of violence is voluntary. DTOs are accountable to their against women, research shows that individuals divisions, not PDC. with prior training about sexual harassment reject sexual harassment myths, such as that The Review cannot comment on the quality women have ulterior motives for reporting, more or learning outcomes of Divisional training. than untrained individuals do.264 The Review has made recommendations on academic governance arrangements to ensure Supervision and management skills consistent, evidence based training and As for many workplaces, Victoria Police learning outcomes for managers at all levels on employees learn their supervision and preventing and responding to sex discrimination management skills from their own personal and sexual harassment and that content should experiences and observations of workplaces. be overseen by PDC. Providing consistent learning and professional development opportunities across all Divisions Non-operational professional is important to ensure accessibility to contemporary management information to all development employees, irrespective of their work location or professional ambition. Employee perceptions on the importance of training The coaching [of senior sergeants] was initially targeted at safety behaviour, but The role of training and professional it was evident that what was needed development was widely recognised by was coaching around the management employees as an essential step to improving of people and wellbeing issues – workplace behaviours and norms. At the same managing poor behaviour, morale, time, many recognised that training alone is not a panacea.
264 K Lonsway, L Cortina and V Magley, ‘Sexual harassment mythology: definition, conceptualisation and measurement’ (2008) 58(9) Sex Roles 599.
Chapter 9: Education and knowledge development 219 I have a view that it’s not just Police values-informed behaviours in the education’s role to train and develop organisation. staff. It is everybody’s role (executive interviewee). Employee perceptions of Victoria Police’s commitment to training Many employees told the Review that they Victoria Police employees consistently told did not feel supported or enabled by their the Review that current training on people workplaces to implement people management management matters is under-funded learning in their workplaces for a range of and under-prioritised. Training provided reasons, which are explored in Chapter 10. to employees, including supervisors and Access to consistent, high quality and sustained managers on sexual harassment, appears to be training and education has an important role too little, too late and too infrequent. to play in this. As noted in Chapter 6, there is scope for further alignment of effort by both Anything to do with people is PDC and the Human Resource Department generally reserved for training days (HRD) to ensure that there is consistent, regular where it is shoved in the agenda and mandatory training and communications for an hour to fulfil the ’health and provided on key Human Resource policies safety’ requirements. It is not given and competencies, and their practical a space in promotional or other implementation by supervisors and managers programs, but we will spend a week across Divisions. on emergency management or other operational needs. Whenever there Middle management is not educated is an operational training need that about the policies. The Police requires roll out, e.g. change in family Association (TPA) is with members at violence legislation, changes to the the Fair Work Commission regularly semi-automatic firearms, everything on matters relating to Section 65 of else gets dumped in its favour – so the Fair Work Act … Victoria Police there is a constant tension between the policies and interpretation of flexible necessary operational requirements work practices are inadequate at both for our members, with other important the workplace and corporate levels. skill sets, like managing people in a … In summary, there is no policy, no complex workforce training and little advice offered to (female interviewee). managers on how to deal with these matters. Policies and guidelines The people stuff is seen as important should give middle managers some but not urgent, and it doesn’t get explicit understanding about what their attended to. This is compounded by the supervisory responsibilities are, and lack of prioritising it by the organisation. how to implement them. One example Safety, particularly physical safety, is on might be the considerations you need the radar, but more nebulous concepts to make to respond to requests for part- such as wellbeing, morale, culture are time work arrangements, examples muddy, messy and clash with task and case studies and details on what focus and order, which is generally they should do (The Police Association speaking the way police like to work Victoria). (female interviewee). The role of professional development through The Review noted that in most cases, resources learning activities must go hand-in-hand with that are available are used to meet essential clear policies and processes for implementing operational training requirements. best practice supervision and management. It is apparent that the current policies and guidelines are not sufficient to guide Victoria
220 Independent Review Cumulative barriers for women to access the current training and funding models create professional development a barrier to women accessing specialist training pathways to both career progression and to the Access to training is highly influenced by additional flexible work arrangements that can the funding model which allocates training accompany specific roles. resources to each division. Divisions with employees located outside of metropolitan Other courses are offered in blocks – Melbourne, and especially those in the outer Detective Training School is a seven reaches of Victoria are required to fund the week course, the Field Investigators additional accommodation and travel expenses Course (FIC) is a three week course – for employees to access training opportunities. often need to be taken on a residential These additional costs are a further disincentive basis. This is difficult for women with for Divisions to approve staff undertaking ‘non- caring responsibilities. For example, a essential’ professional development. single mother from the Western region would have difficulty in attending Trying to decentralise away from the the three consecutive week course Academy, and moving away from required to complete FIC training. In face-to-face training and instead have addition to the location, there could be modularised, building blocks and on consideration about the structure of the the job training, at their own speed. course to make it more accessible This will improve accessibility to (The Police Association Victoria). employees in regional areas, as well as those who work part time … But we The Review heard consistent feedback about are losing the face to face component employment status with part-time police being … I don’t agree with that (female discriminated against in access to training. interviewee). As discussed in Chapter 8, a large number Where training is available, the Review heard of women employees never progress beyond frequently that there is significant management senior constable or VPS2. They stay at rank/ discretion in which employees have access grade or leave Victoria Police. Additionally, part- to training and professional development time women have limited access to professional opportunities. development and acting in higher roles.
… you need to go to Executive Victoria Police will need to review funding and Command and say if you want to training delivery model to enhance accessibility support the women in this organisation, for all eligible employees, including those in it needs to be about supporting the regional Victoria, enhanced accessibility for whole organisation, not necessarily employees with caring responsibilities, and focusing on doing something special those who have flexible work arrangements. for women … Executive Command This should be considered in ways that do not could say to station managers you have diminish face to face learning opportunities to provide this level of professional (see Recommendation 9). development to all your staff – and some won’t be able to do it because Current training in Victoria Police the staff are needed, but in others you get sergeants choosing to only PD the male officer and women often miss Most formal training in Victoria Police is out. So Executive Command needs provided by People Development Command. to support this – but that raises other The PDC has responsibility for the School of problems, with resourcing Policing and associated support and business (female interviewee). services. At the time of the Review, it was led by an Assistant Commissioner who reported As well as structural/funding disincentives to the Deputy Commissioner, Strategy and to develop supervisory and management Organisational Development. capability across the organisation at all levels,
Chapter 9: Education and knowledge development 221 The School of Policing265 provides recruit, a particular database). This was discussed in specialist and promotional training to employees more detail in Chapter 8. and plays a key role in the professionalisation of the workforce. The section on the Education The Academy as a workplace Master Plan 2020 provides further detail. The Review heard of widespread misuse of At the time of the Review, divisions employed power by instructors towards recruits in the past. divisional training officers (DTOs) which were selected, and managed by and accountable to [It came from] Instructors as well as the divisions. There was no requirement for DTOs young guys. Some of the older guys to have skills or experience in contemporary really tried to defend us from the young education and training theory or practice. Each guys. The instructor, one in particular … division determines its training needs and the He was a vicious piece of work … He DTOs generally source training and develop would pick on physically strong young regional training calendars (however, the men to take them down, to prove how Review heard this content is often displaced tough he was. He used to injure them. I by organisational priorities). As a result, where think one ended up with a broken arm divisional leadership is focused on operational … He was a law unto himself (female policing matters (as the community expects interviewee). of them), opportunities for effective and well- Instructional staff include both police members focused training on management issues are and public servants. The Academy has a limited. reputation as a place for police members who are seeking non-operational roles. Some police Stations do it a little differently, and member employees told the Review that they it varies from station to station. They had been transferred/promoted to PDC and might assign a training officer, or a they had not chosen to work in PDC. Others sergeant might look after a group of who worked in PDC valued the role of PDC in members (say if the station receives the professionalisation of Victoria Police very a lot of new members straight out of highly. the academy). Every area manages it differently (male interviewee). [The Academy had] the Registered Specifically, training to equip managers to Training Organisation accreditation respond appropriately to sex discrimination audit last week – it was comprehensive and sexual harassment in the workplaces – the auditor identified that we have they manage, as well as setting appropriate generic non-compliance around standards of professional behaviour and educator professional development. workplace norms around gender, is not a That is that it would be preferable to priority. include in the position description and Key Selection Criteria, elements relating Victorian Public Sector (VPS) staff have access to roles and responsibilities of a to some courses provided through PDC, but professional (but vocational) educator. most commonly access training available to Many people come here for many the rest of the VPS, such as external training different reasons – not always because courses. The Review notes that the professional of a love of education (executive development of VPS staff, particularly in interviewee). regions, was not prioritised, except where it was an operational requirement (such as using While the professionalism of teaching staff has improved, further work is needed to improve their capability and proficiency to engage with recruits on issues of sex discrimination and sexual harassment in ways that are sensitive, non-victim blaming and safe. The Review 265 The School of Policing is primarily based at the Academy, however some units are based elsewhere – Airlie at South Yarra, driver observed that there is a small number of training at Brunswick, and OSTT throughout the state, and major teaching staff at the Academy that are proficient sites at Craigieburn and Geelong.
222 Independent Review in these issues. The Review recognises the involved. One of those sets of circumstances considerable efforts of individual PDC staff in is where teaching staff compromise their developing and delivering training packages. professional objectivity by establishing intimate relationships with recruits. There has been effort to provide professional development opportunities to educators Other organisations have rules about and trainers at the Academy to ensure their dating, there should be rules about interactions with recruits are professional and anyone above the rank of sergeant respectful. engaging in a sexual relationship with This includes Professional Boundaries [recruits and probationary constables]. Training. This Training has been developed It should be a blanket ban. At least within the Academy to enhance teaching after two years the member has had an staff’s understanding of power imbalances opportunity to find their feet. Previous between instructors and recruits, as well as existing relationships of course are to provide them with strategies to manage not a problem as they developed prior such imbalances. The Training is intended for to one person being in a vulnerable new teaching staff and does not link to any position as a junior member (female accredited competency unit. survey respondent). The Review has made a recommendation in Chapter 13 that Victoria Police strengthens As set out in Recommendations 9 and 10, the it Conflict of Interest Policy to define sexual Review recommends that the content of the relationships that can be regarded as a Professional Boundaries Training is reviewed conflict of interest, and provides guidance under proposed academic governance for managers to manage these. The Review arrangements to further focus it on issues of has noted that, specifically, there should be sexual harassment, sex discrimination and additional, clearly stated requirements for predatory behaviour, as well as to introduce all teaching staff, mentors, supervisors and gender equity and equality concepts to field coaches to refrain from improper use of instructors. Furthermore, the Review their power over recruits and probationary recommends that this training is provided constables. This includes participating in to all staff within the School of Policing, any sexual relationships with recruits and as well as staff in Academy Services and probationary constables. Learning and Development Standards within This is because members have huge 18 months of this Review and refreshed amount of their identity invested in annually. being a police officer. They are very vulnerable in first two years – concern about being found not suitable/fitting in The Review is aware of instances of sexual (The Police Association Victoria). harassment and predatory behaviour by instructors that can be considered intentional Excellence in learning police craft should abuses of power. be informed by current operational policing experience and expertise, as well as A number of these types of matters have been contemporary organisational values that addressed through the complaints process, support gender equality and respectful however, PDC shares concerns with other relationships. Inappropriate behaviour by Commands that a culture of non-reporting instructors had been addressed in individual persists. cases. The Review recognises that the role of Victoria Operational policing instructors that do not have Police is not to police consensual relationships contemporary operational policing experience, between adults. There are however, and/or do not demonstrate organisational circumstances where these relationships reflect values undermine the Academy as a centre of poorly on the professionalism of the individuals excellence.
Chapter 9: Education and knowledge development 223 The Review heard of inappropriate attitudes of appointment due date. and behaviour by current teaching staff Conduct and behaviour throughout this entire towards recruits. As for the wider organisation, period will facilitate their confirmation as there is a reluctance for recruits to report constables. these behaviours. As a result, the Review has recommended (Recommendation 10) that maximum time in position is instituted for For police and PSO recruits, the Academy police teaching staff in People Development is an important formative experience. The Command. Review heard that the learning environment and expectations had changed markedly. Adult The Academy as a training hub learning principles underpin PDC policies and guidelines. However, practice does not always Foundation training reflect these principles. The way you could treat people, Recruit training educate them, train them 20 years ago, you couldn’t get away with now. Then, The Victoria Police Academy is a Registered if the sergeant said, ‘do that’, you did it. Training Organisation (RTO) and provides an Like the Army says, ‘we can’t make you intensive training program – the Diploma of do things, but we can make you wish Public Safety (Policing) with a theoretical you had’. There is not the need to treat and operational policing focus. The them the way it used to be done – they Foundation program is a 33 week program are more sophisticated learners and for police recruits and a 12 week program for there is a more educated product at the PSO recruits. end. You can’t be an effective leader by saying jump and the only question At the commencement of the Foundation is “how high?” It’s not as authoritarian program, recruits are inducted and employed any more – you have got to have more by Victoria Police. At week 12 they become than a deep voice and the ability to yell. probationary constables and are sworn into Members nowadays want to know why the Office of Constable. At week 13, they they are being asked to do things (male have a one-week workplace placement at a interviewee). Dedicated Training Workplace (DTW) station to consolidate their learning about being in I read all the evaluations and a police station watch house. At week 20, sometimes comments about instructors, apart from comments of expectations recruits undertake a second DTW placement that there is not enough drill, PT or to consolidate their learning in operational discipline cited from time to time my policing matters. From week 23 to week 26 position is that we are not the military, recruits have their third DTW placement we’re not running around yelling, Prior to graduation, recruits are further there is no licence to treat recruits tested in the ‘workplace’ with a Safe Streets differently to our colleagues (executive exercise. interviewee). After their ‘marching out’ graduation in Each squad is allocated a mentor from outside week 33, probationary constables commence of their direct training environment to support their post residential training phase. They them throughout their experience at the are deployed to a DTW for 19 weeks where Academy. they complete on the job training and assessment tasks. They are then assigned to Mentors are externally sourced. Each an Assigned Station workplace for 64 weeks. squad has mentor that is external and separate to the training environment. This phase includes a return to the Academy Squad manager is sourced across PDC to undertake the Taking Charge course at – usually a sergeant. I would like to say around four months before their confirmation
224 Independent Review they are hand-picked, but generally not through DTW placements. DTW stations (executive interviewee). are assessed and accredited by PDC to be suitable learning environments and to provide Victoria Police and community expectations of required learning opportunities to probationary the values and behaviours to be exhibited by constables. Given demand for police numbers, Victoria Police are instilled in recruits by PDC the Review heard frequently from the Academy leadership. and Divisions alike that workplaces depended [Foundation Training] From day one, heavily on DTW placements to complement I outline the values of the organisation their police numbers. There have been cases and expectations. They are diversity, where DTW accreditation has been withdrawn recognise equality and difference, one based on behavioural and cultural issues within service for everyone, organisational specific workplaces. values and I tell them they are The University of Melbourne Review expected to adhere to those whatever told Victoria Police that the best model their personal preferences. Some of was to learn policing on the job. This the other members of staff who are drove change to expose recruits to addressing the recruits will talk about policing in the field earlier in their previous behaviour – to let them know training – this is a relatively robust their behaviour will be judged – we give training model and in line with other examples of when people have been states, and training in the US terminated. I’m confident that they get it (The Police Association Victoria). in spades … During their DTW placements, DTW stations are … [We] terminated a recruit recently required to provide probationary constables for drawing a penis on a board. Some with prescribed operational policing experience would argue we took it too seriously, commensurate with their learning at the but it is the thin end of the wedge. Academy. They need to understand how seriously we take it. We have a responsibility For each DTW placement, probationary to ensure they uphold the values of constables are allocated a Field Coach. the organisation right from the start Prospective field coaches are nominated by (executive interviewee). their workplaces and developed through and on-line coaching module, as well as elements of PDC leadership have made significant a Certificate IV training qualification. progress in challenging an historical culture of poor behaviour, misuse of power, and Managers need to send workplace sex discrimination and sexual harassment. exemplars as it is in their best interest However, challenges remain highlighting the if they desire a healthy workplace need to address what is taught, as well as the that attracts the best people (senior behaviour, expertise and values of supervisory manager). and training staff across the organisation. The Field Coaching Program is relatively new and provides excellent potential for ongoing Integrated ‘on the job’ training professional development for both recruit The workplace integrated learning (WIL) model placements and coaches alike. For experienced underpins recruits field training experience. police employees, there is an opportunity to At the time of the Review, this training model re-engage in formal training and establish a was being extended to other training as the mutual professional learning relationship with Enhanced Designated Training Workplace colleagues who are engaged in contemporary (EDTW) for post-recruit training. learning. A key component of the Foundation experience Field coaches are nominated by workplaces is a series of on the job training sessions at based on assessments of workplace Designated Training Workplace (DTW) stations
Chapter 9: Education and knowledge development 225 supervisors on who is available, willing or a support future efforts to inform workplace ‘good bloke’ to guide new learners. and supervisory learning as the workplace integrated model is further developed and These criteria do not always best support implemented. learning objectives or provide a safe and respectful introduction to workplace conduct Of relevance to this Review is the risk in Victoria Police. The Review heard of recent assessment process that forms part of the examples where recruits had felt unsafe and Evaluation Strategy. The Review notes that it will disrespected in DTW workplaces. be important to develop common approaches to identifying risks of inappropriate workplace The Review recommends (Recommendation behaviours at both the Academy and DTW 10) further tightening of the selection of field workplaces. Appropriate identification and coaches with explicit regard for Victoria Police categorisation of risks will be critical for values, including respect and equality for effective management and mitigation of risks women and men alike. associated with inappropriate workplace behaviours. This will be supported by the Risk and intervention workplace harm model detailed in Chapter 13. Prior to their first DTW, probationary constables are provided a two hour Professional The Evaluation Strategy states that the ‘level of Relationships course to that provides an escalation for appropriate investigation and risk introductory overview of inappropriate control will be based on the risk assessment, behaviours including sexual harassment and and may include the Program Manager, the predatory behaviour, as well as reporting Program Owner, other Senior Management channels for those behaviours. Team members of the Senior Management Team in general’. At the Academy – there is nothing on sexual harassment or discrimination – nothing. Or there wasn’t when I was there. You do need stuff then, but more importantly, you need it once you’re RECOMMENDATION 10 exposed to the job. You need it when you’re going back to the Academy for after your first year on the job People Development Command strengthens (female interviewee). management of risks associated with the Academy environment by: The Review heard that PDC was piloting training for constables just prior to their confirmation • Reviewing and updating the Professional with a focus on enhanced decision-making Boundaries course by the recommended processes. academic governance structure to further focus it on issues of sexual harassment, At the conclusion of recruits’ formal education sex discrimination and predatory behaviour, at the Academy, recruits are surveyed about as well as to introduce gender equity and their experiences of inappropriate behaviours equality concepts to instructors. during participation in Foundation training. PDC is proactive in following up where behaviour Indicator: This training is provided to all both within PDC and in DTW workplaces have staff within the School of Policing, as been inappropriate or where there is room for well as staff in Academy Services and improvement. Learning and Development Standards within 6 months of this Review and An important step towards achieving consistent refreshed annually. learning outcomes has been the development of the Education and Training Evaluation • Maximum time in position is instituted for Strategy 2014 (Evaluation Strategy). The police teaching staff in People Development evaluation principles include sharing evaluation Command. findings with key stakeholders which will
226 Independent Review • Further tightening of the selection of field There is a need for more training at all coaches with explicit regard for Victoria levels, but it needs to be more than an Police values, including respect and equality online course – when we have those, for women and men alike. everyone just finds out the answers • Further prescription of the management from each other. In-house training and steps taken by the Academy to manage risks expert training are good, but not over and victim/target safety detected, including days – you end up just losing members through the Evaluation Strategy or Learner that way. Some of the best training I Surveys of sexual harassment or gender find is when it is confronts you, a bit like based discrimination. the TAC [Transport Accident Commission] stuff. If you can show people how these things really impact on victims, you can Feedback and improvement really get the message home. Hearing a victim say ‘this is what happened to me’ The Review notes that while considerable effort has been made to ensure that workplaces are works really well – you are getting people providing appropriate learning opportunities to understand real impacts on people and outcomes, PDC did not have a clear (female interviewee). authorising environment to influence the learning experiences of learners in workplaces. The Review notes that success in scaling this approach would require both seamless intent Opportunities for continuous improvement and and alignment of people functions, as well feedback loops among workplaces, the School as clear and sustained support from senior of Policing and human resource functions management. need development based on a clear strategic platform within Victoria Police. The Review notes that closer alignment of purpose and function of the people related Life-long learning divisions/commands would support stronger people capability development and support the After confirmation, police are required to development of a learning organisation culture undertake operational tactics and safety training in Victoria Police. (OTST) training bi-annually. Organisationally, as you move through The Review notes that the Frontline Policing the Academy and climb the tree, Practice Pilot program was developed and you get the same education. There’s designed to re-engage staff in learning and a whole cohort out there though to build strong positive workplace norms who are quite comfortable in where they are sitting in the organisation, around community policing. This model of senior constables and sergeants, learning and engagement has promising who generally speaking, don’t have results and significant potential for engaging to participate in anything other than employees’ in learning to build and reinforce Operational Tactics and Safety Training. gender equitable workplace norms. So a large part of the organisation Like the integrated workplace model of is operating in a way that wasn’t learning, the Frontline Policing Practice challenged many years ago and we’re Pilot program was premised on evidence missing them (executive interviewee). that most learning is experienced in the workplace. Drawing on the experience and Unless police members are supported to professionalism of frontline police in the develop a specialisation or are working towards promotion, there is no requirement for them to pilot sites, the Pilot provided a way for police undertake further professional development employees to reframe workplace norms and narrative.
Chapter 9: Education and knowledge development 227 outside of changes to the operational policing to be avenues for everyone to identify environment. the problem. There is a fair amount of focus on bullying and harassment, and We do train people but the skills you every workplace is obligated to have learn will be delivered internally and certain material on display – posters and then shaped internally by the culture. so forth. It is not just up to managers My sense is that we do foundation to deal with it or prevent it, but they are training and then wave them off. There in a position to reinforce the culture to is little continuity of development prevent it, and if they’re not prepared through the career lifecycle. I suspect to do it then they shouldn’t be in the job people in other professions do (male interviewee). have more regular development opportunities and are encouraged to The Review heard of widespread and profound self-reflect in the development process frustration from managers about constraints on rather than simply be required to divisions to support professional development absorb an organisational policy or rule of their employees. (executive interviewee). In the course of the Review’s field work, As discussed in Chapter 8, a large number supervisors and managers noted the of police remain at senior constable level commitment of employees to the role of policing throughout their career without any requirement in the community. It was evident to the Review or opportunity for them engage in ongoing team that many employees had taken personal professional development. responsibility for building their knowledge and skills and had a deep commitment to ongoing The promotional programs touch less learning. than ten per cent of the organisation’s people – those who are getting In working through how police respond promoted. We could have the world’s to family violence … I have seen sitting best promotional program, but we will down with constables and explaining never reach tipping point – it is a closed why we were doing it and why it was workforce. We see the same people important … I asked them ‘what part over and over. We never see the 20- of the fall out of family violence don’t year career sergeant. They might be a you deal with? How much of your other really good field coach – if he/she is in work is coming out of family violence? touch with learners and contemporary For example, youth and mental health, thinking, there are benefits everywhere homelessness, drug and alcohol (senior manager). dependence? How often do you have to return to these homes?’ … I have seen The Academy sees the recruits at this happen in other organisations, you around week six for one hour around can really underestimate the power of inappropriate behaviours then we may the ability of people to understanding never see them again until they are things. Once explained to them, they sergeants if they take promotion. Some got it, they really picked up – they saw come as 20 year senior connies after value in it … (former executive). they get a lightbulb moment and want promotion. That (training) gap is a big Promotional and professional development risk (female interviewee). There is a lack of consistent There is a fairly rigorous education opportunity for people to learn people process across all ranks, but management skills. It is not prioritised management at stations often only find on courses, or on the PDA. We put out about things because the more junior them into these ranks and expect them members tell them. But it can’t be left to manage well and just swim (female in their hands to detect it – there need interviewee).
228 Independent Review Victoria Police employees told us that over relied heavily on the expertise and experiences the years, the length of training at different of a very small number of committed teaching supervisory and management levels had been staff providing information in an over-crowded shortened. curriculum.
Supervisory ranks (sergeant and I think this is too focused on the policies senior sergeant) and the rules, and I don’t think that The role of sergeant is essential to the provision works. The ADF research hits the nail of operational policing services and is the first on the head. Anecdotally we’re hearing line of management for front line police. The things that are happening, where senior current capability profile for sergeants includes sergeants would be relieved that it’s not a strong focus on building productive working their station, so if we could teach them relationships and demonstrating personal drive how to avoid that being their station and integrity, as well as strong capability in they would love it (female interviewee). operational policing. Course participants had already had significant Aspiring sergeants undertake an exam to be supervisory responsibilities in their current eligible for promotion, although successful roles, as well as during periods of upgrading completion of the exam does not guarantee in preparation for promotion without training in promotion. people management skills. It is unsurprising then, that first time managers draw on their own I haven’t done the sergeant’s course experiences of being managed. but I have done the sergeants exam (the first step to get into the course). We are working towards making There is policy that you have to study [promotion training] pre-promotion … regarding complaints, but it’s just the We train about 350 (sergeants) a year. process side of it, it doesn’t teach Senior sergeant is different – they don’t you how to deal with their fears and have an exam … concerns – nothing on how we’re going … We have already moved Inspectors to deal with the people involved to a pre-promotion model – the lower (female interviewee). numbers help. Once we finish this New and prospective sergeants undertake rebuild, we will have a pool of qualified a two week course – of which one week is people to promote from. We will be devoted to supervision and management promoting from the educated – those responsibilities. that can show they can do the job (senior manager). When you are eligible to be promoted, there is a two-week long sergeant’s I would like to see a concerted effort qualifying program. The first week is on made to educate and develop our early people management, mentoring and rank managers, and see an investment leadership, as well as the risk that can in their skills as they enter the be involved around issues like equal leadership ranks – at Acting Sergeant, opportunity, sexual harassment, and Sergeant, Acting Senior Sergeant and discrimination. It is touched on but it is Senior Sergeant levels. Unless we get only a week. There are programs that these people practicing very good educate people on the risks. There people management skills, we are not might be more emphasis in the senior setting them up well and we are not sergeants’ program, but again that is doing the right thing by any of our only two weeks (male interviewee). members. Poor management has as much of a negative impact if not more The Review team assessed that the components on people than the issue itself of training specifically relating to sex (female interviewee). discrimination and sexual harassment were underdeveloped and insufficient. The training
Chapter 9: Education and knowledge development 229 The sergeants’ course was the first opportunity To support the professionalism of sergeant for many to receive contemporary training on and senior sergeant ranks, a greater and more management responsibilities and processes focused investment in professional development and the Review supports work to provide pre- in lifelong learning approach is needed, promotion training to sergeants. irrespective of promotional aspirations. This is consistent with the vision set out in the Master I know previously there was a course Plan. for Sergeants who had been promoted for a long time, for example, if you On reflections of current training have been a sergeant for ten years about sexual harassment and sex –could go to a refresher course. You discrimination, one Inspector told us would be sent or self-select. So many it was ‘Pretty limited’. [An employee] sergeants were so relieved to do it: to does a presentation on it but apart from have the opportunity. They loved it and hers, there’s some online training. My hearing about what others were doing. last course, I did the week in Inspector I absolutely agree that this is hugely refresh [earlier this year] and I don’t beneficial … No one sits down and recall it in that either’ talks them through these contemporary (female interviewee). expectations – about equality and respect (former executive). You guys (Review) are long overdue because of the risks of not having For sergeants and senior sergeants, further these services. Workplace Standards development and training strategies are needed doesn’t provide support. They will to support the professionalisation of supervision push it back into the workplace. and management within Victoria Police. Superintendents come to me and Throughout the Review, there were consistent say ‘I don’t know what to do’ messages that to change workplace norms and (female interviewee). behaviours, sergeants and senior sergeants For promotional training, workplace learning is would have the greatest potential impact. This based on the learner identifying a task that is impact would be realised both in response to part of their role and/or work that is required by inappropriate behaviours as well as building the workplace; being allocated a field coach; safe and respectful workplaces. The Review and negotiating with their line manager to recognises the critical role of these positions in manage them through the task and sign off on the everyday working lives of police employees. the piece of work before submitting it as part of an assessment portfolio. Assessment of the I don’t need to have complaints come portfolio is based on the line manager’s sign off forward to know that there is an issue and appearance before an examiner’s panel. and that we could be doing something about it … In training for promotion or The EDTW process appears sound when managers, conflict awareness is more applicants are well supervised and managed. about making sure senior sergeants However, good supervision and management are aware of the legislation. It doesn’t is not universally enjoyed in Victoria Police. give tools to equip people to manage Clear mechanisms are needed to ensure that these issues … The evaluations we get employees are not excluded from professional are about people just raving about the development and promotional opportunities by opportunity to get training on people their manager’s poor performance. management things – they just haven’t The Review is aware that the EDTW process is had that and are then thrust into those new. The Review suggests that the Academy situations (female interviewee). regularises a proactive approach to formal performance feedback to all learners’ line
230 Independent Review Case study – Vicarious liability Employees were required to do online sexual harassment training every two years. There was also face to face training Richardson v Oracle Corporation Pty Ltd [2013] on a new Australian “Diversity Policy”, FCA 102 demonstrates the importance of and the respondent had done this training. providing current and comprehensive equal Nonetheless, the Court found that the opportunity training to help to avoid vicarious company was vicariously liable. This liability. An employee at a large corporation was because the training packages were was sexually harassed in employment. formulated in the USA and as a result: An employee at a large corporation was • there was no reference to the legislative sexually harassed in employment. foundation in Australia for the prohibition on The court found that the employer was sexual harassment. vicariously liable as it had not taken all • there was no clear statement that such reasonable steps to prevent the conduct. conduct was unlawful and the employer could The Court considered that the defence to be vicariously liable. vicarious liability in the Sex Discrimination Act was intended to be a difficult one to It was the Court’s view that it was important satisfy. All employees received a copy of a to bring these significant elements to the “Code of Ethics and Business Conduct” when attention of employees, no matter how firmly they joined and compliance with this policy the policy states the consequence for breach was referred to in employee’s contracts of of policy may be. The omission of these easily employment. The policy aimed to provide included elements led the Court to take the a work environment free from harassment view all reasonable steps had not been taken. and defined harassment to include sexual harassment and discrimination based on a Richardson v Oracle Corporation Pty Ltd [2014] range of attributes that it listed. It stated how FCAFC 82 In this matter the Full Court increased employees could complain and who they the award of damages from $18,000 to could approach. $130,000 on appeal. It did not have further substantive comments to make about the employer’s vicarious liability. managers on the quality of their learning and Management and leadership training professional development support to learners. The Master Plan recognises the need to In addition to improving workplace management, professionalise the police force and build the importance of investing further in capacity for police to operate flexibly and professional development for sergeants and to make judgement based decisions rather senior sergeants is critical for Victoria Police’s than rely on traditional command and control future leadership capability to build a safe and management styles. The Review notes the respectful workforce. At the same time, the progress made by PDC internally to implement professionalisation of supervisory ranks is partly the Master Plan. dependent on the management capability of the The Review heard varied perceptions about ranks above them. management training at senior levels for both police and public servants. Most senior sworn employees who engaged with the Review reflected on training provided to sergeants and senior sergeants rather than their own experiences at Inspector level and above. Training programs for Inspectors are managed by Capability Development Division, PDC.
Chapter 9: Education and knowledge development 231 Airlie Leadership and Career Development needs of emerging women leaders. Learning (Airlie), PDC oversees training for executive supports that are required to ensure women ranks and public servants. The oversight of can access and engage successfully with the Promotional Programs is managed through training should also be considered. This is the Chain of Command and the senior PDC addressed in Recommendation 8. management team. These courses have Missteps and mistakes are inevitable pathways also been piloted for Sergeants and Senior to learning. Building the reflective capacity Sergeants. Promotional programs are Victoria of Executive Command is needed to drive Police internal courses. As such, they are not complex reform and culture change within the externally accredited. Programs can be tailored organisation. to Victoria Police specific capability needs and anticipate emerging issues for the organisation. The Review was not able to draw conclusions Airlie also coordinates external placements on about the steps or progress Victoria Police had external development programs, such as those taken to assess the capability requirements of conducted by the Australian Institute of Police its most senior leadership to lead the people Management. work needed to reset workplace attitudes, behaviours and the policies, processes and The Senior Management Leadership Program practices that support them. It will be essential (SMLP) is a 12 month program to build for these capabilities to exist or be enhanced leadership capability. for the implementation of this Review to be We have people attending leadership successful. development programs and other It would be useful to benchmark the capability courses where they can develop of Victoria Police Executive Command as coaching and leadership skills an employer to that of comparably sized (executive interviewee). organisations. Victoria Police administers The Review notes that while the SMLP may an organisation with a budget in excess of be an excellent course, there is a need for $2 billion in 2013/2014 and assets valued at ongoing conversations about the work needed $1.8 billion. by the organisation to build the knowledge, Building the capability of current and future understanding and management capability generations of Executive Command and to build gender equitable and respectful Command to manage and administer the workplaces, and that this content should employment functions of the organisation, in be reflected in SMLP and considered as a addition to managing state policing functions is core learning requirement for leadership critical. Addressing these challenges requires development. critical thinking and being open to new ideas Senior leadership programs are currently being from new sources. developed to reflect and contribute to the intent This includes both providing contemporary of the Master Plan. In doing so, there is a strong thinking to current and emerging leaders focus on integrating enhanced decision-making within the organisation as set out in the Master processes into all professional development Plan, as well as regularising arrangements for training that takes a strengths based approach accessing and effectively using expertise from to learning. Building a learning culture, and a outside the organisation. culture in which it is safe to reflect, is essential if leaders and employees are being asked to How do you build the capability of exercise judgement. organisation by allowing people to return after they have been developed As discussed in Chapter 8, current training or gained valuable experience is not being accessed by emerging women elsewhere? This is the best of both leaders within the organisation as a pathway to worlds, people with operational promotion. Complementing recommendations experience and other experience to support career planning, leadership training (former executive). opportunities should reflect the development
232 Independent Review Women are effectively being excluded from • A Career Pathway Map to enable constables making a contribution to organisational to identify the develop the knowledge they thinking by their experience of incremental need and access to those opportunities and cumulative impacts of discrimination and • Capability profiles which include constables harmful workplaces. This is a significant issue being practice experts or leaders for the leadership of Victoria Police. • A localised learning focus to develop knowledge of local stakeholders and ability Victoria Police Education Master to work closely with them. Plan 2020 The Master Plan envisages members will have the opportunity to seek internal and external At the time of the Review, PDC was part professional development opportunities to way through a profound change process to pursue their career path within Victoria Police. It implement the Education Master Plan: Learning also envisages public servants having access and Development to 2020, which sets out to a more strategic career progression within guiding principles to “guide the evolution Victoria Police and the VPS, and continuous of professional education and development professional development opportunities to in Victoria Police” over its life time. PDC is support this. well advanced in some areas of the Master Academic governance Plan’s progress which is envisaged to be fully implemented by 2020. The Master Plan identifies the enabling structures to include a robust academic The long term goals set out in the Master governance structure. Plan provide a good platform for the recommendations of this Review and seeks The Review regards having high quality to build Victoria Police’ professionalism, its and consistent professional development learning culture and its capability and capacity. opportunities available to all employees will be The learning model to progress these goals is essential to implement the recommendations of based on continuous professional development this Review over the life of the Master Plan. driven by individual learning plans. The Master Plan also identifies the importance The Master Plan has played a role in successive of aligning the academic governance structure organisational strategies, most recently in the with an appropriate People Development Victoria Police Corporate Plan 2015–2018 Command structure. workplan. The Master Plan plays a key role in delivering people related outcomes and professionalisation of the workforce. Of interest to the Review, the Master Plan envisages a reorientation of investment of RECOMMENDATION 9 training effort and resources into the Office of Constable to build professionalism beyond traditional functional duties to enable them to In relation to learning and professional “adopt a professional identity and internalise development, Victoria should review its training professional values”. In doing so, professional and education functions to align learning intent constables will access development and future capability needs as expressed in opportunities through: the Education Master Plan with organisational processes. These include: • Annual personalised learning plans • An annual development cycle that enables • The funding and training delivery model currency of industry knowledge and • PDC will establish an academic governance refreshment of core skills structure that includes independent expert(s) with a primary focus in the field of gender, sex discrimination and sexual harassment
Chapter 9: Education and knowledge development 233 to advise on academic policies and all harassment, gender based hostility and curricula and to guide teaching and learning sex discrimination, including positive duty activities that support respectful and safe and liability under the Equal Opportunity gender relationships on a life-long learning Act. continuum. –– Appropriate responses to the target of • Ownership and funding for the review those behaviours to minimise the harm and development of all training curricula they experience and enhance their safety will reside with PDC and be informed by in the workplace academic governance processes, which will –– Appropriate responses to the alleged include external expertise. perpetrator(s). –– Under academic governance guidance, –– Competence to refer/access informal review the Senior Management and formal options available to the target/ Leadership Program and learning support victim. mechanisms to ensure alignment with the –– Understanding manager’s role in contemporary requirements and needs of classification and recording issues and women for leadership. the appropriate place to do this. • Within 18 months, women’s access –– Understanding of manager’s rights and to leadership training is at least responsibilities in considering requests for proportional to their representation flexible work arrangements and strategies in the overall, relevant workforce to establish and manage them. (police, PSO, public service). Within three years, 50 per cent of all senior –– Understanding managers’ responsibilities management training opportunities to support bystander action and create are accessed by women. Where safe and health workplaces. there is not a sufficient pool of –– Understand and promote workplace women to draw from, managers will diversity, in particular gender equality, nominate women with demonstrated and practical applications of this through people management capabilities and use of management processes, including leadership potential. performance management. • Contemporary, evidence based management –– The need to provide managers with and supervisory training should be guidance on making safe and appropriate developed and incorporated into all referrals. Foundation, promotional and professional –– Best practice bystander intervention in development training. sexual harassment and sex discrimination. • The content and face to face delivery of the • Participation in face to face training will training should be developed and delivered be compulsory for all managers and in partnership with expert advisors/specialist supervisors annually. external training provider that has expertise • All other employees should participate in in workplace management of harms based training biannually. on sexual harassment, sex discrimination and gender equality. • This training will include the rights and The Review notes that PDC will be dependent administrative responsibilities of employees on divisions to nominate employees that reflect and employers in the workplace and the intended diversity of the workforce for contextualised for each learner cohort. professional development opportunities. This Training will incorporate: is referred to in recommendations made in –– Definitions and meanings of sexual Chapters 7 and 8. harassment, sex discrimination and Divisional Command should model its victimisation and their drivers and impact. commitment to support employees to –– Their responsibilities to prevent participate in professional development. This and respond to incidents of sexual commitment should be measured at a divisional
234 Independent Review level and reported as part of the Equity and Diversity Strategy (Recommendation 3), as well as being reflected in management PDAs. • Training should be provided on a life-long learning continuum and be tailored to be appropriate for all employees at all ranks. This includes Command and experienced senior managers who have not sought further career progression, particularly at Inspector and Superintendent level. • Satisfactory completion of the training should be included on PDAs and considered in upgrading opportunities, applications and promotions or transfers. • All employees should be required to refresh their learning in these areas every two years. If properly owned and resourced across the organisation, the intentions of the Education Master Plan (EMP) will play a significant role in improving management capability to reduce the incidence and severity of harm being experienced through: • improved capability to manage safety and accountability aspects of inappropriate workplace behaviours • minimisation of further harm from the workplace and formal reporting processes, and • confidence to build respectful and safe workplaces for men and women. At the time of the Review, there were a number of interlocking ‘pieces’ of the Master Plan transformation in development that have promise for future management capability to be able to build gender equitable and respectful workplaces. The vision of the Master Plan will not be achieved without concerted and sustained effort to align strategic people functions and the learning experienced in workplaces. This is addressed further in Chapter 6.
Chapter 9: Education and knowledge development 235 Chapter 10 Local management, supervision and performance
Main findings Introduction
• The level of understanding and identification Managers and supervisors at Victoria Police of sex discrimination and sexual harassment are responsible for creating and maintaining at supervision and management level across safe, healthy266 and productive workplaces. the organisation is inconsistent. As explained in Victoria Police’s policy on • The categorisation of sex discrimination Workplace Management and Supervision: and sexual harassment by managers as Managers and supervisors play a workplace conflict, a relationship issue, or significant role in contributing to the unimportant means that these behaviours overall performance and behaviour are sometimes not managed in a safe or of employees and the organisation. arguably lawful way. As organisational leaders, they are • Managers and supervisors often fail, for expected to demonstrate, promote a range of reasons, to set appropriate and enforce ethical and professional workplace standards and act on harmful behaviour and service excellence.267 workplace behaviours or complaints about these behaviours. The Review considered the requirement for managers to manage inappropriate behaviours • Managers and supervisors provide in the workplace, as well as the education and inconsistent safety and support for targets/ support needed to be an effective manager. In victims of sexual harassment and sex particular, this chapter considers: discrimination. • There is a need to improve the skills, • legal liability for managers and supervisors knowledge and accountability of managers • the need to understand and identify sexual to proactively manage and respond to harassment and sex discrimination harmful workplace behaviours in a safe and • the need to set clear standards supportive way. • management responses to individual and • There is a significant gap in the advice workplace norms and behaviours and support available to managers and • management responses to local reports and supervisors in Divisions to manage people complaints issues. • incentives for managers to supervise • There is a need for supervisors and effectively managers to conduct ongoing performance management to develop employees’ • support for managers and supervisors capability and reward good work • performance management. performance. Workplace values and behaviours are not understood as a critical element of performance. This is separate and additional to the need to manage and record inappropriate behaviour. 266 For example, see Equal Opportunity Act 2010 (Vic) s 15 and Occupational Health and Safety Act 2004 (Vic) ss 20–21, 23. 267 Victoria Police Manual – Policy Rules, Workplace Management and Supervision (updated 06/02/15) 1.
236 Independent Review Legal liability for managers and Authorising and assisting supervisors The Equal Opportunity Act makes it unlawful for a person to ‘authorise or assist’ discrimination, Under the Equal Opportunity Act, managers sexual harassment or victimisation. This and supervisors at Victoria Police: includes where a manager or supervisor ‘requests, instructs, induces or encourages’ • can be directly liable for sexual harassment, discrimination, sexual harassment or discrimination and victimisation victimisation.272 • can be liable for authorising or assisting A failure by a manager or supervisor to act on sexual harassment, discrimination and or manage complaints of sexual harassment or victimisation discrimination may also amount to ‘authorising • have a key role in preventing vicarious or assisting’ under the Equal Opportunity liability by Victoria Police Act – particularly where ‘there was a duty or • have a positive duty to eliminate sexual legitimate expectation that the relevant person harassment, discrimination and victimisation would act’.273 as far as possible in the workplace. An applicant can bring a dispute to the Legal liability under the Equal Opportunity Act Commission or initiate proceedings to the is explained in more detail below. Tribunal against the person who allegedly Occupational health and safety laws also engaged in the conduct or the manager or require employers to provide and maintain a supervisor who allegedly authorised or failed to 274 work environment that is safe and without risks respond to it. to the health of its employees and others, as far as ‘reasonably practicable’.268 Vicarious liability As noted in Chapter 1 Victoria Police is Direct liability vicariously liable for sexual harassment, A manager or supervisor can be directly liable discrimination, and victimisation by its under the Equal Opportunity Act if they: employees in the course of their employment unless it can prove that it took ‘reasonable • discriminate against an employee because precautions’ to prevent the sexual harassment, of their sex (including by denying or limiting discrimination or victimisation from happening in access to opportunities for promotion, the first place.275 transfer, training or other employment benefits; dismissing or terminating the Precautions may be considered reasonable employee; denying access to guidance if steps are taken to prevent such conduct programs, training or other occupational including having up-to-date policies dealing training; or subjecting the employee to any with sexual harassment, discrimination other detriment);269 and victimisation, and making sure that all employees are aware of and understand those • sexually harass an employee or a job policies including through training. Policies applicant;270 or should be implemented, regularly reviewed and • victimise another person by subjecting, or improved. Managers and supervisors also need threatening to subject, them to any detriment to show that they took appropriate remedial because they have asserted their rights action if a complaint was made or they became under equal opportunity law.271 aware of sexual harassment or discrimination in the workplace.
272 Equal Opportunity Act 2010 (Vic) s 105. 268 Occupational Health and Safety Act 2004 (Vic) ss 20–21, 23. 273 For example, see Kafantaris v City of Yarra (Anti Discrimination) 269 Equal Opportunity Act 2010 (Vic) s 18. [2005] VCAT 2591 [23]. 270 Equal Opportunity Act 2010 (Vic) s 93(2). 274 Equal Opportunity Act 2010 (Vic) s 106. 271 Equal Opportunity Act 2010 (Vic) ss 103–104. 275 Equal Opportunity Act 2010 (Vic) ss 109–110.
Chapter 10: Local management supervision and performance 237 Positive duty prohibited behaviour is likely to continue or be done again causing the complaint to fear for her or his safety, managers and supervisors The positive duty requires Victoria Police need to consider whether police should apply and its staff to take ‘reasonable and for a Personal Safety Notice279 or encourage a proportionate’ measures to eliminate sexual complainant to make an application in person. harassment, discrimination and victimisation Managers may also need to make inquiries as as far as possible.276 In practice, this means to whether a Personal Safety Intervention Order taking proactive steps to create a safe and or Interim Order is already in place so that healthy workplace that does not tolerate appropriate arrangements are made to ensure discrimination, sexual harassment or compliance with the Order, including roster victimisation. changes. Managers and supervisors have obligations For managers and supervisors, complying with under the Charter of Human Rights and the positive duty includes: Responsibilities Act. This is discussed in more detail in Chapter 1. • making sure that staff know and understand their legal obligations under the Equal Opportunity Act and relevant policies and Understanding and identifying procedures sexual harassment and sex • complying with, and making sure that staff discrimination are aware of, relevant complaint-handling and grievance procedures. The reality is that behaviours can Complying with the positive duty is an important become the norm if not identified and way that managers and supervisors can help addressed (male interviewee). Victoria Police avoid vicarious liability for sexual harassment, discrimination and victimisation by its employees. Understanding the law The Equal Opportunity Act sets out clear legal Criminal conduct and intervention orders tests for discrimination and sexual harassment (see Chapter 1). These tests are reinforced in Sexual harassment may involve crimes such relevant Victoria Police policies and procedures. as stalking, assault or threat to assault, sexual assault, threat to commit sexual assault, However, the Review heard that there is a kidnapping, among others.277 If a manager lack of understanding and visibility of sex reasonably believes that a police officer discrimination and sexual harassment by has committed an offence punishable by managers and supervisors. This can lead imprisonment, a criminal investigation must to a failure to identify and respond to sexual be instigated. A matter of police misconduct harassment and discrimination when it may also be referred to police for criminal happens. investigation by the IBAC. Managers should The Review observed that some managers encourage the reporting of crime. Managers misunderstand the legal tests for sexual may also make complainants aware of their harassment and sex discrimination, including: right to apply for protection under protected disclosure laws.278 • incorrectly importing a requirement for ‘intention’ into the tests for sexual harassment Where behaviour is reported to management and discrimination involving allegations of stalking, assault, sexual assault, harassment, property damage • applying a criminal (‘beyond reasonable or making a serious threat, and where the doubt’) rather than civil (‘on the balance of probabilities’) burden of proof to the tests for 276 Equal Opportunity Act 2010 (Vic) s 15. 277 Crimes Act 1958 (Vic) ss 21A, 31, 40, 43, 63A. 278 Protected Disclosure Act 2012 (Vic). 279 Personal Safety Intervention Orders Act 2010 (Vic) s 15(e).
238 Independent Review sex discrimination and sexual harassment unlawful sexual harassment – such as offensive (see Chapter 13) banter, jokes and unwelcome sexual advances. • failing to identify the broad spectrum of Managers are also more likely to recognise unlawful conduct that constitutes sexual predatory behaviour than other forms of sexual harassment – instead, focusing on conduct harassment or sex discrimination. at the criminal end of the spectrum. Participants told the Review: The Review notes that in some cases, the Victoria Police Manual does not include current They might say, “He stands too close to or accurate information about the Equal me”. This is code for “He is harassing Opportunity Act. For example: me”. They don’t want to say the H word (senior manager). • policies on bullying, discrimination and harassment set out the tests for There are times when a police woman discrimination under the previous Equal says she doesn’t want to work with a Opportunity Act 1995 (Vic) rather than the certain officer, and the manager doesn’t substantially different tests under the current ask why (external expert). Act The Review also heard that in many cases • the procedures on workplace conflict persistent and pervasive sexism is the (which includes discrimination) refer to the norm, despite having a significant impact on requirement for ‘intention’, despite there employees: being no requirement for intention under the Equal Opportunity Act.280 If the behaviour is embedded in a These findings have informed Recommendation work group it would be difficult for 5, which includes a review and update of all management to identify or manage relevant policies and procedures to ensure (female survey respondent). that the legal tests for sexual harassment, In some cases, the Review observed a discrimination and victimisation are accurate reluctance by managers and supervisors and that current policies and procedures to name sexual harassment and sex ensure remedial action. discrimination.
Revised policies should inform training It is always lower ranks identifying for managers and supervisors are also issues and making complaints. This recommended in the Action Plan and in stuff is never pursued proactively from Chapter 9. higher ranks (female interviewee).
Identifying sexual harassment and The Review also heard that some managers and sex discrimination supervisors failed to recognise and therefore respond to sexual harassment as a form of Unless you start to evolve the violence against women: leadership framework in relation to this behaviour, it will perpetuate and won’t We need to invest in our management be recognised at introductory levels to understand what inclusion looks like, (senior manager). including in relation to gender violence. There is probably a reluctance to refer As a law enforcement agency, Victoria Police to ‘lower level’ negative behaviours as has longstanding expertise in identifying and ‘violence’ (senior manager). responding to crime. The Review observed that managers are able Forty to 50 per cent of middle to readily identify sexual harassment at the managers do not see the seriousness criminal end of the spectrum (such as sexual of sexual harassment or recognise it as assault) but are less able to recognise the a gender issue (former executive). broad spectrum of behaviour that constitutes
280 Equal Opportunity Act 2010 (Vic) s 10.
Chapter 10: Local management supervision and performance 239 Categorising sex discrimination and sexual Another issue is early identification and harassment as ‘workplace conflict’ intervention. I expect my supervisors to be across their workplaces. When you walk the floor, you can sense things. I’m The Review observed that managers and disappointed when the inspector and supervisors sometimes categorise and superintendent don’t know things are manage sex discrimination and sexual going on (executive interviewee). harassment as ‘workplace conflict’ rather than unlawful conduct perpetrated by one You have to be held accountable. If you don’t know what’s going on and person against another. This is supported you’re a boss, you are doing something by policies, procedures and practices wrong. If you don’t act when you that categorise sexual harassment and do know, then you should be held discrimination as ‘workplace conflict’ or accountable, not rewarded (female ‘relationship issues’. interviewee). A number of senior managers and supervisors For example: told the Review that they had never witnessed or been aware of sexual harassment or sex • Victoria Police’s policies and guidelines discrimination. This is discussed in Chapter on ‘workplace conflict’ include guidance 2. Some were surprised at the prevalence of on managing sexual harassment and these behaviours. For example, managers and discrimination – with the policy specifically supervisors told the Review: stating that it aims to ‘assist with resolving workplace conflict, including I have never had to deal with [sex complaints concerning bullying and sexual discrimination] from a management harassment.281 perspective and have never seen • Welfare Services has not captured sex anything that would make me need to discrimination and sexual harassment as intervene (male interviewee). a separate category of unlawful conduct. The Review observed that a number of At present it is likely to be categorised as managers and supervisors failed to recognise either ‘discipline related’, ‘workplace issue the systemic nature of sexual harassment and (conflict)’ or ‘relationship issue’. Although the sex discrimination, instead recognising ‘problem Review was subsequently informed that this workplaces’ or one or two ‘bad eggs’. has recently changed with new categories created which include alleged bullying, Barriers to visibility alleged discrimination, alleged harassment and alleged sexual harassment. I have thought about why it’s not as Categorising harmful behaviours as workplace visible to people like myself. Is the conflict or relationship issues can mean that behaviour as overt as it was in the past? these behaviours are not managed in a safe, There’s new technology, social media supportive or lawful way. – members interact differently today. If you are going to change the culture, This issue is discussed in more detail in the membership needs to understand Chapter 11. the issues and the impacts of these behaviours (executive interviewee). Visibility of sexual harassment and sex discrimination The Review heard about why sex discrimination and sexual harassment may not always be The visibility of sex discrimination and sexual visible to managers and supervisors, including: harassment by local management is crucial to creating a safe workplace. • the often insidious nature of sexual harassment and sex discrimination • the normality of persistent and pervasive 281 Victoria Police, VPM – Policy Rules, Workplace Conflict (21/01/13) 1. sexism and misogyny
240 Independent Review • under-reporting of sex discrimination and standards of workplace behaviour that were sexual harassment (discussed in Chapter 12) respected and upheld. The Review heard from • the increasing use of technology and social many employees about the role that they and media their managers should play in setting workplace standards. • the physical and/or social separation of managers and supervisors from staff Employees expressed their expectations about • the failure to identify inappropriate behaviour the role of management in setting workplace as sexual harassment or sex discrimination standards: (see discussion above) Managers should be briefing new • the nature of particular workplaces, which middle manager’s/team leaders when can mean that managers and supervisors they arrive at their station/unit, etc may not interact regularly with their staff. that certain behaviour is not tolerated A number of participants raised the importance and if reported it needs to be taking of having managers and supervisors that are seriously and dealt with, this may physically located in close proximity to their already happen I’m not aware staff, and who interact regularly with their staff. (female survey respondent). One senior manager noted the need for: In short, if management and Physical line of sight in workplaces supervisors set the right standard is a practical way of ensuring people through example, conduct and dealing understand their actions and behaviours with minor misconduct, then all are visible to the business. It provides members have a clear understanding supervisors with more opportunity for of the expectations and consequences oversight … Sergeant offices have glass (male survey respondent). walls between them and the muster room The Review heard about managers who (executive interviewee). recognised the importance of strong leadership Other participants explained that: in setting workplace standards. Some managers were very aware of their responsibility to set Because of the design of the building, good workplace standards and viewed this role where I sit with him is also physically as central to their roles and ranks: isolated. It is a bit of a maze. The officers won’t come over our side of the … We might have people who have building, and there is almost no visibility less experience than four or five years of the Inspector at all, no connection or quite senior people, but regardless … The boss just walks past them and of how long you’ve been in the job, doesn’t even acknowledge them. The when you come in there is quite a lower ranks don’t have much interaction well-structured process for starting the with higher ranks here at all. That job, there’s a mentor assigned, and a separation is a big problem process to develop you incrementally (female interviewee). (male interviewee).
Things fall through the cracks where I’ve walked into a station where I management has no visibility and they addressed a male police member don’t speak with people. It is a because the language he was using dynamic that can get toxic easily was just terrible, and I thought do I just (male interviewee). ignore it or do I go out and embarrass him? Instead, I called him to my office, and told him I wouldn’t tolerate that Setting workplace standards behaviour. He acted as though he hadn’t said anything wrong … I have There was widespread agreement among high expectations about how people will Victoria Police about the need for clear behave and this is what I tell sergeants
Chapter 10: Local management supervision and performance 241 they need to do. As a result of this The critical rank is senior sergeant – everyone tiptoed around me, and they set the tone for everything in the acted as though I was going to have workplace (executive interviewee). a problem with everything … For the At the same time, there was recognition of next two weeks I was there I didn’t hear the role of senior management in enabling any swearing, but it also had the flow inappropriate workplace standards to persist: on effect of a female sergeant and a female constable came to speak to me, Sometimes they’re not there. Sometimes because they know I’ve drawn the line in they join in. If they start to think it’s the sand and I will stand up to it … But slightly inappropriate, the sergeant might it shouldn’t just be females that support come back with a bit of banter to pull all the females in the organisation, but them into line – such as if someone is it’s up to the men to step up to the plate saying they want to sleep with someone, (female interviewee). the sergeant might make a joke about Employees also gave us feedback about good how that guy probably couldn’t get it up supervisors who ‘nipped it in the bud’ and or something (female interviewee). applied visible consequences when employees There were questions about the genuineness did not meet expected standards of behaviour. of senior leadership’s commitment to address inappropriate workplace behaviour, with many Modelling and applying flexible work employees regarding it as a risk management arrangements exercise rather than a pro-active people- Good management practice modelling and focused exercise: applying flexible management are discussed The management style that is valued in Chapter 7. However, the experience of many at Victoria Police is about ticking employees seeking flexible work arrangements green lights – i.e. you don’t take any was that managers were not equipped to sick leave, your books are up-to-date, manage those requests. everything is in order. People come Increase awareness of part-time second. But people management is entitlements. Managers need to be what is important (site visit). more across discrimination of part- Senior command – and middle-top timers re course allocation, etc. management – they don’t exhibit any style (female survey respondent). of their own. They are all chameleons that change their colours to match the Chief Workplace standard setting Commissioner. Ken Lay put a stamp on The Review heard a widely held perception that things – he said that things would not be workplace standards are set by sergeants and tolerated, so the leadership reflected that senior sergeants: (male interviewee). The Review heard that responsibility for The sergeant I was talking about standards and workplace culture was regarded could have just said, “No, we don’t as the ‘job’ of employees, but not for senior talk about women we work with management: like that,” but he didn’t, because he Zero tolerance is drummed in wants to be one of the boys, and just everywhere for newbies. There are thinks its harmless banter, and just posters everywhere. Yet when you get be one of the boys. If he had just said to higher ranks – there is nothing. In something, they would have stopped their mess areas there is not anything (FEMALE INTERVIEWEE). – no posters – it seems like the expectation is that they are exempt from poor behaviour (female interviewee).
242 Independent Review Employees told the Review that Executive to the media, yet their past can’t be Command had to lead if middle management ignored. He has knowledge of his male was to improve: subordinates engaging in conduct endangering life and a sexual assault. It does have to come from Executive This matter was swept under the Command. Where it’s being blocked at carpet. There was no apology to me the moment is the senior sergeant level. (female interviewee). Things like the woman who reported to me, and it was absolutely abhorrent She said “I don’t want anything done. what happened to her – nothing I’m moving from there and I don’t want physical but the behaviour she had anything done”. And she said “what to put up with in the station. A Senior worries me the most is the inspector Constable asked to be put on the van is the biggest predator in the whole with her, and the sergeant agreed– the office” (female interviewee). problem starts here … Everyone at the The Review heard extensive reports about station has warned all the new trainees, the reputations of management and senior particularly the females about the SC, leadership who had engaged in inappropriate but no one was prepared to stand up and sometimes allegedly criminal behaviours: and say anything (female interviewee). Then there are frontline managers, they Managers not setting appropriate need to put a boundary in because there standards are stories about the things senior people There was extensive feedback to the Review did when they were in more junior positions that supervisors and managers did not set – for example, there is a [senior member] appropriate examples in their workplace: who when he was [more junior] used to get drunk and expose himself in public Holistically, I think Victoria Police needs places, like wave his dick around at a party to take a stronger stance around that … I saw the same member [when he was kind of joking in the workplace, because more senior] coming on to a probationary it means that the boundaries get blurred constable. How is she supposed to (male interviewee). manage that situation? And how are all the women at that station going to see him Supervisors being more of a good after that? How could he be considered example to junior members. A lot of the a safe person to manage a complaint of time it’s Sergeants who seem to be sexual harassment? (female interviewee). leading the behaviour (female survey respondent). In a few cases, managers have been promoted to very senior levels within Victoria Police I’ve actually never even seen a sergeant notwithstanding their own behaviour: say ‘that’s out of line.’ (female interviewee). My friend had initially gone to her boss Managers behaving inappropriately and told him the male police officer had been making sexual advances. Nothing The Review heard many examples of managers happened. The boss should have looked who were sexually opportunistic, inappropriate into the allegation before the alleged and engaged in unlawful behaviours: rape even happened. When she reported The job was great, the work was great, of earlier approaches, it should have but the bosses weren’t. The Sergeant been looked into. It would have made a was always making sexual jokes. There difference if the guy had of genuinely is a culture of females constantly being apologised. But his career has flourished, put down (female interviewee). he can’t be touched. He is protected. There is a sense of betrayal when you A high-ranking senior officer may say see them on … TV (female interviewee). all the right things at meetings and
Chapter 10: Local management supervision and performance 243 Management responses to In many workplaces, roster arrangements impacted on how often workplaces could come individual and workplace norms together, or be updated on current operational and behaviours priorities and workplace issues. It is much easier to educate your Proactive management members about what your standards are in a face-to-face read out, or in The Review heard of many instances of good a meeting, where you are engaged management practice across the organisation. and have visibility, compared to an Where workplaces were functioning effectively, email where they might say what their the Review heard from management and standards are and you may not have employees alike that there was a clear line seen them for a few weeks … of sight between frontline members and management: … As a Sergeant in the station, you might have administrative control over … I think as a people manager you ten members, but you might not see need to develop and support people to them for over a fortnight. This creates be their best – I think you need to care its own problems and challenges in and listen. Having one on one chats driving the culture of a workplace (male with people, not just when they are in interviewee). trouble, or when a computer tells you to for the PDA. I think 95% of being Management recognition of the stress and a manager or supervisor is people impact of policing work on employees was management (male interviewee). important. Rather than waiting for early indications of stress or harm, the Review heard Conversely, where employees did not have about managers that took a proactive approach regular engagement with senior management, to welfare in their workplaces. there was additional risk of poor management and inappropriate behaviours: It’s getting the right bosses … They go out of their way to help you In my work place, there are a few (female interviewee). things that have made it easier for him to get away with his harassment. The role of managers in providing a safe and So, in terms of what really goes on in supportive environment for victims/targets of the station, who calls the shots – he workplace harm is discussed in Chapter 11. does, he gets the direction from the inspector in headquarters. But we Management response to unreported are really isolated, and he is allowed inappropriate behaviours to be isolated – like he doesn’t want A number of issues were raised regarding headquarters to know our business supervisors and senior managers acting on (female interviewee). information about inappropriate behaviours I think for a lot of them, particularly at when no formal complaint had been made: Senior Sergeant rank, it can be very I think … when senior managers look isolating – they are a big fish in a small at their management responsibilities, pond. There are a huge number of they focus on the evidentiary stuff. demands on them, they have huge For example, they may feel something responsibilities and are often torn going on but they don’t do anything in numerous directions all at once. about it. There is a very high standard Many are isolated from good support of proof (Chief Commissioner of and management by their Inspectors Victoria Police). (female interviewee).
244 Independent Review The higher you go the less people you A common theme that emerged through the interact with. Your circle is less. There’s Review was that ‘women’s issues’, including less preparedness for people to raise sexual harassment, were referred by line these issues with you … As a manager managers to other women managers. Apart of three 24hr police stations, I’d have no from not managing inappropriate workplace problem taking action. But I’d have to issues, this increases the management work for know about the behaviour. Anecdotally women who are managers and again relegates you may know. It’s about the senior them to the ‘caring’ role: sergeant … sometimes it doesn’t get to you until it’s serious (male interviewee). Senior sergeants don’t own women’s issues. They always get referred to The Review heard that many supervisors and female managers (site visit). managers were not confident in managing their concerns about inappropriate behaviours in It appeared this was based on the assumption their workplace where no complaint had been that a woman would feel more comfortable made: talking to another woman. It also appeared that these issues were ‘uncomfortable’ for male Access to information is not so good. supervisors to discuss, which in turn increases Better direction and signposting would the discomfort for women to raise them at all. help. As a manager I have had no The Review also heard of cases where training or information on how to deal managers simply abdicated responsibility for with these issues if they arose managing: (male survey respondent). A few managers told the Review that they thought His angle was something like, ‘Sorry current policies and procedures were clear and there is nothing I can do, we don’t deal accessible, but these were the minority: with these things too well.’ This was a different Inspector and he is a fair I am comfortable with the current man but he still refused to help me policies and procedures that are in (female interviewee). place for managers to support victims and sanction/support the perpetrator Management collusion in workplace harm (male survey respondent). Some managers – at all levels and ranks – In conversations with management, the Review appear to have unintentionally re-victimised heard there is no clear guidance or standard employees through ill-considered management operative procedures for management. This responses to inappropriate workplace leaves scope for duty failure and inconsistency behaviour. between operational and staff management (site visit). It is devastating that my supervisors did not protect me or the other females One woman told the Review: from predatory behaviours.
The [manager] wanted me to follow ... they saw him pursuing me but they it up, but I couldn’t afford the risks to didn’t understand the seriousness of me or my family. I knew he couldn’t it, or perhaps did not care. There were guarantee my safety. He accepted a few sergeants that I told, but one that it would put me in jeopardy. He laughed and made jokes about his was receptive and open to hearing conduct (female interviewee). what I had to say. He wasn’t surprised. He knew about the [perpetrator’s] Other managers contributed directly to reputation. It didn’t surprise him at all. the re-victimisation of employees through He acknowledged that the leadership unprofessional and, in some cases, intentionally from the top was weak. He wished he vindictive behaviour. This included through: was there long enough to make some • inappropriate and unprofessional sharing of changes (female interviewee). personal information:
Chapter 10: Local management supervision and performance 245 The [boss] shared confidential emails making something out of nothing … … with the perpetrator (male survey [This woman was later raped by the respondent). man referred to] (female interviewee). • lack of consideration for safety and • disregard of good management practice welfare of employees who had been in responding to inappropriate workplace sexually harassed or discriminated against behaviours: (discussed in more detail below): I spoke to the inspector, who made Then a friend rang me and said they me sit for two hours outside the door were moving [him to my station] … waiting for him. He said “what a pity you I was so scared … I rang my boss … don’t have any emails or documentation and spoke with him the next day in to support your story” (female person and he got another Sergeant to interviewee). corroborate while we spoke about why The Review heard of many cases where I didn’t want to have [him] as my boss. managers not only enabled, but encouraged Then a day or so later I was called into situations that were potentially unsafe and put the Inspector’s office and he said they their female colleagues at risk. wouldn’t move me. He basically said that the [alleged perpetrator] was more One night after members had been important than me, due to his expertise having drinks after work, there was … [and] apparently the ‘issue’ didn’t another girl who lived a distance away exist because a formal complaint was and the perpetrator offered to drive never made (female interviewee). her home. The Sergeant encouraged • victim-blaming attitudes: it. I felt that this was grossly negligent (female interviewee). She goes to move to a new station and the guy at [the new station] calls her and he says, “You’re not going to cause Management responses to any trouble over here are you?” unreported behaviour an (female interviewee). complaints
The senior sergeant said, ‘Do you Managers and supervisors are responsible for really want to be that person? I’m just responding appropriately to local complaints worried about your future.’ So if you of sexual harassment, discrimination and know that’s what they’re like, why victimisation in the workplace.282 would you complain about anything? This includes taking immediate action to ensure The last thing I want when I’m feeling that the person who has made the complaint like a victim is to be further victimised is safe and referring the person to appropriate by a complaints process welfare and support. It also means treating (FEMALE INTERVIEWEE). all complaints as genuine, following relevant policies and procedures, and making a detailed record of the complaint. • minimising the risk of behaviours of men who sexually harass women: The Review heard that these responsibilities are not uniformly met by supervisors and managers I called the roster sergeant. I was across Victoria Police. There are a range of worried about my safety on the van. factors and contexts that mitigate against When a young female member calls managers managing inappropriate behaviours. up and says the things I did, he should have done more. He minimised what I said. I was taken off the van, but I
was left to feel that I was an idiot, and 282 For example, see Equal Opportunity Act 2010 (Vic) s 15; Occupational Health and Safety Act 2004 (Vic) ss 20–21, 23.
246 Independent Review Safety and support for targets/victims In part, lack of support is driven by a disproportionate focus on procedural fairness There is very little support for people who for alleged perpetrators of workplace harm, disclose this type of behaviour … The rather than safety and support for targets/ policy we have is cold comfort to genuine victims of workplace harm. The Review complainants … complainants need to considers that the safety and support of targets/ be supported and believed (male survey victims should be an immediate and ongoing respondent). priority for managers while a complaint is being The process of natural justice needs to be investigated. This is not mutually exclusive with followed, but support for any victim should procedural fairness. be a natural course for the management team (male survey respondent). A strong theme was the perception by The Victoria Police Manual states that managers that people who made complaints ‘supervisors and managers must treat all were retaliating against claims of poor reported complaints of sexual harassment as performance. Rather than address the genuine and provide employees with support underlying causes of the issues raised with 283 and guidance in dealing with the issue’. It them, managers sometimes focus on their also requires managers and supervisors to symptoms. take responsibility for employee wellbeing and to offer assistance to all parties. It notes that assistance may include a referral to Welfare The Review notes that these widely held Services or other support services as deemed attitudes about complaints reflect management appropriate at any time.284 deficiencies, an organisational victim blaming culture and inadequate clarity and The Review heard that there needs to be an implementation of performance management increased focus on ensuring that a target or victim processes. is safe and supported, as set out in Chapter 11. A number of participants told the Review that there The mechanisms to support managers to can be a lack of safety and support for a person respond to complaints in a safe and supportive who makes a complaint to local managers or way are described in Chapter 10 and 11. supervisors – with support more often provided to The Review also heard about the significant perpetrators than targets and victims: impact of providing support to targets and [I was told] to ‘pull your head in’. I was victims, including acknowledging and validating told ‘the [perpetrator] is supported’. a person’s complaint: He is a top bloke. You have no documentation (female interviewee). Thank you to my senior sergeant and I have known a number of colleagues the inspector for saying “this is not who have been stalked by other ok. You’re our concern and we’re here colleagues. In not one of these to support you.” I cannot tell you as circumstances did I see the victims a [junior employee] how much that supported by Victoria Police or meant to me. I didn’t think anyone management … One situation in would believe me particular I know that the victim (FEMALE SURVEY RESPONDENT). of repeated ongoing stalking and assault was not only not supported by management but made to feel at blame I was introduced to the [manager]. (female survey respondent). He really wants to make a difference. I trusted him. I agreed to speak to 283 Victoria Police, VPM Sexual Harassment – Procedures and him, and sound him out. I told him Guidelines (updated 29/09/2104) 2. about the concerns for my safety. He 284 Victoria Police, VPM Sexual Harassment – Policy Rules (issued was appalled. He acknowledged my 29/09/14) 3.
Chapter 10: Local management supervision and performance 247 concerns and validated them (female alleged rape even happened. When interviewee). she reported of earlier approaches, it should have been looked into. It would As part of the Workplace Harm Model have made a difference if the guy had recommended in Chapter 13 and as set out of genuinely apologised … Victoria in Recommendation 5, Victoria Police should Police’s duty of care fails miserably develop clear and detailed guidelines for around unwanted sexual behaviour managers and supervisors on their roles and (female interviewee). responsibilities to responding to inappropriate behaviour and complaints in a fair, safe and The Review heard about the reasons why local supportive way. The guidelines should make management fail to act on complaints of sexual it clear that the safety and support of targets/ harassment and sex discrimination. This includes: victims is an immediate and ongoing priority for • failing to identify inappropriate behaviours as managers while a complaint is being addressed sexual harassment or sex discrimination (see or investigated. discussion above) Failing to act on complaints • lacking specialist expertise and support to manage complaints (see discussion on The Review heard that managers and support for management below) supervisors sometimes fail to act on complaints • not taking complaints seriously of sexual harassment and discrimination: • difficulties managing friends There needs to be more accountability • deciding that there is not enough ‘hard at those senior levels too. If you proof’ (see discussion on burden of proof in have people coming to you to make Chapter 13) complaints or representing lower ranks, • a lack of incentives to act (such as positive you can’t be allowed to sweep it under recognition in a manager’s PDA or in their carpet (female interviewee). promotion pathway) Too much is dealt with ‘in-house’ and • disincentives to act (such as an increased swept under the carpet (male survey workload, concerns about the impact on a respondent). manager’s career, or fear of a counter-claim). Failure to respond appropriately to complaints Some of these factors are discussed in more may result in a failure to comply with the positive detail below. duty and may result in vicarious liability for Victoria Police. It may also result in a manager Not taking complaints seriously or supervisor being directly liable for authorising There were a few sergeants that I told, and assisting unlawful conduct under the Act but one laughed and made jokes about (see discussion above). his conduct (female interviewee). Failing to respond promptly and appropriately to The Review heard a number of examples complaints can have significant consequences of reports and complaints not being taken for the ongoing safety and wellbeing of seriously by managers and supervisors. In employees: some cases, inappropriate behaviour was With sexual assault matters, the encouraged or laughed at. For example: message the police give to the [He] joked about the complaint … community is they act quickly and he couldn’t grasp that it’s an issue – support the victim. It’s different when it’s scary (female interviewee). it happens on the inside … My friend had initially gone to her boss and told [H]e had targeted this woman explicitly. him the male police officer had been A number of people had laughed at this making sexual advances. Nothing behaviour. She had never told anyone happened. The boss should have before she reported it to her managers looked into the allegation before the who said ‘don’t worry, that’s just what
248 Independent Review he’s like’. The participant continued Lots of members in my team have been that ‘behaviour is often encouraged having issues with the same senior or laughed at. It’s a systems and a sergeant. Constables were coming to leadership issue (male interviewee). me to make complaints about him. As their manager, it was my job to go to Managing friends him, the offender, to take it up with him. The Review heard that some managers and But I was also being harassed and supervisors are reluctant to manage staff bullied by him (female interviewee). who are also their friends. This includes a reluctances to have difficult conversations, make Disincentives to manage difficult decisions, or in some cases, failing to Participants suggested that there were act on complaints to ‘protect their mates’. disincentives for responding to complaints, including an increased workload, a lack of [The Inspector] said this is just what subject matter expertise, a lack of support to happens – he didn’t want to have that manage complaints, and potentially negative hard conversation with the Sergeant consequences for a person’s career (including about his relationships in the workplace counter-claims being made against a manager with subordinates (male interviewee). or supervisor personally):
Supervisors refuse to stop sexually Managers are too busy to concern harassing behaviours because they are themselves with sexual harassment friends with their colleagues as well as complaints. This is a major issue. A being their supervisors. This makes them complaint consumes a significant less likely to recognise and act on such amount of time like any other people behaviour (female survey respondent). issue. Managers like to use the “sort it out” yourself approach (male survey respondent). Another conflict for people who are upgraded or promoted within, who It appears difficult to get any action have to manage issues they weren’t from management as they don’t want to aware of, or that they have been know about it for fear of increasing their involved in, or having to ‘manage’ workload in an area that they are not a mate. They have to manage these experienced to manage (male survey issues in their upgraded position, respondent). but then revert to their substantial Managers don’t intervene in rank and become a colleague again. inappropriate behaviour because they This can shift the power balance know they won’t be properly supported significantly and cause issues(FEMALE if counter claims are made against them. INTERVIEWEE). Leaders want to be accountable but in order to hold them accountable they have to be supported (male interviewee). There has been acceptance that bad behaviour has happened but people Managers and supervisors told the Review too scared to do anything – just like the that they have busy workloads and competing Catholic Church. Senior management’s demands, often prioritising operational tenure is limited, so they are scared demands over people management: to act. They do want change but they don’t want to get hurt, or hurt their The people stuff is seen as important but friends (male interviewee). not urgent, and it doesn’t get attended to. This is compounded by the lack of The Review also heard about examples where prioritising it by the organisation. Safety, managers were bullied by the staff member particularly physical safety, is on the against which reports were being made: radar, but more nebulous concepts such
Chapter 10: Local management supervision and performance 249 as wellbeing, morale, culture, etc., are Outcomes of complaints muddy, messy and clash with task focus The Review heard examples of positive and order, which is generally speaking outcomes where local managers and the way police like to work supervisors acted on complaints: (female interviewee). I know of one example where someone Acting against the target/victim’s wishes complained, someone actually acted Managers discussed the tensions that arise on it and it actually changed the between their obligation to act on a report and behaviour … The Sergeant spoke the importance of allowing a person to make a to the guy about it, and just listed it report safely and confidentially: on his PDA as a “discussion about relationships and social media” rather than a “management” thing, so that If you look at it from an OHS perspective it wouldn’t affect the guy’s chance of VicPol has an obligation to provide a safe getting a job, but at least there was workplace and, as VicPol employees, we all something on the record to show that have an obligation to report criminality and the Sergeant had acted on it and more misconduct. However a lot of inappropriate importantly, a conversation about behaviour is observed by colleagues and behaviours was actually had with the managers who see it and do nothing. member and the behaviour stopped (female interviewee). Alternatively, women will report but say The Review also heard concerns about the “I’m telling you but I don’t want to make a outcomes of local management, including formal complaint” which often leads to the promoting the perpetrator out of the workplace: named person being informally spoken to by management and told not to behave in Deal directly with the problem rather that way again. Often this person has been than shuffle it around to another office spoken to informally on a number of previous or station (female survey respondent). occasions but with no formal management and the same behaviour has continued to He got moved out of [station] by way of occur, sometimes over a number of years and a promotion once there were rumblings that he had been targeting local women in multiple workplaces. (female interviewee). The other side is when a manager tries to take action to deal with inappropriate behaviour but it is contrary to the victim’s There had been no formal counselling, wishes and the victim is then angry, upset and the Sergeant had been moved and is unwilling to participate in any part of the upgraded. In their minds, the offender process. had been rewarded and nothing had It is really difficult to find the right balance happened. Nobody had recorded between responsibilities as a manager/ the management response. The colleague and rights of the victim – having Superintendent in charge of the entire a say about the process is very important to division was saying “I’m happy” but he most victims – it is also essential that any was presiding over a hyper-masculine investigation is independent, transparent and workplace where predatory behaviour conducted sensitively (female interviewee). was encouraged by default and predators were seen as ‘good blokes’ (SENIOR MANAGER). This issue is discussed in more detail in Chapter 13. Some participants were also concerned about targets and victims being transferred as the result of inappropriate behaviour:
250 Independent Review Guidance for managers to develop gender equity workplans Each Command should champion • each Command will have a KPI target and support learning and professional for the proportion of Sergeants and development of their managers through Senior Sergeants trained, as well as the engagement in supervisory and proportion of other ranks trained. management training to be developed by Centrally, human resource policies should PDC. This will include: be reviewed with implementation tools • each Command will enable and support developed to support managers across employees to participate in the training Divisions to: • each Command will audit divisional • understand gender inequality as management processes and the driver of sexual harassment, sex mechanisms to ensure they are discrimination and gender based consistent with current policies and violence. guidelines, and reflect policy and • understand their role and responsibility guideline changes that result from this in preventing and responding to Review inappropriate behaviours in the • each Command will support Sergeants workplace. and Senior Sergeants to use their • set clear and unequivocal standards for learning in the workplace workplace behaviour • each Command will report to HR and • set clear pathways to support safety of PDC on any issues arising from the targets of sexual harassment, predatory training, including adjustments or HR behaviour and sex discrimination support needed to improve divisional • set clear pathways to support learning responses to sexual harassment and sex and accountability of employees discrimination choosing to behave in these ways. • record behaviours appropriately.
We still move the victim out of the area, reports about harmful behaviour including often because it is seen as ‘easier’. If sexual harassment and sex discrimination. the victim is moved out of the area, Consistent and appropriate people then you can get this harassment management training was considered of by stealth, innuendo, gossip (female particular importance given the fluidity of interviewee). supervisory arrangements that often interrupts Chapter 13 considers the outcomes of consistent visibility and opportunity to have disciplinary processes in more detail, including constant, intrusive management styles in transferring a person as a disciplinary sanction. workplaces.
There are no records kept. Managers Support for managers and swap and change all the time so there supervisors to manage learning is no oversight or consistency, so people know they can get away with it. Plus some seniors just let the bullying As set out in Chapter 9, the Review consistently go on, and they don’t protect you when heard that there is a need to improve the skills, you know stuff (female interviewee). knowledge and accountability of managers to proactively manage harmful workplace There is a sense too that you only have behaviours and respond appropriately to to outlast the senior manager –
Chapter 10: Local management supervision and performance 251 a sense that they won’t be there long. Resolution Advisory Centre (ADRAC) and the This makes workplaces vulnerable. Equity and Conflict Resolution Unit (ECRU), Staff can then make, cliques or harems, there is a lack of central advice and support and the next manager may or may not for managers and supervisors to manage uncover it. There is no organisational inappropriate behaviour and complaints locally. visibility of issues. You can look at Victoria Police’s historical dispute resolution hot spots like [Stations] … how many models are discussed in more detail in Superintendents have gone through? Chapter 10. You get a stable workforce, which outlasts senior managers so the issues A number of participants also suggested that remain (female interviewee). it would be valuable to have a central unit to provide advice and support to managers This informs Recommendation 5 which requires to respond to inappropriate behaviour and a structured handover process for rotating complaints locally, as well as access to human management positions for Inspector rank and resource practitioners to coach managers and above. supervisors in the regions: Management capability needs to be supported by line managers and the chain of command to Some people want HR to manage address inappropriate behaviour: their people. A unit like that would be good for support but not doing Strong leadership is essential – in a people’s job for them. It could be a police station it is the senior sergeant coaching conversation around how that sets the tone – if he/she are good to play a management role (executive role models it usually follows that the interviewee). sergeants will have similar values and supervisory skills – that then leads to [Victoria Police should] create a the troops having managers who are response or support team that can professional, fair and approachable and enter workplaces that have complaints ultimately a well run workplace with good of sexual harassment and manage that morale and very few issues. Oversight behaviour and any other peripheral and support from a good inspector is behaviours that may have led to the also a necessity (female interviewee). issue. Unfortunately, some managers are promoted without the relevant Specialist support for managers and experience or courage to address supervisors issues and they need support (male survey respondent). Managers and supervisors also need to have access to specialist expertise and guidance to A senior employee suggested that: address inappropriate workplace behaviours: … a highly strategic HR partnering Come up with a model to improve the model – not a co-location model – capacity of leaders to lead, then you with people moving in regions and being need a performance accountability accessible, developing relationships system that holds them to account with frontline leaders, and with support (executive interviewee). from HR to work in the proactive zone and connect where necessary regions There used to be ECRU for dispute with specialist areas – a strategic well- resolution. But we don’t have a rounded HR generalist who can operate centralised unit anymore. ECRU was across regions … good because managers could call them for help (senior manager). … The business partnering capacity will provide coaching and mentoring The Review heard that since the closure of for frontline people, not manage them historical complaint resolution units at Victoria (executive interviewee). Police, including the Alternative Dispute
252 Independent Review For probationary constables, there is the PDA system. Each member has three formal sessions with manager/ RECOMMENDATION 15 supervisor in the cycle. If there are performance/developmental issues, there is a responsibility under policy Establish a specialist human resource business for management to ensure appropriate partnering model to: measures are undertaken to performance manage the probationary • coach and mentor managers and constables. Apart from the PDA, supervisors throughout the business to there are on occasions anecdotal or enhance their supervisory and management ‘word of mouth’ reports of issues with skills. probationary constables. Supervisors • provide secondary human resource should investigate and record this consultations to managers where specific where appropriate to ensure proper issues had been perceived or identified, oversight of performance. including sexual harassment, predatory (senior manager). behaviour and sex discrimination. Current promotional training provides guidance • support divisional engagement with the on the use of the PDA process to support the workplace harm model and provide expert development of values aligned behaviour as guidance preventative (gender diversity) and dimensions of performance. This includes a interventions for workplaces that were at risk place to record behaviours that are inconsistent of, or impacted by inappropriate behaviour. with Victoria Police values. The human resource business partnering model will be complemented by a workplace harm unit Everyone has a PDA. Now there’s a which will manage reports and complaints of performance objective only for Senior inappropriate workplace behaviour. Sergeant and above. It used to be for everyone. There is a safety one that everyone has to meet. If we’re doing Chapter 13 considers the proposed workplace it for safety we should do it for this but harm model and human resource business I think they struggle with how how to partnering model in more detail. word it (female interviewee). I performance managed the senior Performance management sergeant continuously. His ‘operational’ performance was second to none – Professional Development Assessments (PDA) his intellect, product, and thinking. are the primary management tool for employee The issue was his personality performance and professional development. and behaviour. The performance management system doesn’t allow At the time of the Review, performance exploration of issues that are not management policies were under review. Current linked to output. This should be part practice in managing difficult people issues of changes to the system. When in Victoria Police (and other organisations) is performance is challenged it is undertaken at the lowest feasible management usually because of a failure in output level, with ‘problems’ reported up only when – for example, failure to fill out paper there are perceived risks to the organisation. work properly. There is no process Across Victoria Police, the PDA is underutilised to recognise the indicators of bad as a performance development tool. While behaviour. Managers usually wait until it rates of compliance are improving, the quality manifests and it is too late of conversations to support professional (male interviewee). development of employees is mixed.
Chapter 10: Local management supervision and performance 253 The Review heard of instances where the PDA PDA entry in so often all you get is had been used effectively to note individual’s positive PDA entries. I find PDAs performance development needs. problematic (female interviewee).
There are constantly grumbles about There can be many reasons why PDA and the time it takes. Also in someone underperforms, it could be relation to it capturing good behaviour welfare issues, workplace, lack of as opposed to being a punitive model clarity of roles. The PDA is a process (female interviewee). that managers are hesitant to do. Managers are hesitant to ruin The PDA has also been used as a tool to record a person’s career. All members need unprofessional or inappropriate workplace to understand that it is performance behaviours: tool, not a punishment tool [The manager respected the wishes of (female interviewee). the victim] for it to be treated informally. The Review heard from employees of concerns [the manager] confronted the offender that the PDA was used punitively and had not and documented the discussion (notes been used as a professional development tool: and PDA) … [Later] it occurred again and [was] immediately formalised, If I was ever promoted, I would never [and] facilitated his suspension and pay attention to a PDA. The only parts ultimate resignation – endorsed by TPA I would look at would be voluntary (female survey respondent). contributions by someone who you dealt with, not those with an ongoing Most managers told the Review they were not relationship. You can’t trust the confident to use the PDA in this way. information is impartial, and whether it You have to be careful about having was motivated by good or bad. It’s the a big stick attached to it. I think that same as trying to pump up their PDA to makes people resistant, and that’s why get them moved on. I understand what I refer back to education. When the they are trying to do, but it doesn’t work PDA was introduced, we had realised (female interviewee). we needed better accountability Most police want to move – location, about recording things … But it was function, promotion. This opens the way a legislative requirement that was for PDAs to be used to discriminate. It forced on to managers, and you have is always very easy to find ways to say no idea how resistant they were to it. the person should have done better … The biggest complaint was that there As mentioned, there is an overfocus wasn’t enough education for people to on punitive responses rather than an implement it (female interviewee). educational focus where appropriate. The Review heard from many managers that There should be a shift towards there was a lack of clarity about what the restorative justice or education. There ‘threshold’ levels of behaviour were that might is an obligation as an employer to train require a PDA entry: employees. NSW Police has shifted its model as has the AFP. With discipline If the girls changed night shift, he issues the approach is ‘if it warrants would also change shift. He would dismissal we will do that, otherwise we shine a torch at their breasts. What have an obligation to train you’ they put up with was disgraceful. (The Police Association Victoria). Management covered up for him. Warning bells were going off for me, The punitive use of the PDA included instances but this behaviour was not in his PDA where women who had rejected sexual (executive interviewee). advances were disadvantaged:
People are too scared to put a negative With regard to the use of PDAs, there
254 Independent Review have been cases where a police to build management capability. The Review member’s rejection of sexual advances heard support for upwards performance has led to a manager ‘punishing’ assessment processes. individuals by entering negative information on their PDA 360 Degree Feedback would solve (The Police Association Victoria). so many problems in Victoria Police (survey respondent, gender unknown). The Review also heard instances where PDA discussions were regarded as the only We have access to 360 degree formal mechanism to hold members to account for feedback which is used frequently inappropriate workplace behaviours. In some (executive interviewee). instances, this did nothing to reinforce expected standards behaviour: We need to focus on stronger leadership in the workplace especially on middle Force-wide standards for any action. [I managers who drive the culture and know a] victim of [sexual harassment] set the workplace standards. We by co-worker and it resulted in a PDA have a flawed system that recruits discussion, and no further action … and promotes managers with little what a joke (male survey respondent). true management expertise. Need to move away from the ‘he’s a good bloke PDAs were widely perceived as a tool to syndrome’ (male survey respondent). manage underperformance. The Review notes the need for additional Very few employees or managers reflected professional development and support for on it as a way to encourage and reward good employees to demonstrate Victoria Police values performance. The Review notes the need in their workplace interactions. At the time of the for consistent efforts to explain and promote Review, policies and guidelines on performance the rationale of performance assessment and professional management were under processes as a professional development tool review. to employees and managers. The Review also notes that the intent of Performance assessment, for Victoria Police the the PDA, which is to guide professional PDA, is an important professional development development , is compromised by its use as a tool. Its role in building a learning organisational mechanism to record inappropriate workplace culture has not reached its potential and behaviour where commensurate learning further work is needed to build the capacity of opportunities are not provided, or if there is managers – both through training and through an assessment that the incident(s) will not be guided practice learning opportunities. resolved by professional development. There is no support as a manager There were questions about its appropriateness at this station. Male sergeants and as a recording device for a range of reasons: senior sergeants undermine me and are waiting for me to trip up. I have With the PDA, you can only see it learnt to be a manager by using my for two years. Also as soon as they own initiative. That is what lead me transfer out you lose the ability to see to develop the [initiative for women] it. It’s professional development as … to support and promote better opposed to ethical history. It’s ongoing treatment of women in the police force. performance as opposed to incidents I do all of this work at home on my but it’s good to have them linked to own time. OHS is one of my portfolio identify (executive interviewee). responsibilities but my work in this area is not recognised in my PDA Re-introduce a reporting database of (female interviewee). complaints that ADRAC once had and not utilise the PDA system as the only Similarly, the potential of performance tool/place to record behaviour (male assessment processes has not been harnessed survey respondent).
Chapter 10: Local management supervision and performance 255 Documenting performance information • Introduce upward assessment processes for all supervisors and managers as part The Review observed a reluctance by local of the performance development process. managers and supervisors to document Feedback from this process should inform discussions about inappropriate behaviour, ongoing training needs assessment and complaints (whether formal or informal), and the development of the supervision and outcomes of those discussions/complaints. management training curriculum to be A number of managers currently use the developed by PDC. PDA or the police ‘blue diary’ to document • Performance development measures discussions with staff about inappropriate for executives should be implemented behaviour – whether or not they are the subject to support people development in the of a complaint. However, local managers do workplaces they manage. Measures should not have a consistent and accountable way of emphasise effectiveness over compliance. documenting information. Consider processes that formally The Review notes the importance of Victoria acknowledge executives assessed to be Police having consistent documentation of effective in developing people and building workplace behaviour discussions to support organisational capability, including those who managers to: pro-actively develop employees to reflect the intended diversity of the Victoria Police • manage performance and reward workforce at all levels. professional development progress • Victoria Police reweights the capability • inform promotions processes and ensure descriptors guiding performance that all aspects of employee performance assessment for supervisors and managers meet organisational values and capability at all levels with additional focus on people requirements management skills and demonstrated • support seamless handover processes and leadership in building a skilled and diverse good risk management practice (this should workforce be considered as business management • Victoria Police should review and identify rather than performance management). the appropriate tracking and recording mechanism(s) for inappropriate workplace behaviours that warrant ongoing supervision and management. RECOMMENDATION 12 In addition to recording information to enhance individual performance and alignment to • Consistent with and feeding into the organisational values, the Review notes that a organisation-wide gender performance separate workplace data recording mechanism framework, performance in workplace should be established through the workplace equality and respect should be a compulsory harm model in Chapter 13 to collect de- performance field or performance appraisal identified data on the prevalence and nature and reward and incentive systems. This of sex discrimination and sexual harassment includes being a compulsory field of PDAs across Victoria Police’s workplaces. and executive management performance agreements. • Inclusive management should be regarded as an area of continuous and ongoing professional development for all employees. • Managers who do not have and record conversations to support equality and respect in staff PDAs should be assessed as not meeting KPIs.
256 Independent Review Chapter 11 Workplace safety and welfare
Main findings Introduction
• Norms reflecting a hostile gender climate This chapter considers the prerequisites and expectations of resilience in Victoria for creating a safe workplace, at the local Police workplaces mean there is a workplace level. The Review heard consistently perception that there are ‘bigger issues’ that in workplaces, there was a need to provide for Victoria Police to deal with compared guidance to the organisation on the elements or to workplace harm. Sex discrimination and ‘environmental’ factors that underpin safe and sexual harassment have been minimised and respectful workplaces. side-lined. This chapter also looks at the contemporary • Sexism in the workplace is one of the key needs of Victoria Police to deliver safety and indicators of poor outcomes for women’s support to all employees. This includes an health, performance and occupational assessment of current needs, capacity and wellbeing. The Review has generated capability of welfare services. It focuses on significant evidence of women experiencing a clarification of roles, the resourcing and gender-based hostility when issues of specialist skills of welfare services, as well as gender equality are raised. their coverage. • Victoria Police has shown strong commitment to the health, safety and wellbeing of its PART ONE: employees; however the lack of alignment between initiatives, as well as a focus on Creating a safe workplace volume measures over impact and harm may limit their overall effectiveness. Obligations • A significant number of participants raised concerns about the different approaches to Victoria Police has a number of legal obligations supporting internal victims and those in the to create and maintain safe workplaces, community. including: • Workplace safety initiatives have been • a positive duty under the Equal Opportunity slow to recognise experiences of sex Act to take proactive steps to eliminate discrimination and sexual harassment in sexual harassment, discrimination and a strategic way. While the drivers of sex victimisation;285 and an obligation under discrimination and sexual harassment, the Occupational Health and Safety Act to including predatory behaviour differ from provide and maintain a work environment the drivers of other safety concerns such that is safe and without risks to the health of as operational safety and mental harm, the its employees and others. outcome is the same: an unsafe workplace. • an obligation under the Occupational Health • Although there are a range of support and Safety Act to provide and maintain a services in Victoria Police, there are ongoing work environment that is safe and without issues with role delineation, and services are risks to the health of its employees and stretched beyond capability because of the others.286 need to ‘fill gaps’ on an ad hoc, rather than 285 Equal Opportunity Act 2010 (Vic) s 15. strategic basis. 286 Occupational Health and Safety Act 2004 (Vic) s 21.
Chapter 11: Workplace safety and welfare 257 The Victoria Police Manual contains an What’s often the case with the Employee Health Policy. It states: exposure to the trauma of violence, is how it’s dealt with, not only by the Victoria Police aims to promote individual him/herself but also senior safe work practices, provide a safe officers, small groups and the larger workplace for its employees and a police group and how it’s processed professional, ethical, high performing at the time … or not. For example, if service to the community. This aim is a member is supported by a small underpinned by having employees who work group, the traumatic experience 287 are fit for duty in the workplace. may not be problematic, although The policy contains information on eyesight certainly there can be a cumulative screening, management of epilepsy, infection effect over time with serial exposure to control, pandemic preparedness and traumatic work involving violence and management, and alcohol and other drugs. The destructiveness (executive interviewee). Review was unable to find specific VPM policies Expectations and norms across Victoria Police on mental harm, including anxiety, depression workplaces expressed to the Review about and PTSD, and work-related stress or trauma. resilience and loyalty will be further tested The Review is aware of a forthcoming Employee by the heightened risk of terrorism, and the Mental Health Strategy. resulting introduction of additional safety measures for police employees. Nature of policing Victoria Police assumes an enormous responsibility for community safety – policing What we know about gender work can be demanding, dangerous and hostile attitudes and behaviours even life threatening. As discussed in Chapter in the workplace 2, police employees who engaged with the Review, both men and women, described the We know that gender hostile attitudes and importance of resilience, loyalty and strength. behaviours have a detrimental impact on The Review frequently heard that employees are individuals and workplaces. Broader research expected, or told to ‘toughen up’ or just ‘deal identifies sexism in the workplace as one of the with it’. key indicators of women’s health, performance A former employee described how job stress and occupational wellbeing.288 Studies have interacts with the internal gender hostile climate. also shown that employees who experience sexual harassment in the workplace report … when the bushfires were on, it was lower job satisfaction, performance and so awful for the police to have to go commitment to the organisation, and higher out and deal with that. I know that’s levels of psychological and physical illness their job but it must have an impact. compared with those who are not sexually I think the sworn members carry a harassed.289 lot of stress. It doesn’t excuse sexist behaviour, but it’s a loyal and tight Recent research found that less severe, high environment. Sexist attitudes that are frequency harmful workplace experiences part of the cultural norm are minimised and more severe, less frequent harmful because there are bigger things to deal with (female interviewee).
The Review commonly heard that there are 288 Victor Sojo and Robert Wood ‘Resilience: Women’s fit, functioning ‘bigger issues’ for Victoria Police to deal with and growth at work: Indicators and predictors’ (Briefing note, Centre for Ethical Leadership, The University of Melbourne, July compared to sex discrimination and sexual 2012) 10
258 Independent Review workplace experiences have a similar effect on their mindsets and practices.”293 The Review occupational wellbeing.290 welcomes these projects, and expects their implementation will complement this Review’s The same research also found that harmful Action Plan. workplace experiences have a more harmful effect on co-worker and supervisor satisfaction (than with work satisfaction).291 Further, the Zero Harm Strategy impact on mental health is striking. Victoria Police has shown strong commitment to the health, safety and wellbeing of its … All the facets of sexual harassment employees. Workplace safety has been … had stronger negative associations recognised as an organisational risk in 2015– with women’s mental health when 16.294 The Zero Harm initiative falls within the they were working in male-dominated new Health and Safety Strategy 2015–18 and contexts than for women working in is a whole-of-organisation strategy that aims mixed settings.292 to measure incidents of harm as an early intervention tool, 295 and
Organisational safety strategies … strives to ensure every Victoria and initiatives police employee is personally committed to the health and safety of This section examines Victoria Police’s themselves, their fellow employees and 296 prioritisation of workplace safety and how the community in which they service. sexual harassment, predatory behaviour and The Review is aware the Victoria Police intranet sex discrimination align with these initiatives and contains Zero Harm guidance sheets for strategies. employees and resources for managers. Most of our meetings start with safety Victoria Police Command and Executive now. We put safety front and centre. Command employees reflected generally As part of the discussion on safety, we positive assessments of the Zero Harm Strategy need to consider more sophisticated to the Review. approaches to safety and remind staff about it (executive interviewee). Zero harm – the idea is not achievable. But it was deliberately done for that Of relevance to this Review is Victoria Police’s purpose because we needed a mindset commitment to effective police service delivery, shift. Predatory behaviour is the same as stated in the Victoria Police Corporate Plan … I understand it’s a hazardous 2015–18 – Year 1. Some of Victoria Police’s occupation however we should have priority projects include Family Violence zero tolerance to people getting hurt Reforms and Frontline Practice Reform – (executive interviewee). which will “implement a cultural change program involving police members changing The focus on physical safety was a concern to some participants, with some employees telling the Review:
The Zero Harm strategy has the right 290 Victor E Sojo, Robert E Wood and Anna E Genat, ‘Harmful workplace experiences and women’s occupational well-being: A messages, but policing involves putting meta-analysis’ (2015) Psychology of Women Quarterly
Chapter 11: Workplace safety and welfare 259 safety – the safety focus needs to be The Review heard a generally positive response integrated into business processes to this policy, although a number of participants – it needs to be in the DNA of the raised concerns about the different approaches organisation (executive interviewee). to supporting internal victims compared with those in the community. Despite the emphasis on physical safety, the impact of workplace harms are being A victim of sexual crimes in the recognised as a fundamental part of the community will trigger a specialist initiative. response. However, if a police member is the victim, an internal investigation I’d like to term it as anxiety and kicks in because ‘that’s just the way it is depression rather than cost and time done’ (site visit). lost. We always put it in the context of dollars and lost time rather than the The Chief Commissioner told the Review: individuals and the harm we’ve caused to them. At the moment, the Zero Harm … It looks at how we deal with external strategy doesn’t do that but we want to victims. Our internal victims are still move towards how we measure it in the treated differently. How can we shape best way that our people getting hurt the narrative? We are leading the way is not about lost time and WorkCover in community victim centric policing. costs. It’s the individual who gets We are a team; we support each harmed. That is the beacon for other, respect each other and work why we need to change things well together. We do this well in the (executive interviewee). community and then we go back to the station and these things happen. Further discussion on the need to measure If a woman member is harmed at a impact and harm can be found in Chapter 6. demonstration, she will be protected and supported by her colleagues. Victim-Centric Service Delivery Strategic But if something happens back in Approach the locker room, the treatment she Released in 2015, the Future Directions receives seems to be different (Chief for Victim-Centric Policing sets a vision to Commissioner of Victoria Police). reduce victimisation, improve service delivery In conversations with employees, there was and capability in preventing crime, and be a general sense that in the community, good responsive to the diverse needs of victims in progress is being made on victim centric 297 the community. The Approach prioritises models and support. However, it was noted that victim support which includes an opportunity for this work seems to have an external rather than the victim to be heard, be provided adequate internal focus. One employee told the Review and timely information and referrals to support that there have been changes with the way 298 services. Importantly, the policy recognises Victoria Police manage civilian sexual assaults. procedural justice as essential to the victim However, Victoria Police doesn’t have the same experience. process with assaults against police members Often they will place greater (site visit). importance on being treated fairly The Review commonly heard that Victoria above effective action being taken by Police employees, particularly police members, police in relation to their matter.299 do not identify as ‘targets’ or ‘victims’ of sex discrimination and sexual harassment in the workplace. This means the safety response to 297 Victoria Police, Future Directions for Victim-Centric Policing (2015); Victoria Police, Victoria Police Corporate Plan 2015–18 – Year 1 community ‘victims’ can be vastly different to (2015). the safety response to employee ‘victims’. 298 Department of Justice and Regulation (2015) cited in Victoria Police, Future Directions for Victim-Centric Policing (2015) 5. 299 Victoria Police, Future Directions for Victim-Centric Policing (2015) 5.
260 Independent Review Police are expected to be resilient, calm and Other key initiatives decisive no matter what the situation … The Victoria Police Blue Paper: A Vision (The Police Association Victoria). for Victoria Police in 2025 articulated the organisation’s strategic goals and directions to better match resourcing with demand, to Employee Mental Health Strategy improve capability and collaborate more closely On the mental health side – there has through partnerships. been some work done on PTSD – the Importantly, the Blue Paper emphasised the way it manifests for people at mid-end shift towards proactive policing and a greater of their careers. The issue of conflict focus on victimisation and the impact of crime. is a big contributor to those mental It recognises the importance of occupational health issues. I think of those three health and safety, focusing on operational safety, things, physical and mental health lost time injury frequency rate and removing the and workplace conflict under safety stigma of reporting psychological injury.301 – are the elements of a safe work Safe T Net is a new online, early intervention environment (executive interviewee). support system that aims to track the cumulative The Victoria Police Corporate Plan 2015–18 – impact of mental health and wellbeing. It allows Year 1 has committed to develop an employee employees to allocate an impact rank of 1 to mental health strategy.300 5 for different critical events and encourages The Review commends this significant conversations between employees and commitment. managers. It is currently available in several stations and has allowed some stations to track In aligning the intent, accountabilities and the impact of certain stressors in the workplace. implementation of efforts to develop effective The Review has not been able to evaluate change initiatives set out in Recommendation 3, Safe T Net and its role in monitoring Victoria Police should: compounding trauma and high frequency, low • consider contemporary concepts level harm within the timeframes of the Review: of resilience (see Chapter 2) being Any initiative should ensure that the on-going incorporated into the forthcoming Mental focus on safe workplace environments is not Health Strategy, including the need to focus replaced or relegated to a position of less on prevention as well as early intervention importance by a focus on incident-based • review current education material for recruits measures. and managers within People Development Command and Human Resources to There is definitely more work that can contemporise the notion of resilience and be done to make it clear that it’s not just help seeking behaviour about the aftermath of critical incidents – this stuff compounds. Monitoring your • consider incorporating recognition of the mental health is really crucial. One of negative impact on mental health arising the critical things about Post Traumatic from sex discrimination, sexual harassment Stress Disorder (PTSD) is that it is and other forms of gender-based hostility in incremental, it’s not just one critical the workplace into the forthcoming Employee incident (male interviewee). Mental Health Strategy. The Review anticipates that non-reporting is The organisational levers to address the issue of also an issue for a range of employee mental mental health and the impact of workplace harm health issues, and is compounded by widely are common. All strategies and approaches held notions of resilience. Tracking and seek to inform what employees know, how they recording of work-related ‘incident’ tools are use their knowledge and define the professional important, but are not enough on their own to behaviours required of Victoria Police. address workplace safety and wellbeing.
300 Victoria Police, Victoria Police Corporate Plan 2015–18 – Year 1 301 Victoria Police, Blue Paper: A vision for Victoria Police in 2025 (2015) 21. (2014) 26–7, 45.
Chapter 11: Workplace safety and welfare 261 PRIORITISING SAFETY – PROJECT BEACON
During the 1990s, a series of police shootings underlined the need for cultural change around the use of firearms. One senior male police member recalled:
Everyone had to go through a five-day operational safety training (OSTT). It changed how everyone thought about critical incidents. People started to think about how we deal with the aftermath. I think that is when the culture started to change a bit (male interviewee).
One senior police member explained why this safety reform was so successful, and how the lessons can be used for other safety reforms.
It was driven from the top. The Chief was focused on it. There was a dedicated project team headed by an Assistant Commissioner. The communications were good. It involved the whole organisation. It was textbook in terms of a change piece. You need to maintain the focus and build it in or it will slide (executive interviewee).
Are sex discrimination and sexual driven by the Chief’s Office (executive interviewee). harassment part of the ‘safety’ These behaviours must be viewed within agenda? the safety paradigm. While the drivers of sex discrimination, sexual harassment and Workplace safety initiatives have been slow to predatory behaviour differ from the drivers recognise experiences of sex discrimination of other safety concerns such as operational and sexual harassment in a strategic way. In safety and mental harm, the outcome is the the past, safety initiatives have largely been same: an unsafe workplace. concerned with physical harm or ‘workplace conflict’. A shift in focus onto workplace harm No one should have to work or associate and impact will be important in Victoria Police’s with someone who is harassing them. approach to prevent and respond to the harmful We all have the right to a career and to impacts of everyday discrimination and gender be safe (female interviewee). harassment. As discussed, sex discrimination and sexual During a site visit, the Review team heard that harassment, can be extremely harmful, not only sexual harassment still has a stigma attached to as a result of the actual experience, but also it: “It’s not thought of as a safety issue. It’s only because they contribute to a situation where considered as part of discipline or as a crime, victims cannot trust their colleagues to keep not as a threat to staff safety”. them safe. The Review found there is general support This section sets out principles to create a safe for the Zero Harm initiative and other safety workplace for all employees, including: strategies to act as a vehicle for the safety • ensure employees know and trust concerns arising out of experiences of sexual management will be supportive harassment, predatory behaviour and sex • drive a focus on equality and respect discrimination. • support positive workplace initiatives [It needs to sit] … with our safety • ensure safety is everyone’s responsibility work. It’s part of creating a safe • establish a safe and supportive workplace workplace. Safety must include mental health, physical injury and workplace • normalise safety and help-seeking behaviour. You need a safe workplace, • ensure targets are safe. with managers focused on safety and
262 Independent Review Experience shows that there are certain environments in which inappropriate behaviours are more prevalent than others.302 In a workshop convened by Taskforce Salus, participants were asked to consider the environmental factors that allowed sexually inappropriate behaviours to thrive. They produced the following list:
• Lack of strong genuine visible ethical • Poor workplace culture exists from leadership management down • Lack of progressive leadership • Cultural fear of speaking up • Ignorance of managers/leadership group • Bystanders are unwilling or unable to act – Not acknowledging problems/Denial for • Poor attitudes towards family fear of being seen as ineffective responsibilities (maternity leave/part-time • Lack of effective management and policing, etc.) supervision • Lack of visible consequences for poor • Lack of experienced supervisors/ behaviour managers. Under-skilled or under- • Lack of adherence to or knowledge of supported managers relevant policies • Standards are not properly set • Reward and recognition focuses on and modelled, are too low or are results irrespective of behaviour inappropriate • Blame culture rather than incentivising • People are not held accountable for culture breaches of standards. There is a lack of • A culture of familiarity – inappropriate early intervention regarding behaviours socialising • The workplace is isolated and managed • Poor information sharing processes remotely with irregular face to face between managers/workplaces contact • Workplaces with low morale • Gender imbalance at management/ supervision levels • Priorities focused on results rather than people. • Male dominated workplaces/low numbers of female staff (Taskforce Salus, September 2015) • General disregard for the value of women in the workforce
Ensure employees know and trust able to provide better and safer responses management will be supportive to women experiencing harm.303 To create a supportive workplace, management must be Strong, ethical and visible leadership is supportive, and employees must be able to trust fundamental to ensuring a safe and supportive management will support them. workplace. This means modelling best practice values, attitudes and behaviours, and holding [My workplace is great] There are even the workplace to these standards. numbers of males and females. … Research shows that when people understand I can speak freely and they are positive. the impact of sexism and attitudes around I know I am adding value. They are men’s violence against women, they are also invested in my professional development (female interviewee).
302 Studies have shown that sexual harassment is more prevalent in 303 VicHealth, Australians’ attitudes to violence against women. organizations characterised by larger power differentials between Findings from the 2013 National Community Attitudes towards organizational levels and in male-dominated occupations and work Violence Against Women Survey (NCAS) (2014). contexts, than in balanced or female-dominated workplaces. R Illies et al, ‘Reported incidence rates of work-related sexual harassment in the US: using meta-analysis to explain reported rate disparities’ (2003) 56 Personnel Psychology 607. M McCabe and L Hardman, ‘Attitudes and perceptions of workers to sexual harassment’ (2005) 145 Journal of Social Psychology 719. Chapter 11: Workplace safety and welfare 263 The role of managers in setting standards on Women are good for business in terms respect is visited in more detail in Chapter 10. of how they problem solve. It’s about The role of bystanders is considered in more bringing balance to a team detail below and in Chapter 12. (female interviewee). Driving a focus on equality and respect The drivers of sex discrimination and sexual harassment in Victoria Police are gender Research shows that increased gender diversity inequality and attitudes that reflect unequal protects women against sexism and sexual gender roles and stereotypes. While these harassment in the workplace.304 Participants attitudes are similar to those held in the reflected on the strengths of having more broader community, they are compounded women in their workplaces. and amplified by strongly held norms about … I had felt more relaxed in the unit the personal attributes of police, the nature regardless that I had always enjoyed the of police work and the life-long career that company of the men that I worked with policing is for many police. Aside from gender- and loved the work that we undertook. based hostility in the workplace driving I had always felt very comfortable there reporting of sex discrimination and sexual but somehow having a female colleague harassment further underground, the Review around made me feel less alone I think, has generated significant evidence of women like I was not ‘the’ woman (female experiencing hostility when issues of gender interviewee). equality are raised. This includes employees being disparaged by their colleagues and their There are other females there. I am able managers for ‘playing the gender card’, using to speak to them. I have respect. I have their gender or sexuality to their advantage or support of the inspector. I know my told it’s ‘because you have a vagina’. rights … It is a nurturing environment. People want to help. They want people The Review has made recommendations in to be empowered. You need females in Chapter 6 on a whole-of-organisation vision the workplace (female interviewee). and Gender and Diversity Strategy, to be underpinned by Command-based equity and … there was a day when I was working diversity work plans that report progress to alone in an upstairs office, when Executive Command annually. The quality and another female police officer arrived progress of these work plans will be considered uninvited at the door. I had never met in performance and leadership assessments. the woman before but she just stood It is essential that the organisation engages with standing there looking at me until I women at all levels to develop these strategies noticed her and looked up. She just and is informed by the expertise of women in started talking, speaking with me about the organisation. It is also important that the the unit where she worked and the men organisation engages men in a positive way. she worked with … She said she was Ongoing expectations of managers will be to the only woman at her unit and that it ensure that women in their workplaces are not was nice to talk with another woman subject to hostility, that they model expected … So we just chatted until she had to values and that there will be no tolerance for return to work. Years later, I would recall gender based hostility. that woman when I myself became the only woman working within an all-male Support positive workplace initiatives workplace (female interviewee). The Review consistently heard and saw a range of workplace initiatives that supported a safe workplace. These included health/ 304 Victor Sojo and Robert Wood ‘Resilience: Women’s fit, functioning safety debriefs, peer support officers, localised and growth at work: Indicators and predictors’ (Briefing note, initiatives, informal mentoring and safety Centre for Ethical Leadership, The University of Melbourne, July 2012)
264 Independent Review There is no single answer to the ‘safety’ question role models. They need role models in workplaces, particularly due to the varied who will show them how to behave and work and work environments at Victoria Police. that it’s ok to treat the women you work However, any initiatives should be underpinned with, with respect. (female interviewee). by prioritising safety and respect. Supporting initiatives that enhance women’s Positive Policewomen’s Program safety in Victoria Police is an important way to create a strong workplace. The Review heard positive reports regarding One manager described his experience a recent local initiative based in the regional mentoring a younger female member who was centre of Bendigo. Referred to as the experiencing challenges in the workplace. Positive Policewomen’s Project (PPP), the initiative aims to promote better treatment We met weekly and diarised … I of employees, particularly women in the asked her what she wanted to do with workforce and to support a positive working her career … I said I’d organise with environment. someone I knew and suggested she do some courses [to get where she While it is based in Bendigo, the program wanted to go] (male interviewee). has representatives (including a male Establishing women’s networks and mentoring ambassador) in six stations throughout was a common suggestion to improve safety the Western Region including Shepparton, and support. Warrnambool and Maryborough.
When I joined … It was tough. One The Review understands the program uses a member … came up to me and said, range of tools to achieve its aims including: “I will work with you and will help you” mentoring; station ambassadors, a ‘stop be (female interviewee). positive’ tool to call out negativity, career pathway workshops; as well as a newsletter … Making that first phone call can and other printed materials. The program be really hard. I was speaking to a also intends to create an award to recognise sergeant in [another area]. She said individual efforts to support women in the it’s the best thing, having more women. workplace. Maybe it’s the retired women who can support us and tell people not to suck it up (female interviewee). The Review is aware that other areas have programs and initiatives that aim to support And you need to have mentors – women and provide collegiality through shared women who are still junior enough to experience. Such programs are often effective relate to trainees … people who are in encouraging the sharing of expertise still in the field and who are still going within regions about culture and safety. The though it but people you can talk to PPP is advocating for an organisational about it and who understand – a better strategy to govern these programs to ensure support network (female interviewee). consistency across the state. We heard the Some women, however, rejected the need for PPP has received varying levels of support processes for women, noting that women did and sponsorship from senior Victoria Police not need special help or did not want to raise leadership. the visibility of their gender in their workplace. In addition, the Review was told about Many employees also commented on the need workplaces that shared good practice and for positive role modelling for men: learning from their workplace initiatives with other workplaces. This information sharing For these guys, they’re young, they’ve had positive outcomes on workplaces and got a gun on their hip, and a new sense employees. of power, mix that with inappropriate
Chapter 11: Workplace safety and welfare 265 The Review considers evidence-based Participants often cited the positive shift to programs that empower employees and calling out other issues such as corruption promote positive attitudes towards women or safety matters but also noted the disparity should be supported by Victoria Police. between this and calling out sexual harassment.
Ensure safety is everyone’s responsibility Also focus around bystander initiatives – people understand this about OHS Numbers go some way to build and family violence – we can and workplaces that are safe and respectful should be able to target it in the area of women – but it is also about what of sex discrimination and sexual we value, and whether we feel backed harassment at work. In VicPol, we are by our managers and leadership to call starting to shift on things like reporting bad behaviour out – whether its jokes on OHS – the message is changing – or comments about women, or more it’s not about dobbing in a colleague serious behaviour.305 – we need to bring those cultural gains Workplace safety is everyone’s responsibility. into this space (executive interviewee). Improving the ability of employees to intervene Bystanders can be empowered to identify and ‘call out’ inappropriate behaviours is inappropriate behaviours, understand the essential if all employees are to feel safe in their impact and harm, safely intervene and support workplace. the target or victim. The Review heard some positive examples of intervention, including: No member of Victoria Police should be a bystander to misconduct – of any kind, I’ve noticed now when I say “Guys, and at any rank.306 that’s someone we work with, have a Victoria Police has shown leadership on bit of respect” the sexual banter stops bystander intervention, including relying on while I’m around. The more people who community members who witness and report we can get thinking and acting this crime, Crime Stoppers and the recent Report way, the less common the sexualisation Racism initiative.307 In addition, the Blue Paper of female colleagues, will be (female states the importance of bystander intervention interviewee). within Victoria Police. Bystander reporting and responses are examined in detail in Chapter 12. What is most important, however, is for Victoria Police to change a culture that Establish a safe and supportive workplace has made officers, and especially more junior officers, reluctant to challenge None of us should have to put up bad behaviour by their peers, even of a with this, and at Victoria Police, the relatively minor kind (such as comments organisation is looking for ways to take that vilify or disparage another person, or responsibility for women’s safety and other disrespectful behaviour).308 respect in the workplace.309 The focus on workplace safety should be on creating an environment where everyone is
305 Commissioner Kate Jenkins, ‘Plenary: Shaping the future: Now it’s respected and valued. However, employees up to you’ (Speech delivered at the Australasian Council of Women must also be empowered to intervene early if and Policing Conference, Sydney, 3 September 2015). there is risk of, or actual, harm. 306 Victoria Police, Blue Paper: A vision for Victoria Police in 2025 (2014) 41. The consequences for inaction are severe. 307 Launched by the Victoria Equal Opportunity and Human Rights Commission in partnership with Victoria Police and the Victorian Aboriginal Legal Service, Report Racism is a third-party reporting Female members leave the station mechanism for the Aboriginal community. Reports of race and the force. Some are suicidal or discrimination are accepted from victims, witnesses and community organisation reporting places. People can choose to report anonymously or make the report to a reporting place. 309 Commissioner Kate Jenkins, ‘Plenary: Shaping the future: Now it’s 308 Victoria Police, Blue Paper: A vision for Victoria Police in 2025 up to you’ (Speech delivered at the Australasian Council of Women (2014) 41. and Policing Conference, Sydney, 3 September 2015).
266 Independent Review depressed. Managers only see mental It is clear that workplaces provide the enabling health issues at the pointy end rather environment for such behaviour to occur and than developing solutions at the start thrive. (female interviewee). While it is important that employees who Creating a safe workplace requires everyone in are engaging in harmful conduct should be the workplace to understand the drivers of sex stopped, there is a need to invest energy discrimination and sexual harassment. People and resources in prevention efforts, which must also be aware of the meaning of sexual requires creating workplaces that enforce high harassment and sex discrimination, its impact, standards of behaviour, and promote respectful and the consequences for perpetrating these treatment of women and a culture of safety. behaviours. A senior public servant commented:
The Review evidence suggests that there is It is misleading to think you can identify an inconsistent understanding across the a monster – [they] are normal people organisation of these behaviours. There also with normal lives. It is not as if there is a appears to be an unhelpful emphasis on neon sign … profiling ‘predators’ and developing workplace indicators to identify ‘predators’, rather than … There is no simple answer to how creating safe workplaces. we prevent predatory behaviour – you can’t test for it per se. You may pick They will be aware of predatory up attitudes or patterns of behaviour behaviour if it’s clear cut, but they that are problematic, for example, wouldn’t identify everyday sexist attitudes towards women … To identify behaviour as potential harassment as who potential predators may be in the it’s a normalised part of our culture … workplace is almost impossible –which (female interviewee). means our best avenue for identification Many participants spoke at length about this and management are about: issue: • setting up environments where it is There’s been a couple of people I less likely to happen worked with over the years who were • having good managers with good repeat offenders. I had no visibility of skills, development and on-going it at all. I was surprised when reports training … came to my attention … how can you stereotype an offender? They don’t • good supervision walk around in horn rimmed glasses with ‘offender’ written across their chest • clear and effective organisational (male interviewee). practices
The workplace may be at risk and the • a healthy culture that encourages member may be at risk … where there reporting and help seeking is a high level of complaints against • a culture and organisation that is the member, a lot of ‘assault police’ responsive to these issues charges, workplace injuries, there are indicators of risk to self and the • processes that help people achieve organisation around behaviour. Yes resolution rather than processes you can identify some but you don’t laden with inefficiencies, excessive know if there’s a correlation between timelines, bureaucracy, and that are that and predatory behaviour. We put applied inequitably, and therefore interventions in place for example cause unnecessary distress about how to handle critical incidents and harm to people (female … are there data indicators? interviewee). (executive interviewee).
Chapter 11: Workplace safety and welfare 267 As discussed in Chapter 12, the Review found Some sergeants value that role more there is inconsistent practice and confidence in than others. Senior sergeants are undertaking workplace intervention when issues supposed to support sergeants have been suspected or informally raised, but to do that role. There needs to be no formal report has been made. mandatory welfare training as part of the sergeants’ training Often when a formal complaint is made (female interviewee). about a member you will hear their colleagues saying things like they are The Review also heard several positive reports “not surprised, that it was just a matter about proactive managers who inquire into and of time, that they have always been regularly monitor employee health, safety and a bit creepy or sleazy”, etc (female welfare. These practices facilitate police valuing interviewee). and supporting each other: When I first started in the job and Normalise safety and help-seeking attended my first job with a body, they Employers have a legal obligation to ensure the set me up in a black humour kind of health, safety and welfare of employees at work. way, it was so awful. It was a really bad As well as maintaining a working environment one. … When we got back to the station, that is safe and without risks to health,310 the senior sergeant followed me outside, managers and supervisors must ensure that and asked if I wanted to have a chat. their employees have access to immediate and He had my welfare at heart – that makes ongoing welfare and support where required. a huge difference to people. That body A good management team should also show was bad, and he put me onto Welfare genuine empathy, active listening and have and I think that was great (female an appreciation of harm from inappropriate interviewee). workplace behaviours. In our training, we do ask managers The Review heard about managers who are to ask how their staff are going or reluctant to or fail to consider the health, safety is there anything impacting on their and welfare of their staff: performance. A lot of people will I was promoted to [another station] … answer this question if they are asked. but when I got there, I don’t think I was However the onus is on the member meeting standards, maybe because of to disclose. If anything is disclosed what happened. But no one sat down managers will then implement welfare with me to find out or help out strategies (female interviewee). (female interviewee). We have a weekly sergeants’ meeting, Some managers feel funny about and one of the standing items is how talking about welfare issues – their everyone is travelling. It’s not unusual concerns are about privacy issues, to adjust the workload for that member, legislation, so no one wants to ask or put someone with them. There is (female interviewee). no written structure that says if ‘a’ happens then ‘b’ happens. … As a Some participants told the Review that management group, we are quite vocal managers and supervisors need additional about if members are having problems, support and training to support the health, we will step in and take action (male safety and welfare of employees: interviewee). As a sergeant, I also play a welfare role at the station but this isn’t supported. Sergeants have a role in welfare but its ad hoc, untrained and not supported.
310 Occupational Health and Safety Act 2004 (Vic) s 21.
268 Independent Review The Review also heard that some workplaces However, the Review also heard situations had a reputation for “doing welfare well”. where the victim’s safety was compromised. Employees working in workplaces said to be Participants frequently commented on cases safe and supportive often noted that “the where the victim was moved to a different bosses here are good”, “the bosses look after location away from the perpetrator or was us” and “the bosses get it”. placed in uncomfortable and unsafe situations. He was supposed to be moved … but he refused to go so he stayed and I Ensure targets are safe had to pass him in the corridors all the Where the target or victim has reported, is time. He would say “hi” to me when I considering reporting, or the workplace is aware walked past (female interviewee). they are or have experienced inappropriate behaviours, the first response must be meeting the target/victims immediate safety needs. This I know a woman who was sexually can include accessing support, ensuring they harassed. She [told management] feel supported and ensuring there is no risk of and was guaranteed the behaviours ongoing inappropriate behaviour in, or outside, would stop. They didn’t. She was the workplace. moved work locations but was still in As an employer, Victoria Police has a contact with the harassers. So I guess, responsibility to ensure that an employee is she was still being sexually harassed, not punished or threatened with punishment but on a part-time basis (FEMALE because of making a complaint that they INTERVIEWEE). have been discriminated against or sexually harassed. Subjecting a person or threatening This meeting was not the best. The very to subject a person to any detriment because first option given to me was that I get a they have made a complaint of discrimination transfer, this was the only option really or sexual harassment is victimisation, which is presented throughout the process. This unlawful under the Equal Opportunity Act.311 is typical … The victims are moved on Throughout the Review consultations, we and the offenders are left to manipulate heard many examples of sound bystander the workplace and create festering practices, many which involved the victim/ issues (female interviewee). target themselves or a colleague or bystander The Review heard managers are hesitant ensuring their safety and minimising the impact to make enquiries about the victim’s safety of the experience. because they don’t see it as being part of their The final straw came when I was role (see Chapter 10). The Review heard several scheduled for a night shift, and he cases where management made decisions changed himself onto my shift at the about the victim’s capability, often to their last minute. Another male colleague detriment, because they were unaware of the came to me and told me. I went shaky. threats to the victim’s personal safety and their This colleague had changed himself to lack of support networks. The Review was told cover me so I didn’t have to work with this often had consequences on the victim’s the perpetrator (female interviewee). work performance.
Another male colleague, asked me if I Part of making the target or victim feel safe, was okay and told me that I should not may also mean making appropriate support have to put up with this, especially at referrals. work (female interviewee).
311 Equal Opportunity Act 2010 (Vic) s 103. The Equal Opportunity Act imposes a duty on Victoria Police to take reasonable and proportionate measures to eliminate victimisation as far as possible (s 15). See further Chapter 1.
Chapter 11: Workplace safety and welfare 269 Categorising workplace harm as and an over-emphasis on supporting the workplace conflict alleged harasser or perpetrator. In one site visit, the Review team observed that the fallout and secondary trauma created by the If you have people coming to you offender was palpable, including among local to make complaints or representing leadership. lower ranks, you can’t be allowed to sweep it under carpet. Sometimes it At another worksite, limited communication is swept under the carpet by saying about the process or outcomes of a major things like, it is ‘interpersonal conflict’ investigation into sexual harm had resulted in or it’s ‘just whingeing’ because they the spread of misinformation about extremely can’t deal with change, but those serious behaviour that had caused a popular members are still out there doing senior employee’s departure. In that worksite, their job, and they need help the popular member had retained the support of his former colleagues, as a ‘good bloke’ and (FEMALE INTERVIEWEE). employees often referred to a lack of trust in the overzealousness of management in pursuing The Review heard that sexual harassment, sex the male employee for perceived ‘minor’ or discrimination and predatory behaviour are ‘harmless’ interactions. In a similar situation, one often identified as ‘workplace conflict’ which survey participant remarked: can result in unsafe or inappropriate responses. Studies suggest that complaints of sexual … the support given to the alleged harassment are frequently recast by managers offender (when he was clearly in as personality clashes or interpersonal the wrong) was far greater than that difficulties, eroding employee trust in grievance given to the victim. There were letters procedures.312 Conflating workplace harm with of support, references and all sorts conflict can exacerbate the negative impacts of support when he had clearly of the behaviours and can contribute to victim- demonstrated predatory behaviour blaming attitudes. It also distracts from the … Did these people who gave their underlying drivers of the behaviours. reference and support clearly know what he was accused of doing? … Categorising workplace harm as conflict also (male survey respondent). means that managers can fail to respond to and manage sex discrimination and sexual The Review has made recommendations in harassment in an appropriate, safe and Chapter 13 relating to a workplace harm unit supportive way. and an HR business partnering model to support and assist managers and supervisors These issues are discussed in more detail in to undertake safe and healthy workplace Chapter 10. interventions as necessary.
Thinking about all employees when the workplace experiences harm PART TWO: Welfare and support Prioritising the target’s safety should be the There are good support networks in priority in every instance. However, in most Victoria Police and TPA. More broadly, cases where there has been an experience of I’m not sure whether we fully appreciate harm, the Review heard of gaps in support for the link between the job and stress colleagues and the broader workplace, a lack (executive interviewee). of transparency about processes or outcomes Victoria Police employees have access to a number of internal and external welfare and support options, including: 312 Lauren B Edelman, Howard S Erlanger and John Lande, ‘Internal dispute resolution: The transformation of civil rights in the • Welfare Services workplace’ (1993) 27(3) Law & Society Review 497. G Vijayasiri, ‘Reporting sexual harassment: The importance of organizational culture and trust’ (2008) 25(1) Gender Issues 43.
270 Independent Review • Internal Witness Support (to support internal It’s perceived by some employees as complainants) a bit of a band aid service because • Police Psychology [there is] a lack of resources. We need more champions for welfare (male • Peer Support interviewee). • Chaplaincy (including around 70 volunteer chaplains) In addition, Welfare Services employees are not necessarily employed for specialist skills in • The Employee Assistance Program providing welfare services to employees: • The Police Association These supports are discussed in detail below. Welfare Services is not a counselling or psychology service however we Welfare Services, including Internal do perform these roles informally. We Witness Support are the conduit to these professional services. We support and encourage Welfare Services provides an information, employees to engage with the support and referral service for all Victoria specialists. We listen and then case Police employees. As explained in Victoria manage to ensure an employee’s Police’s brochure on Employee Support support is co-ordinated and that they Services, Welfare Services provides assistance are linked to the most appropriate for work-related and personal matters, services. We get people in a lot including: of different states and our sworn • referrals to Police Psychology, Chaplaincy, background makes it easier to engage Peer Support and Injury management with employees as we have shared • employees on long-term sick leave likeminded experiences and have a natural empathy … (interviewee, • employees requiring hospital or home visits gender not specified). • families in the event of an employee’s death or serious injury The Review heard that in some cases, employees struggle with the formality of • submission of Provident Fund applications Welfare Services .However, many employees • employees who are involved in the discipline spoke highly of the support they were able to process receive from other sworn employees in Welfare • accommodation services, who ‘understood’ the nature of the • critical incident support. work and the pressures of the job for the sworn workforce, in particular. Welfare services provide a broad range of supports for Victoria Police beyond the terms If you ring Welfare Services, it’s a big of reference for this Review. The commentary step and it’s quite formal. Some people in this section pertains to people who have appreciate this. Others, like myself, experienced sexual harassment or other like dealing with people they know workplace harm. The Review acknowledges (female interviewee). that many police employees have been well supported by Welfare Services for a range of Internal Witness Support matters. Internal Witness Support provides support to However, during the course of the Review, the all Victoria Police complainants. It works on a Review heard that a lack of resources has victim-empowerment model with a focus on an impact on the way that Welfare Services building rapport with employees: supports employees: In the IWSU role being able to engage with a client and build rapport quickly is essential … There is also no doubt that meeting with a client face to face at the earliest opportunity ensures a much
Chapter 11: Workplace safety and welfare 271 better quality of support throughout … every employee who is a victim what can often be a very long process or potential witness in relation to from start to finish (female interviewee). criminality or misconduct by another VicPol member at least deserves a Part of its role is to liaise with local management contact from us about our role and about victimisation, act as an advocate for the offer of support. It doesn’t matter victims, and provide referrals to appropriate what they have been involved in – it clinical supports. Internal Witness Support can be very stressful – the earlier the can also speak to employees to reassure them contact and support, the better (female about the support available to report. interviewee). Internal Witness Support uses the term ‘witness’ At several site visits, the Review heard about the to describe victim/targets of workplace high regard employees have for Internal Witness harm because the person will have provided Support. One employee told the Review, evidence or will be a witness in a brief. However, “Internal Witness Support of the victim was first the Review considers that the use of the word class” (site visit). ‘witness’ has the potential to undermine the impact of workplace harm on victim/targets. They [Internal Witness Support] were It appears that Internal Witness Support has to there for us, they kept us up to date ... some extent filled the gap around support for I wouldn’t have had a clue about the targets and victims not catered for by Welfare process otherwise. I think it was easier Services. This ‘gap’ appears to be a by-product to do because I was well supported of out-dated organisational structure that was (female interviewee). designed to support a largely male workforce Case management and support can help at a time when there was less focus on prevent escalating harm for a victim: compounding harm and trauma. Providing welfare support to victims/ With a broader systems focus on supporting witnesses is essential and may in some external victims, the Internal Witness Support cases prevent or minimise impact to Unit appears to be a limited effort to ensure members’ physical and psychological internal victim/targets are able to access the wellbeing. Having ongoing welfare same supports as external victims of crime support via meetings, phone and email under the Victims’ Charter Act 2006 (Vic). contact through the entire process is This includes the right to: preferable and having a dedicated welfare officer also goes a long way • be treated with courtesy, respect and dignity to ensuring support is consistent • have your sex or gender identity taken into and valuable – it also goes some account way to minimising the view that the • be provided with clear, timely and consistent organisation is just ticking the welfare information about relevant support services, box’ (female interviewee). possible entitlements and legal assistance The Review heard that Internal Witness Support and if appropriate, referred to relevant also assisted managers to manage complaints, support service by providing support to targets and victims: • be informed, at reasonable intervals, about the progress of their case from report to … After interview/statement I would outcome discuss with the witness the support • the right to privacy, among others313 offered by [Internal Witness Support] and hand them a pamphlet setting out These are essential factors in supporting the services offered by the unit … I employee wellbeing in what are often drawn out would say that I am here for you but I disciplinary and criminal proceedings. would put them onto [Internal Witness Support] if possible. This took the support role off me to some extent 313 Victims’ Charter Act 2006 (Vic) ss 6–11, 14.
272 Independent Review which otherwise would have been a incident get this. It says that you can considerable time burden. [They] do call Peer Support etc. It’s a joke among a great job and have access to all the us … (female interviewee) support networks (male interviewee). The Review has made recommendations about Peer support supporting the role of case management and The Review heard that, as with other areas victim support in Chapter 13. providing support to members, Peer Support Officer roles were established to provide for Resourcing for welfare and support services a ‘gap’ in outreach support provided by the The Review heard that Welfare Services and organisation, as well as with an intention to Internal Witness Support are under-resourced normalise help-seeking. Peer support officers to effectively manage significant workloads. are recruited and trained by Welfare Services. For example, A peer support officer is anybody who Approximately 2000+ staff a year have is willing to take on the role. It is an contact with Welfare Services. This official role and there is training that might be a one off contact or we may goes along with it. Every workplace create an ongoing file to manage our or area will have at least one. It came contact which can last months or even about as part of the change in thinking years. Welfare Services currently has around not having to keep a stiff upper 313 open files. Each staff member has lip – to provide someone who members a case load of approximately 30 to 50 could go to with mental health issues, files (interviewee, gender unknown). family problems, or if you are subjected to sexual harassment, bullying or Participants told the Review that the failure discrimination (male interviewee). to adequately resource welfare and support services impacts on the quality of support Victoria Police’s Peer Support Network was offered: established in 2002 and has over 600 Peer Support Officers. Peer support is available to all The earlier we intervene, the more Victoria Police employees. likely it is that we will have a positive influence. If our initial contact is Peer Support Officers provide confidential delayed, it’s sometimes perceived as support to colleagues who may be experiencing a token effort and not a genuine offer personal and/or work-related issues. The of support. In these circumstances the officers assess their colleague’s needs and employee is less likely to engage and provide options and referrals.314 utilise the support services that are They can assist with work-related problems, available. Improved resourcing would workplace conflict, financial hardship, depression, minimise this issue (male interviewee). anxiety, alcohol issues, gambling, illness and injury, PSC-related issues, suspension, Welfare Services triage calls, so you bereavement and relationship issues.315 often get a call from a receptionist. But when people finally call welfare Victoria Police’s brochure on Peer Support they are often at crisis point explains that Peer Support Officers are: (female interviewee). volunteers who have been carefully The Review heard that as a result of limited chosen after submission of an resourcing, there is also a perception that application, nomination, psychological welfare and support services offer ‘lip service’ testing and interview before completion rather than genuine support: of a five-day training program. The program provides Peer Support Officers When we go to a critical incident we with the skills to listen to the concerns of all get an automatically generated email from [Welfare Services]. All 314 Victoria Police, Peer Support brochure (n.d.). the members who are involved in the 315 Ibid.
Chapter 11: Workplace safety and welfare 273 others, share their experiences and refer As part of implementing Recommendation 15, colleagues to appropriate services. 316 Victoria Police should review the ongoing role of Peer Support Officers in relation to workplace The Review’s survey asked participants who harm. had experienced sexual harassment whether they discussed the harassment with anyone For other matters, Victoria Police should in Victoria Police. The survey revealed that consider: only 2.7 per cent of participants discussed • the role and value of Peer Support Officers, the harassment with Peer Support Officers including in the context of the new workplace (compared to 50.4 per cent who discussed it harm model with a workmate, 18.3 per cent who discussed it with an immediate supervisor, and 13 per cent • the selection process for Peer Support who discussed it with a more senior manager). Officers • the adequacy of training provided to Peer The Review heard that Peer Support Officers Support Officers to support other employees. had mixed levels of understandings about sexual harassment and sexual assault. Some views expressed to the Review team were very Police Psychology concerning, including views that women often Victoria Police’s brochure on Employee Support make false reports of sexual assault, and they Services explains that Police Psychology is a should be taken with ‘a grain of salt’. counselling and support service staffed by Other participants shared their concerns about experienced social workers and psychologists the challenges accessing Peer Support Officers who provide: in regional areas. • a confidential counselling service for employees and their immediate families The procedure for accessing Peer Support is pretty well understood but • a 24 hour on call service for urgent matters in reality in metro regions they are involving employee wellbeing more readily available. They struggle • psychological testing and screening for new in regional Victoria because they might recruits and specialist squads have been promoted and replaced • a consultation service for managers seeking (executive interviewee). advice about employee wellbeing The Review also heard concerns about the • assistance to management regarding policies confidentiality and capability of peer support impacting on employee wellbeing. officers, including that: Police Psychology previously conducted regular They do have peer support. One ‘wellbeing checks’ (an appointment with a time, one of them was standing there psychologist every 6 or 12 months) for people denigrating two members at the station. who did ‘high risk’ work, such as undercover It is a joke. It is not very confidential work or witness protection. The Review heard (female interviewee). mixed reports about the value of mandated wellbeing checks: I feel like management support [peer support]. You put in an expression The stigma might be removed if six or of interest, which is management 12 month visits to psychologists were approved. But I see the individuals who mandated and viewed as a normal part are doing it and cross them off the list of the police support process (male (female interviewee). interviewee). The Review found that there is a need to review People exposed to traumatic work should the role and specialisation of Peer Support have access to professional supervision. Officers in the context of recommendations In my experience, there is a culture in outlined in Chapter 13. Victoria Police that supervisors do welfare checks with staff. The term ‘supervision’ 316 Ibid.
274 Independent Review in the social care sector, however, has a Employee Assistance Program very specific meaning, which many police members would be unaware of, and I The EAP was fabulous. I had think this type of supervision is missing counselling through them for close to in policing, but very necessary given the five years (female interviewee). stresses of the job. Ideally staff would Victoria Police’s Employee Assistance have access to external supervision, but Program (EAP) is available to all Victoria Police given the volume and cost pressures this employees and contractors. All requests for is probably not feasible; perhaps some assistance are made to an intake worker who training in this type of supervision would refers the employee to appropriate support. EAP be helpful (female interviewee). is predominantly delivered by external service providers, although in some circumstances … Some places have used them to police are referred to Police Psychology. absolve themselves or their management responsibilities – they can tick the box Employees receive six free sessions per year, and allocate it to the psychologists … which can be reviewed and extended if a This is about good people management, person needs further ongoing support. This good work unit practices – the clinical entitlement can be extended if necessary. intervention and support should be The Review heard concerns about access to coming after that (female interviewee). support: The Review is aware that Police Psychology is They only allocate six visits to a trialling a ‘trauma group’. It is formed of eight psychologist or psychiatrist. If a party is members who have been exposed to trauma so damaged they are off on WorkCover, in the course of their service who meet for 12 they outsource them to different sessions in the year. psychiatrists, doctors, and psychologists. As with other Welfare functions in Victoria The problem is that you have to go over Police, there was a sense that the role of Police and over your story to prove to them that Psychology had morphed to address system you need assistance (female interviewee). gaps in support. We should get free counselling – as For example, Police Psychology implemented many sessions as we want. I personally Manager Assist which enables managers to believe that health insurance should be seek advice on a variety of issues with staff included in our employment package – (both individual staff and the work unit as a such as they have in Defence (female whole), as well as advice on how to have difficult interviewee). conversations. Chaplaincy The Review also heard concerns about the current structure and location of Police Victoria Police’s chaplaincy unit supports all Psychology: Victoria Police employees and their families with spiritual support after critical incidents … all the health and wellbeing (and and in times of personal stress. The chaplaincy possibly some of the safety units) [should service has over 70 volunteer chaplains across be] co-located, where the services and the State. information are easily accessed and identifiable (female interviewee). The Review heard positive reports about the work of the chaplains: At the time of the Review, Welfare Services, including Police Psychology was being moved The chaplaincy has bought joy to to the central Victoria Police Centre, having been my life! They have been great. [The located offsite previously. Many participants chaplaincy coordinator] is highly raised concerns about the discretion and privacy regarded and he is great with the of seeking services in a high traffic workplace. diversity work (senior manager).
Chapter 11: Workplace safety and welfare 275 The Review did not consider the role of On the whole, the perception within the chaplaincy more broadly. organisation was that the emphasis has been on operational matters and outcomes and that: Accessing welfare and support The welfare of the person is secondary. If you could get them to change so that The Review heard about the historical welfare the welfare of the person is paramount, culture at Victoria Police. Some people told the that would be ideal (male interviewee). Review that things had changed significantly The Review heard that there are significant while others believed it was the same today as it barriers to accessing welfare and support was twenty years ago: services at Victoria Police. These include: We went to a scene, a suicide. There • inadequate resourcing for welfare and was a big mess. There was no support services debriefing, we were driving away and • a disproportionate lack of support for the boss told me to stop at the shops internal targets and victims and he got out and bought us a Mars • inadequate access to welfare and support Bar and said, “I think we deserve this”, services for regional employees and we sat there in silence eating them … We could have a cot death, a rape • inconsistent referrals to internal welfare and and a murder by lunchtime and then support services just go home. If you said, “Oh gee, that • reluctance to refer employees to external was sad,” they’d say, “Do you want welfare and support services to be a social worker or a copper?” • concerns about confidentiality (female interviewee). • the stigma attached to accessing welfare The culture was that you don’t talk and support services about those sorts of things … there • a lack of information about available welfare was an expectation that you were and support services. strong, stiff upper lip, that you should These barriers are discussed in more detail harden up, you should deal with it by below. going to the pub and that was as far as it went. The risk of dealing with It was also clear in the work of the Review that problems with that sort of approach are while there are a range of support services in well known now. Now, it is encouraged Victoria Police, there are ongoing issues with to talk about it in an open environment, role delineation and services that are stretched or if you want to deal with it in a more beyond capability because of the need to ‘fill private way, you can. There is a greater gaps’ created both by the ill fit of historical emphasis on stopping people from models of support to contemporary needs, falling apart in the first place now and by the under-resourcing of complementary (male interviewee). models of support. Many police employees told the Review about Support for targets/victims of the long history of informal support among workplace harm colleagues, often in the absence of formal supports. The Review heard from many We now have good welfare supports participants about a practice of ‘doing a welfare in place to support staff health and check’ to check in on colleagues’ well-being. wellbeing connected to a critical The Review also noted a strong culture of incident. However, Victoria Police hasn’t informal support among colleagues outside the matured enough as an organisation to workplace, often over after work drinks or at provide the same support for internal social events. behaviours (male interviewee). The Review heard that there can be a lack of immediate and ongoing support for targets
276 Independent Review and victims of sexual harassment and sex Participants also told the Review about a lack discrimination: of access to welfare and support services in regional areas: When I was off they didn’t ask how I was – they asked about the I think there should be a dedicated investigation all the time. There is no specialist welfare team as a regional welfare culture. I can think of a small resource. There is no dedicated welfare handful of people in this job who think support in the region, only in the CBD. with a welfare mindset … There is a But it would be easy to partner with view that offering someone welfare local organisations to provide their support is admitting fault (female support (female interviewee). interviewee). In some cases, the Review heard that there can There needs to be more support out be disproportionate support for perpetrators: in the regions. There needs to be There was an instance … where a attachments, trained experts attached member filmed a police woman in to regions to other areas so people the change rooms covertly … When don’t have to make an appointment it was discovered, there was support and come in to get help or fill in a form put around the victim but there was (female interviewee). significant support put around the People might ask how you are, but offender at the local level which was out they don’t follow it up. They look at the of balance … The number of people consequences for themselves who came to the hearing in support (female interviewee). of the member shocked me … People were supporting him because he was a Part of establishing a supportive workplace is ‘nice guy’, a pillar of the church etc … making it clear that help-seeking behaviour is (executive interviewee). part of the job and will be genuinely supported. When a member is suspended or Anything that encourages people to investigated, they get the support and talk about how things impact on their welfare not the victim (male survey mental and physical health can only be respondent). a good thing. I have known two police officers who have committed suicide. I Welfare Services told us that in order to co- worked with both of them over a long ordinate the support of all parties and avoid period of time. The cost of that is any conflict of interest their main focus tends to immeasurable. If they had they been be towards supporting the alleged ‘wrongdoer’ able to talk to someone, it might not whilst support of the victim or target is mean that it wouldn’t have happened, managed by the Internal Witness Support Unit: but it couldn’t have hurt. The causation We make an offer to provide assistance – were they being investigated, were to members and they then choose they being bullied or sexually harassed whether or not to engage … If they fail – just doesn’t matter. If people are to engage with us, we rely on others to encouraged to talk about what’s going help monitor their welfare, they include on with them, we could reduce so much peers, chaplains, managers and friends harm … at the workplace. These people will let … I think there is lot of merit in really us know how the person is travelling, reinforcing to the junior member that without divulging any personal they’re not helpless in the situation. If information. This way we can monitor an you’re experiencing this thing, there are ensure an employee is support until an processes in place that can support investigation is concluded, even if the you (male interviewee). person has failed to engage with our service (interviewee, gender unknown).
Chapter 11: Workplace safety and welfare 277 Recommendations on these issues are • Welfare Services by self-referral, local considered below and in Chapter 13. management, investigators or identified whilst reviewing the incident fact sheet Referrals to welfare and support services system. The Review heard at a number of site visits that Both Welfare Services and Internal Witness police felt that ‘referrals are improving’. There Support refer employees to other support was also a clear sense from many participants services, including Police Psychology and TPA. about the value of referral in ‘reducing the Some workplaces reported having a trauma pressure so that we can stop wearing two hats register which can trigger a referral to Welfare (i.e. to investigate and to monitor welfare)’, Services. while also acknowledging that ‘even if we As part of Recommendation 5, the Review make referrals, we are still responsible for a has recommended the introduction of person’s wellbeing’ (site visit). The Review guidance to managers on how to make a found that Victoria Police does not have a safe and appropriate referral for the target or formal mechanism for referring internal targets victim making an internal report about sexual and victims to welfare and support services harassment, discrimination or victimisation (whether internal or external supports). Rather, (see Chapter 13). referrals to welfare and support services are ad hoc and inconsistent. There is also some This should form part of the suite of guidance reluctance to refer employees to external to managers and supervisors developed as a specialist supports. result of this Review. It is essential that local managers have the External referrals knowledge and commitment to refer employees The Review heard that there can be a to appropriate support services, in consultation reluctance to refer employees to specialist and with the consent of the employee. external supports (such as the Centre against Understanding and communicating the various Sexual Assault), and that there is a stigma options and support available is part of a associated with accessing external support: manager’s duty. Internal referrals You would never admit that you’d got help, especially outside the Victoria Police has an automatic referral organisation (female interviewee). process to Welfare Services for suspended or disciplined members. However, it does not have In addition, many employees raised concerns a similar referral process for targets or victims. about having to access local specialist support services, such as CASAs, when they worked Referral of victim/witnesses for closely with them in their policing work. This was welfare support relies on investigators, raised with the Review on numerous occasions managers, colleagues or the victim/ in relation to regional and rural access to witness themselves knowing the support services. service exists and making that The Review has made recommendation about contact. For suspended members the need for specialist expertise in supporting there is an automatic notification to victim/targets of workplace harm in Chapter 13. Welfare Services but no such process exists for referral to welfare support Information about welfare and support when a member makes a complaint or statement re: conduct of another The Review heard that information about employee (female interviewee). processes relating to welfare and support options, or external services is inconsistent, or The Review heard that targets and victims are not available at all: generally referred to: • Internal Witness Support by Professional Sometimes, even though a victim/witness Standards Command or local management is an employee of Victoria Police and has access to tonnes of information over
278 Independent Review the intranet, it seems that when you are let you have a gun. In some instances, it the one who is the victim/witness the is handled well, in others in a ham-fisted situation is very different – the stress way (The Police Association Victoria). levels are up, the ability to process Separately, Welfare Services data capture information affected and the usual and classification doesn’t capture trends coping skills not as effective … to be or prevalence of equal opportunity issues. able to talk about process, legislation, The data system captures reports of sex protection from victimisation and other discrimination and sexual harassment as support services can often be very ‘relationship issues’. This is symptomatic of helpful (female interviewee). both attitudinal and systems-based obstacles Conversely, some participants considered that to properly identifying sex discrimination and employees are aware of and encouraged to sexual harassment as a safety issue, and a access welfare and support services: lack of clarity in purpose in supporting targets, which may affect the assistance targets are On day one of recruit training, the TPA able to receive. has a session with them. They go to the TPA rather than us sometimes. We The Review heard from participants that Welfare offer them a menu of services they can Services has a monthly report that identifies access – police welfare, chaplaincy, TPA ‘hot spot’ workplaces. It was unclear to the – they can pick one if there is an issue Review the implications of this reporting on (executive interviewee). confidentiality of those seeking support. The Review has made recommendations in Chapter Members are well aware that you 13 about the need to ensure victim/targets own can go to Welfare Services and the their information and be consulted about its use encouragement is there to go to it to allow them to assess whether and how to (male interviewee). share the risks they perceive. The Review considers that in implementing the The Police Association also provides welfare recommendations from this Review it will be support to its members: essential to ensure that clear referral pathways for help-seeking are clear, widely understood The TPA provides substantial welfare and available for all employees. support – more so than in other states. We offer different support to that Confidentiality and privacy provided by Victoria Police because we are not their employer. If you see The Review heard that many employees have Victoria Police Welfare Services, you significant concerns about the confidentiality are seeing your employer and privacy of accessing internal welfare and (The Police Association Victoria). support services: In relation to Police Psychology, one participant … So people will say they’re fine to explained the tension between client [go to] VicPol and then call the Police confidentiality and the obligation to disclose Association as everyone knows your information in limited circumstances: business in VicPol (female interviewee). Confidentiality dictates that [Police I could have accessed assistance Psychology] maintain confidentiality but being in the area I was in, I knew unless there is imminent risk or harm most of those people – including to self or other; where there is a legal injury management people, welfare, obligation to do so; or if the person psychologists, etc, so that made it gives consent. difficult (female interviewee). The issue of confidentiality is one Members’ perception is if you go to that Police Psychology battles with Police Psychology, they will tell your boss. constantly, and it is unfortunate that There have been examples of it going members often receive information that to the read out. The boss is told not to Chapter 11: Workplace safety and welfare 279 is in conflict with good practice. For See Chapter 13 which recommends example, being advised by someone establishing an external confidential from the TPA to not use their services, reporting mechanism. or being coerced to discontinue seeing a psychologist/counsellor through Conflict of interest them because of a flawed belief The Review heard that welfare and support they are ‘less’ confidential than other services appear to face real conflicts of interest psychologists. This has the potential when contacted by employees with opposing to put members at high risk if it means interests. The Review heard that these conflicts they do not reach out for help when can be managed inconsistently, or at best on a they most need it (female interviewee). ‘first come first served’ basis. For example: Throughout the Review, participants noted that it was essential to have an independent and Risk management for us is about confidential way to talk to someone. Participants appropriately weighing up our ethical reflected on the Review as a good example of responsibilities as psychologists, but an independent mechanism for allowing people also managing matters of organisational to seek help confidentially (who otherwise risk, and navigating the two is sometimes wouldn’t) and learning about trends and issues difficult. If we have conflicting roles, we (contained in the public report) that would go back to the ethical code, and make be otherwise unreported. Many participants decisions after undertaking supervision supported the establishment of an independent and case conferencing in order to body and/or a confidential phone line: provide those checks and balances and benchmark that decision-making (female Having someone to talk to without interviewee). being obliged to formally complain is Police Psychology essential (executive interviewee). Someone can be referred within Victoria For me, looking back on it now, had Police for EAP assistance to the police there been the anonymity of a phone psychologist. This is often viewed dimly. conversation (where you didn’t need Reportedly, it is not seen as a smart to give them your name, rank, etc) and thing to do, rather the opposite. It’s a you could just get someone to help you black mark against you. Some will not or just hear you out – that would have reveal that for fear of discrimination and been enormously beneficial … When I denial of employment opportunities look back, there should have been an (external expert). opportunity for me to talk to someone about it then, so that I could put everything Half our members would say into perspective. In truth, the Victoria they would only speak to police Police is a very secret society, for all the psychologists as they understand the wrong reasons (female interviewee). environment, the other half would say no way – which is reinforced by the TPA One good response I’ve heard about is (female interviewee). the possibility of an external process where you are allocated a welfare The Police Association person outside VicPol, so the chatter I was going to speak to the [TPA] as I can’t happen. It’s costly and ad hoc but had a lot of dealings with one of the witnesses won’t come forward in VicPol welfare officers there for another matter because they have no confidence that but I was told that the sergeant had it stays protected. So a form of external already engaged with her so I wasn’t support, like a hotline away from able to because there would be a Victoria Police to report, knowing that conflict of interest (female interviewee). your information is separated (female interviewee).
280 Independent Review The majority of members are in The Stigma and consequences of Police Association but the perception accessing support out there is that they mostly support the Stigma about reporting mental health concerns person who has done the wrong thing are not unique to Victoria Police:317 … People’s general belief is that with the TPA, it is first in best dressed. They I’m not sure whether it is because deny this – I still think that if it is alleged there is actually a stigma [attached to that you have done the wrong thing, seeking help] or because the individual they are there for you, but if you are is concerned there is a stigma a victim or a witness against another (executive interviewee). member, they are conflicted (female interviewee). However, as discussed in Chapter 2, there are a number of compounding factors about the Role delineation and specialisation nature of policing that appear to amplify the stigma. The Review considers that the role and purpose of Welfare Support, including the role of Welfare The Review heard that there is a stigma and, services, Internal Witness Support and Police at times, consequences for contacting and Psychology, in the organisation is a crucial one. accessing welfare and support services: Beyond the role of Internal Witness Support, it I have in the past but I will not go to was unclear to the Review the extent to which Welfare Services provided by the welfare supports provided by Victoria Police department. If I made an appointment has specialist skills in working with people and went there, everyone would know experiencing gender-based harm, including my business. I am a ‘doubting Thomas’ sexual harassment and abuse. with regard to the confidentiality of their practices (female interviewee). The Review has made recommendations about the need to provide specialist case Someone looked at the roster and management and triage in Chapter 13. The asked why I was on leave. He said Review also recommends that the roles of “She is just another nuffy, a nutcase. Welfare Services and Police Psychology be She’s had a mental breakdown and reviewed to ensure their purpose and remit can’t cope”. This got around the office are clarified and to ensure they are properly (female interviewee). resourced and skilled to undertake their core functions. I felt comfortable to talk about my job and situation with one of the counsellors. However, I didn’t mention it to anyone at work as there is a stigma around this (female interviewee). RECOMMENDATION 14 Further discussion about the provision of safety and support to people experiencing workplace harm are considered in Chapters 12 and 13. The roles of Welfare Services, including peer support, and Police Psychology be reviewed to ensure their purpose and remit are clarified and to ensure they are properly aligned, resourced and skilled to provide their core functions.
317 See, for example, Victorian Equal Opportunity and Human Rights Commission, Guideline: Mental illness – Complying with the Equal Opportunity Act 2010 in employment (2014).
Chapter 11: Workplace safety and welfare 281 Chapter 12 First response, disclosure and reporting
Main findings • There is serious and chronic under-reporting of sex discrimination and sexual harassment in Victoria Police. Only 11 per cent of targets • There are significant organisational barriers made a formal complaint or report about to reporting sex discrimination and sexual their experience of sexual harassment in the harassment including a high tolerance for Victoria Police workplace. Men were less harmful workplace behaviours, a strong likely than women to have made a report. reporting stigma, an unsafe reporting environment and a perception that police • Safe reporting environments, supportive employees cannot be victim/targets. attitudes on first report, choice and control, as well as the overt support of • For both men and women, the most common bystanders, are fundamental to giving reason for not reporting sexual harassment victim/targets the confidence to report. is perceived negative consequences for reputation. For women, the next most • Victimisation, ostracism and negative common barrier is negative consequences consequences are frequently for career. For men, the next most common experienced by participants reporting reason is a belief that reporting would not harmful workplace behaviours. make a difference. One in five targets did not report sexual harassment because Introduction they were concerned about negative consequences for the alleged perpetrator. Like other forms of sexual violence, workplace • Harassers use a range of strategies to sexual harassment remains seriously minimise sexual harassment including under-reported in many organisational covering it up, undermining the target’s contexts.317 It has been estimated that personal and professional reputation only between five per cent and 30 per and reinterpreting the event such as cent of targets file formal complaints in claiming the behaviour was ‘a joke’. their workplace or to an external agency • Bystander intervention and reporting can and less than one per cent subsequently be a powerful tool in establishing a safe, participate in legal proceedings.318 equitable workplace. However, the Review Under-reporting is closely associated found bystanders show a strong reluctance with inadequate or ineffective reporting to intervene and report. Many experience and complaint handling mechanisms victimisation, including being ostracised, which magnifies the asymmetrical power when they have overtly intervened. relationships which are often at the core • Victim/targets of sexual harassment most of sexual harassment, especially in highly frequently disclosed the harassment to a workmate, followed by immediate
supervisors and managers more senior 317 Juanita M Firestone and Richard J Harris, ‘Perceptions of than their immediate supervisor. Very effectiveness of responses to sexual harassment in the US military, few victim/targets disclosed to areas 1988 and 1995’ (2003) 10(1) Gender, Work and Organization, 43. 318 Tristin Wayte et al, ‘Psychological issues in civil law’ in James Ogloff that deal with complaints. Men were far (eds), Taking psychology and law into the twenty-first century more likely than women to not discuss the (Springer, 2002); Juanita M Firestone and Richard J Harris, ‘Perceptions of effectiveness of responses to sexual harassment in harassment with anyone in Victoria Police. the US military, 1988 and 1995’ (2003) 10(1) Gender, Work and Organization, 43.
282 Independent Review masculinised work cultures.319 There is clear Victoria Police Manual evidence that effective complaint handling requires that the complainant perceives the process as fair and effective.320 The benefits The Victoria Police Manual requires all of robust and safe reporting mechanisms for employees to treat other employees with the individual and organisation are significant. respect and act in a professional manner which does not offend or adversely affect This chapter examines the disclosure, reporting and first response experiences of victim/ another employee’s work performance, targets and bystanders. It also considers or lead to physical or emotional distress. strategies and principles to ensure a safe, Employees are not to engage in 321 supported and positive reporting experience. inappropriate workplace behaviours.
Policies and procedures The Victoria Police Manual contains various policy rules, procedures and guidelines related to the reporting of sexual Reporting mechanisms harassment and sex discrimination.322 Victoria Police provides several mechanisms for employees to report sex discrimination and The Review notes that in some sections of sexual harassment. Victim/targets may choose the Victoria Police Manual, including the to disclose or report through their colleagues, Sexual Harassment Procedure and Guideline, an immediate supervisor or senior manager. victim safety principles are either absent or Within Victoria Police, victim/targets can also not prioritised. These principles include: disclose to the various support services such as • ensuring the person reporting is safe Welfare Services, Peer Support Officers, and to and feels as safe as possible the Organisational Standards and Behaviours • clarity Branch or Professional Standards Command. • respecting the privacy and confidentiality Reports of sex discrimination and sexual of the reportee and their matter. harassment may also be made to the The Review considers that all relevant Community and Public Sector Union and The policies and procedures should be updated Police Association Victoria. Misconduct can be to include victim safety principles. reported to the Independent Broad-based Anti- corruption Commission. These formal processes and mechanisms are examined in Chapter 13. Responses to sexual harassment
The Review sought to understand how targets, bystanders and harassers respond when they experience, witness or perpetrate sexual harassment and sex discrimination. The first response role of bystanders is particularly critical to the response and experience of targets and harassers. This first response is also a strong indicator of the organisational acceptance for these behaviours and the culture of disclosing and reporting.
319 Paula McDonald, Tina Graham and Brian Martin, ‘Outrage 321 Victoria Police, VPM Procedures and Guidelines – Bullying, management in cases of sexual harassment as revealed in judicial discrimination and harassment (first issued 29/09/14) 2 decisions’ (2010) 34(2) Psychology of Women Quarterly 165; B (paraphrased); Victoria Police, Victoria Police Manual Procedures Ragins and T Scandura, ‘Antecedents and work-related correlates and Guidelines – Sexual harassment (updated 29/09/14) 2 of reported sexual harassment: An empirical investigation of (paraphrased). competing hypotheses’ (1995) 32(7/8) Sex Roles 429. 322 For example, the Victoria Police Manual includes policies about 320 Bernard Walker and Robert Hamilton, ‘Employee-employer bullying, discrimination and harassment, sexual harassment, grievances: A review‘ (2011) 13(1) International Journal of complaints and discipline, workplace conflict, and equal Management Reviews 40. opportunity.
Chapter 12: First response, disclosure and reporting 283 Target response Target coping strategies Survey participants who had experienced Survey participants were asked to identify a sexual harassment were asked how they particular incident or episode of harassment responded to the harassment. The results can that was the most difficult for them and be seen in Figure 30. The most commonly answer a range of questions about it. reported strategies involved minimisation – Survey responses are presented below. laughing it off or forgetting about it (48 per cent) and pretending it didn’t bother them (46 per cent). Both these strategies were used more by female participants than by male participants.
Figure 30: When the harassment happened to you, did you respond in any of the following ways?
51.6% Tried to laugh it off or forget about it 40.5%
49.1% Pretended it didn’t bother me 39.7%
Avoided the person(s) by 47.3% staying away from them 26.2%
48.4% Told someone else about what happened 23.0%
23.8% Told the person the behaviour was not OK 20.6% Women 17.9% Avoided locations where Men the behaviour might occur 10.3%
7.0% Other 10.3%
9.2% Took time off work 4.8%
7.0% Sought a transfer to another role/location 5.6%
5.9% Sought a roster change 1.6%
0.7% Don’t know/unsure 1.6%
284 Independent Review One survey participant remarked: behaviour (42 per cent). The Review heard similar views through confidential interviews: Most of the times I’ve seen, the victim has tried to laugh it off, I did speak to an old squad mate not wanting to cause a scene about the perpetrator to get advice on (female survey respondent). what I could do. She told me that she had heard of someone who had been Substantially more women than men reported assaulted on the van. She encouraged avoiding the person (47 per cent versus me to report quickly before anything 26 per cent respectively) and disclosing escalated (female interviewee). the harassment to someone else (48 per cent versus 23 per cent respectively) I wouldn’t have done anything if I Disclosure of harassment hadn’t have had that conversation with my friend who was working When an individual is sexually harassed, there (female interviewee). others frequently become involved. These individuals include friends and partners, The expectations of participants who as well as co-workers, line managers, HR disclosed harassment to their immediate personnel and union advocates.323 supervisor varied for women and men: Just under one third of participants did • Women were most likely to be seeking the not disclose to anyone. Half the survey harassment to stop (54 per cent), to get participants reported speaking to a workmate, advice on how to handle the behaviour with substantially more women than men (50 per cent) or for the harassment to be doing so (58 per cent versus 35 per cent recorded without formal action (43 per cent). respectively). The next most common person • Men were most likely to expect to disclose to were immediate supervisors disclosure to an immediate supervisor (20 per cent) and managers more senior than to result in the harassment stopping or the immediate supervisor (15 per cent). for the matter to be recorded without formal action (both 38 per cent). A small number of participants spoke with a Peer Support officer (3 per cent) or Welfare Services • Men were slightly more likely than (4 per cent). Less than four per cent of people women to expect emotional support discussed the harassment with areas that have from an immediate supervisor (25 per formal processes to deal with complaints (Human cent versus 22 per cent respectively). Resources and Professional Standards Command). When disclosing to a manager more Men were far more likely than women senior than their immediate supervisor, to not discuss the harassment with participants had a higher expectation that anyone in Victoria Police (45 per cent the harassment would stop (64 per cent) versus 25 per cent respectively). compared to when they disclosed to an immediate supervisor (51 per cent). Expectations of disclosure There were also gender differences in Survey participants who reported disclosing expectations. Men were more likely than women their most difficult incident or episode of to expect that formal action would be taken (50 sexual harassment to someone in Victoria per cent versus 29 per cent respectively). Police were asked what they hoped would Substantially more women than men happen as a result of the disclosure. expected to be safer (34 per cent versus The majority of participants who disclosed to 8 per cent) and to get emotional support a workmate were seeking emotional support (29 per cent versus 8 per cent). (51 per cent) or advice on how to handle the The very low number of survey participants
323 Paula McDonald, Sara Charlesworth and Tina Graham, ‘Action or reporting disclosure to Human Resources inaction: Bystander intervention in workplace sexual harassment’ (Workplace Standards) and Professional (2015) The International Journal of Human Resource Management
Chapter 12: First response, disclosure and reporting 285 Standards Command limit the interpretation of undermine targets’ personal and expectations of disclosure of these individuals. professional reputation in an attempt to decrease their credibility. Harasser response … I know he said derogatory things about Research confirms that harassers use a range me to other staff, because they repeated of strategies to minimise the effect of sexual it to me, but I didn’t work with him directly harassment, such as covering it up, claiming again … (female survey respondent). the behaviours were harmless or a joke, undermining the target and the target’s personal A number of victim/targets the Review and professional reputation, reinterpreting or spoke to were made to feel like the denying events, blaming the harassment on a sexual harassment was their fault: ‘momentary lapse’, and blaming external factors This meeting was really just an attack job such as alcohol or relationship difficulties.324 on my performance, or more specifically, The Review heard about a range of strategies my one error … I felt hounded. The that harassers use to minimise or justify sexual meeting was not a discussion; it harassment. This section describes what the was an attack on me, … that I truly Review heard from targets and bystanders. believe would not have happened if • Covering up their actions the problems with [the harasser] had not occurred (written submission). The Review heard several distressing accounts of sexual harassment which were denied As well as intimidating targets or witnesses, and covered up by alleged harassers: harassers also work to undermine the esteem and confidence of targets, often making them It was interesting and horrifying learning the question their own judgement. This is consistent offender’s version of that night. They made with research showing that harassers over- stuff up to cover themselves of course infer women’s criticism and rejection and – he and a mate had everything worked supports the view that sexual harassment is out – very planned (female interviewee). related to rejection rather than seduction.325 Many victim/targets told the Review that after He told me he didn’t recall any of the they reported they were made to feel like things I was talking about and told me they had ‘big egos’ or were ‘too sensitive.’ that he was sorry I felt that way. … It was very intimidating (female interviewee). Women will always feel like they will be One female police member described a punished for reporting it and be made situation where a male police member sexually to be the bad person by whomever harassed her and then reinterpreted the events is the sexual harasser/predator. You for his colleagues. She told the Review: feel like you are accused of having a big ego if you think a male is making There’s no going back from it – because an advance that he most likely is but that’s what coppers do when they’ve will deny as soon as you say anything. done something wrong – they deny. (female survey respondent) They cover up. So you can’t ever set the record straight (female interviewee). I don’t know how to fix it – the small things are pervasive – comments about • Devaluing targets women being promoted because of Harassers commonly seek to who they have slept with, homophobic comments, patronising comments about 324 Paula McDonald, Tina Graham and Brian Martin, ‘Outrage management in cases of sexual harassment as revealed in judicial females, even comments about gender decisions’ (2010) 34(2) Psychology of Women Quarterly 165; Greg roles in marriages are disparaging Scott and Brian Martin, ‘Tactics against sexual harassment: The role of backfire’ (2006) 7(4) Journal of International Women’s Studies towards equality and women, but 111; Hilary Gettman and Michele Gelfand, ‘When the customer shouldn’t be king: Antecedents and consequences of sexual harassment by clients and customers’ (2007) 92(3) Journal of 325 William Schweinle, Carol Cofer and Sandra Schatz, ‘Men’s empathic Applied Psychology 757; Rebecca Campbell, Emily Dworkin and bias, empathic inaccuracy and sexual harassment’ (2009) 60(1) Sex Giannina Cabral, ‘(2009) 10(3) Trauma, Violence & Abuse, 225. Roles 142.
286 Independent Review commonly accepted. And if anyone … he came up to me and said, “I speaks up or objects, they’re being could get you kicked out of the unit ‘too sensitive’, or don’t have a sense of just like that.” (female interviewee). humour (female survey respondent). These and other strategies used by harassers • Reinterpreting events in response to being challenged, can prevent the naming and identification of sexual Participants often described situations harassment, magnify the impact of sexual where the harasser told the target ‘it was harassment, and encourage under-reporting only a joke’, ‘no offence was meant’, ‘it by both targets and bystanders. Minimisation wasn’t that bad’ or ‘lighten up’. The Review and reinterpretation is also part of the “practice heard from a bystander who intervened and of gendering” in organisations,326 which described the response from the harassers: limits possibilities for effective prevention … a supervisor arranged with another and response to sexual harassment. supervisor to have a brand new trainee constable … presented to him so he could tell her about his role, when this Bystander response was not done for any other trainees, and intervention who normally would not receive any attention from that rank of supervisor. You need to jump on these behaviours [They were confronted] about it. … [They] straight away. The behaviours that you laughed it off as a bit of fun. I don’t walk past are the behaviours that you know if they continued with the conduct accept. It can be a tacit agreement that (survey respondent, gender unknown). it’s ok to act badly (male interviewee). • Using organisational processes to Bystander intervention is an effective way slow down or minimise outcomes to stop sex discrimination and sexual … When I was in the meeting with the harassment and to create an inclusive, so called ‘independent’ inspector and safe and respectful workplace. It can stop the superintendent after I was forced to conduct before disciplinary action is required make a formal complaint, [the inspector] and can also reduce harm to victims due said, ‘how dare I make an unsubstantiated to the implicit support of the bystanders. claim against a [supervisor].’ And “Who The Review has established a strong evidence did I think I was?” … [I was] shocked base on bystander responses and interventions that this happened and I wasn’t able in Victoria Police, including why bystanders to challenge it because my promotion do or do not intervene, how they intervene was on the line … It was implied that my and the consequences of intervention. sexual assault and sexual harassment This section also considers strategies that claim was because I had performance Victoria Police can use to ensure bystanders issues (female interviewee). can confidently and safely intervene. • Intimidating or bribing people involved. The survey found that sexual harassment The Review heard, although less frequently, is most likely to occur in a station or office. about direct threats and/or bribes being This suggests that much of the behaviour made to the target, including: occurred publicly in the presence of bystanders. Research confirms that “the He was relentless, he kept saying “you ripple effects beyond the individual target, give it up for the others, why not me?” He threatened me when I said I would report him. He reminded me that I was on two years’ probation and could be sacked at any time (female interviewee).
326 Carol Bacchi and Joan Eveline, Mainstreaming politics: Gendering practices and feminist theory (University of Adelaide Press, 2009).
Chapter 12: First response, disclosure and reporting 287 even in the absence of formal investigation Why don’t bystanders intervene and public scrutiny, are significant.”327 when witnessing sexual harassment The survey asked participants to rate their and sex discrimination? agreement with the statement ‘I know what to I am not sure whether we have the do if I see someone or know someone is being culture to support those individuals sexually harassed at work’. Eighty per cent of who call out the “good bloke” respondents agreed they knew what to do while on their inappropriate behaviour eight per cent disagreed. A lower proportion (executive interviewee). of women than men agreed that they knew what to do (75 per cent versus 84 per cent Overall, bystanders were often reluctant to respectively). Similarly, a larger proportion of intervene for similar reasons that targets do women than men disagreed with the statement not report; because they fear retribution and (11 per cent versus 7 per cent respectively). reprisals, expect that the harasser will not receive any penalty and have low expectations The survey also asked participants to rate their of procedural justice.328 Male bystanders in agreement with the statement ‘I am comfortable particular may be reluctant to assist women in speaking up if I see someone being sexually workplaces characterised by masculine norms harassed’. 78 per cent of respondents agreed and identities, especially if exclusively in the they would feel comfortable speaking up presence of other men, for fear of being seen as while 11 per cent disagreed. The rates of ‘unmasculine’, weak or gay by their male peers.329 agreement varied between genders, with a lower proportion of women than men agreeing Through narrative responses, survey they were comfortable to speak up (72 per participants explained why they chose not cent versus 82 per cent respectively). to intervene when another employee was sexually harassed. It is important to note that Survey participants who indicated they had narrative responses indicated varying reasons either personally witnessed or been told about for inaction including that the person was sexual harassment or predatory behaviour aware the matter had already been reported or were asked what they did in response. investigated or the only evidence was hearsay. Narrative responses revealed a Other participants told the Review they felt range of bystander responses, many the target was not concerned or bothered positive, to sexual harassment: by the harassment. As discussed earlier in this chapter, the Review found that targets of In my work area, things go along sexual harassment commonly use minimisation quite well. Troops rally around strategies – laughing it off, forgetting about the person who experiences it and pretending it didn’t bother them. This inappropriate behaviour, and won’t may be one reason why bystanders believe stand for it (male interviewee). that the incident did not bother the target. The reaction to calling stuff (gender Misunderstanding harm and therefore not vs professional) – there is a bit of intervening can create an environment where nervous laughter. They’re not quite escalating conduct is unchallenged. sure what to do when they’re It makes me uncomfortable stepping pulled up on it. I might be viewed in to support a victim particularly when as over sensitive. I try not to make the victim does not react or express a big deal out of it, but do try to point it out (female interviewee). 328 Jocelyn Handy, ‘Sexual harassment in small-town New Zealand: A qualitative study of three contrasting organizations’ (2006) 13(1) While this is encouraging, the survey Gender, Work & Organization 1; D Wear, J Aultman and N Borgers, ‘Re-theorising sexual harassment in medical education: Women results show that one in five bystanders students’ perceptions at five US medical schools’ (2007) 19(1) reported not taking any action. Teaching and Learning in Medicine 20; P Hayes, Taking it seriously: Contemporary experiences of sexual harassment in the workplace Research Report 2003/2004 (2004). 327 Paula McDonald, Sara Charlesworth and Tina Graham, ‘Action or inaction: Bystander intervention in workplace sexual harassment’ 329 Melanie Carlson, ‘I’d rather go along and be considered a man: (2015) The International Journal of Human Resource Management Masculinity and bystander intervention’ (2008) 16(1) Journal of
288 Independent Review discomfort verbally. I wonder about obviously been allowed to do this how much is welcome or unwelcome? for a long period of time) but from Am I fighting someone else’s battle? the actions of [manager]. He did his (female survey respondent). best to make me feel that I had no real issue and almost that it was my The “victim” didn’t seem to mind. imagination. He made me feel that him She told me she thought it was being forced to address things was my funny (male survey respondent). entire fault … (written submission). The Review heard that often bystanders One male survey participant told the Review: intervene when the victim/target is visibly upset or offended rather than because the harasser breached policy The challenge is to create an or the behaviour was out of line. environment where victims – The Review also heard from many employees regardless of gender have the who had witnessed bystander inaction as confidence to report inappropriate well as targets of sexual harassment when behaviours to avoid the floodgates a bystander acted or did not take action. opening when one person finally speaks up. In my recent experience, The finding indicate a general reluctance the affected members all knew who for Victoria Police employees to respond when witnessing or being told about another the predator was but no one spoke employee being sexually harassed. This is to supervisors until a civilian made a consistent with recent research that suggests complaint. bystander inaction is the most common (MALE SURVEY RESPONDENT) response to witnessing sexual harassment 330 across a range of workplaces. It is important to note that bystanders must Many participants put this down to a consider their own safety when deciding ‘culture of silence’ and reporting stigma, whether to intervene. The Review heard a and cited many of the same reasons range of views about the risks of intervening: why victim/targets do not report:
Some members just don’t want to It was none of my business. It’s hard get involved – I am sure there is enough being a female police officer, some sentiments that if they reach if I get involved in someone else’s out, it could reflect poorly upon business I’ll get a reputation and end them? (executive interviewee). up [blocked] from any opportunities Other participants spoke about the culture so I just come in, do my hours and go of normalisation and acceptance of home. inappropriate behaviours as contributing (FEMALE SURVEY RESPONDENT) factors to the lack of bystander response:
There is definitely a culture of acceptance of questionable behaviour across all levels of the organisation which in turn is complicit in the behaviour (female survey respondent).
The biggest disappointment came not from his actions (although he has
330 Paula McDonald, Sara Charlesworth and Tina Graham, ‘Action or inaction: Bystander intervention in workplace sexual harassment’ (2015) The International Journal of Human Resource Management, 14
Chapter 12: First response, disclosure and reporting 289 Fear of reprisals stopped me There is one incident involving from saying anything, as I was the same male that I personally also a victim of these behaviours witnessed at a social event. No-one (female survey respondent). did anything to help this girl and I feel extremely guilty about it. She The times I saw it [sex discrimination], was fairly new and would’ve felt people had off the record discussions very isolated. … I haven’t seen her with me because if you speak up, you since (female survey respondent). will be victimised (female interviewee). The health and wellbeing of bystanders The Review was made aware of an incident requires further consideration for Victoria where a senior male police member made Police, and is a compelling reason to a disturbing and hateful comment to a encourage a positive bystander culture. female police member. She explained what happened after the incident: Consequences of intervention The other person [the member] in Survey participants who indicated they the room was horrified but he didn’t had responded to either personally say anything. He used his eyes to witnessing or being told about sexual express his disbelief, but didn’t say harassment or predatory behaviour were anything … People might ask how asked about any consequences. Previous you are, but they don’t follow it up. research suggests that even observing They look at the consequences for or hearing about the sexual harassment themselves. You, yourself, internalise of co-workers can result in ‘bystander it all. You don’t forget it; you just have stress’ and other negative consequences to move forward (female interviewee). that parallel those of direct targets.331 Several bystanders expressed a belief that The majority of bystanders (69 per cent) the perpetrator/harasser would be supported reported experiencing no consequences. if the matter was reported. This is a barrier However, the Review notes that this question commonly experienced by targets of sexual was also asked of participants who indicated harassment and sex discrimination. One they did not take any action. Nineteen per cent senior female police member explained: of bystanders reported that the harassment stopped as a consequence of their action. Half of the people supporting me have backed out because they fear for their Small proportions of participants reported own jobs and wellbeing. Members are experiencing negative behaviours from too scared that they will be victimised colleagues and the rates were higher for and then they will be moved. The women than men (around 5 per cent versus offender can be quite scary and on a around 3 per cent respectively). Around five personal level, they are worried about per cent of bystanders reported experiencing him, he is quite intimidating. And negative professional outcomes such as within the organisation, you might get loss of training or promotional outcomes. a lot of support at your own level, but Many participants reported being not higher up – they just say it never victimised, including being ostracised, happened. It is all about rank – they when they overtly intervened: back each other (female interviewee). Interestingly, several participants described feelings of guilt and shame for not intervening, including this female survey participant:
331 K. Miner-Rubino & L. Cortina (2007), Beyond targets: consequences of vicarious exposure to misogyny at work, Journal of Applied Psychology, 1254-1269.
290 Independent Review At a work location … when I first How can Victoria Police encourage arrived I was shocked when the other bystanders to safely intervene and senior male members began leering respond to sexual harassment at the new female members as they and sex discrimination? first came to the station. [My male colleagues] were talking to each other and saying things like “she is mine” It shouldn’t be a risk to your safety or and “You can have her first and then your career to stand up for a colleague tell me if she is any good” etc. I told or call out or report inappropriate them that was not on and was told to and sexist behaviour.332 ‘get f#$&ed’ and that I wasn’t going to fit in. I then told the girls that were spoken about, about what was said. I Positive bystander responses can be a was not looked upon too well … after powerful tool in establishing safe and that point (male survey respondent). equitable workplaces. Consideration must be given to individual and workplace factors If you take that person’s side, or are which contribute to bystander in/action. known to be friends with them, you VicHealth research summarised the will be lumped together, whether the individual enablers of bystander action: matter was reported or not. I’ve been ostracised simply for being friends with • knowledge of what constitutes a person who was sexually harassed violence against women … (female survey respondent). • awareness of harm caused by One participant told the Review about violence against women a work event where a police woman • perception of responsibility to intervene was allegedly sexually assaulted. • perceived ability to intervene – skills She was a new member and was • desire to educate the perpetrator/harasser said to be too frightened to report • empathy for and desire to support victim the incident. I then spoke with the • self-validation, catharsis – expressing EPSO (Ethical and Professional anger, disapproval etc.333 Standards Officer) but because no These individual enablers are closely linked one was prepared to be a witness and reliant on workplaces being supportive of, it was not taken any further. I was and actively encouraging the positive role of then approached by a [senior bystanders. The enablers related to knowledge member] who told me not to spread and awareness of harm of violence against rumours (male interviewee). women are addressed throughout this report. The Review heard that these experiences Recent research based on a study of sexual may prevent future bystander harassment events that occurred in a variety response to sexual harassment. of Australian workplaces, proposed four I helped a person who was harassed factors influencing the likelihood of bystander and as a result I was the subject intervention: identification and similarity with of detrimental behaviours for … target, fear of punitive responses, workplace years … [I] would think twice about norms and tolerance of gender-based assisting someone in the future (female survey respondent).
332 Commissioner Kate Jenkins, ‘Plenary: Shaping the future: Now it’s up to you’ (Speech delivered at the Australasian Council of Women and Policing Conference, Sydney, 3 September 2015). 333 Anastasia Powell, ‘Review of bystander approaches in support of preventing violence against women’ (Victorian Health Promotion Fund, 2011) 21.
Chapter 12: First response, disclosure and reporting 291 hostility, and proximity to the incident.334 The There is always a risk that people research supports the following approach: won’t come forward, and we can’t • Consider the role of different bystanders force them to. All we can do is create within, and external, to the organisation, an environment where people can and how they can best intervene. come forward if they want to, and support them if they do • Focus on bystanders who experience lower organisational and individual reprisals (MALE INTERVIEWEE). when intervening – for example, those at management level. This will assist in normalising bystander intervention. The Review suggests that consistent with academic governance recommendations, • Develop strategies and an organisational training should include best practice mandate to ensure bystanders are safe, bystander intervention in sexual protected and supported to intervene harassment and discrimination. and report. This involves addressing the barriers bystanders, as well as victim/ In addition, and consistent with targets experience when intervening recommendations on a whole-of-organisation and reporting sexual harassment.335 strategy, Victoria Police should develop a clear organisational statement and expectation The Review considers that as Victoria that all employees, regardless of rank or Police implements the Action Plan, which level, should ‘call out’ sexual harassment and contains mutually reinforcing strategies discrimination if they feel safe to do so and to improve workplace safety and respect, that they will be supported by management. bystander reporting will increase as a natural consequence of workplaces becoming safer As part of the HR Business Partnering Model places for calling out harmful behaviours. (see Chapter 13), Victoria Police should include specific requirements for reporting Based on this expectation and the Review’s on management responses to bystander findings and contemporary bystander intervention and reporting, and general approaches, the Review recommends that feedback on employee confidence to undertake Victoria Police focus on ensuring bystanders interventions, and suggestions on improvement. are safe and protected, and that they have confidence they will be supported by management and colleagues. This means Formal reporting ensuring that all employees are trained to identify harmful workplace behaviours, Survey participants were asked questions understand the impact and harm, feel about making a formal complaint or report supported to safely intervene, support the about their most difficult incident or episode target or victim and know how to of sexual harassment.336 The survey found record/report harmful behaviour, with only 11 per cent of targets made a formal the consent of the victim/target. complaint or report about their experience of sexual harassment in the Victoria Police workplace. Men were less likely than women to have made a report (9 per cent versus 13 per cent respectively).
334 Paula McDonald, Sara Charlesworth and Tina Graham, ‘Action or inaction: Bystander intervention in workplace sexual harassment’ (2015) The International Journal of Human Resource Management, 14–16
292 Independent Review The majority of formal complaints were This is additional evidence of significant under- made to local management (70 per cent), reporting given the rates of sexual harassment followed by Human Resources (13 per cent) reported by survey participants (see Chapter 3). and Professional Standards Command (9 It is well-established that sexual violence, per cent). The survey also showed that men including sexual harassment, is under- were less likely than women to report and reported.337 Within Victoria Police this is disclose sexual harassment and seek advice amplified by strongly held beliefs about what from a colleague about the experience. it means to be a resilient employee and the Looking at Human Resource Department normalisation of inappropriate behaviours data sources from 2006 to 2014, there and importantly – employee perceptions were fewer than 700 matters of bullying, on the prevalence, impact and importance sexual harassment, victimisation and of these issues, which promote the idea stalking recorded, and only around 100 these issues are not worthy of reporting. complaints of sexual harassment.
337 See, for example, Australian Human Rights Commission, Working without Fear: Results of the Sexual Harassment National Telephone Survey 2012 (2012).
Figure 31: Please tell us why (you did not report)?
I believed there would be negative consequences 45.1% for my reputation [e.g. that I would be blamed or not believed or thought to be over-reacting] 35.1%
I believed there would be negative consequences 37.9% for my career [e.g. opportunities for promotion, risk of being fired] 19.3%
29.4% I didn’t think it will would make a difference 22.8% Women Men 23.8% Other 24.6%
I believed there would be 21.7% negative consequences for the person I was going to complain about 18.4%
I didn’t need to because I made the harassment 15.3% stop 17.5%
I didn’t need to because I no longer had contact 12.8% withh the harasser/s 4.4%
I didn’t know who to talk to 6.4% or how to make a complaint 3.5%
I was advised not to by 5.1% a colleague or colleagues 2.6%
1.3% I was advised not to by family or friend/s 0.9%
Chapter 12: First response, disclosure and reporting 293 One senior public servant told us: of barriers to reporting – reputation, impact on victim/witnesses’ career, An external person reporting is consequences for them personally perceived very differently to someone and the workplace, being believed, in the organisation reporting. There is victimisation etc … it is a cultural thing not always confidence in the system (female interviewee). due to concerns around confidentiality, the investigation or the potential for The Review heard that reputation and loyalties repercussion (female interviewee). form early in employees’ service and remain with them throughout their careers. The long average service time, particularly for police Barriers to reporting is relevant – 14 years for female police, 23 years for male police, seven years for female Why don’t victim/targets report? public servants and eight years for male public servants.338 Several police members I never told anyone at the time. If I had, pointed out the difficulty in leaving Victoria it would have gone around like wild fire. Police because there is a lack of alternative I would have been forced to change employment (if they want to continue policing). work location and then eventually leave the job. My car would have been The Survey revealed that 41 per cent of [vandalised], I would have been called Victoria Police employees believed there a snitch … and dobber. No one would would be negative consequences for their trust me again. No one would want reputation if they reported, including being to work with me. No one would have blamed, not believed or thought to be talked to me. I would have been made overreacting. These perceived negative out to be a liar (female interviewee). consequences were greater for women compared with men. Participants told us: Survey participants who indicated they did not make a formal complaint or report It’s like an unwritten rule that if you about their most difficult incident or episode report inappropriate behaviour, you of sexual harassment were asked why. will damage your own career and your reputation will be tarnished. You would The most common reason for not reporting be known as a “rat” and it will follow you was potential negative consequences for around your whole career. You just have reputation (45 per cent of women, 35 per cent to suck it up (female interviewee). of men) such as being blamed, not believed or thought to be over-reacting. The next most The Review heard that women in Victoria common reason for women was negative Police face particular challenges having consequences for their career (38 per cent) to ‘manage their reputations’, and the such as losing opportunities for promotion, decision whether to report is made or risking being fired. The next most common more complex by this consideration: reason for men not reporting was a belief that it would not make a difference (23 per cent). But if you speak out, then you lose everything. You just don’t want to 20 per cent of targets did not report because jeopardise all the time and effort you’ve they were concerned about negative put in to being in the job consequences for the alleged perpetrator. (female interviewee).
This section examines what the Review I talked with my friend about it, and we heard about the barriers to reporting. These talked through what would happen if I barriers are discussed in detail below. told someone. She is a police member as well … In the end, I couldn’t let Damage to reputation and career 338 Victoria Police Data – Separations, received 16 June 2015. Note: the As an organisation we have made some relatively recent establishment of the transit PSO program means steps forward but there are still a lot that it is too early to draw clear conclusions in relation to separations for this group.
294 Independent Review myself feel responsible for anything make a complaint and perhaps it is that happened to his family because unsubstantiated. This may go on the of a complaint I made. I knew that in file. This could reflect poorly on her. situations like this, it is the woman who Say she goes into a selection panel, it is seen as the home wrecker and ‘at might be the best man or best mate of fault’ and I didn’t want my career to be the person accused of perpetrating the defined by this one event behaviours (external expert). (female interviewee). Several senior police told us about One female police member told the Review the experiences of younger relatives why she chose not to report after being working for Victoria Police. The cases sexually harassed and propositioned for we heard about caused significant sex from a colleague in a police vehicle. distress for the more senior relative:
I have a close female relative who A big part of me not making a complaint is joined the police force. I had to have that I felt like it would be a roll of the dice. I an explicit conversation with her about was brand new, and no-one knew anything the behaviours I thought she had to be about me. He had been in the job for over careful of. At the station, it’s sometimes a decade, was married with kids. If he had a game of who can sleep with the never had a complaint before and was well female trainee first. It’s shameful I had to have this conversation (female regarded by his colleagues then everyone interviewee). would have taken his side, labelled me the trouble-maker and it would have followed Some participants drew distinctions me around for my career. However, if he had between types of harmful behaviours been known for that behaviour then people that are ‘acceptable’ to report. ‘might’ have believed me. Given this was my If a sexual assault took place I would new career, I couldn’t justify playing the odds report it, but I am too scared to report with my reputation. I would rather put up sexual harassment/comments as it will with it and protect my reputation than risk adversely affect me in my role. being labelled a “bitch” or “untrustworthy” (female survey respondent). by my colleagues (female interviewee). Other participants reflected on career status influencing the decision to report or not. Confidential interviews with current and former employees revealed a strong When I talk about barriers to reporting, negative relationship between reporting they [recruits] say ‘I have to go back at harmful behaviours and damage to career. week such and such and I know what One senior public servant reflected: will happen if I report any of the bad behaviour, it is not worth my career.’ There is fear that if you do speak up, The grape vine in this place … They’ll and this applies more to sworn than work out who it is. People will find out unsworn staff, then your career will and there’s a fear factor suffer. There is a perception that if you (female interviewee). blot your copybook – that’s it for your career (female interviewee). At that stage of my career, if I had made a complaint, I wouldn’t have This view was also shared by numerous been able to work in the division. Not men the Review spoke to: because of the formal process, more The one thing that keeps your self- the informal stuff. I was just about to go esteem up is identity in the job. They’re on a temp, I couldn’t have it following all frightened about what’s on their me around (female interviewee). file. For example, a police woman may
Chapter 12: First response, disclosure and reporting 295 Fear of not being believed or blamed [I felt] angry and ashamed as people may think I actually let him get away The fear of not being believed or that with trying to hit on me because I others will think the target is over-reacting hadn’t made a complaint is a significant barrier to reporting harmful (female survey respondent). workplace behaviours. This was particularly evident for female employees. High tolerance for inappropriate behaviours There also seems to be an attitude in The Review spoke with many Victoria Police Vic Pol that if a female reports sexual employees, at all ranks and levels and in harassment or inappropriate sexual all parts of the organisation who described behaviour, there is an initial reaction the Victoria Police workplace as having a that she must be lying. high tolerance for harmful behaviours. This (male survey respondent). reality does not reflect on all workplaces Participants also questioned whether their but was a general perception from behaviour led the harasser to perpetrate participants engaged with the Review. the poor behaviour. The Review heard Due to the high tolerance of harmful several instances of this occurring. behaviours, participants explained that people don’t report because they don’t The victim told me that they had recognise what they experienced or witnessed reported the behaviour but that was inappropriate. In certain workplaces, management told them that they harmful behaviours become normalised: were bringing the harassment upon themselves (male survey respondent). People may say, “Oh, it wasn’t that bad.” In terms of jokes and casual … They are usually embarrassed and conversations about women, mostly have questioned if their own behaviour it isn’t seen as really crossing the line has led the other person to think it is ok (female interviewee). to behave in this manner (female survey respondent). Some participants took a different view. I have worked for Victoria Police for [many] years and when I first If Victoria Police are worried about this started I thought that Victoria Police situation occurring, maybe they need had a sexist culture and treated to teach members how to be assertive women poorly, I believed that the enough not to get into a situation like organisation’s attitude would change this in the work place. with the times and the rest of society (female survey respondent). but I found myself telling people that While responses like these highlight the Victoria Police has actually got worse value placed on individual resilience, some over the years. The behaviours that participants adopted these victim-blaming I experienced as a young constable attitudes which fail to consider the gendered have continued and sexist attitudes reasons preventing many people from reporting. towards females in the force has got Women don’t feel comfortable reporting even worse and I found this very this because they are often times made disheartening. to feel like it was their fault in the first (FEMALE SURVEY RESPONDENT). place and fear the social isolation which would follow from making a complaint against, often times, married men with families (female survey respondent).
296 Independent Review One senior employee remarked: inappropriate behaviour; unfortunately some inappropriate behaviour has Police also encourage an “Esprit de been normalised through our culture corps”. People won’t call out certain (executive interviewee). things until bad behaviours are extreme. People don’t want to rock The Review was disappointed to hear the boat. This can make it difficult to that in some workplaces managers and get a true picture of the behaviours or supervisors engage in, and in some cases, encourage reporting encourage the inappropriate behaviour. (executive interviewee). Offender was encouraged by my Many employees spoke to the Review about the supervisor. Both men had close links to persistent minimisation of sex discrimination the next person in chain of Command and sexual harassment in the Victoria Police (female survey respondent). workplace. Participants told us the seriousness Given their important role in setting workplace and impact of sexual violence is often standards, this is particularly concerning. minimised, and the prevailing attitude is to One male survey participant told us: ‘not make a big deal out of it.’ This creates an environment where inappropriate behaviour The behaviour was relatively low level can continue and escalate with impunity. and the ‘victim’ was not particularly concerned about the behaviour but it I didn’t want to deal with the did involve inappropriate comments by drama – it simply wasn’t worth it a senior manager towards and about (female survey respondent). numerous female members of staff … The comment was minor in the grand The problem as I saw it … was that it scheme of things, and could have had demonstrated a poor and disrespectful an alternative meaning culture fostered by the member in (female survey respondent). charge in which further inappropriate behaviours could flourish We spoke with a sworn member (male survey respondent). who described the cumulative effect of inappropriate behaviours. This issue is discussed in more detail in Chapter 10. Each layer as a standalone is probably not worthy [of reporting]. But layered, it Fear ‘for’ the harasser and fear ‘of’ the is something worthy. The behaviour was harasser getting stronger (female interviewee). The survey found that 20 per cent of targets Some participants described confusion at did not report sexual harassment because whether the behaviour they experienced they were concerned about negative was inappropriate and questioned consequences for the alleged perpetrator. whether it was ‘below the line’. Other participants shared their reasons why they had concerns for the harasser: The comment/s left me feeling confused as to the person’s meaning I knew the harasser was married and and intention as the comment could I felt bad for his wife. I didn’t want to have had two meanings. When I cause her pain and embarrassment explained the situation to friends/family, (female survey respondent). all felt that regardless of the intention, the comment was inappropriate When things happened to me, I didn’t (female survey respondent). want to ruin the guys’ careers. I didn’t want to be the one to bring down good There is still a stigma for our coppers. They made bad decisions. I members to report these behaviours. understand why they take these matters Also for some, it’s not clear what is seriously, but it left me powerless. The
Chapter 12: First response, disclosure and reporting 297 consequences would have been so regret and shame are also commonly felt by severe that I didn’t want to make a those who choose not to report, particularly complaint (female interviewee). when they know there are other targets or victim/survivors that may still be at risk: For some reason, I was always worried about his job, even though he had I felt intimidated and embarrassed nearly killed me (female interviewee). which is why I didn’t say anything, but now that I know the person continued A number of employees minimised the harassing other women once I put harasser’s behaviour, reflecting the deep sense a stop to his behaviour with me, I of loyalty among Victoria Police employees. wish I had spoken up (female survey Through interviews and site visits, it appears respondent). this loyalty is more common among police compared with public servants and PSOs. I feel guilty about not reporting these We also spoke with several people who did incidents, you leave other people not report because they believed the harasser exposed. But both times I had to think would make their work and personal life difficult. about the impact it would have on me (female interviewee). Members were fearful of making This is a common experience of victim/ a complaint as the predator would survivors of sexual violence in the broader threaten to tell members’ partners community. At the same time, many women told regardless of them accepting or us they felt they ‘owned’ the problem and had denying the advances. a responsibility to report and felt guilt when (female survey respondent). they hadn’t. While Victoria Police has made I thought he would be vengeful significant progress in changing community (female interviewee). attitudes through sexual assault and family violence reforms, it also has a responsibility Perception that police employees cannot be to dispel this attitude within Victoria Police. targets or victim/survivors
A large number of Victoria Police employees Deciding whether to report harmful with whom the Review spoke explained their workplace behaviour is a difficult and primary role is to protect the community. stressful decision. Targets and victim/ We heard that being a victim/target of survivors are the best judges of their own sex discrimination and sexual harassment safety and wellbeing, and their decision is inconsistent with the expectations of individual resilience and strength: must be respected.
I was reluctant to make a complaint because I didn’t want to admit that I Strong reporting stigma was a victim. I didn’t believe this could The Review heard about the ‘culture of happen to me. I don’t want to be that silence’ and reporting stigma. Part of this person … (female interviewee). stigma is related to the fear of victimisation: Some women described having to appear stronger and more resilient than their male It’s easier to not say anything and not counterparts. See Chapter 2 for more detail. become a target yourself. You won’t One survey participant explained that making necessarily become a target for sexual a report “would tarnish his [perpetrator’s] harassment, but bullying, gossip, perception of women in policing even more”. segregation. … (female survey respondent). The emotional toll of reporting One senior employee described the Many participants reported feeling culture of reporting in their workplace: ‘embarrassed’ and ‘awkward’ about the prospect of reporting. Feelings of guilt, 298 Independent Review They are very reluctant to do anything That is why I didn’t complain. If I say he – they don’t want to be seen as whining came on to me in the van you have to think or whinging. They don’t want to be ‘What is going to happen to me in that fingered as the person who blew the station?’ My ‘work family’ would most likely whistle. These women don’t have a lot turn against me. You would get reprisal of confidence. Many of them don’t like through social isolation from the group to speak in meetings. They fear the (female interviewee). repercussions of having other people know what happened to them; like they might be judged. They just want it to go The survey asked participants to rate their away (female interviewee). agreement with the statement ‘My colleagues The Review also spoke with people who would support me if I made a complaint of had such poor experiences reporting that sexual harassment’. 59 per cent of participants their colleagues were reluctant to report: agreed their colleagues would support them while 12 per cent disagreed. The rates of People in my PSA won’t make agreement in women and men were similar complaint. They say ‘we have seen (61 per cent versus 58 per cent respectively). what happened with you.’ It’s an A slightly larger proportion of women than environment that leaves people men disagreed their colleagues would vulnerable (female interviewee). support them if they made a complaint (15 One of the strongest cultural assets to per cent versus 11 per cent respectively). Victoria Police is the sense of family and The survey also asked participants to rate their loyalty among employees. Belonging or being agreement with the statement ‘My colleagues part of a team had significant personal and would support me if I was accused of sexual professional value for police employees: harassment’. 35 per cent of participants agreed their colleagues would support them The members fancy themselves as while 22 per cent disagreed.339 The rates of having professional behaviour and agreement in women and men were similar attitudes … They’re all here to do the (37 per cent versus 35 per cent respectively). right thing – they rely on each other – reporting inappropriate behaviour This represents a relatively high level is seen as going against that though of support for alleged harassers which (executive interviewee). may contribute to the reticence of targets to report sexual harassment. However, if a target or witness reports inappropriate behaviours, it is seen as going Target does not feel safe to report against the ‘family.’ We consistently heard that those who report harmful behaviour are The Review heard that the decision of a considered ‘snitches’, ‘dogs’ and ‘rats.’ target or victim/survivor to report harmful behaviours is dependent on the actual … There was a high profile example or perceived safety of the workplace. a while ago … She [the victim/ survivor] reported it and exposed this It is treated a bit like a joke by the [perpetrator]. She was frowned upon members. If someone is a sleaze it’s a by her peers, and basically disowned joke and nothing ever really happens. by all those around her. She was on her (female survey respondent) own (female interviewee). The Review heard distressing accounts The organisation doesn’t necessarily of people who did not have a safe look favourably upon police who make place to disclose, and if they did report, complaints about other police their safety was not prioritised: (female interviewee). 339 A smaller proportion of women than men disagreed that their colleagues would support them if they were accused (20% versus 24% respectively).
Chapter 12: First response, disclosure and reporting 299 We all went to a work event, [and I was] We commonly heard statements such as ‘I indecently assaulted. I felt so violated and hoped it would just stop’ and targets ‘waiting angry … out’ the sexual harassment and sexist comments. Evidence collected in the Review He denied it ever happening … I contacted clearly shows that Victoria Police employees Welfare. I needed to see someone because continue to face these significant safety risks. what had happened was still playing on my mind … When I returned to work, there was Concern about rank a new PDA entry about an incident where The Reiview was told complaints processes he was trying to bait me. I was hauled into were less likely to be effective against a a meeting with the boss and the supervisor. perpetrator when the harasser had a senior I told the boss I didn’t feel comfortable with position or had powerful connections with my supervisor. I told him what happened. He the organisation.340 The Review heard about made me tell the entire story in front of the a range of views related to rank which act guy who did it. He didn’t ask the supervisor as barriers to reporting. These include the to respond to anything. The boss looked at harasser’s seniority, the target’s lower rank me and said that I should have reported and the discomfort of ‘jumping’ the chain of it when it happened. The boss completely command if the line manager is the harasser: dismissed it. I was crying but he didn’t stop. It probably made me more I was encouraged by colleagues to make a uncomfortable than anything and complaint. It was an awful experience. I wish powerless. Another subordinate was I hadn’t made a complaint. in the room as well. We were both uncomfortable. I didn’t know how The supervisor was upgraded. I was moved to respond/behave as I was fearful to a different workplace. Everyone knew of potential repercussions from the why even though I didn’t tell anyone. … I supervisor (female survey respondent). reported for an outcome. In the end, he was upgraded and my career has been destroyed (female interviewee).
CASE STUDY I’ve been in the job for many years. I have a younger relative who also works in the job. She was sexually harassed by one of her bosses. I was so angry and disappointed when she told me. When I said she should make a complaint, she steadfastly refused. He is very popular and she thought that would be the end of her career – she thinks they will stop her progressing if they find out. She is right. I don’t care what picture they paint now, it has been like that the whole time I have been in the force. Win, lose or draw, she is the one that would suffer. There would be a process of him denying it, of them both being interviewed and investigated. They would be able to prove she was not on night shift – that he had put her on nightshift, which was highly unusual, but he could make up any number of excuses – say it was a role and it was fine and she misconstrued it. She would suffer. I was saying as family that she should report, but as a colleague I could see all the risks for her. He would have so many people who would be his allies. She is new (male interviewee).
340 M Rowe, ‘Dealing with sexual harassment’ in M Stockdale (ed), Sexual harassment in the workplace: Perspectives, frontiers and response strategies (Thousand Oaks, Sage, 1996).
300 Independent Review The Review asked one senior male Participants told the Review there wasn’t police member whether rank structure enough information about making a complaint: is a barrier to reporting. We’ve come a long way but there’s a There are some people you just long way to go and if you were to ask wouldn’t go to with a complaint – they a uniformed member ‘who do I go to’ have a reputation of covering things up, or ‘what line do I ring?’ … There’s a sometimes even to run away and leave number for when you’re exposed to it to others to deal with. bodily fluids but complaint channels need more visibility (executive In this case, his position of power and interviewee). authority was the primary reason the victims of his inexcusable behaviour Target/victim took action against the were not prepared to formally report harasser themselves the incidents. The Review heard that some people did [Question to interviewee] What gave not report the inappropriate behaviour you the confidence to do that? Did because they dealt with it themselves: you develop that as you moved up the ranks? I told the person not to touch me. That’s that. Problem fixed. … My philosophy is to do what is right (male survey respondent). not what is easy. That being said, it is often difficult to exhibit that same level I took direct action and told the person of courage when you are at lower levels (very forcefully) to stop touching me of management in the force, when the (female survey respondent). offending party is a significantly more Some participants felt it was a safe option to senior person (male interviewee). take action against the harasser themselves, however this is not the case for everyone. The reporting process is unclear, takes too long and doesn’t get outcomes Experiences of and principles of The last thing I want when I’m feeling like a victim is to be further victimised victim support by a complaints process (female interviewee). The Review identified a variety of serious and significant barriers to reporting sex The Review heard that the prospect of reporting discrimination and sexual harassment including harmful behaviour was a barrier in itself. predatory behaviour in Victoria Police. For Participants expressed a sense of apathy about those Victoria Police employees who do the reporting process and potential outcomes, report, there still remain substantial barriers remarking that ‘nothing would be done’, ‘nothing to a safe and effectual reporting experience. would change’ and it’s ‘not worth the hassle.’ Positive reporting experiences lead to better People don’t have confidence in outcomes for victim/targets, increased the complaints process. We need occupational wellbeing and safer workplaces. substantial change in how complaints are managed. It’s about confidence in our management, and believing that they will handle it in a way that won’t hurt us (female interviewee).
Chapter 12: First response, disclosure and reporting 301 Of the 11 per cent of survey participants Principle 1: Victim/target is safe and who made a report or formal complaint supported to report about sexual harassment, many of these We need people to know they are safe participants described their experience of to report, that we have an organisation reporting, the first response to the report which will not tolerate or turn a blind and any consequences of reporting. These eye to this type of behaviour (on duty or personal accounts from the survey are off duty) and provide support to them accompanied by a large amount of data (male interviewee). collected through qualitative interviews and written submissions. The Review heard that when victim/targets feel safe and supported, they are more confident and are more likely to report Drawing on the experiences of victims and sexual harassment and sex discrimination. bystanders, the Review has developed a set of critical principles, reflecting Victoria … I have only been able to talk about Police’s external victim-centric approach, this in the last [few] years. I felt safe to ensure a safe and supported reporting and strong enough to report the experience. Those principles include: matters because I have a couple of friends supporting me. I’m older, • : Victim/target is safe and Principle 1 mentally stronger, a bit wiser, and feel supported to report. so strongly aggrieved by the crime. I • Principle 2: Let the victim/target talk openly, thought it would help my recovery. I express emotion and take them seriously. hope it helps other women in the force • Principle 3: Confidentiality and choice of … (female interviewee). victim/target is fundamental. … the Chief Commissioner sent As discussed earlier in this chapter victim/ everyone out an email in relation to targets most commonly disclosed sexual sexual and predatory behaviours in harassment to work colleagues followed by the workplace and I took note … when supervisors and managers (more senior than I saw the email, I decided I would do immediate supervisor). The vast majority something about it. The email showed of formal complaints were made to local me there was a bit more support for management, followed by Human Resources members and this type of behaviour and Professional Standards Command. would not be tolerated. I decided to make a complaint and since then I have You’d like to think you could always go had an enormous amount of support to your supervisor – but the reality is from my superiors and most other that often you have to hand pick who members (female interviewee). you report to. So it is a cultural thing and we need to reshape our culture Victims/targets report that supportive attitudes with respect to this (male interviewee). on first report, as well as the overt support of bystanders as fundamental to giving them These findings indicate the need to focus confidence to report. The Review heard several on improving the first response and positive examples of bystander intervention reporting capability of work colleagues and supported reporting, including: (or bystanders) and local management. [I] confronted the person, supported the victim, reported the matter and discussed expectations with work force (male survey respondent).
Another member had got wind of it … and thought it was totally outrageous and whistleblew for me … I had
302 Independent Review opportunities to tell people up the any subsequent harm from being involved in chain but I didn’t know what alliances the process (for example, re-traumatisation). people had. It was an unsafe This could involve emotional support, financial environment to tell anyone anything support and victims of crime support (if they (female interviewee). need locks changed, etc.). The victim/target should also be provided with avenues for Meeting the victim/target’s immediate independent advice and advocacy for example, safety and support needs, validating the legal advice, union, the Victorian Equal experience of the victim/target, showing Opportunity and Human Rights Commission. genuine empathy and making appropriate support referrals, is fundamental to the A support person can be engaged before, victim/target’s experience of reporting. during and after the process (for example, A former senior employee told the Review: the victim/target should have the option of having someone with them in interviews). … Whether you have got evidence or In these matters, the gender of the person not, when dealing with a member of taking the report is important to some people the community, you have someone who and will make a difference to disclosure needs to feel safe and be provided and progression – choice is important. with safety. Whether the issue can be proven at that point or not, they need Several participants shared their to know they are believed and they perspectives on disclosing to other know that police will make them safe. women supervisors or managers. Victoria Police don’t necessarily do this Women tend to confide in you when internally … Victims just want it to stop; you go in as a temporary Senior they don’t want to be re-traumatised … Sergeant. They tell you they can’t get … In family violence, you find them (or they feel they can’t get) upgrading therapeutic/welfare support and because they’re female, they don’t get intervene if necessary. You go criminal the opportunities because they have if you need to and can … I have children, they experience degrading spoken to so many victims who want it comments, have feeling of isolation and acknowledged, believed and are more lack of support (female interviewee). likely to be able to process what has Recipients of disclosure should ensure victim/ occurred. They just want it to stop not targets know the various options/avenues necessarily going to a punitive result available and can make an informed choice … Sometimes they do want a criminal about reporting. This includes letting the justice response and that should be an person know that the organisation may need option … I think police need to get their to act on the person’s disclosure even if they head around this (former executive). decide not to proceed with the complaint. The Addressing the consequences of harm Review heard about many situations where enhances the victim/target’s sense of safety the victim/target made a disclosure but did when reporting. One participant told the not want the matter to be on-reported. Review about a distressing and prolonged One senior police member described experience of harm perpetrated by a male witnessing a female personal assistant member. In this case, insuring immediate being verbally abused by her boss. safety was vital to her and her family. I telephoned her a few minutes later on When PSC knew, I was petrified her mobile to check to see if she was he would come after me (female ok, then I left the office to catch up with interviewee). her, talk to her and provide support. The victim/target should have access to She was adamant that she did not want confidential, independent support to recover to formally report the behaviour or for or to process harm, or to assist in addressing me to initiate action. She advised me
Chapter 12: First response, disclosure and reporting 303 that she would deny the incident took … I was introduced to the [manager]. He place if I took it further. I continued to really wants to make a difference. I trusted check on her welfare post that time. him. I agreed to speak to him, and sound Notably she exited Victoria Police a few him out. I told him about the concerns for my months later (male interviewee). safety. He was appalled. He acknowledged It is important to ensure that people know that my concerns and validated them (female in some cases they can withdraw individual interviewee). complaints from the process up to a point (as for sexual assault survivors in the community), Good practice also involves allowing the and, where necessary, support that decision victim/target to give a full account – to regardless of frustration (it is a reflection of a produce complete and accurate evidence, failing in the system or process, not necessarily and for the person to feel satisfied with of the individual/s involved). This issue is the process. Being flexible about how and discussed in more detail in Chapter 13. when people share their experience is helpful. Be as accommodating as possible Principle 2: Let the victim/target talk to suggested changes to process. openly, express emotion and take them seriously We spoke with a very junior constable Victims/targets report that supportive attitudes once – sat with her for nearly three on first report are fundamental to giving them hours – let her talk and ask questions confidence to report. Conversely, unsupportive – she was very fragile, she looked like attitudes on first report can have a serious she was listening, but you could see and harmful impact on victim/targets: she was traumatised. She was new and very frightened but because I was able I had the impression it was a formal to go that very first day to offer support process. He used lots of big words, – she could ring with any concerns but he didn’t name the behaviour … I or questions at any stage (female got the impression that I was wasting interviewee). his time and he was just doing it so Ensure that people do not need to repeat he wouldn’t get in trouble if he didn’t their story multiple times, by having handle it properly … I would have consistent contacts where possible. liked for him to say “I will fight for you, you don’t have to fight.” I was put What annoys me and other people in through the ringer every day (female this space is that people should only interviewee). have to tell their story once. You need to Good practice involves listening and taking the build the confidence so people come to victim/target seriously, and believing that they you (senior manager). have been harmed if they say they have. The The Review heard some commentary Review notes that empathising with the victim/ on the temporal association between target is separate and does not conflict with the incident and the report being made. objective judgement. Professional distance can Research suggests that delaying reports seem like rejection to someone who thinks that beyond an immediate response or within a they will likely be doubted or not believed. few days threatens the victim’s credibility and the likelihood of a successful legal claim.341 However, this is not evidence of whether someone is telling the truth. The multifaceted and complex barriers to reporting can mean it may take the victim/ target many weeks, months or years to
341 Patricia Eastel and Kezia Judd, ‘“She said, he said”: Credibility and sexual harassment cases in Australia’ (2008) 31(5) Women’s Studies International Forum 336.
304 Independent Review report the incident. In fact, most participants investigate it properly, professionally the Review spoke with, did not report the objectively? … (male interviewee). incident at all, despite significant evidence. Based on this Review’s evidence, if the This issue underscores the importance of target/victim does report, it is likely they respectful language. It also means avoiding have overcome a range of barriers and language of collusion or victim blaming (for experienced negative consequences as example, saying ‘why didn’t you report?’, a result of reporting. The matter must be as opposed to ‘why didn’t you feel like you taken very seriously. Challenging out-dated could report?’) which can inadvertently attitudes and assumptions about reporting minimise someone’s experience. must be a key focus for Victoria Police. A small minority of participants told us that often victim/targets have an ulterior motive for Principle 3: Confidentiality and choice of reporting, including this survey participant. victim/target is fundamental It needs to be safe, supported Just because a male or female reports and with the victim in control sexual harassment or a similar incident, (executive interviewee). it doesn’t necessarily mean that they are telling the truth. I have seen many minor Victim/targets should be made aware of how incidents blown out of proportion by the the information they provide will be shared in the ‘Victim’ as there are ulterior motives for future, for example, with Professional Standards the complaint [to] destroy or question Command, managers, Human Resources or someone’s credibility in order to progress colleagues (for example, when other individuals your own career … in the workplace will be interviewed). Victim/ (male survey respondent). targets often perceive grievance processes to be lacking in confidentiality, creating The Review did not find any evidence fear and anxiety and further undermining of vexatious claims in relation to sexual their confidence in reporting.342 harassment or sex discrimination. The Review does not rule out the possibility of vexatious The Review spoke with a manager complaints being made (on various grounds about how he prioritises choice and including bullying), however given the significant control of the target/victim: barriers and negative consequences associated with reporting sexual harassment and sex When someone comes to you with discrimination, it seems highly unlikely an these problems you need to be honest employee would take these risks to, for example, about how these things manifest gain promotion and seek a transfer. Rather, as themselves so they can make an this Review has made clear, under-reporting of informed decision about what they want even very severe sexual harassment and assault done. Offer to talk to the person, and is a much greater concern in Victoria Police. highlight that the possible outcome is they could stop, it might not change or One senior male police member commented on it could get worse (male interviewee). this issue, and the danger it poses for victims, both within Victoria Police and in the community. Victim/targets should control their own information and all potential options I had truly hoped that as organisation for escalating the matter should be we had moved on from automatically informed by the victim/target: not believing victims of sexual assault/ harassment. Even if you thought it was a We recently had contact with a woman false report … if you presume every report who had spoken to her manager about of sexual assault is false until you prove an issue which was then on reported the otherwise, how do you then get the – she is now furious, won’t engage legitimate people who have been sexually 342 Anna-Maria Marshall, ‘Idle rights: Employees’ rights consciousness assaulted to have any faith that you will and the construction of sexual harassment policies’ (2005) 39(1) Law & Society Review 83.
Chapter 12: First response, disclosure and reporting 305 and wants it off the table … without However, it is concerning that for some a complaint or information it is now participants the harassment did not stop. very difficult to deal with the issue Participants described the significant impact properly. When members raise issues of ostracism and isolation after they reported. of concern there needs to be clear, consistent information about processes A lot of people who I thought were and options – victims need to be my friends dropped off. When I got included and kept in the loop about any to my new station as the result of me proposed actions (female interviewee). choosing to transfer … I felt that my In some limited circumstances, the matter may old boss had smeared my reputation. reach a high enough threshold to leave the (female survey respondent). victim’s hands. This must be informed by the They made no attempts to have it victim/target’s safety and must be a transparent stopped, only to move the victim. I decision. This is unusual and in most cases, made a complaint to the local Inspector, the matter can be resolved at the workplace who said “what do you expect after level with the consent of the victim/target. This you made complaint against a whole issue is considered in detail in Chapter 13. station? (female interviewee). A large number of participants told the Review Impacts of reporting and that after reporting they were transferred victimisation to another workplace. See Chapter 11 for a detailed discussion on this issue. This was Through an examination of survey and often without the victim/target’s informed qualitative data, the Review found evidence that consent and had negative consequences many participants were victimised, ostracised or in their personal and professional lives. experienced negative consequences as a result I was interviewed and transferred of reporting harmful workplace behaviours. from my workplace and chastised by The survey asked participants if they had workplace management. experienced any of a range of outcomes (male survey respondent). following the reporting, and a number I was moved to a different location. of participants indicated that whilst The supervisor then circulated rumours the behaviour stopped they continued regarding my competency in my experiencing negative consequences. role. The manager continued to be For 46 per cent of people, the reporting led intimidating, rude and exclusionary. to the behaviour stopping. The next most The manager is still in charge of female common consequences were victimisation staff (female survey respondent). in the form of being ostracised or ignored In many of these cases, reporting had by colleagues (18 per cent), being labelled a detrimental impact on the victim/ a troublemaker (18 per cent), other negative target’s career progression, performance, outcomes such as being denied training or financial situation and reputation: promotion (18 per cent), and being bullied or victimised by colleagues (13 per cent). I feel my career may be affected … I Further, just over 10 per cent of participants feel that people judge me for my actions reported having their duties, roster or location of standing up for myself. It affects my changed in a way that was detrimental to them. life everyday … I will never be the same Just over one quarter of participants did not again and it’s a long road to mentally report any of the consequences that were and emotionally feeling normal within listed (including the hgarassment stopping). myself (female survey respondent). This could be for several different reasons. I probably didn’t work to my regular capacity during the time because I
306 Independent Review felt uncomfortable and was distracted the trauma I was already responding to, when he was looking at me (female by adding a new trauma for me to deal survey respondent). with when I was barely coping with the first (female interviewee). For some participants, the victimisation they experienced after reporting often The Review has not considered the role of had the effect of silencing their concerns. WorkSafe and worker’s compensation claim Continuing through the reporting process process. The Review is aware that the Victorian became stressful and emotionally demanding. Ombudsman has recently commenced an Some participants withdrew their report ‘own motion’ investigation into the handling due to reprisals and/or fear of reprisals. of worker’s compensation in Victoria, particularly whether Worksafe agents have Direct reprisals from the harasser were unreasonably denied liability or terminated reported less frequently. However, of the entitlements for people who have suffered situations the Review heard about, most victim/ injuries in the workplace.344 The Worksafe targets felt at risk. One participant told us: agents that will be investigated include, among I was then subjected to direct abuse from others, Gallagher Bassett, who at the time this [supervisor], with swearing, sexual of this Review, serviced Victoria Police. connotations and physical outburst of violence that the other [supervisor] in the office stood between me and the angry [supervisor]. This abusive [supervisor] blamed me for his demise as I had advised and reported the behaviour he displayed (female interviewee). The Review did also hear some positive experiences of reporting. One senior police woman told the Review about her experience making a complaint years ago.
There were definitely negative consequences for making complaints. It’s only long term I look back and am pleased I made the complaint … At some point I had to make a choice and let go and move on and they moved me to a different department but the boss was fantastic … So it was something good from something bad (executive interviewee). A related and equally important consideration is the harm caused by how the issue was managed after the matter was reported.343 One current police member told the Review:
The Workcover processes … created a new type of trauma for me. It occurred at a time when I was frankly struggling to maintain my actual sanity. … The harassment that followed that Workcover
claim form categorically compounded 344 Victorian Ombudsman, Ombudsman launches investigation into handling of workers compensation claims (5 November 2015)
Chapter 12: First response, disclosure and reporting 307 Chapter 13 Actions and outcomes of formal processes
Main findings • The discipline system for police and protective services officers is complex, time consuming and more akin to a criminal rather • The primary measure of effective response than civil process. It is also inconsistent with to sexual harassment is ensuring the employment practices for public servants behaviour stops, yet the findings of the and broader employment law principles. Review demonstrate that organisational responses to formal reporting have limited • The organisational policies and processes for effectiveness achieving this. Of equal responding to sex discrimination and sexual concern is the victimisation and other harassment do not have a consistent victim- negative consequences reported by centric approach and recommend using participants who lodge formal complaints. practices which are potentially harmful and distressing for targets of these behaviours. • Around half the survey participants who reported a sexual harassment matter were • There is contradictory information regarding dissatisfied or very dissatisfied with aspects the organisational responsibilities for of the organisational response to their managing complaints of sexual harassment complaint. and sex discrimination. • Just over half the complaints reported by • The shift to a single dedicated hearing officer survey participants were finalised within appears to be a positive development in one year, however a notable proportion terms of consistency of decision-making. were protracted as a consequence of the However, the effectiveness of the function will investigation and/or court processes. be dependent on the skills of the individual in the role. • Multiple, overlapping definitions in the Victoria Police Act and other relevant • The Professional Standards Command legislation, as well as a lack of policy tasking of complaint investigations leaves guidance mean that sworn personnel may regions responsible for around 90 per cent arguably fail to act on complaints when they of files without dedicated resources. This should act on them. is a significant burden on the individuals responsible and is a disincentive for • Different legislative provisions covering thorough, effective investigations. problematic conduct for police, PSOs, public servants and executive officers creates • Further reform to Victoria Police’s disciplinary confusion regarding responsibilities for system may help to streamline and simplify reporting and responding. There is a lack of its response to sex discrimination and sexual guidance in policy instruments about how to harassment. report and respond to complaints regarding executive level personnel. • In recent years, Human Resource Department work units responsible for responding to reports of sex discrimination and sexual harassment have not been adequately resourced. This has contributed to insufficient and sometimes ineffective responses to complaints.
308 Independent Review Introduction Policy instruments Victoria Police Manual: This chapter considers the Victoria • Policy rules – Workplace conflict; Sexual Police responses to formal complaints, harassment, Bullying, harassment and including disciplinary processes. The discrimination; Professional and ethical Review considers that formal responses standards are critical to enforcing standards set by senior personnel around gender equality, • Guidelines – Workplace conflict, Sexual respect and safety in the workplace. harassment, Bullying, harassment and discrimination In particular, the chapter considers the legal, Code of Conduct for Victorian Public Sector policy and industrial framework for response Employees of Special Bodies 2015 and organisational structures and processes. Victorian Public Service Executive Employment It also considers participant experiences with Handbook 2010 the response to formal reports, issues with response to formal reports; and proposed changes for addressing workplace harm. Requirements for reporting The chapter also outlines proposed options and acting to reform the disciplinary system. As discussed in Chapter 5, there are Legal, policy and industrial framework different statutory instruments governing the The legal, policy and industrial framework employment of police, PSOs, public servants for responding to inappropriate workplace and executive officers and these include behaviour includes a complex range of provisions for complaints, discipline and laws, policies and agreements, which is other performance management. The relevant different for public servants and police and provisions are briefly summarised below. protective services officers. This includes: For police and PSOs • Victoria Police Act 2013 (Vic) Legislative provisions relevant to complaints • Victoria Police Force Enterprise Agreement about police and PSOs are contained in Part 2011 9 of the Victoria Police Act. This part defines • Victorian Public Service Workplace conduct and misconduct. A major difference Determination 2012 between conduct and misconduct is that where • Public Administration Act 2004 (Vic) a police officer or PSO has a reasonable belief • Independent Broad-based Anti-corruption regarding conduct of another member it may Commission Act 2011 (Vic) be reported, but misconduct must be reported. • Protected Disclosure Act 2012 (Vic) The assessment of conduct and • Equal Opportunity Act 2010 (Vic) misconduct trigger different requirements • Sex Discrimination Act 1984 (Cth) of police, PSOs and the IBAC in acting on complaints. The main differences are: • Fair Work Act 2009 (Cth) • Fair Work Regulations 2009 (Cth) • When police or PSOs receive a complaint about the conduct of a colleague they are • Occupational Health and Safety Act 2004 not required to inform anyone else about that (Vic) conduct unless they believe it qualifies as misconduct. If they have reason to believe that another officer or PSO is guilty of misconduct then they must make a complaint to a member of a more senior rank or to IBAC.345
345 Victoria Police Act 2013 (Vic) s 167(3).
Chapter 13: Actions and outcomes of formal processes 309 • Such complaints must then be referred by reports, particularly those made verbally the member of more senior rank to the Chief or by a third party, may not be acted on Commissioner (delegated to Professional appropriately. Standards Command). • The definitions of conduct and misconduct • Disclosures under Part 2 of the as defined in the Victoria Police Act (s 166) Protected Disclosure Act about the Chief share three of four of the same provisions: Commissioner must be made to IBAC.346 –– conduct which constitutes an offence The role of IBAC is discussed in more detail in punishable by imprisonment; or Chapter 5 (External context and regulation). –– conduct which is likely to bring Victoria Police into disrepute or diminish public For public servants confidence in it; or Under the Victorian Public Service Workplace –– disgraceful or improper conduct (whether Determination 2012, there are requirements for in the officer’s official capacity or employers to respond to alleged misconduct.347 otherwise). There appears to be no requirements for employees or employers to report alleged The conduct definition contains an additional misconduct to other parties other than provisions provision: of the Protected Disclosure Act discussed below –– an act or decision or the failure or refusal by the officer to act or make a decision in For executive officers the exercise, performance or discharge, Executive officers are senior public servants or purported exercise, performance or appointed under the Public Administration discharge, whether within or outside Act and their employment terms are covered Victoria, of a power, function or duty which by contract. The Victorian Public Service the officer has as, or by virtue of being, a Executive Employment Handbook 2010 police officer or protective services officer. provides that executive officers who are found These shared provisions create major to have engaged in ‘serious misconduct’ definitional confusion with a resultant risk as defined in the Public Administration of people ‘interpreting down’ misconduct Act (s 22) can be immediately dismissed complaints as conduct. This has significant without notice, counselling or warning.348 consequences because statutory requirements to act on misconduct do Protected disclosures not exist for conduct, meaning members Protected disclosures are discussed in Chapter 5. may fail to act on harmful behaviours. • Lack of guidance for police and PSOs in Issues with statutory assessing whether a person has a ‘reason requirements to believe’ that another officer is guilty of misconduct (s.167(3)) creates a similar risk. As it stands, there is insufficient information • Different legislation and policy covering available to all Victoria Police personnel to problematic conduct for police, PSOs, public assist them in acting appropriately in response servants and executive officers creates to information about problematic conduct of confusion regarding responsibilities for their colleagues. The information gaps include: reporting and responding. This confusion is exacerbated by the multiple terms used in • There is no definition of a complaint in the legislation to refer to problematic conduct in Victoria Police Act, nor is there any guidance Victoria Police personnel. in policy instruments. This means some • There is a lack of guidance in policy instruments about reporting of, and 346 Protected Disclosure Act 2012 (Vic) s 14. responding to, complaints regarding 347 As defined in cl 19.3 executive level personnel. 348 Victorian Public Service Executive Employment Handbook 2010, App. E.
310 Independent Review Chapter 10 considers other reasons why responsibility for them, as well as anyone managers and supervisors fail to act on harmful within their chain of command, should workplace behaviours and local reports about be considered a conflict of interest, those behaviours. irrespective of the status of their relationship. Together with the findings from the previous chapter Recommendation 5 details the –– There should be additional, clearly need for comprehensive work to review stated requirements for all teaching staff, and update policies with respect to mentors, supervisors and field coaches victimisation and employees behaving to refrain from improper use of their in ways that cause workplace harm. power over recruits and probationary constables. This includes participating in any sexual relationships with recruits and probationary constables. • Victoria Police provide further practical and RECOMMENDATION 5 coordinated policy guidance to all personnel on the interpretational criteria for the: –– Victoria Police Act terms conduct, Review and update all relevant policies and misconduct and reason to believe procedures to ensure they are compliant with –– Protected Disclosure Act terms – legal obligations and provide clear direction for improper conduct, and detrimental action: managers to respond effectively to workplace and harm and build gender equitable and diverse workplaces. This includes: –– Independent Broad-based Anti-corruption Commission Act term – corrupt conduct. • Ensure that the legal tests for sexual (See also Recommendation 16). harassment, discrimination and victimisation • The Victoria Police Manual be amended to are accurate and that current policies and provide information regarding complaint procedures ensure remedial action. processes related to executive level • As part of the workplace harm model, personnel. develop clear and detailed guidelines for managers and supervisors on their roles and responsibilities to responding to employees internal reports of sexual harassment, Organisational structures and sex discrimination or victimisation and complaints in a fair, safe and supportive way. processes This should include clear indication of victim safety principles and reference to the Victims Complaints and reports of sexual harassment, Charter. sex discrimination and predatory behaviour • Introduce a structured handover process for may be made by targets/victims, bystanders rotating management positions for inspector or other third parties such as supervisors. rank and above. Depending on the nature of the matter, reports may be received at one of a number of points: • Victoria Police strengthens its Conflict of Interest Policy to define sexual relationships • Local area management that can be regarded as a conflict of interest, • Human Resource Department and provides guidance for managers to • Professional Standards Command respond appropriately. • Taskforce Salus (established in late 2014 for –– The policy should include an explicit list three years) of behaviours and define the proximity of working relationships at which conflicts • Independent Broad-based Anti-corruption should be declared. For example, sexual Commission relationships between employees and anyone who has formal supervisory
Chapter 13: Actions and outcomes of formal processes 311 • Other external bodies including the Victorian iterations of this work unit have been Equal Opportunity and Human Rights named, tasked and resourced differently. Commission The response of local area management History of HRD work units has already been covered in Chapter 10. Prior to the recently established unit – Accordingly this section will summarise Organisational Standards and Behaviours existing policy and processes for Branch (OSBB) – the HRD work units responding to complaints made to the responsible for resolving issues of sex relevant central work areas of Victoria discrimination and sexual harassment Police – Human Resource Department (as well as other issues including bullying (HRD), PSC (formerly Ethical Standards and workplace conflict) were: Department, ESD) and Taskforce Salus. 2010–2015: Workplace Standards (WS) Human Resource Department (HRD) 2008–2010: Alternative Dispute For some time the Human Resource Resolution Advisory Centre (ADRAC) Department had a work unit which provides 2004–2008: Equity and Conflict a specialist response to workplace conflict Resolution Unit (ECRU) and inappropriate behaviours such as bullying, harassment and discrimination as 2003–2004: Equity and Diversity Unit (EDU) well as employee grievances. Successive
Figure 32: Formal reporting pathways for sex discrimination and sexual harassment
COMPLAINANT target/victim or bystander
Taskforce Local Management SALUS
Victorian Independent Human Professional Equal Broad-Based Resource Standards Opportunity & Anti- Corruption Department Command Human Rights Commission Commission
EXTERNAL
312 Independent Review Organisational Standards and Behaviours Alternative Dispute Resolution Advisory Branch (OSBB) Centre (ADRAC) The Workplace Standards operating The establishment of ADRAC saw a shift in model began transitioning in 2015, and in focus to alternative dispute resolution. The September 2015, was renamed Organisational Review heard that the unit trained police and Standards and Behaviours Branch. OSBB public servants to be mediators in addition is a reengineering of the former Workplace to their core duties, however Victoria Police Standards designed to reduce the focus told the Review this was not the case. ADRAC on investigations and punitive interventions. also had a strong focus on training including The remit of the OSBB is to respond to: training on sexual harassment, discrimination, victimisation, and resolving conflict. • workplace conflict and grievances (excluding matters which constitute discipline or criminal offences) for all Victoria Police personnel Equity and Conflict Resolution Unit • misconduct by public servants ECRU was responsible for equal opportunity complaints, workplace conflict referrals, The model is built on training and engagement bullying complaints and related training with local area managers to facilitate and organisational support – including interventions for resolution. The OSBB will advice and support to workplace and senior also provide telephone advice and has managers. The Review was told that ECRU access to external contractor specialists also represented Victoria Police at the then for particularly complex matters. Equal Opportunity Commission Victoria, As at October 2015, the OSBB staffing Victorian Civil and Administrative Tribunal included: one VPS6, one VPS5 and two VPS4. and the then Australian Industrial Relations Commission (now the Fair Work Commission). Workplace Standards Workplace Standards operated from 2010 Assessment of complaints to September 2015 with a remit of: Once a complaint is received by either HRD or PSC, assessment is required to classify • responding to bullying, harassment the matter for further action. The Review (including sexual harassment), observed that the level of detail in different discrimination, workplace conflict and policy instruments related to assessment of grievances for all Victoria Police personnel complaints varies substantially. As assessment • misconduct by public servants. is heavily dependent on the interpretation The unit was staffed by an inspector of legislation and other policy instruments, manager and a VPS4. the supporting guidelines, particularly those around definition, are critical. The Review was advised that the OSBB did not, at the time of the Review, have standard operating procedures or guidelines
Figure 33: Human Resource Department processing for sex discrimination and sexual harassment complaints
Complaint from: advice mediation with • target/victim intervention external contractor • local mgmt assessed investigation education/training • PSC grievance registrar
Chapter 13: Actions and outcomes of formal processes 313 for assessment, and was advised that Resourcing complaints which appear to be discrimination A number of participants expressed or harassment were forwarded to PSC concern about the inadequacy of the for assessment and intervention. Workplace Standards resourcing, one inspector and one public servant HR Initial actions practitioner, to manage the workload for Once a complaint is classified, OSBB will: an organisation of over 17,000 people. • Refer the matter back to the employee’s Some participants also discussed region or department for further appropriate the importance of having services management action delivered by appropriately qualified • Refer the matter to internal investigation or professionals with expertise in conciliation, management. This may include - mediation and conflict resolution. –– PSC, for matters that constitute criminality For example, one participant noted that: or serious misconduct There is a current gap in equity, –– Grievance Registrar, for matters that may diversity and in conflict management. be dealt with in accordance with the We need professional staff, and to have Victoria Police Manual VPMP Grievances a structure for it … There were and –– Refer the matter to external investigation/ are inherent problems with the current management; or Workplace Standards area being • Undertake investigation as deemed necessary. staffed by a sworn member … This area in particular needs a structured Investigation set up with appropriately qualified OSBB has commenced contracting professionals (female interviewee). external providers to investigate/review The Review heard that since the closure complaints received by HRD. of the ADRAC in 2010, there has been a wider capability gap in early intervention: Intervention OSBB has developed two training Since ADRAC went, things escalate packages for delivery in workplaces more quickly – there are no levels – Workplace Conflict Resolution and between an informal grievance and Professional and Respectful Behaviours. things becoming a disciplinary issue, Under the Review recommendations, so we have no mechanisms for early training in these capabilities would be intervention and resolution designed and overseen by Professional (female interviewee). Development Command (see Chapter 9). Advice for targets/victims Strengths and weaknesses of human Participants talked about the importance resource department models of having an independent and confidential At the time this Review commenced, the means through which to seek advice existing unit was Workplace Standards. As a regarding reporting sexual harassment result, the views of participants expressed and sex discrimination. Some participants in this report are relevant to that former suggested that this should include an unit (and in some cases earlier HRD units). external reporting mechanism: HRD has now reengineered Workplace Having someone to talk to without Standards into OSBB with a view to address being obliged to formally complain is some of the evident gaps. Nonetheless, the essential. ADRAC was a great example Review findings are summarised here. (executive interviewee).
314 Independent Review Support to manage matters locally organisation after initially dealing with the complainant. There were conflicts in The Review heard from many participants the model … that since the closure of ADRAC in 2010, there has been a lack of advice and … There was no accreditation, support for managers to deal with sex aptitude screening or scrutineering of discrimination and sexual harassment locally. those roles (senior manager). This is considered a critical gap and is discussed in more detail in Chapter 10. Use of alternative dispute resolution The Review heard that there were many Victoria Police has used alternative dispute positive aspects to previous human resources resolution (ADR), specifically mediation and models, including that they provided better conciliation, to resolve workplace conflict and support for targets and managers: other issues, including sexual harassment and sex discrimination. ADR has been provided Having someone to talk to without by units such as ECRU and ADRAC, by local being obliged to formally complain is managers, and by external contractors. essential. ADRAC was a great example. When I was a superintendent, they The Review heard that Victoria Police does not were fantastic. They came out and were allocate budget for a specialist ADR capability. invaluable in supporting me to manage Thus local work areas that are seeking to, or my staff. I had significant people issues instructed to, use mediation or conciliation to with a lot of litigious members … They address workplace issues must fund external were great (executive interviewee). contractors themselves. The Review also heard concerns about the use of mediation internally, … managers could call them for help. including the need for appropriate expertise, They would come out … and be part of processes, independence and outcomes: the process. There is no one to do this now (senior manager). Personally I don’t think any conciliation/ mediation in Victoria Police has been The Review also heard mixed views good or appropriate, and I have only ever on the efficacy of these units: heard horror stories – about the people Why did [ECRU] fall over? Partly, there doing it, their skills, the process and the was too much of a load on a few staff outcomes. … They had people without as part of a centralised service. There expertise, where a whole lot of expertise should have been a decentralised or is required (female interviewee). outreach aspect to lighten the load. A number of participants were also concerned In other words, more responsibility about the appropriateness and safety of needed to be placed on local local managers conducting mediation and management to take action and own conciliation. In particular for attempting to the resolution of cultural issues when ‘resolve’ complaints of sexual harassment they arise (executive interviewee). or discrimination as ‘workplace conflict’, or as early intervention for such complaints. We used to have [ADRAC]. Issues did not seem to be drawing to a The following week, two of the supervisors conclusion, so no files were closing. called me into an office and asked me if Some matters went on for years and the it was true. They pointed out to me that it non-closure was damaging to people was a serious allegation. I burst into tears. … (senior manager). They asked me what I wanted to do about it. One of them said, “the options are I ECRU had an unusual role, some can go talk to him, or we can bring him up would say conflict of roles, where if and you can confront him”. They were my matters couldn’t be resolved, they choices. I had a panic attack when one went to the Equal Opportunities of the supervisors went to get the [the Commission Victoria. It represented the
Chapter 13: Actions and outcomes of formal processes 315 perpetrator]. … The supervisor who had However the Review is recommending gone to get him was his best mate. [the significant reform to prevention and perpetrator] walked in and I froze. It was response detailed later in this chapter. an awful feeling. I forgot what I was going to say. He said he had got a run down on Lack of transparency the allegations … He told me he didn’t The failure of HRD units responsible for recall any of the things I was talking about responding to harmful workplace behaviours and told me that he was sorry I felt that to develop and use standard operating way. While this discussion was happening, procedures and other tools (for example, the two blokes were sitting on the other classification and assessment matrices) side of the table facing me. It was very has been concerning. This creates risk of intimidating (female interviewee). inconsistency in procedure and decision- The Victoria Police Act allows for the Chief making aspects of response, leaving those Commissioner to attempt to resolve complaints involved open to questions of bias. The Review made to a police officer or protective services heard from participants who were unhappy with officer about a police officer or protective the outcome of their matter but were unable services officer by conciliation.349 Also, the to get information about how decisions had Independent Broad-based Anti-corruption been made. The lack of transparent process Commission Act allows for the IBAC to left them with no option for appeal or review, attempt to resolve a ‘police personnel conduct which is particularly concerning in cases complaint’ by conciliation. 350 While noting involving misconduct in public servants. these provisions, the Review considers that conciliation and mediation should not, under Professional Standards Command any circumstances, be used for resolving PSC is the central area responsible for complaints of sexual harassment. ethical health and integrity in Victoria Police. PSC provide the following services: ADR should only be provided by independent • intake and assessment of complaints about trained experts in appropriate circumstances. Victoria Police personnel from internal and Mediation or conciliation should not be external parties provided by local managers or parties • investigation of criminal behaviour in police involved in other complaint response personnel, intelligence and integrity testing processes such as investigation to address • advisory, consultancy and review of local sexual harassment. area investigations, critical incidents, complaint management and employee management The use of mediation and conciliation • proactive, intelligence based identification is considered below as part of the and response to probity issues, and strategic proposed Workplace Harm Model. research Since the closure of ADRAC in 2010, the • development of reference materials, Review heard that there has been a gap in standard operating procedures, policies and providing a centralised unit with the capacity training that support professional standards and resources to effectively triage reports, • primary point of contact within Victoria Police provide advice to staff and managers, and for external agencies regarding the above. link employees with appropriate supports. The Review notes that the newly configured Structure OSBB and the outsourcing of complaint The current structure of PSC reviews to external investigators goes toward includes eight divisions: addressing some of the capability gaps. • The Office of Assistant Commissioner 349 Victoria Police Act 2013 (Vic) s 170(2). oversees PSC operations and the 350 Ibid s 64(2). Assistant Commissioner holds the Chief
316 Independent Review Figure 34 Professional Standards Command processes
Triage, tasking and allocation of complaint files
Complaint from: Classification • Target/victim Assessment Dismiss Correspondence • Bystander by Police Intelligence Local mgmt • Local mgmt Conduct Report resolution file Unit PSC • IBAC Refer for • Other Management Investigations Intervention no intervention Division If required Refer for yes model Protected Investigation Category 1 disclosure Preliminary assessment send Category 2 Investigation to IBAC (if indicated) by Preliminary recommendation for Region/ Investigation Team initial action (suspend, Command transfer, etc.) Assessement by IBAC via EPSO • Dismiss • Investigate AC PSC • Refer back to PSC for approval
KEY PSC – Professional Standards Command AC – Assistant Commissioner IBAC – Independent Broad-Based Anti-Corruption Commission EPSO – Ethical & Professional Standards Officer
Commissioner’s delegation for disciplinary Advisory Unit (DAU), which manages a matters. range of functions relevant to the discipline • The Conduct and Professional Standards process including preparation for and Division (CPSD) manages the intake and attendance at discipline hearings. assessment of all complaints. It includes • The Intelligence Division provides tactical the Ethics & Professional Standards Officer and strategic intelligence support to the (EPSO) network which provides liaison with Investigation Division, PSC and regional regions/commands. CPSD also manages investigators and commands. It is also protected disclosure referrals from the IBAC, responsible for the IT infrastructure through the Ombudsman. associated with data related to complaints, • The Investigations Division investigates serious incidents and probity assessment of serious corruption/criminality and Victoria Police employees. misconduct. It includes the Discipline
Chapter 13: Actions and outcomes of formal processes 317 • The Support Services Division provides Resourcing investigative support and integrity testing. At the time of writing, PSC had a staffing This includes telecommunications and data profile of just over 184 FTE employees for monitoring and human source management. around 200 FTE positions, with an 80:20 • The Risk Mitigation Division provides advice, ratio of police to public servants.351 analytical support, strategic research and project management on ethical health issues Taskforce Salus and risks. Taskforce Salus was established at the • The Police Integrity Initiatives Division same time as this Review. It was set up as a develops integrity initiatives and educational standalone taskforce to investigate allegations packages to improve the complaint of sex discrimination, sexual harassment management and investigative process and and predatory behaviours by members of promote ethical health. Victoria Police with a view to taking criminal or • The Forensic Investigations Division provides disciplinary action where appropriate. Salus has financial and information technology been established with the following objectives: support to PSC and other Victoria Police investigations. • investigate predatory behaviour committed by Victoria Police personnel
Figure 35: Divisional investigations
Investigation Process ACTION • no charge EPSO brief finalisation • workplace inc. notification of guidance divisional all parties • admonishment superintendent investigate including divisional • MIM liaison with: complete superintendent brief with allocate to • victim/target Approval investigator • alleged offender recommendation • witnesses EPSO • affected workplaces Charge issued criminal or breach of discipline AC/Director KEY approval EPSO – Ethical & Professional Standards Officer
PSC – Professional Standards Command PSC MIM – Management Intervention Model Discipline Advisory Unit AC – Assistant Commissioner for action
Disciplinary Criminal other inquiry process actions
351 Professional Standards Command workforce establishment dated 17 September 2015 provided via email communication from the Office of the Assistant Commissioner PSC. • investigate sex discrimination and sexual Where additional information is needed harassment committed by Victoria Police before classification can be made, the PSC personnel against current and former Preliminary Investigation Team is tasked Victoria Police personnel with gathering relevant intelligence. • identify, review and further Previously complaint files were subject to a investigate reported matters initiated tasking and coordination process following from 1 January 2011 initial assessment to confirm classification; • analyse, profile and understand the however files are now classified by PCU environment that enabled these behaviours. team members and reviewed by supervisors In order to assist in protecting the confidentiality before being progressed for action. This of people who wish to report, Salus is located has enabled more timely processing. away from any Victoria Police premises in a The Review was advised that complaints commercial office complex in inner Melbourne. regarding sex discrimination, sexual As at October 2015, Salus employed harassment and predatory behaviour are now 21 staff, including 11 investigation staff, provided to Task Force Salus for assessment. five intelligence operatives, a victim/ If Salus deems the matter to be within its witness welfare support person, HR, scope, then responsibility for initial actions business and information support staff. and investigation remains with Salus.
Initial actions Assessment of complaints The initial actions taken by PSC in regard to complaint files depend on how the matter The complaint handling is represented in is categorised. One group of files does not Figure 34. Once a complaint is received require further investigation are referred by PSC, assessment is required to classify to work area managers for interventions the matter for further action. The Review including Local Management Resolution or observed that the level of detail in different Management Intervention Model. These LMR policy instruments related to assessment of and MIM files, require a response to PSC complaints varies substantially. As assessment from local managers within a timeframe, and is heavily dependent on the interpretation are returned to PSC following completion. of legislation and other policy instruments, the supporting guidelines, particularly Files requiring investigation are allocated those around definition, are critical. according to the PSC Accountability and Resource Model (ARM) which is used PSC receives complaints from the community, to determine response to complaint files other agencies as well as from within Victoria which require investigation. This ARM is Police. The Police Conduct Unit (PCU) of subject to revision on an annual basis PSC is responsible for the assessment and and utilised two main categories: classification all incoming complaints. • Category 1 files, which make up around ten The PCU use a number of locally developed per cent of all files, are investigated within processes and guidelines for assessing PSC by the Investigations Division. complaint files. These include the Complaint • Category 2 files are allocated to regions Classification Matrix which provides guidance or commands (at divisional level) for on classifying complaints into one of three investigation by their personnel. EPSOs act categories based on the nature of the matter as liaison between the divisional commander and the action required. There are also and investigator in the region/command, and guidelines to assist in identifying matters which PSC. must be referred to IBAC for consideration as a protected disclosure. These guidelines Under the 2015/16 ARM “allegations of contain working definitions of conduct contravention of equal opportunity, anti- and misconduct and reasonable belief. discrimination and/or equity and diversity legislation within a work unit are in category
Chapter 13: Actions and outcomes of formal processes 319 2.” The ARM also states that for these Management Intervention Model; breach matters “notification must be made to of discipline charge, criminal charge. HRD Workplace Standards Division.” A number of participants discussed the The Review notes that this ARM did not take into heavy burden of these investigations, account Task Force Salus; and it is understood additional to their usual duties, including that current practice is to refer all matters within being victimised and ostracised themselves: the scope of Salus to it for consideration. It was only because I was being Category 2 files, which may include criminal or proactive about the case that anything breach of discipline matters,352 are forwarded got done (there are competing to regions/commands through the EPSO. It local priorities which affects the is up to the divisional commander to allocate investigation response). With that sort the file for investigation. Around 90 per cent of investigation, if you don’t look, you of investigations are undertaken by regional/ don’t get. Others may not have followed command personnel; however there are no up all the avenues of enquiries (The dedicated positions for such investigations. quality control of investigations varies As well as this capacity issue, specialist greatly). There are no incentives to do capability is also a problem. Sometimes these the work well as there are other core personnel do not have investigator training, business priorities. let alone specialisation in sexual offences. I work with his … colleagues, and would A two day course, the Integrity Management bump into him when I was getting a Program (formerly the field investigator’s coffee – it was terrible. Some people course), is available to personnel (sergeant won’t talk to me anymore. People who get and above) who may undertake these allocated this work have these pressures investigations; however it is not mandatory. put on them, but there’s no support from When allocated a file for investigation, there anywhere (male interviewee). is an onus on the divisional investigator Participants also expressed concerns about to declare any conflict of interest. conflicts of interest and quality assurance. Divisional investigators are required to The Review heard from a number of dedicated undertake the discipline investigation in investigators, noting that many of them had additional to their normal duties. While specialist training in sexual offences: EPSOs act as liaison their capacity to provide support is very limited, both The SOCIT work provide[s] me the because of the burden of the role, but also experience and knowledge for working because there has been no dedicated with victims, understanding the harm, training required to undertake the role. and doing these sexual behaviour To assist, PSC has recently introduced teams internal investigations comprehensively of PSC investigators who can be made (male interviewee). available to assist divisional investigators. The Review also heard instances of ineffective The divisional investigator is responsible and potentially harmful practices. for communication with victims and I got a letter saying that my complaint alleged perpetrators regarding the was unsubstantiated, but I had never course of the investigation. even spoken to the investigator. He had At completion of the investigation the file spoken with the harassers, but not with and recommendation for outcome goes me (female interviewee). to the investigators’ divisional commander and the EPSO for review and endorsement. Reports made by members as victims Possible recommendations include: No of sexual offences are not treated action; Workplace guidance; Admonishment; as confidential within the workplace. Investigation was incomplete; victim 352 As defined in Victoria Police Act 2013 (Vic) s 125.
320 Independent Review did not ever meet Informant, and victim Decision making on investigation statement was never obtained. Even when SOCIT notified, all members of outcomes the station were aware within days. Victim (i.e. VicPol employee) became Following consultation with the EPSO, if a subject to bullying and isolation. … breach of discipline355 or criminal charge is (female survey respondent). approved to proceed, the file is returned to the investigator to compile the brief and to notify the subject member and complainant of the Issues with investigations outcome. The completed brief is reviewed by the divisional commander and EPSO before Civil standard of proof being approved by the regional commander/ departmental director then forwarded to the Breaches of discipline operate in the civil Discipline Advisory Unit (DAU) of PSC. jurisdiction and as such the burden of proof is the balance of probabilities. In a law The Review notes that while there are enforcement organisation that regularly applies supervision and quality assurance imperatives the criminal standard of ‘beyond reasonable around this process, it both prolongs the time doubt’, operating with this ‘lower’ standard in taken to finalise investigations and increases employment matters presents challenges. risks to the confidentiality of the process.
The Review heard that some investigators and You have three months to do the PSC personnel struggle to shift their reasoning investigation, then it goes up the and decision-making regarding evidence line in your own division, to the to be consistent with the civil standard. superintendent, then to the EPSO, then PSC will review it and consider Application of the Briginshaw rule interim actions, then it goes to the An additional complication is the application of disciplinary conduct unit, they sort the Briginshaw ‘rule’ regarding consideration out the disciplinary hearing and let of the nature and consequences of the facts you know what witnesses have to to be proved when applying the balance attend … Having it go through your of probabilities.353 According to the Office own chain of command compromises of Police Integrity (OPI), Victoria Police has the confidentiality. At one point, the misapplied the Briginshaw rule in dismissal Superintendent was supervising the circumstances, creating a standard of proof person [that was being investigated] close to the criminal standard. The OPI (male interviewee). cited advice from the VGSO explaining that Once a person has been charged with a Briginshaw in fact relates to the ‘requisite breach of discipline or criminal offence, the 354 strength (or standard) of evidence’. Chief Commissioner has the power under the Victoria Police Act to take the following interim actions: transfer them to other This is particularly crucial in investigating and duties; direct them to take accrued leave considering matters of sex discrimination or; suspend them with or without pay.356 and sexual harassment under the Equal Opportunity Act, which do not require a Role of the Director of Public Prosecutions criminal standard of proof to be found unlawful. There are legislative requirements for Victoria Police regarding consultation with the Director of Public Prosecutions (DPP) on some decisions to proceed with breach of discipline charges.
353 Briginshaw v Briginshaw (1930) 60 CLR 336. 355 Victoria Police Act 2013 (Vic) s 125 sets out the conduct that may amount to a breach of discipline. Depending on the circumstances, 354 Office of Police Integrity Victoria, A Fair and Effective Victoria Police this may include sexual harassment or sex discrimination. Discipline System – Appendix Three – Advice about the standard of proof from the Victorian Government Solicitor (October 2007) 96. 356 Victoria Police Act 2013 (Vic) ss127(4) and 135(2).
Chapter 13: Actions and outcomes of formal processes 321 Where there is a reasonable belief that a Scheduling criminal and disciplinary member has committed one or more specified processes criminal offences, PSC must consult the DPP In cases of alleged misconduct by a public before charging the member with a breach of servant that are subject to a criminal investigation discipline.357 For any other offence, PSC may or proceedings, Victoria Police is not required to consult the DPP before charging with a breach delay or cease the disciplinary process, but may of discipline.358 These provisions are intended exercise its discretion to do so.362 to ensure that the police discipline system is not used instead of the criminal justice system.359 However, for police and protective services officers, Victoria Police has a practice of Although not a legislative requirement, for any delaying disciplinary processes until any criminal criminal offence, regardless of whether the proceedings are finalised. This practice often alleged offender is a Victoria Police employee or leads to long delays in determining disciplinary not,. Victoria Police (PSC) can prior to charging, charges, during which an officer may be seek advice from the DPP as to whether the suspended with or without pay.363 The delay Director would prosecute the charge(s) or and uncertainty can have a significant impact not.360 This consideration is made by the Crown on targets/victims of inappropriate workplace Prosecutor and is based on two factors – a behaviour, as well as the accused person. reasonable prospect of conviction; and being in the public interest. The factors considered in Under this practice alleged offenders may be the exercise of this prosecutorial discretion are found guilty of a criminal offence and appeal articulated in a policy document available on the finding before the disciplinary process even the Office of Public Prosecutions’ website.361 begins. This can take up one or more years during which time the person has been on leave The Review heard from a number of with or without pay. participants who believed the DPP were unwilling to prosecute cases in which the Coercive powers alleged offenders were police. The Review heard that one of the reasons for OPP need to be more prepared to go delaying discipline proceedings until criminal out on a limb and prosecute. It does proceedings are finalised was related to the not look good for VicPol when a brief coercive powers for disciplinary investigations. is approved by numerous departments (including PSC and Sex Crimes) but Under the Victoria Police Act, the Chief the OPP recommends it not proceed. Commissioner may direct a police officer They need to be prepared to take a risk or protective services officer to provide (female survey respondent). information, produce any document or answer any question relevant to a complaint of a However, the Review is aware of a number of possible discipline breach.364 current and recent cases involving police as alleged offenders that have been approved The report of the Inquiry into the command, for prosecution by the DPP with charges management and functions of the senior subsequently laid. structure of Victoria Police, noted that the practice of delaying discipline proceedings until criminal matters are finalised is ‘due to a concern to avoid any risk of interfering with members’ concurrent rights to silence, to
357 Ibid s 127(2), with relevant offences listed in sch 4. 358 Ibid s127(3). 359 Victoria Police Bill 2013 (Vic), explanatory memorandum, 51.
360 Director of Public Prosecutions Victoria, Directors Policy 362 Victorian Public Service Workplace Determination 2012, AG895510 Prosecutorial Discretion, 24 November 2014 (www.opp.vic.gov.au/ (23 July 2012) cl 19.14. getattachment/5b830306-a17b-4ada-9078-6982539d44ac/2-The- Prosecutorial-Discretion.aspx). 363 Victoria Police Act 2013 (Vic) s 135. 361 Ibid. 364 Victoria Police Act 2013 (Vic) s 171(1).
322 Independent Review be presumed innocent and to receive a fair Unfortunately, the practice of hearing’.365 conducting discipline hearings as quasi-criminal trials encourages the However the Review notes that while a failure to perception of double jeopardy because comply with a direction to provide information of the appearance that the discipline is a breach of discipline in itself, any answer proceeding is a form of court hearing. provided is not admissible as evidence in criminal proceedings.366 It also does not In 2007, OPI recommended that, abrogate the privilege against self-incrimination. following consultation with the Director of Public Prosecutions to ensure the Standard of proof criminal trial would not be prejudiced, As noted previously, the civil standard of proof Victoria Police should proceed to in disciplinary matters (on the balance of address substandard conduct rather probabilities) is not the same as the criminal than delay action until the criminal trial is standard of proof (beyond reasonable doubt). complete. OPI considered that if Victoria This means that a disciplinary charge may be Police had reason to believe the conduct proved, and a person may be dismissed, even of a police member required attention, if a criminal prosecution is not successful.367 then the organisation had a duty to address that conduct expeditiously.368 In 2011, the OPI reiterated its earlier concerns about Victoria Police not pursuing discipline Issues with current practice outcomes until criminal proceedings are finalised: The Review considers the Victoria Police practice of delaying disciplinary processes OPI observed in 2007 that the practice until criminal processes are finalised: in Victoria Police was not to pursue • creates unnecessary delay and uncertainty discipline outcomes for incidents where for targets/victims and accused (thereby criminal proceedings were underway causing additional harm) until the criminal proceedings were finalised. • entrenches the misconception that disciplinary matters must be proved beyond Reasons given in support of the reasonable doubt practice included that it is an ‘abuse of • causes additional unnecessary cost where a process’, that the discipline subject’s person is ultimately dismissed but has been rights at trial would be prejudiced and on a lengthy period of leave with pay that pursuing both disciplinary and • is out of step with broader practice in the criminal outcomes would constitute Victorian public and private sectors. ‘double jeopardy’. The Review considers that like other In OPI’s view, an employer is often employers, it is imperative for Victoria Police required to address the behaviour of an to immediately address disciplinary issues. employee, even where that behaviour The starting point should be to pursue is also the subject of criminal action. disciplinary matters concurrently with criminal Taking action in response to a suspected processes unless there is a real risk that doing criminal act does not constitute double so will prejudice a criminal proceeding. jeopardy. Double jeopardy is being tried or sentenced twice for the same offence. As included in Recommendation 16, following The rule does not apply in the civil consultation with the Director of Public jurisdiction, let alone the administrative Prosecutions, Victoria Police should pursue and employment environment. conclude disciplinary charges concurrently with
365 State Services Authority Victoria, Inquiry into the command, 368 Office of Police Integrity Victoria, Improving Victoria Police management and functions of the senior structure of Victoria Police discipline and complaint handling systems: A progress report (November 2011) 35. (2011) 18. Also see Psychology Board of Australia v Ildiri 366 Victoria Police Act 2013 (Vic) s 171(3). (Occupational and Business regulation) [2011] VCAT 1036 [33]-[34], which found that the double jeopardy right under the 367 Office of Police Integrity Victoria, A Fair and Effective Victoria Police Charter of Human Rights and Responsibilities Act 2006 (Vic) is not Discipline System (October 2007) 66. engaged in disciplinary proceedings. Chapter 13: Actions and outcomes of formal processes 323 Figure 36: Satisfaction with reporting/complaint process
28.4% 17.9% 23.9 20.9% 7.5% All
Very dissatisfied
Dissatisfied
Men 26.9% 19.2% 23.1% 23.1% 5.8% Neutral
Satisfied
Very satisfied
Women 35.7% 14.3% 21.4% 14.3% 14.3%
criminal investigations/proceedings unless there lawyer.371 TPAV provides their members with is a real risk that the disciplinary matter will discipline advocates for this purpose. The prejudice the criminal proceeding. Chief Commissioner is represented by the Discipline Advisory Unit. The Review notes the Discipline inquiries Victoria Police Act does not include provision Victoria Police conducts its own discipline for the representation or support of victims or inquiries.369 Previously assistant commissioners witnesses in disciplinary inquiries. and deputy commissioners were authorised by the Chief Commissioner to act as inquiry Criminal hearings officers. For some time there were concerns Criminal proceedings against Victoria Police with consistency in the determination of members are progressed through the normal discipline charges and sanctions. In 2014, a court processes for these matters. Dedicated Hearing Officer (DHO) model was introduced with a commander appointed to the Sanctions position. For criminal charges found proven, the court Feedback from participants regarding the determines a penalty. change to the DHO model has been largely In addition, Victoria Police as the employer, positive in terms of consistency of outcomes. has the power to impose a sanction for proven However there is a view that to ensure the rights charges of breach of discipline and proven and safety of victims are prioritised, anyone charges of criminal offences punishable by who undertakes this role should have specialist imprisonment.372 The same sanctions, with one training in responding to sexual assault minor difference, are available for both: including its impact on victims. • Reprimand Under the Act the procedure of the inquiry is at the discretion of the DHO but they are bound by • Fine rules of natural justice.370 • Period not eligible for promotion or transfer up to 2 years The person charged may appear at the inquiry or be represented by someone but not a • Reduce rank or seniority
369 Victoria Police Act 2013 (Vic) ss 129–30. 371 Ibid s 131(1). 370 Ibid s 131. 372 Victoria Police Act 2013 (Vic) s 136. 324 Independent Review Figure 37: Approximately how long did it take to finalise the complaint form when it was first reported to being notified of the outcome?
38.6%
17.1%
11.4% 10.0%
5.7% 5.7% 4.3% 4.3% 50 2.9% < than 3 to 6 to 12 Between 1 Over The No action Don’t Not 3 months 6 months months to 2 years 2 years complaint taken know specified has not been finalized yet
• Reduce remuneration because the conduct is dishonest, • Transfer to other duties criminal or corrupt or because remedial action has been tried but been proven • Dismiss ineffectual.373 The difference is that for proven charges of breach of discipline, the hearing of the inquiry The Review has been made aware of may be adjourned together with a good perpetrators of sexual harassment and other behaviour condition for up to 12 months or any sexual offending who have remained in the other condition; whereas for proven charges of organisation following disciplinary processes. criminal offences punishable by imprisonment, the determination may simply be made for the good behaviour condition for up to 12 months or Experiences with the response to any other condition. formal reports The 2007 OPI review recommended that all In the previous section, the Review described discipline sanctions other than dismissal/ the current organisational processes for termination be removed due to their resolving complaints of sex discrimination ineffectiveness in compelling good behaviour. and sexual harassment, including predatory Punitive action will only be taken if behaviour. The Review also sought to understand the conduct of the police member is how these processes work in practice from the such that the person should no longer 373 Office of Police Integrity Victoria, A Fair and Effective Victoria Police remain in Victoria Police. This may be Discipline System (October 2007) 54.
Chapter 13: Actions and outcomes of formal processes 325 victim/target’s perspective. The Review asked not advised of the outcome of their complaint, a number of questions of survey participants with some believing that no action was taken in who had made a formal complaint or report response. about sexual harassment. The questions covered timelines, outcomes and the overall process. The Satisfaction with timelines findings are discussed below. Survey participants were also asked to rate their satisfaction with the time taken to resolve the Satisfaction with the reporting / complaint complaint. process Around 40 per cent of participants were When the sexual harassment was the subject dissatisfied or very dissatisfied with the of a formal complaint, survey participants were resolution time. Dissatisfaction was highest asked to rate their satisfaction with the process. in men (50 per cent versus 37 per cent for Around 28 per cent of participants were women). Satisfaction rates were similarly low satisfied or very satisfied with the overall across genders with only 26 per cent of women process, while 46 per cent were dissatisfied and 21 per cent of men rating themselves as or very dissatisfied. Rates of satisfaction and satisfied or very satisfied with the complaint dissatisfaction were similar across genders. resolution time. Dissatisfaction with timeliness of complaint resolution was frequently cited by These satisfaction levels compare unfavourably participants. to those found in ADF members, where 40 per cent of women and 51 per cent of men Timeliness of any interaction needs to were satisfied or very satisfied with the overall be immediate. Victoria Police does not complaint process. 374 have a clear process which only adds to the time it takes for action to be taken Timelines for responses (female survey respondent). The Review found that in nearly 40 per cent But some people only had a handful of cases, complainants were advised of an of emails, they had to wait 12 months outcome within three months. for their hearings, there was no welfare However many interview participants identified support for them and people were torn slow resolution of discipline matters as a apart (female interviewee). significant issue for targets/victims, accused people and workplaces. Also a number of Increase the speed of investigations interview participants spoke of waiting more than (male survey respondent). a year before being advised of an outcome of their complaint. One participant told the Review: Outcome of reporting The outcomes and impact of reporting for The time it takes to resolve matters, so targets/victims is discussed in Chapter 12. far [that case has] been 2+ years and matter is still unresolved for everyone Survey participants whose sexual harassment involved (female survey respondent). was the subject of a formal complaint or report were also asked to indicate if their As can be seen in Figure 37, around nine harassers experienced any of a range of per cent had waited more than a year for the outcomes from the reporting. Twenty two per outcome. cent of participants indicated there were no These findings indicate that while just over half consequences for the alleged perpetrator. the complaints were finalised within one year, The most common outcome of the reporting a notable proportion were protracted either by for the alleged harasser was being spoken investigation and/or court processes. It is also to (63 per cent). Other sanctions included: concerning that a number of participants were formal warning (13 per cent); discipline (10 per 374 Australian Human Rights Commission, Review into the Treatment of cent); criminal charges (6 per cent); dismissal Women in the Australian Defence Force – Phase 2 Report, app N: Sexual Harassment Prevalence Survey, Prevalence and Nature of (5 per cent) and demotion (2 per cent). Other Sexual Harassment in the Australian Defence Force (2012) 508.
326 Independent Review outcomes included transfer (9 per cent) and Stop internal investigations against changes to duties or roster (6 per cent). In those with a badge looking like a ten per cent of cases the alleged perpetrator cover up (ie: nothing is ever thoroughly resigned or retired. Nine per cent of participants investigated against a sworn member indicated the alleged perpetrator was supported when it is conducted by another sworn by colleagues following the formal complaint. member) (male survey respondent). Survey participants’ rates of satisfaction with Concerns with impartiality were strongest for the outcome of their complaint was low overall. investigations and other responses undertaken Satisfaction varied across genders with 14 by local management: per cent of men and 29 per cent of women satisfied or very satisfied with the outcome of Complaints should not be handled the reporting / complaint process. There was at station level. If a person wants to little difference between genders in the levels of report such instances then it should dissatisfaction (47 per cent for women and 50 be via an entirely independent section per cent for men). within Victoria Police, but not ESD. Station OIC’s are sometimes part of the The above measures, in particular whether problem, and sweep complaints under reporting led to the harassment stopping, are the carpet as they don’t want their appropriate indicators for Victoria Police to use station flagged … in measuring effectiveness of their response to (female survey respondent). reports of workplace harm. Remove the investigations from The need to evaluate the effectiveness to the Victoria Police members. The first organisational response to reports of workplace thing most supervisors who get one harm is considered within the context of a of these files to investigate think about workplace harm model discussed later in is how it affects them. There is little this chapter. It should include as a minimum: independence in these investigations outcome categories like those used in the when conducted at a more local level Review survey; time to finalisation; and target/ and the likelihood of an outcome in victim satisfaction. the complainant’s favour is next to zero (male survey respondent). Issues with responses to However there was also distrust in the formal reports discretion exercised by some senior managers responsible for endorsing investigation Considering both the organisational response outcomes: to formal reports and the victim/target’s They do initial investigation. Sometimes experiences of these processes, the Review won’t call it an investigation … If the has established a clear picture of the structural outcome they’re looking for is not found issues associated with formal reporting. These … they don’t want to find [it] because issues include elements of policy, practice and it reflects up the line … and the person culture. puts in a grievance, then they bring in independent mediator. Most of Independence the mediation companies are run by There were strong views about the ability of ex-police. The majority they don’t find police to be impartial when investigating other proven (male interviewee). police: Information management It is not just about sexual or predatory behaviour. Police should NOT A number of participants spoke of barriers investigate police (male survey to effective response created by an inability respondent). to access historical data on employees’ past performance, especially regarding sexual
Chapter 13: Actions and outcomes of formal processes 327 harassment, sex discrimination and other More open and transparent. The inappropriate behaviour. department appears to try and sweep things under the carpet, afraid they will The information systems of ADRAC, ECRU look bad. More worried about public and Workplace Standards were standalone image than protecting its workers (male databases. The PSC information system survey respondent). ROCSID does not hold all complaints received. PSC have adopted a more recent practice The need for transparency around workplace of recommending people submit information interventions and investigations is an important reports regarding these and other behaviours factor in ensuring accountability at all levels. which are not subject to formal complaints into In implementing the workplace harm model the intelligence system Interpose. set out in Recommendation 14, Victoria Police, There is also Victoria Police policy in place that informed by the Workplace Harm Unit, should: the Professional Development Assessment • publish aggregate data on complaints (PDA) system is not used by supervisors to including information about the types of record management interventions around behaviour and outcomes on the Victoria inappropriate behaviours. Police intranet. Thus unless a complaint has resulted in a • reinstate use of de-identified discipline case formal disciplinary sanction or criminal charge, studies as learning tools (ensuring materials there is no history of inappropriate behaviour are reviewed by victims and targets for de- available for probity, intelligence, investigation or identification). disciplinary purposes. • use the Workplace Harm Unit and HRD to … there was one case that has stuck ensure affected workplaces receive timely, with me. There was a senior sergeant independent and transparent information on who was sexually harassing women. investigations and outcomes to the extent I wanted him to get the sack. He got possible. demoted. I couldn’t understand why it wasn’t predatory behaviour. I had a few Treatment of targets/victims independent reviews with a forensic Many participants shared their observations psychologist, They said there was no regarding differing treatment of alleged history of predatory behaviour. But I perpetrators and internal targets/victims. knew he was a predator. He had hidden The impression is that alleged perpetrators his past and it got lost. The thing that are provided with strong support in terms of hampered me from doing what needed advocacy, legal assistance and welfare. Whereas to be done was the hidden history of for targets/victims, there is little assistance: this person (executive interviewee). Our job as police is to investigate, if we treated victims of crime the same Transparency way we treat our own victims of sexual There was strong support for publishing harassment then there would be public aggregate data on complaints and their uproar! It is a pathetic and flawed system outcomes. Some participants also suggested that has let down victim after victim and publishing de-identified case studies, a practice Victoria Police has no idea the ongoing which has been used historically. negative effects and impact this has on so many lives. We are voiceless and Bring it out more into the open the powerless, and when we do speak up, extent of the problems and the we get moved just to make life harder frequency they occur for others to and punish us for speaking out in the first see so that people stop saying its place and the harasser gets to stay in the not a problem and they realise it is workplace like nothing ever happened, it’s and hopefully more people can more disgusting (female survey respondent). actively support those being subjected to it … (male survey respondent).
328 Independent Review Vic Pol needs to be supportive of victims This issue was previously raised in the Office of of complaints of this nature. … I see it Police Integrity report375 which recommended time and time again where it is known the Victoria Police discipline system use that a member is a predator with multiple remedial or rehabilitative responses for all but victims and the victims are too scared of the most serious discipline matters. the ramifications if they make a complaint (male survey respondent). … you need to challenge behaviour with consistency and accountability. This issue is discussed in more detail in If behaviour is not serious enough to Chapter 11. warrant sacking someone, you need to think about how to improve their Insufficient response options behaviour. It’s about rehabilitation if they A number of participants described the remain in the organisation. We often don’t organisation’s response to formal complaints as have a plan to deal with inappropriate overly ‘punitive’ and ‘adversarial’. This appears behaviour and you also need to know to be both a reflection of the legislated discipline how to test the plan – how do you know if process being akin to a military court martial it’s working? (executive interviewee). system and the current lack of alternative HR- As noted elsewhere in this report, a focus on oriented interventions. less adversarial process and restorative justice Along with the treatment of victim/targets does not preclude holding people to account discussed above, this is likely to be a driver for their behaviour and taking clear and serious of underreporting. The Review’s findings from action, including criminal action. the previous chapter were that 20 per cent of survey participants who had experienced Lack of consistency sexual harassment did not report because they There is a widespread view that discipline were concerned about negative consequences processes are not applied equally across all for the alleged perpetrator. Some participants sectors of the workforce, with higher ranks/ told the Review that they would have preferred grades appearing to be immune to discipline a response that was ‘formal’ in that matters and sanction. were recorded and the alleged perpetrator was spoken to, but did not involve a discipline If a junior member commits predatory investigation and potential charge. behaviour management seem to deal with it but when management are committing bullying/sexist behaviour towards females it When you are encouraging people to seems to be swept under the carpet (female report, they look for a balanced response survey respondent). in proportion to the offending. The whole workplace and peers see this – they see the … the higher ranks will be virtually untouchable unless an independent unit is management intervention was reasonable … formed that is not overseen by high ranking This is true especially at early stages where officers. Many years ago I was told by … people can see that you have intervened that no-one over the rank of superintendent early and people can see the intervention could be touched if a complaint was made. and the attitudinal change. This encourages I have no reason to believe anything will reporting. They see they haven’t sacked have changed (male survey respondent). him, they have clearly supported the victim – and it demonstrates management and A number of participants also talked of organisational commitment (executive an apparent phenomenon of rewarding or interviewee). compensating senior personnel who had been subject to investigation for complaints. Such ‘rewards’ included promotion, upgrading and transfer to more desirable roles.
375 Office of Police Integrity Victoria, A Fair and Effective Victoria Police Discipline System (October 2007) 51. Chapter 13: Actions and outcomes of formal processes 329 CASE STUDY The Review heard a senior constable at a metropolitan station was investigated for sex offences against multiple women, including community members and police members. Some years earlier the senior constable had transferred from another metropolitan station following complaints about his behaviour there. The new workplace was not advised of this history, nor was it recorded in any Victoria Police systems. The Review does not know if any formal intervention occurred at the former workplace prior to the senior constable’s transfer. The senior constable, who was described as ‘charismatic’ and an ‘informal leader’, had close relationships in the workplace. The Review was told that some station supervisors had been told of specific incidents of inappropriate behaviour by the senior constable however it was not until a community member made a formal complaint that the full scope of his offending was revealed. PSC undertook an investigation and compiled a brief of evidence for criminal charges including indecent assault. This brief was sent to the Director of Public Prosecutions for advice on whether charges, if laid, would be prosecuted. The advice received from the DPP was that the Crown Prosecutor would not proceed with prosecution of the charges. On this basis, PSC did not lay criminal charges against the senior constable. Instead he was charged with breach of discipline. These charges were heard by the Victoria Police Dedicated Hearing Officer. Prior to finalisation of the discipline process, the senior constable resigned. The resignation was accepted by the Chief Commissioner. The senior constable received his full benefits on resignation. His exit from the organisation is listed in the Victoria Police Gazette simply as a resignation (various interviewees).
The impression that senior personnel are their division for a limited period of time.377 protected from due process, whether accurate PSOs can be directed to work in any part of or not, is a significant issue for Victoria Police. the State.378 However such transfers can incur It significantly reduces the credibility of, significant cost to management if the workplace and confidence in the organisation’s senior is further than the distance limits set in the managers and executive. It also serves as an relevant industrial instrument. Thus there is a implicit driver of inappropriate behaviours and financial disincentive to undertake this action. thus promotes underreporting. The Review understands that transfer of personnel is appropriate under certain Movement of personnel as an intervention circumstances for example, while an investigation Many participants identified the mobility is underway to help ensure the safety of a provisions in the Victoria Police Force Enterprise target/victim in the workplace. However, there is Agreement 2011 as a blocker in being able significant concern with relocating personnel who to effectively manage problematic conduct in display inappropriate behaviour. sworn members. The Review was made aware of perpetrators who were transferred following sexual Transferring alleged offenders harassment and other inappropriate behaviour, Managers have limited scope to remove to continue their offending in the new workplace personnel from workplaces where problematic and in some cases targeting community conduct is occurring unless they are being members. formally investigated or have been charged with a breach of discipline or criminal offence.376 Police and public servants can be directed to 377 Victoria Police Force Enterprise Agreement 2011, AE889678 (19 work at rank/grade in another workplace within December 2011) cl 23; Victorian Public Service Workplace Determination 2012, AG895510 (23 July 2012) cl 13.2. 376 Victoria Police Act 2013 (Vic) s 126(2), 127(4). 378 Victoria Police Act 2013 (Vic) s 44. 330 Independent Review This sergeant moved to a country The reasons offered for this theory were: location. I have no doubt he will be a • The substantial TPAV Legal Representation problem up there. What does this say Fund making trials extremely expensive to about our approach? The accountability prosecute is shifted. … The Sergeant [had sexually harassed and threatened women in his • A bias in juries against finding police guilty workplace]. All he got was workplace of crimes. guidance (executive interviewee). The Review did not obtain data on the number of briefs of evidence considered for criminal In the cases the Review was informed about, charges, the proportion approved or the the new workplace was not made aware of the proportion successfully prosecuted to be able problematic conduct and instead given positive to test this hypothesis. references about the person. This process was referred to by more than one participants as Resignation while under investigation ‘dressing them up for export’. Under the Victoria Police Act, a police officer or Safety of target/victims during protective services officer may resign by giving investigations written notice to the Chief Commissioner.380 However, there is no requirement for the Chief Many participants told the Review of having Commissioner to authorise a resignation.381 to wait for long periods to get outcomes of investigations and the distressing uncertainty this The OPI considered this issue in its 2007 report, created. In some cases, the alleged perpetrator A fair and effective Victoria Police discipline remained in the workplace during this time, system.382 As explained by a member of despite there being powers for the Chief Command: Commissioner to transfer, direct or suspend alleged offenders during investigations.379 For The Office of Police Integrity (OPI) some targets, this created significant fear, further looked long and searchingly at systems exacerbating the harm and distress from the regarding when and how to dismiss. incident. Some talked of having to take paid [OPI] came to the view that it is better and unpaid leave or make WorkCover claims for to accept a resignation at, or prior stress related to the incident to enable them to to, hearing. The test is what is in the get away from the perpetrator. public interest. If it is in the public interest to get the perpetrator out of As outlined in Chapter 12, many victim/targets the organisation then you may settle to felt that their report had taken on a life of its get that result. However, this leaves you own, and had created a ‘juggernaut’ effect that with victims who are denied their day in they had little control over. For many there was court. significant concern regarding potential breaches of confidentiality, which was exacerbated by a The only comfort is that the person is lack of awareness about the progress of their no longer in a position to cause harm complaint. to others. The issue is time – hearings and appeals could take two years, Treatment of police in the justice system whereas resignation can be quick. As a hearing officer, I have accepted A number of participants put forward the view resignations. I have conducted a that it is difficult to charge and successfully directions hearing and been upfront prosecute police for criminal matters. with member about where I think things We need to have a bias towards and are headed, with an eye to the public be proactive about, authorising criminal interest of securing separation if that’s briefs of evidence in relation to predatory 380 Victoria Police Act 2013 (Vic) s 65. behaviour, where it is appropriate to do 381 Note Police Regulation Act 1958 (Vic) s 14 previously included a so (male survey respondent). requirement to authorise resignations. 382 Office of Police Integrity, A fair and effective Victoria Police 379 Ibid s 126(2). discipline system (2007) 68.
Chapter 13: Actions and outcomes of formal processes 331 what the evidence indicates. This responding to harmful workplace behaviours. creates a challenge in explaining to the This model aims to address some of the issues victim (and the workplace) about why raised including: complicated, overlapping a resignation was taken as enough. In processes; a lack of victim focus; practices these circumstances (and all the time) that contribute to underreporting and; failure to we need to put resources and time prevent further harm. into support for the victim (executive interviewee). The Review heard that a number of personnel who were subject to discipline inquiries for RECOMMENDATION 13 sexual harassment and sex offences have recently resigned while under investigation. On resigning, these people receive all their The Review recommends establishing a entitlements (superannuation, long service leave workplace harm model that includes: etc.) which also occurs if they are dismissed. • Immediate establishment of an external The Review notes that currently the Victoria ‘safe space’ service to provide confidential Police HRD does not have guidelines for support to victims/targets of workplace harm the release of information about former personnel. HRD advised that if a potential • An internal victim-centric workplace harm employer contacts Victoria Police them for a unit to triage and case manage internal pre-employment check, the organisation does complaints about workplace harm not disclose information about the person’s • An Independent Advisory Board (IAB) to employment history (such as disciplinary or provide expert advice and support to the criminal processes), or the basis for cessation Workplace Harm Unit of their employment (for example, resignation, • An expert human resources business retirement, termination, dismissal). partnering model to support local The Review understands that members who management. resign under investigation are not provided with the customary certificate of service, rather they The internal workplace harm unit and the HR may be issued with a statement of service. business partnering model should both sit in These practices serve to send perpetrators HRD, with clear pathways between both. out into the community with the credibility of a career in policing and almost no means of Principles a future employer or other interested party • Victim-driven (for example, volunteer organisations) being made aware of the fact they resigned under • Specialist/expert investigation. • Safe This informs Recommendation 17 that Victoria • Confidential (based on consent of victim/ Police considers revising classifications for target at all points) end of service to include ‘resigned under • Evaluated based on harm and victim investigation’ and this be used in the Gazette satisfaction and statements of service in cases within the Note: For the purposes of this model, the term remit of this review. ‘workplace harm’ includes discrimination and sexual harassment as well as victimisation or detrimental action against a person in response Proposed workplace harm model to them making a complaint about these behaviours. . The term ‘conflict’ should not be Given the issues with formal responses detailed used to refer to such behaviours as it implies in this chapter, the Review is recommending both parties have some level of fault. Victoria Police establish a new model of
332 Independent Review External ‘safe space’ service The proposed service should support any restorative processes undertaken by Victoria Police to address historical harm and be Proposal: Victoria Police immediately identify/ promoted broadly by Victoria Police. establish an external service to provide confidential support to victims/targets of The service should be developed/established contemporary and historical workplace harm. in parallel with other actions by Victoria Police to build a safe, victim-centric response. The aim The service must have the capacity and of this work should be to build confidence and capability to provide safety, advocacy, capacity for those victims that may report if the confidentiality and specialist support to address organisation is able to prove it is mature and workplace harm, including sex discrimination safe in dealing with these matters. and sexual harassment. This should be complemented by a broad range The service must be managed independently of mutually reinforcing organisational strategies of Victoria Police regardless of any commercial to prevent harm and build respect and diversity arrangements made to establish it. as outlined in the Action Plan. The service should: • Ensure the immediate safety and wellbeing of the victim/target. CASE STUDY: SeMPRO • Be skilled in specialist responses to Following the release of the Australian Human workplace harm, including responding Right Commission’s Review into the Treatment sensitively and ethically to victims of sexual of Women in the ADF – Phase 2 Report in harm. late 2012, the Australian Defence Force (ADF) • Provide specialist support to address established a dedicated Sexual Misconduct workplace harm – either through direct Prevention and Response Office (SeMPRO). service delivery and/or by developing formal The SeMPRO provides victim-focused care to referral mechanisms with other external defence personnel who have been affected support services (such as CASA). by an incident of sexual misconduct. SeMPRO • Provide advice and advocacy on options, operates in a ‘trauma-informed’ manner to including support, formal reporting, redress deliver best-practice support to those affected to victims/targets. by sexual misconduct, as well as those who • Enable victims/targets to report workplace are supporting them.384 It can help to provide harm informally and confidentially if they immediate safety and support, as well as choose to do so. ongoing support and access to professional • Support victims/targets to make a formal services. complaint to Victoria Police if they choose According to the SeMPRO website: to do so (noting that in some cases victims/ targets are required to report misconduct).383 A ‘trauma-informed’ service creates a place of safety for those who have been sexually • Provide equitable support to all personnel assaulted; responding on every level with an –– public servants, PSOs and police alike understanding of the effects of trauma and –– regardless of where they live or work recognising the potential for the existence (metropolitan or rural). of trauma. The five key principles of trauma- • Develop a formal mechanism to share de- informed care are: safety, trustworthiness, identified data with Victoria Police with the choice, collaboration and empowerment. explicit consent of victims/targets, including SeMPRO allows a person to make an protection from pressure from Victoria Police unrestricted (formal) report, as well as to share identifying information or data. a restricted (confidential) disclosure to
384 Department of Defence, About SeMPRO
Chapter 13: Actions and outcomes of formal processes 333 encourage ADF members to report sexual Workplace harm model misconduct, who may not otherwise report the incident. This allows members to report To address current gaps in the organisational misconduct in a safe environment and response to sex discrimination, sexual gain access to support services, while harassment and predatory behaviour, the considering whether to make a formal report. Review recommends establishment of a new SeMPRO provides 24/7 support, including model for addressing these issues. This model, a hotline that members can call. It is which is represented in Figure 38 includes a responsible for: specialist unit and an independent board to • providing a timely response and support oversee the operations of this unit and related to victims initiatives. • providing advice and guidance to commanders and managers Independent Advisory Board • implementing education and prevention Proposal: Establish an Independent Advisory strategies Board (IAB) to provide expert advice and support to the Workplace Harm Unit (discussed • being the single point of contact for below). reporting, to analyse prevalence data and trends The Board should consist of people with • developing policies, practices and expertise in equal opportunity issues, bullying, procedures, and monitoring compliance. violence against women, discrimination and restorative intervention, and secondary In 2014, the Australian Human Rights victimisation. HRD should be represented Commission audited the Phase 2 Report. on the IAB (with cross over with academic The Audit report commended the ADF for governance arrangement in PDC to be establishing SeMPRO – the “swiftness in considered). establishing SeMPRO is testament to senior The IAB should advise Victoria Police on setting leadership’s strong commitment to ensuring practice standards and guidelines, determining that victims of sexual misconduct are referral pathways and information sharing appropriately and sensitively supported.”385 protocols. The IAB should report to the Deputy However, the Audit raised concerns about the Commissioner, Capability. limited awareness and knowledge of SeMPRO The IAB should advise Victoria Police on among ADF personnel and the restricted recruitment of organisations and individuals scope of SeMPRO to only consider sexual to the workplace harm unit and develop and misconduct rather than sexual harassment implement quality assurance mechanisms to 386 and sex discrimination. ensure best practice and minimum standards The Audit expressed serious concerns that the are adhered to. lack of engagement and referral pathways to external service providers (as an alternative Workplace Harm Unit to internal support services), compromised Proposal: Establish a victim-centric Workplace victims self-management of trauma and Harm Unit to triage and case manage all safety.387 In response, the ADF noted it internal complaints about workplace harm. is working towards establishing referral mechanisms to external support services.388 This unit would be a repurposing of the current HRD response to a victim-centric triage and case management model. The proposed unit would be the first contact point for all internal 385 Australian Human Rights Commission, Review into the Treatment of Women in the Australian Defence Force Audit Report (March 2014) complaints about workplace harm. 170. The purpose of the unit would be to provide 386 Ibid 171. a safe, victim-led internal response to 387 Ibid 172 complaints about workplace harm. It would 388 Ibid.
334 Independent Review be based on victim safety and support as the The proposed unit should have the following primary consideration in all organisational triage options, informed by the victim/target’s responses to workplace harm. Any investigation wishes as well as by professional experts: of complaints would be a secondary • Specialist support to address workplace consideration. harm – by developing formal partnerships The unit would need to be staffed by and clear referral mechanisms with services, professional experts in HR, equal opportunity including: issues, bullying, violence against women and –– Internal services such as Welfare restorative intervention. Services, Internal Witness Support, Police The Workplace Harm Unit should be Psychology empowered to make decisions and –– External services such as CASA, recommendations on outcomes of complaints. family violence services and the Police If local management does not agree with the Association welfare services. decision, it should be referred to the HRD • Safe, independent external service (as Director or deputy commissioner. discussed above). • Advocacy and advice Response functions • Workplace interventions – triaged into the HR The proposed unit should ensure the immediate business partnering model to manage issues safety and wellbeing of the victim/target while locally (discussed below). allowing them to control their own information. • Investigations (discussed below). Any response should be informed by: The safety and welfare of a target/victim must • The victim/target’s wishes be the primary consideration when a person • Advice from specialist staff with experience makes a complaint of sexual harassment or in HRD and violence against women/victim discrimination. Any threshold for taking the safety experts for triage and review. complaint out of the victim/target’s hands would need to be informed by the victim/target’s safety The proposed unit should have a formal requirements, with the victim/target’s prior relationship with HRD, particularly HR business knowledge. partners to inform workplace interventions and support where necessary, including proactive The target should be considered an expert evidence-based initiatives. in assessing their own safety needs and this information should inform the organisation’s Case management and triage options intervention and response once the victim no longer has control over the direction of the Building on the function of Internal process. Witness Support, the Workplace Harm Unit should comprise/include ongoing case management, support and advocacy. The role Obligation to act on sexual of case managers should be based on an empowerment model, acknowledging a shift in harassment and discrimination emphasis from targets/victims as ‘witnesses’, to targets/victims as owners of the process. Victoria Police’s obligation to provide and maintain a safe and healthy workplace includes This function should be available to all targets taking proactive steps to prevent sexual for as they long as they need it, and could harassment and discrimination, as well as contain a mix of specialist experts and sworn protecting the safety and wellbeing of targets/ members with relevant skills and experience (for victims of these unlawful behaviours when they example, a minimum of SOCIT-trained staff with happen. case management experience). To ensure the safety and wellbeing of a target/ victim of sexual harassment or discrimination:
Chapter 13: Actions and outcomes of formal processes 335 • the safety and wellbeing of the target/ occupational health and safety laws, Victoria victim should be the immediate and primary Police’s duty of care, and the positive duty. It consideration can also result in vicarious liability for Victoria • where possible, the target/victim should Police if it failed to take reasonable precautions be given the option to talk to someone to prevent sexual harassment or discrimination confidentially before deciding to make a by its staff.392 complaint • Victoria Police should provide clear guidance Mandatory complaint requirements to its staff about the criteria for acting on an As discussed earlier, police officers and PSOs individual complaint against a target/victim’s also have obligations under the Victoria Police wishes Act to complain about another police officer • if Victoria Police is required to act on a or PSO if they have reason to believe the other 393 complaint against a target/victim’s wishes, officer is guilty of misconduct. ensure that the target is safe (this should be Victoria Police should provide clear guidance informed by the targets own assessment as to personnel about legal obligations to act well as the organisations) and supported on complaints of sexual harassment and throughout any process that follows. discrimination, as well as behaviour that may These factors are considered below. amount to misconduct. This guidance should provide clarity around the criteria for making Legal obligations complaints in cases where a target/victim has not given consent for the complaint to be made. Victoria Police has legal obligations to provide and maintain a safe and healthy workplace. This It is important that personnel are aware of the includes: considerations for acting without a target/victim’s consent (for example, to respond to a protected • an obligation to provide and maintain a work disclosure, imminent risk or alleged crime). In environment that is safe and without risks to most cases, local workplace interventions can the health of its employees and others, as far address sexual harassment and discrimination as reasonably practicable;389 without having to act on a target/victim’s • a positive duty to eliminate sexual complaint against their wishes. harassment, discrimination and victimisation 390 as far as possible Balancing the interests of targets/victims • a duty of care to take reasonable care for with legal obligations employees’ safety.391 The Review heard concerns about balancing the These laws require Victoria Police to: interests of targets/victims with legal obligations • take proactive steps to provide and maintain to act on/report complaints about sexual a safe and healthy workplace that is free of harassment or discrimination against a person’s sexual harassment and discrimination wishes. • take appropriate remedial action if a The safety and wellbeing of a target/victim complaint is made about sexual harassment should be the primary consideration when a or discrimination person makes a complaint about, or Victoria • protect the safety and wellbeing of Police becomes aware of, sexual harassment targets/victims of sexual harassment or or discrimination. The immediate response to discrimination. every complaint about sexual harassment or discrimination should be to: Failing to act on sexual harassment or discrimination can amount to a breach of • ensure the immediate safety of the target/ victim, including valuing the expertise of the 389 Occupational Health and Safety Act 2004 (Vic) ss 20–21, 23. target/victim in assessing their own risk and 390 Equal Opportunity Act 2010 (Vic) s 15. informing risk management strategies
391 For example, see Swan v Monash Law Book Cooperative [2013] 392 Equal Opportunity Act 2010 (Vic) s 109. VSC 326; Trolan v WD Gelle Insurance and Finance Brokers Pty Ltd [2014] NSWDC185. 393 Victoria Police Act 2013 (Vic) s 167(3).
336 Independent Review • ensure that the target/victim has access to/is Workplace harm incidents should not be referred to appropriate supports allocated to regional investigators in any • ask the target/victim how they want to circumstances. proceed before taking any action. Specialist referral mechanisms should be Where possible, the person receiving the established with the Workplace Harm Unit complaint should also tell targets/victims where the Chief Commissioner receives a that they may have a legal obligation to act protected disclosure from IBAC, given legislative on a complaint before the person makes the restrictions on disclosure. complaint. The target/victim should be given the option of talking to someone confidentially before Workplace conflict they decide to make a report to Victoria Police. The purpose of the unit will be to address Where a target/victim does not want to proceed workplace harm. It is important that this with a formal complaint process, Victoria Police is differentiated from workplace conflict should undertake appropriate and prompt which should be managed separately. The workplace interventions. Regional HR business management of workplace conflict could be partners should provide support to management supported by HR specialists using an HR to undertake local interventions (see proposed business partnering model (discussed below). partnering model below). Evaluation Where Victoria Police has a legal obligation to act on a complaint, the safety and wellbeing The Workplace Harm Unit should be evaluated of a target/victim should still be the primary from its inception using the principles of consideration. In addition to the steps listed victim satisfaction and harm reduction, with an above for all complaints, Victoria Police should: evaluation expert involved in its establishment.
• notify the target/victim about its intended Data classification and analysis action before taking any action As the first triage point for all complaints about • explain that the organisation has a legal workplace harm, the unit should be the central obligation to act location for collecting data on workplace harm. It • assure the target/victim that the Equal should develop clear and consistent protocols to Opportunity Act prohibits victimisation and if classify and record complaints about workplace the complaint is a protected disclosure, the harm, consistent with relevant legal definitions, Protected Disclosure Act prohibits detrimental and informed by the IAB. action. The unit would collect and analyse de-identified Investigation / review data to: The recommended model for responding to • assess prevalence and nature of workplace complaints of workplace harm that require harm investigation/review is as follows: • identify trends and drivers • All targets/victims of complaints are case • inform education and policy development by managed by the Workplace Harm Unit HRD and People Development Command • All relevant complaints made directly to PSC (PDC) should be referred to the Workplace Harm • inform local workplace interventions (in Unit for triage and case management. partnership with the HR business partnering • Investigation of complaints that may constitute model). a breach of discipline or criminal offence, are The proposed unit should also develop a formal conducted by Taskforce Salus/PSC (centrally) mechanism to collect de-identified data from the by SOCIT trained investigators. external ‘safe space’ service with the explicit • Investigation of other workplace harm consent of victims/targets. incidents are conducted by external specialist Trend data should be reported quarterly to the investigators. IAB and to Executive Command.
Chapter 13: Actions and outcomes of formal processes 337 Business partnering model The proposed model would: Proposal: Centralised and elevated HR model • Provide specialists employed under HRD to support the regions to mentor and build the Establish/enhance HR business partnering capacity of managers to manage their staff model to mentor and build the capacity of (rather than manage issues on their behalf). local managers to manage their staff. HRD would develop clear information sharing • Involve specialists who are senior HR arrangements, communication channels practitioners recruited for expertise in between the harm management model and conflict resolution, including mediation and business partnering specialists. conciliation (where deemed appropriate for example, not sexual harassment matters) as well as training and professional development.
Figure 38: Response to workplace harm – a new approach
• Welfare • Advocacy External Individual Victim/Target • Advice Safe Space • De-identified information sharing only with victims’ consent
Workplace Harm Unit Independent Advisory Board • Triage Classification Care Management • Victim-centric Model • Professional Standards Command • Taskforce Salus • Support/Welfare • Human Resources
External reporting options VEOHRC + IBAC
HR Business Partner • Advice to managers • Mentoring for managers • Workplace interventions
338 Independent Review • Work with the proposed workplace harm unit termination of employment. When you to support managers with local workplace reflect on how the Fair Work Act applies interventions to address identified workplace … they have a better track record harm. than the Victoria Police review board The business partnering specialists would (executive interviewee). work across the region to support local The Inquiry into the command, management workplaces as required. HRD would develop and functions of the senior structure of Victoria communications processes and a work plan Police similarly considered that: with PDC to inform training and professional development processes, and integrate current public servants in Victoria Police are practice into all Foundation, in-service and subject to a fair and simple discipline promotional training. process, leading to a determination by the Chief Commissioner. For a External reviews public servant, Fair Work Australia is the arbiter for unfair dismissal External reviews of Victoria Police decisions claims and the ultimate step in the about discipline, promotions and transfers dispute resolution process for lesser are different for police officers and public disciplinary matters. By contrast, a servants.394 In particular, the Fair Work police member who is disciplined may Commission: seek review of the outcome by the • hears unfair dismissal claims by public Police Appeals Board [since replaced servants and determines whether a dismissal by the PRSB]. The Inquiry considers it was ‘harsh, unjust or unreasonable’;395 and anomalous that disciplinary decisions • determines disputes arising under the made in relation to public servants may Victorian Public Service Workplace be reviewed by Fair Work Australia Determination 2012, including disputes while sworn police members only have about disciplinary outcomes (other than access to a review tribunal dealing dismissals), transfers, and promotions.396 exclusively with Victoria Police sworn 398 The Police Registration and Services Board members. (PRSB) reviews decisions about disciplinary outcomes (including dismissals), promotions and transfers for police officers and protective services officers (discussed in detail below).397 A member of Command queried the necessity of having separate external review mechanisms for police, PSOs and public servants:
I favour using the Public Administration Act because this creates an appeal function that is essentially an administrative review. That is, you apply the rules that would apply to any other
394 In 1996, Victoria referred its industrial relations powers to the Commonwealth with the exception of matters pertaining to probation, promotion, transfer from place to place or position to position, physical or mental fitness, uniform, equipment, discipline or termination of employment of law enforcement officers (including police officers, police reservists, police recruits and protective services officers), see Commonwealth Powers (Industrial Relations) Act 1996 (Vic) s 5(1)(b) (since repealed). A new referral was made in 2009, see Fair Work (Commonwealth Powers) Act 2009 (Vic) s 5(2)(b). 395 Fair Work Act 2009 (Cth) s 385. 396 Victorian Public Service Workplace Determination 2012, AG895510 (23 July 2012) cl 11. 398 State Services Authority Victoria, Inquiry into the command, management and functions of the senior structure of Victoria 397 Victoria Police Act 2013 (Vic) s 146. Police, (November 2011). Chapter 13: Actions and outcomes of formal processes 339 The Police Registration and unreasonable’.399 The Fair Work Act also uses the phrase ‘harsh, unjust or unreasonable’ in Services Board relation to whether a person has been unfairly dismissed.400 The Review heard concerns of participants The Fair Work Act sets out criteria that the Fair about the exercise of the PRSB’s review Work Commission must take into account in function, including its appeal function determining whether a dismissal was harsh, (discussed in the Chapter 13). unjust or unreasonable – including whether These concerns included the make-up of the there was a valid reason for the dismissal, and PRSB, its processes and the outcomes of a range of procedural fairness requirements hearings: such as whether the person was notified of that reason and whether the person was given an Why do we have an appeals system? opportunity to respond.401 Why are they setting the culture and standards of Victoria Police? It is the Section 152 of the Victoria Police Act requires same with selections and promotions. the Board when considering a review to have They decide for us. It’s bizarre regard to the public interest (including the (executive interviewee). interest of maintaining the integrity of, and confidence in, Victoria Police) and the interests … We have had examples of the worst of the applicant (no similar public interest kind of racism and pornography on our considerations apply under the Fair Work Act). systems and the appeals board doesn’t address it (former executive). The PRSB applies the general approach in workplace relations law that the words ‘harsh, The PRSB should have a set of policy unjust or unreasonable’ should be given their guidelines rather than make decisions ordinary meanings.402 The Board also ‘relies on on their own (executive interviewee). its own precedents’.403 The Review also heard concerns about a culture If the Board is satisfied that a decision was of taking discipline decisions for review: harsh, unjust or unreasonable, it has the power to set aside the decision and either make a The TPA has a history of advocating substitute decision or refer the matter to the strongly for their membership within Chief Commissioner for determination.404 the discipline area. With respect to For most forms of review of dismissal or dismissal outcomes, the members have termination, the Board also has the power to nothing to lose and can take the matter order the Chief Commissioner to reinstate the to the [PRSB] (executive interviewee). applicant or pay the applicant compensation.405 If you dismiss a person for disciplinary The Review was informed that the Board may reasons, it always goes to the [PRSB] order up to 12 months’ salary in compensation, who overturn most dismissals (site while the Fair Work Commission may order a visit). maximum of six months’ (the higher maximum reflecting that employment options for police In addition, the Review was made aware of concerns that the PRSB did not have consistent 399 Victoria Police Act 2013 (Vic) s 152(2). This requirement was practices around incorporating material on victim introduced by the Police Regulation Amendment Act 2012 (Vic). impact in the review process and has faced 400 Fair Work Act 2009 (Cth) s 385. challenges with making consistent decisions. 401 Ibid s 387. 402 Bostik (Australia) Pty Ltd v Gorgevski (No 1) (1992) 36 FCR 20, approved by the High Court in Byrne v Frew and Australian Airlines Reviewing dismissal decisions (1995) 185 CLR 410. The PRSB must affirm a decision to terminate 403 The Review notes that in a recent published decision on 28 August 2015 (A207.2014), the PRSB made reference to the criteria set out or dismiss an officer unless the Board is in the Fair Work Act 2009 to determine whether a dismissal was satisfied that the decision was ‘harsh, unjust or harsh, unjust or unreasonable. 404 Victoria Police Act 2013 (Vic) s 152(3). 405 Ibid s152(3)(iii)–(iv).
340 Independent Review 2011/12 2012/13 2013/14 2014/15
Heard/ Heard/ Heard/ Heard/ finalized Upheld finalized Upheld finalized Upheld finalized Upheld
Dismissal 6 33% 7 100% 13 54% 12 83%
Termination 4 75% 0 1 100% 5 80%
Reduce rank or seniority 0 2 100% 2 50% 2 50%
Reduce renumeration 0 1 100% 2 100% 0
Transfer to other duties 3 100% 1 0 3 100%
Fine 0 0 0 0
Table 3: Number of discipline sanctions reviewed and proportion confirmed 2011/12 to 2014/15 officers may be more limited, meaning an unfair dismissal may have greater economic consequences upon an employee). The following page contains a summary of RECOMMENDATION 19 discipline sanction reviews undertaken by the PRSB and its predecessor, the Police Appeals Board over the last four years. For dismissals, • PRSB members should be provided with the proportion of reviews which upheld or contemporary training in equal opportunity confirmed the decision of Victoria Police varied and human rights law, as well as the impact substantially over the period from a low of 33 of sexual harassment and discrimination per cent in 2011/12 to a high of 100 per cent in on victims. This should occur at induction 2012/13. for new members, immediately for current member, and then every two years. Since there are no published statements of reason for most of these decisions, it is unclear • That the PRSB work with specialist partners why, for example, the applicants were dismissed to develop guidelines on Equal Opportunity and if they were reinstated, on what basis. and Human Rights and victim impact in decision-making There have been concerns raised about PRSB failing to properly consider and apply the public interest consideration. The Review notes that The Review notes that the PRSB has recently the PRSB has recently issued a statement and issued a statement and procedural directions procedural directions seeking submissions, seeking submissions, including from the including from the Commission, on the potential Commission, on the potential identification of identification of complainants, informants complainants, informants and witnesses to and witnesses to police misconduct or other police misconduct or other breaches of police breaches of police discipline. The Review discipline. The Review acknowledges the acknowledges the Board’s proactive approach Board’s proactive approach to this important to this important issue. issue. Both Victoria Police and review applicants may seek judicial review of decisions made by the PRSB in the Supreme Court.
Chapter 13: Actions and outcomes of formal processes 341 External review in comparative jurisdictions CASE STUDY: South Australia and Tasmania are the only other Australian jurisdictions to rely exclusively on SHIELDS V CHIEF specialist police tribunals to review discipline COMMISSIONER outcomes.406 The Fair Work Commission can review dismissals for members of the Australian In 2006, a male police member employed Federal Police and the Northern Territory at a suburban station was dismissed under Police Service; however the Northern Territory s.68(1) of the then Police Regulation Act Police Service also has its own Disciplinary 1958. The dismissal order listed findings Appeal Board which can review dismissal of multiple offences going back 12 years decisions.407 Members of the remaining state including: prolonged sexual harassment police forces have access to state tribunals and of a female police member; persecutory, commissions.408 intimidatory and bullying behaviour toward others; aggression toward a member of the The Review findings present an opportunity for public and; misuse of authority in favouritism the Victorian Government to consider whether toward a junior colleague with whom he was enlarging the referral of Victoria’s industrial having a personal relationship. relations powers to the Commonwealth would be an effective way to streamline and The dismissal was reviewed by the then simplify external reviews by enabling the Fair Police Appeals Board who confirmed Work Commission to review decisions about the decision. Shields then applied to the discipline, termination, promotion and transfer Supreme Court for judicial review of the for the entire Victoria Police workforce. The dismissal on the basis that the dismissal Review notes that the Inquiry into the command, was unlawful and the application was 409 management and functions of the senior dismissed. An application was then structure of Victoria Police recommended: made to the Supreme Court to review of the Police Appeals Board decision quashed That the Government consider on the basis of errors of law and this was enlarging the referral of Victoria’s granted.410 A subsequent order was made industrial relations powers to the for the Police Appeals Board (with different Commonwealth to enable Fair Work membership) to re-hear the review.411 Australia to hear unfair dismissal The legal costs incurred by this member applications by police and to deal with in challenging his dismissal were paid out disputes about transfer, promotion and of The Police Association Victoria’s Legal discipline decisions concerning police. Representation Fund. The costs incurred by This reconsideration should occur Victoria Police in defending these appeals in conjunction with the review of the included over a quarter of a million dollars Police Appeals Board recommended in legal fees. by the Office of Police Integrity in its report Enabling a flexible workforce for policing in Victoria (2011). Reforming the discipline system At the end of the day you have to ask yourself – why is it that if a shopkeeper finds a staff member with their hand in the till you can sack that worker on 406 See, Police Act 1998 (SA) pt 8, div 1; Police Service Act 2003 (Tas) the spot, but the Chief Commissioner s 60.
407 Australian Federal Police Act 1979 (Cth) s 28; Police Administration 409 Shields v Chief Commissioner of Police [2008] VSC 2 (30 January Act (NT) s 94; the Northern Territory Police Service is a ‘national 2008). system employer’ under the Fair Work Act 2009 s 14(1). 410 Shields v Overland & Anor [2009] VSC 550 (3 December 2009). 408 State Services Authority Victoria, Inquiry into the command, management and functions of the senior structure of Victoria Police 411 Shields v Overland & Anor (No 2) [2009] VSC 589 (10 December (2011) 37. 2009).
342 Independent Review of Police can’t sack someone who therefore the line manager absolves commits serious misconduct without themselves of the responsibility. For first prosecuting them through the as long as that pathway is there it will criminal courts and only then seek operate as a significant cultural barrier to dismiss them under the discipline to get managers to show leadership, process? (executive interviewee). manage well and model behaviours.
Victoria Police has separate disciplinary In my view the central question is – systems for police officers and PSOs, and why can’t the misconduct provisions public servants. The discipline system for that apply to any other public servant police and PSOs is set out in Part 7 of the in Victoria apply to police officers? Victoria Police Act, while the process for We need the organisation to go managing misconduct and unsatisfactory back to government and say if you work performance for public servants is set have (reasonable) expectations of out in the Victorian Public Service Workplace performance and behaviours then you Determination 2012. need to have same for all agencies. The disciplinary process for police officers and It is crazy that in an organisation of PSOs is complex, time consuming and more 17,000 people we have sworn staff akin to a criminal rather than civil process. It is covered by one set of rules and public also inconsistent with the simpler disciplinary servants covered by another set of process for public servants that is better aligned rules. Given that a lot of this conduct with ordinary employment practices. can involve sworn staff against young A participant told the Review that: female public servants, this dual track just creates confusion The existing disciplinary process arises (executive interviewee). from an archaic High Court decision … [which] means that police members are While the Review acknowledges the unique role not employees in the same sense that and powers of policing, the Review considers Victorian Public Service (VPS) police that the distinction between police and public staff are, or other public servants. As a servants for the purposes of discipline may result, the Chief Commissioner doesn’t be confusing and reinforce attitudes about have the same sorts of employer the value and capability of public servants in obligations and power as other Victoria Police. employers. The recent Inquiry into the command, management and functions of the senior This is an anachronism in modern structure of Victoria Police found: policing. … Through culture, training and leadership we should be able to [w]ithin some sections of Victoria Police bring change but there will always be the strongly held view that police are people, who, because of their conduct, unique, a contention largely based need to be exited from the organisation. around the sworn officer possessing the So, the pathway needs to be clear and powers and responsibilities of the office be something that managers cannot of constable. The Inquiry acknowledges wash their hands of because it seems the importance of this office as the too hard to navigate. foundation of an independent police force. Whilst many of the qualities of One of the costs of having an Victoria Police flow from the independent ineffective/paramilitary style office of constable, which requires police disciplinary process is that it gives to exercise their own judgment in difficult poor managers an excuse to not take a and sometimes dangerous situations, proactive approach. The (disciplinary) some police interpret the office in a hearing officer makes the decision; way that is productive of insularity and
Chapter 13: Actions and outcomes of formal processes 343 conservatism. This manifests itself in a general way as a resistance to change and disinclination to accept external review. The acknowledgment of the RECOMMENDATION 20 importance of the office of constable is not a bar to necessary change and reform.412 The Victorian Government and Victoria Police should streamline and simplify Victoria Police’s As set out earlier in this chapter, participants existing discipline system by considering and raised a number of issues with the disciplinary implementing the detailed recommendations for process for police officers and PSOs, including: reform in: the misapplication of a criminal standard of proof to disciplinary matters in some matters; • the Office of Police Integrity report, A fair delaying disciplinary processes until any and effective Victoria Police discipline criminal proceedings are finalised; concerns system (2007) about the ability of police to be impartial when • the Office of Police Integrity report, investigating other police; and concerns about a Improving Victoria Police discipline and lack of safety and support for victims/targets. complaint handling systems (2011); and the State Services Authority report, Inquiry into The Review considers that the Victoria Police the command, management and functions discipline system requires reform to ensure of the senior structure of Victoria Police that sex discrimination, sexual harassment and (2011)413 predatory behaviour are managed in a fast, effective and streamlined way. A strong and effective organisational response to harmful In particular, the Review endorses the principles workplace behaviours would help to ensure underpinning the 2007 Office of Police Integrity that Victoria Police maintains a safe and report as the basis of any reform, including: healthy workplace, and alleviates any ongoing harm experienced by victims/targets of these • reducing or eliminating the differences behaviours. between the discipline arrangements for police and other employees The Review understands Professional Standards • reducing the number of sanctions and Command is currently examining alternative increasing performance development with a processes to reduce the time taken to resolve focus on rehabilitation certain complaints. In cases where the alleged perpetrator has made a full admission there • increasing local decision-making and may be scope to finalise the process without a responsibility for discipline matters full investigation. • linking the discipline system with the performance management system Such an initiative could improve timeliness of relevant investigations, as well as decrease • reducing complexity and speeding up the periods of uncertainty for the involved parties. It processes could also serve to reduce the resource burden • streamlining dismissal processes of investigations where they are unnecessary. • streamlining and simplifying review and The Review notes than any reform of the appeal rights. discipline system should be aligned with the The Review notes that following the 2007 OPI proposed workplace harm model discussed report: earlier. • a Bill was introduced and defeated in 2008 to implement the recommendations of the 2007 report to reform the discipline system 414
412 State Services Authority Victoria, Inquiry into the command, 413 State Services Authority Victoria, Inquiry into the command, management and functions of the senior structure of Victoria Police management and functions of the senior structure of Victoria Police (2011) 16. (2011) 31–39. 414 Police Regulation Amendment Bill 2008 (Vic).
344 Independent Review • the State Services Authority inquiry readily available to all personnel on the endorsed: interpretational criteria for the: the conclusion reached by the OPI in –– Victoria Police Act terms conduct, its earlier reports that Victoria Police’s misconduct and reason to believe outmoded discipline system should be –– Protected Disclosure Act terms – improper replaced with a less adversarial, more conduct, and detrimental action: and developmental and ultimately more –– Independent Broad-based Anti-corruption effective model. The Inquiry agrees Commission Act term – corrupt conduct. with the recommendations made by • The Victoria Police Manual be amended to the OPI for reform of the discipline provide information regarding complaint system for sworn police members, and processes related to executive level recommends their full implementation. personnel. This would assist in addressing the wide divergence in employment arrangements • Victoria Police considers revising for sworn police and public servants, classifications for end of service to include which the Inquiry considers contributes ‘resigned under investigation’ and this be to the cultural division between these two used in the Gazette and statements of service groups of Victoria Police employees.415 in cases within the remit of this review. • The Victorian Government consider whether The Review notes that the Victorian Government there are any legislative barriers in the Victoria may want to explore whether further reform to Police Act 2013 and Protected Disclosure Victoria Police’s disciplinary practices may help Act 2012 which prevent disclosure of the to streamline and simplify its existing discipline subject matter of a protected disclosure system. This could include considering whether or assessable disclosure by Victoria Police the Chief Commissioner should be provided personnel or Victoria Police work units to with a statutory summary dismissal power to support services and to WorkSafe Victoria. If terminate police or protective services officer’s so, the Victoria Government should consider employment. The summary dismissal power the most appropriate legislative amendment could be used at the Chief Commissioner’s to enable disclosure in those circumstances. discretion and be subject to normal employment law safeguards such as procedural fairness.416 • Victoria Police should consult with the Director of Public Prosecutions and pursue and conclude disciplinary charges concurrently with criminal investigations/proceedings unless there is a real risk that the disciplinary RECOMMENDATION 16 matter will prejudice the criminal proceeding.
Victoria Police should advocate for changes to its operating context and environment, and take interim actions where possible to enhance its flexibility to build diversity, set and enforce Victoria Police values and behaviours. This includes: • Victoria Police provide further practical and coordinated policy guidance (Recommendation also 5 refers),
415 State Services Authority Victoria, Inquiry into the command, management and functions of the senior structure of Victoria Police (2011) 32. 416 The Review notes that since 2000, most members of the Australian Federal Police are initially engaged as ‘AFP employees’. The Commissioner of the Australian Federal Po––lice has all the rights, duties and powers of an employer in respect of AFP employees and has the power to terminate the employment of an AFP employee outside of the discipline system. Chapter 13: Actions and outcomes of formal processes 345 Appendices
346 Independent Review Appendix 1 Recommendations
Recommendation 1: Redress Scheme and Recommendation 3: Victoria Police public acknowledgement of harm develops a whole-of-organisation Gender Based on contemporary best practice, Victoria and Diversity Vision and Strategy linked Police, supported by the Victorian Government to the organisational performance and should develop a redress scheme for Victoria capability framework to drive cultural and Police personnel that includes a: practice change. This vision and strategy should be owned by and accountable to • restorative engagement initiative the Chief Commissioner. • reparation scheme – financial and non- It should: financial • articulate the Victoria Police vision to build • public acknowledgement of harm. gender equitable workplaces in clear and unequivocal terms. This will be a first step Recommendation 2: The Executive and require consistent, visible leadership Command establishes an appropriate, at the most senior levels. The Review notes independent advisory structure to guide that time spent consulting and engaging the intent and implementation of the employees in this work will build a platform Review’s recommendations. for all recommendations in this Review The advisory structure should include senior, • identify and leverage the interdependencies external expertise that reports directly to among current and emerging workplace and Executive Command and meets quarterly with community facing strategies the Chief Commissioner as the strategy is • sustain commitment and work to build developed. whole-of-organisation knowledge and understanding of the relationship between It should provide guidance in the areas of: gender equality and healthy, safe and • best practice responses to working with respectful workplaces men and women to build awareness of • align the intent, accountabilities and gender inequality, gender identity and role implementation of efforts to implement stereotypes, and of the link between gender responses to this Review alongside other key inequality and violence against women change initiatives • best practice restorative justice processes • develop a formal policy and process • best practice victim empowerment models review mechanism to ensure gender equity of addressing workplace harm, with specific principles are embedded in all organisational expertise in sexual harm, sexual assault and initiatives sexual harassment as well as secondary • ensure gender impact analysis is embedded victimisation in policy and strategy development and • best practice responses to sex discrimination review processes and sex-based hostility • best practice bystander actions to build gender equality • organisational development and change.
Appendix 1 347 Recommendation 3 (continued) part time and parental leave • develop an organisation-wide gender • reinforce that performance and performance framework and annual accountability of employees must align with monitoring. Organisational performance the vision, values and strategy objectives and measures should be linked • support learning and professional to safe and respectful workplaces if the development across the workforce about vision and effort to achieve a safe and sex discrimination and sexual harassment, respectful workforce is to be sustained. including predatory behaviour, its drivers, These measures should embed proactive impacts and implications. data, process and outcome measures and • develop a clear organisational statement and cascade down to the performance and expectation that all employees, regardless capability requirements of all managers and of rank or level, should ‘call out’ sexual employees. They should include employee harassment and discrimination if they feel insight and satisfaction of the shifting safe to do so and that they will be supported workplace climate by management. • prioritise safety and wellbeing of employees who have experienced workplace harm. For people engaging in inappropriate Recommendation 5: Review and update all behaviours, a range of swift and appropriate relevant policies and procedures to ensure management and policing responses are they are compliant with legal obligations needed, depending on the nature of the and provide clear direction for managers behaviour to respond effectively to workplace harm and build gender equitable and diverse • establish, develop and implement an equity workplaces. This includes: and diversity workplan and report progress to Executive Command bi-annually. The • ensuring that the legal tests for sexual quality and progress of these workplans harassment, discrimination and victimisation should be considered as part of Command are accurate and that current policies and performance and individual performance procedures ensure remedial action assessments of leadership. These in turn • as part of the workplace harm model, should be supported by performance develop clear and detailed guidelines for assessment recommendations managers and supervisors on their roles and • resource and coordinate women in policing responsibilities to responding to employees committees for all female employees across internal reports of sex discrimination and all regions, including rural areas. These sexual harassment, or victimisation and forums should provide expertise to inform complaints in a fair, safe and supportive way. Command/Departmental Equity and Diversity This should include clear indication of victim Strategies. safety principles and reference to the Victims Charter. • introducing a structured handover process Recommendation 4: That Victoria for rotating management positions for Police develops a comprehensive Inspector rank and above. communications and employee • strengthening Victoria Police’s Conflict of engagement strategy, informed by Interest Policy to define sexual relationships organisational change principles to: that can be regarded as a conflict of interest, • build awareness of the rationale for diversity and provides guidance for managers to • redefine the notion of ‘merit’ and increase respond appropriately. understanding of the existence of structural > The policy should include an explicit list barriers to recruitment, retention and of behaviours and define the proximity of advancement working relationships at which conflicts • champion senior men and women who should be declared. For example, sexual access flexible work arrangements, including relationships between employees and
348 Independent Review anyone who has formal supervisory • collecting and monitoring information responsibility for them, as well as anyone about reasons for attrition at all stages of within their chain of command, should recruitment processes as part of broader be considered a conflict of interest, monitoring under the Equity and Diversity irrespective of the status of their Strategy. relationship. • instituting exit interviews for all resignations > Additional, clearly stated requirements and retirements and collect and monitor data for all teaching staff, mentors, in relation to reasons for leaving and attrition supervisors and field coaches to refrain of particular groups by gender, rank/level from improper use of their power over and work type. recruits and probationary constables. This includes participating in any sexual relationships with recruits and Recommendation 7: Victoria Police review probationary constables. and amend all arrangements relating to flexible work including: • providing further practical and coordinated • identifying mechanisms and processes to policy guidance to all personnel on the ensure backfill for paid and unpaid parental interpretational criteria for the: leave and light duties is implemented. - Victoria Police Act terms conduct, • reviewing and standardise policy and misconduct and reason to believe processes relating to flexible work - Protected Disclosure Act terms – arrangement and particularly the parental improper conduct, and detrimental leave cycle, (Indicator) reflecting best action: and practice in relation to preparing for - Independent Broad-based Anti- leave, staying connected while on leave, corruption Commission Act term reintegration into the workplace and career – corrupt conduct. (See also acceleration. Recommendation 17). • ensuring data collection and monitoring > Amending the Victoria Police Manual to captures access to flexible employment provide information regarding complaint options for both women and men and the processes related to executive level reasons for not accessing any entitlements in personnel. this area. • ensuring all of its supervisors are trained in dealing with flexible working requests Recommendation 6: Victoria Police review and what it means to refuse someone on recruitment and exit processes including: reasonable business grounds. • recruitment practices to ensure they align with best practice in screening to ensure the attitudes and expectations of all future Recommendation 8: Victoria Police review recruits align to the values and vision of and improve arrangements relating to the organisation, including an emphasis on promotion pathways for women including: respect and diversity. • through central and localised Equity and • physical employment standards to ensure Diversity strategies and workplans regularly they are aligned with role requirements review gender disaggregated data relating and consistent with Victoria Police’s OHS to key promotion criteria on who is accessing obligations. upgrade and transfer opportunities. • offering support to potential police and • training to be developed by PDC about PSO recruits at no fee to meet any physical utilising clause 63.6 of the Agreement to standards associated with general allow progression for constables who have recruitment as well as recruitment to taken a period of unpaid parental leave and specialist roles within the organisation. do not have 12 months’ salary payment at their current progression point, but otherwise
Appendix 1 349 meet the performance and capability criteria management training opportunities for promotion. are accessed by women. Where • designing and implementing employee there is not a sufficient pool of career planning and support, which includes women to draw from, managers will clear pathways and support for women nominate women with demonstrated to pursue professional development and people management capabilities and training in leadership and non-traditional leadership potential. roles and formal sponsorship. • Contemporary, evidence-based • Under academic governance guidance, management and supervisory training reviewing the Senior Management should be developed and incorporated into Leadership Program and learning support all Foundation, promotional and professional mechanisms to ensure alignment with the development training. contemporary requirements and needs of • The content and face-to-face delivery of the women for leadership. training should be developed and delivered in partnership with expert advisors/specialist Recommendation 9: In relation to learning external training provider that has expertise and professional development, Victoria in workplace management of harms based Police should review its training and on sexual harassment, sex discrimination education functions to align learning intent and gender equality. and future capability needs as expressed • This training will include the rights and in the Education Master Plan with administrative responsibilities of employees organisational processes. These include: and employers in the workplace and contextualised for each learner cohort. • the funding and training delivery model Training will incorporate: • PDC will establish an academic governance - definitions and meanings of sexual structure that includes independent expert(s) harassment, sex discrimination and with a primary focus in the field of gender, victimisation and their drivers and sex discrimination and sexual harassment impact. to advise on academic policies and all curricula and to guide teaching and learning - their responsibilities to prevent activities that support respectful and safe and respond to incidents of sexual gender relationships on a life-long learning harassment, gender based hostility continuum. and sex discrimination, including • ownership and funding for the review positive duty and liability under the and development of all training curricula Equal Opportunity Act. will reside with PDC and be informed by - appropriate responses to the target of academic governance processes, which will those behaviours to minimise the harm include external expertise. they experience and enhance their > Under academic governance guidance, safety in the workplace review the Senior Management - appropriate responses to the alleged Leadership Program and learning perpetrator(s). support mechanisms to ensure alignment with the contemporary - competence to refer/access informal requirements and needs of women for and formal options available to the leadership. target/victim. - Within 18 months, women’s access - understanding manager’s role in to leadership training is at least classification and recording issues proportional to their representation and the appropriate place to do this. in the overall, relevant workforce - understanding of manager’s (police, PSO, public service). Within rights and responsibilities in three years, 50 per cent of all senior considering requests for flexible
350 Independent Review work arrangements and strategies to Recommendation 11: That Victoria Police establish and manage them. reviews the inherent requirements for roles - understanding managers’ to ensure they reflect the tasks required. responsibilities to support bystander action and create safe and health workplaces. Recommendation 12: • Consistent with and feeding into the - understanding and promoting organisation-wide gender performance workplace diversity, in particular framework, performance in workplace gender equality, and practical equality and respect should be a compulsory applications of this through use of performance field or performance appraisal management processes, including and reward and incentive systems. This performance management. includes being a compulsory field of PDAs - the need to provide managers and executive management performance with guidance on making safe and agreements. appropriate referrals. • Inclusive management should be regarded - best-practice bystander intervention as an area of continuous and ongoing in sexual harassment and sex professional development for all employees. discrimination. • Managers who do not have and record conversations to support equality and • Participation in face-to-face training will respect in staff PDAs should be assessed as be compulsory for all managers and not meeting KPIs. supervisors annually. • Introduce upward assessment processes • All other employees should participate in for all supervisors and managers as part training biannually. of the performance development process. Feedback from this process should inform Recommendation 10: People Development ongoing training needs assessment and Command strengthens management development of the supervision and of risks associated with the Academy management training curriculum to be environment by: developed by PDC. • reviewing and updating the Professional • Performance development measures Boundaries course by the recommended for executives should be implemented academic governance structure to further to support people development in the focus it on issues of sexual harassment, workplaces they manage. Measures should sex discrimination and predatory behaviour, emphasise effectiveness over compliance. as well as to introduce gender equity and Consider processes that formally equality concepts to instructors. acknowledge executives assessed to be effective in developing people and building • maximum time in position is instituted for organisational capability, including those who police teaching staff in People Development pro-actively develop employees to reflect Command. the intended diversity of the Victoria Police • further tightening of the selection of field workforce at all levels. coaches with explicit regard for Victoria • Victoria Police reweights the capability Police values, including respect and equality descriptors guiding performance for women and men alike. assessment for supervisors and managers • further prescription of the management at all levels with additional focus on people steps taken by the Academy to manage risks management skills and demonstrated and victim/target safety detected, including leadership in building a skilled and diverse through the Evaluation Strategy or Learner workforce Surveys of sexual harassment or gender • Victoria Police should review and identify based discrimination the appropriate tracking and recording
Appendix 1 351 mechanism(s) for inappropriate workplace enhance its flexibility to build diversity, behaviours that warrant ongoing supervision set and enforce Victoria Police values and and management. behaviours. This includes: • providing further practical and coordinated Recommendation 13: Victoria Police policy guidance, readily available to all establish a workplace harm model that personnel on the interpretational criteria for the: includes: > Victoria Police Act terms conduct, misconduct and reason to believe • immediate establishment of an external ‘safe space’ service to provide confidential > Protected Disclosure Act terms – support to victims/targets of workplace harm improper conduct, and detrimental action: • an internal victim-centric workplace harm and unit to triage and case manage internal > Independent Broad-based Anti- complaints about workplace harm corruption Commission Act term – • an Independent Advisory Board (IAB) to corrupt conduct. provide expert advice and support to the • amending the Victoria Police Manual to provide Workplace Harm Unit information regarding complaint processes • an expert HR business partnering model to related to executive level personnel support local management. • considering revising classifications for end of service to include ‘resigned under Recommendation 14: The roles of Welfare investigation’ and this be used in the Gazette Services, including peer support, and and statements of service in cases within the Police Psychology be reviewed to ensure remit of this review their purpose and remit are clarified and to • consulting with the Director of Public ensure they are properly aligned, resourced Prosecutions to pursue and conclude and skilled to provide their core functions. disciplinary charges concurrently with criminal investigations/proceedings unless there is a real risk that the disciplinary matter Recommendation 15: Establish a specialist will prejudice the criminal proceeding. human resource business partnering model to: Recommendation 17: That Victorian • coach and mentor managers and supervisors Government work with ESSS to undertake throughout the business to enhance their a gender impact analysis of the defined supervisory and management skills benefit scheme, and undertake comparison • provide secondary human resource with other schemes. This analysis consultations to managers where specific should be used as evidence to review issues had been perceived or identified, the appropriateness of the scheme in including sexual harassment, predatory supporting contemporary career patterns, behaviour and sex discrimination flexible work, and wellbeing of all Victoria • support divisional engagement with the Police sworn personnel. workplace harm model and provide expert guidance preventative (gender diversity) and interventions for workplaces that were at risk of, or impacted by inappropriate behaviour.
Recommendation 16: Victoria Police should advocate for changes to its operating context and environment, and take interim actions where possible to
352 Independent Review Recommendation 18: The Victorian Government consider whether there are any legislative barriers in the Victoria Police Act 2013 and Protected Disclosure Act 2012 which prevent disclosure of the subject matter of a protected disclosure or assessable disclosure by Victoria Police personnel or Victoria Police work units to support services and to WorkSafe Victoria. If so, the Victoria Government should consider the most appropriate legislative amendment to enable disclosure in those circumstances.
Recommendation 19 • Police Registration and Services Board (PRSB) members should be provided with contemporary training in equal opportunity and human rights law, as well as the impact of sexual harassment and discrimination on victims. This should occur at induction for new members, immediately for current member, and then every two years. • That the PRSB work with specialist partners to develop guidelines on EO and HR and victim impact in decision-making
Recommendation 20: The Victorian Government and Victoria Police should streamline and simplify Victoria Police’s existing discipline system by considering and implementing the detailed recommendations for reform in: • the Office of Police Integrity report, A fair and effective Victoria Police discipline system (2007) • the Office of Police Integrity report, Improving Victoria Police discipline and complaint handling systems (2011) • the State Services Authority report, Inquiry into the command, management and functions of the senior structure of Victoria Police (2011)
Appendix 1 353 Appendix 2 Victoria Police Force Enterprise Agreement 2011 – Gender Equity Impact Assessment
Victoria Police commissioned the Victorian bargaining negotiations to replace the existing Equal Opportunity and Human Rights Agreement which nominally expires on 29 Commission (Commission) to undertake an November 2015. Review team staff met with Independent Review into Sex Discrimination industrial relations teams for Victoria Police, and Sexual Harassment, including Predatory and the Police Association Victoria, to discuss Behaviour, in Victoria Police (Review). The the headline issues that arose during our Review’s task is to examine the nature, assessment and potential solutions to those prevalence and impact of sex discrimination issues. Former Fair Work Commissioner Dianne and sexual harassment, and identify the drivers Foggo also provided advice. and workplace enablers of sex discrimination There are five headline proposals the Review and sexual harassment in Victoria Police. identified from the gender equity impact assessment of the Agreement and subsequent Gender Equity Impact Assessment consultations and interviews: 1. Including a statement of intent to provide As part of this process, the Review conducted an equitable and flexible workplace, and a gender equity impact assessment on the to take reasonable measures to prevent Victoria Police Force Enterprise Agreement discrimination, sexual harassment and 2011 (Agreement) in order to determine victimisation whether on its terms, or in its application or 2. Providing clarity around what flexible or interpretation, it might discriminate directly or family friendly clauses are contained within indirectly against Victoria Police employees on the Agreement and improving those clauses the basis of sex, pregnancy, parental or carer and practices status, or characteristics of those protected attributes. The Review also considered whether 3. Including additional leave for employees there are any matters that could usefully be experiencing family violence included in the Agreement, or other action that 4. Considering disadvantage that might arise could be taken in relation to application of the from the transfer and promotion processes. Agreement, which would support compliance by Victoria Police with their obligations as 5. Reinforcing, through progression criteria an employer duty-holder under the Equal in the Agreement, that personnel ought to Opportunity Act 2010 (Vic) including to take demonstrate a commitment to Victoria Police reasonable steps to eliminate discrimination, values. sexual harassment and victimisation as far as The recommendations, which relate to these possible. The evidence gathered during the five areas, focus primarily on changes that can Review has assisted with the identification of be made to the Agreement, either in terms of issues within the Agreement. additions or amendments which may reduce The gender equity impact assessment was the potential for discrimination to arise out completed between August and October of interpretation of the Agreement, or which 2015, in the context of the current enterprise will assist with Victoria Police complying with
354 Independent Review their positive obligation in section 15 of the accordance with clause 15 of the Agreement Equal Opportunity Act to take reasonable and and section 65 of the Fair Work Act). For proportionate steps to eliminate discrimination, example, increasing or decreasing hours of sexual harassment, and victimisation as far as work, changing the employee’s pattern or possible. location of work on their request, allowing for fixed hours or patterns of work, job share The need for complementary support for and arrangements or working from home. Some training of employees and managers in equal examples are already included in VPM 302–1 opportunity law, negotiating flexible options, (such as use of leave or part-time work) but moving to light duties and the provision of these and others (discussed below) could be meaningful work, and seeking transfer to a included in the Agreement for ease of reference safe job or returning from parental leave, will and to provide clarity and authority to managers be the subject of the broader Review report. on the full range of options available. Similarly, the need for education and information for employees and managers about options available for internal reviews of flexible work Improving flexible work entitlements requests (including requests for part-time work) Recommendation 4: Include clauses that have been refused, is also considered in providing for paid IVF leave and breastfeeding the Review report. breaks. IVF leave would allow an employee (with medical evidence) to take time off to attend Recommendations arising out of IVF-related appointments without reducing their personal leave entitlement. Breastfeeding the Assessment breaks would allow an employee to take additional breaks with appropriate facilities in order to breastfeed or express breast milk. Statement of Intent Extend the entitlement in Recommendation 1: Incorporate a statement Recommendation 5: of intent into the Agreement to provide a safe, clause 150 of the Agreement of reimbursement equitable and flexible workplace. for childcare arrangements (where the employee is required to perform duties in This will send a strong message that Victoria response to an unforseen emergency situation Police is committed to complying with its where there is no pre-existing child care obligations in the Equal Opportunity Act and arrangement) to other unexpected changes will provide managers and decision-makers to working hours. At the very least this should with guidance on the intention of the parties in include an equivalent entitlement to clause 36 agreeing the various flexibility terms within the of the Victorian Public Sector Determination Agreement. 2012 of reimbursement of reasonable childcare costs where an employee is required to work Providing clarity around flexible work overtime with less than 24 hours notice (which arrangements we understand is currently located in policy only). Recommendation 2: Create a summary flexibility clause which cross-references Recommendation 6: Include a clause clauses relating to flexible work practices in providing the ability for employees to apply for the Agreement. This can be located with the job share or home based work, where their work statement of intent. is amenable to that type of arrangement. Any This will provide ease of reference for those application for a job share or home based work seeking to understand their entitlements. should be subject to reasonable operational requirements and appropriate safeguards Recommendation 3: Provide examples in for the employee to return to full-time work the Agreement of the types of flexible work (for example through the use of two positions practices that can be requested or negotiated, worked part time, rather than two employees subject to reasonable business grounds (in sharing one full-time position with the same
Appendix 2 355 position number). These arrangements should Considering disadvantage arising out of be open for negotiation by any employee, but transfer, promotion and progression should particularly be targeted at senior female staff to address the low numbers of women in Recommendation 9: Under clause 63 of the senior roles at Victoria Police. Agreement, explicitly provide that all periods of paid parental leave (whether at full or half pay, Recommendation 7: Expand the EOI however described) count towards the four year process in clause 18 to apply to part-time period of service required for in situ promotion and/or temporary job openings such as from constable to senior constable, and the parental leave backfill roles. Clause 31.1 may service requirements for movement through need subsequent amendment to allow for progression points. an employee to work part time where they While this might be current practice, the are selected for an advertised position, have Agreement is ambiguous as to whether paid applied to work part time and the employer has leave is included, and this amendment will agreed, or where they have been transferred to clarify the position and reduce disadvantage a part-time position under clause 18. that might be caused by any alternative This will provide an additional mechanism for interpretation such as personnel being those currently working part time or on flexible disqualified for promotion or progression due to arrangements to be able to move locations taking parental leave entitlements. without fear of being required to return to full-time work and then re-negotiate flexible Demonstration of Victoria Police Values arrangements, in order to transfer. It ensures the benefit of transferring locations is not limited to Recommendation 10: Consider amending those working full time. clauses 63.8 and 63.10 of the Agreement to provide that suitability for progression will Supporting and protecting employees be assessed against the agreed policing experiencing family violence capabilities for the employee’s progression level (63.8) or requirements for Superintendant Recommendation 8: Include additional paid progression (63.10) and satisfactory family violence leave in the Agreement, as a demonstration of Victoria Police values and standalone entitlement. This entitlement should behaviours, to the appropriate level for the take into account the additional confidentiality officer’s rank and responsibilities. requirements that might be required due to This recommendation is aimed at addressing the nature of the Victorian Police Force, and those who have potentially problematic attitudes provide immunity to members of Victoria Police that contribute to sex discrimination and sexual against disciplinary charges where they do not harassment in the workplace. Changing the comply with mandatory obligations that require clause to include these performance and reporting of family violence against themselves behavioural measures would bring it into or a staff member. alignment with the “progression criteria” for The Review acknowledged the need to develop unsworn employees of Victoria Police, as set out a comprehensive family violence policy to in clause 22.3.2 of the Victorian Public Sector underpin the entitlement to family violence leave Determination 2012. This includes achieving in the Agreement, tailored to the circumstances performance targets, demonstrating public of Victoria Police. sector values and behaviours, and applying learning and development. Victoria Police would be able to ensure that the appropriate standard is set for each rank and responsibilities. This could reflect the importance of ethical leadership at more senior levels, such as Inspector and above. This is a focus of broader Review recommendations.
356 Independent Review Conclusion
By examining these broader structural and policy frameworks, the gender equity impact assessment provides an opportunity to focus on some of the direct and underlying causes of sex discrimination and sexual harassment in Victoria Police. The Commission considers that making these amendments to the Agreement and supporting actions, in addition to implementing the Action Plan soon to be provided by the Review, Victoria Police will have ample guidance on how to take reasonable steps to eliminate discrimination, sexual harassment and victimisation within the workplace. This advice was forwarded to the Police Association Victoria and Victoria Police on 19 November 2015.
Appendix 2 357 Appendix 3 Victoria Police rank and classification structure
Police Public servants Chief commissioner Executive Officer Grade 1 Deputy commissioner Executive Officer Grade 2 Assistant commissioner Executive Officer Grade 3 Commander Senior Medical Advisor Superintendent Senior Technical Specialist Grade 7 Chief inspector Victorian Public Servant Grade 6 Inspector Victorian Public Servant Grade 5 Senior sergeant Victorian Public Servant Grade 4 Sergeant Victorian Public Servant Grade 3 Senior constable / Leading senior constable Victorian Public Servant Grade 2 Constable Victorian Public Servant Grade 1 Recruit Forensic Officer Grade 7 Reservist Forensic Officer Grade 6 Forensic Officer Grade 5 Protective services officers Forensic Officer Grade 4 PSO Senior supervisor Forensic Officer Grade 3 PSO Supervisor Forensic Officer Grade 2 PSO Senior Forensic Officer Grade 1 PSO First class PSO Other Senior pilot Line pilot Check and training pilot
358 Independent Review Appendix 4 Glossary
ADF - Australian Defence The military organisation responsible for the defence of Australia. It Force consists of the Royal Australian Navy, Australian Army, Royal Australian Air Force. ADRAC - Alternative Work unit of Human Resources Department active from 2008 to Dispute Resolution 2010, responsible for resolving issues of sexual harassment and sex Advisory Centre discrimination. Benevolent sexism Sexism that may appear positive but may be damaging to the individual and work against achieving gender equity more broadly. Such sexism is often based on the notion that women need men’s protection. Bystander A person who witnesses sexual harassment or sex discrimination. CASA - Centres against A network of fifteen non-profit, government funded organisations that Sexual Assault provide support and intervention to women, children and men who are victim/survivors of sexual assault. Command Has various meanings within Victoria Police. Used to refer to: one of three types of second tier organisational units, along with region and department; senior leadership group comprising assistant commissioners and directors and; a management style (as in command and control) involving directing, with authority, the employees and resources to perform the required roles and tasks. CPSU - Community and Federal union with representation in every state and territory which Public Sector Union covers Victorian public servants. Dedicated training Designated 24 hour police stations where probationary constables work workplace during their Foundation Training program. Detrimental action Has the same meaning as in the Protected Disclosure Act 2012 (Vic) and refers to negative action taken or threatened to be taken against a person in reprisal for a report made under the Act. Examples of detrimental action included in the Act are (a) action causing injury, loss or damage; (b) intimidation or harassment; (c) discrimination, disadvantage or adverse treatment in relation to a person's employment, career, profession, trade or business, including the taking of disciplinary action. (See also ‘victimisation’). ECRU - Equity and Work unit of Victoria Police within the Human Resources Department in Conflict Resolution Unit operation from 2004–2008, responsible for resolving issues of sexual harassment and sex discrimination. ESSS Emergency Services and State Super Executive Command The executive body of Victoria Police comprising the Chief Commissioner, three deputy commissioners and two executive directors.
Appendix 4 359 Executive interviewee In reference to participants in this Review, this means a person in Victoria Police Executive Command or Victoria Police Command (senior leadership group comprising assistant commissioners and directors). External expert In reference to participants in this Review, this means a person not employed by Victoria Police who has specialist experience or knowledge in a relevant area. Fair Work Commission The Commonwealth industrial relations body that has powers to hear certain disputes related to Victoria Police public servants, police and protective services officers. Female interviewee In reference to participants in this Review, this means a woman who participated in a confidential interview. Former executive In reference to participants in this Review, this means a past employee of Victoria Police at the police ranks of assistant commissioner, deputy commissioner or chief commissioner or a public servant of the level executive officer 2. HRD - Human Resource A department within Victoria Police that sits within the Business Services Department arm of the organisation. Gender equality Means equality between men and women, entails the concept that all human beings, both men and women, are free to develop their personal abilities and make choices without the limitations set by gender identity stereotypes, gender roles and prejudices, social norms and structures. Gender equality means that the different behaviour, aspirations and needs of women and men are considered, valued and favoured equally. It does not mean that women and men have to become the same, but that their rights, responsibilities and opportunities will not depend on whether they are born male or female. Gender equity Means fairness of treatment for women and men, according to their respective needs. This may include equal treatment or treatment that is different but which is considered equivalent in terms of rights, benefits, obligations and opportunities. Gender equity leads to equality. Gender-based hostility In reference to this Review, this means attitudes or norms that are unfriendly, intimidating or potentially threatening to a person because of perceptions about heir gender. IBAC - Independent Victoria’s anti-corruption agency responsible for preventing and Broad-based Anti- exposing public sector corruption and police misconduct. IBAC may corruption Commission also investigate serious corruption and police misconduct. LGBTI Lesbian, gay, bisexual, transgender and intersex. The Review also uses ‘LGB’ in certain contexts. Male interviewee In reference to participants in this Review, this means a man who participated in a confidential interview. OSBB - Organisational Recently established work unit of Victoria Police Human Resource Standards and Behaviours Department which manages workplace issues within the organisation. Branch
360 Independent Review Participants People who contributed to the Review through participating in an interview, providing a written submission, completing the survey or speaking with the Review team on site visits. People Matter Survey The People Matter Survey is an annual employee opinion survey run by the Victorian Public Sector Commission (VPSC) for Victorian public sector organisations. Victoria Police participates in the survey. PRSB - Police Registration An independent statutory body that provides for external appeal and Services Board and review of certain Victoria Police decisions affecting police and protective services officers Positive duty Refers to the duty of employers under Part 3 of the Equal Opportunity Act 2010 (Vic) to take positive action to eliminate discrimination, sexual harassment and victimisation. Predatory behaviour Within the survey predatory behaviour was defined as people “misusing their authority or position to manipulate circumstances or people to gain sexual or other personal gratification for themselves or others”. Within the scope of this project, predatory behaviour refers to behaviour that falls within the definition of sexual harassment and specifically targets and aims to exploit others. Primary prevention Adapts the meaning of primary prevention used in public health. Primary prevention in the sexual harassment and sex discrimination domains has the goal to limit the incidence of harassment and discrimination and their consequences by measures that eliminate or reduce their causes or determinants. PDC – Professional Organisational unit of Victoria Police responsible for education and Development Command training. PSC - Professional Organisational unit of Victoria Police responsible for ethical health and Standards Command integrity management. Protected disclosure Previously known as ‘whistleblower complaints’, a protected disclosure has the same meaning as section 3 of the Protected Disclosure Act 2012 (Vic). PSO - Protective services Protective services officers are sworn officers of Victoria Police who officer/s have fewer powers than police. Their legislated functions are protection of (a) persons holding certain official or public offices; and (b) the general public in certain places; and (c) certain places of public importance. They have specified powers to apprehend, arrest, search and fine people within 'designated places'. Public servant/s Personnel of Victoria Police who are not sworn officers, being Victorian Public Service (VPS) personnel, forensic officers, senior medical advisors, and (unless specifically excluded) executive officers. ROCSID - Register of Information system used by Professional Standards Command of Complaints, Serious Victoria Police to manage allegations and investigations of complaints Incidents and Discipline regarding unethical behaviour of Victoria Police personnel. Senior manager In reference to participants in this Review, this refers to police ranks of inspector and superintendent, public servant grades of VPS6, VPS7 and EO3, protective service officer rank of PSO.
Appendix 4 361 Sex discrimination Has the same meaning as the Equal Opportunity Act 2010 (Vic) s 7, Treating, or prosing to treat a person unfavourably because of their sex or characteristics associated with their sex. For example, carer responsibilities, pregnancy and breastfeeding. Sexual harassment Has the same meaning as the Equal Opportunity Act 2010 (Vic) s 92: ‘a person sexually harasses another person if he or she— (a) makes an unwelcome sexual advance, or an unwelcome request for sexual favours, to the other person; or (b) engages in any other unwelcome conduct of a sexual nature in relation to the other person— in circumstances in which a reasonable person, having regard to all the circumstances, would have anticipated that the other person would be offended, humiliated or intimidated. There is a range of behaviours that may constitute sexual harassment, from intrusive questions about someone’s private life or the way they look, sexually suggestive behaviour, such as leering or staring or offensive gestures, brushing up against someone, touching, fondling or hugging, sexually suggestive comments or jokes, through to criminal offending such as assault and sexual assault as well as predatory behaviour. SOCIT - Sexual Offences Team of specialist detectives within Victoria Police who are trained to and Child Abuse respond to and investigate sexual assault and child abuse. Investigation Team Supervisor Refers to police ranks of sergeant and senior sergeant; PSO rank of supervisor and senior supervisor Sworn member/s Police and protective services officers. Target or target/victim Person who has experienced some form of sexual harassment or predatory behaviour. The word victim may be problematic in this context as it may perpetuate stereotypes about lack of agency or resilience for people targeted by these behaviours. TPAV - The Police The union representing Victorian police and protective services officers. Association Victoria Victimisation Has the same meaning as the Equal Opportunity Act 2010 (Vic) s 104 and refers to subjecting or threatening to subject a person to detriment because they have asserted their rights under the Act, for example making a complaint or giving evidence in connection with a matter. The term is also used informally in this report to refer to negative actions taken against a person in retaliation for making a complaint about sex discrimination or sexual harassment including predatory behaviour. (see also ‘detrimental action’). Victim/survivor Used to describe people who have experienced sexual assault, consistent with its usage by the Centres against Sexual Assault (CASA) and Victoria Police SOCIT. Victoria Police personnel Includes police, protective services officers, public servants and executive officers. The term ‘personnel’ is used interchangeably with ‘employees’ and ‘staff’.
362 Independent Review VPS - Victorian Public The acronym VPS is often used to refer to public servant/civilian Service personnel, although ‘public servant’ is a broader category (see also ‘public servant’). VPSC - Victorian Public This body, headed by a Commissioner, was established in 2014 with Sector Commission a number of legislated functions. These include to strengthen the efficiency, effectiveness and capability of the public sector in order to meet existing and emerging needs and deliver high quality services and to maintain and advocate for public sector professionalism and integrity. Workplace harm Refers to the detrimental effects of being targeted by inappropriate behaviour of work colleagues. For the purposes of this Review such inappropriate behaviours include sex discrimination (including gender-based bullying), sexual harassment, predatory behaviour, and victimisation; however a broader definition would include detrimental effects resulting from all forms of inappropriate behaviour by colleagues. WorkSafe Victoria Victorian statutory body responsible for managing: health, safety and welfare in the workplace under the Occupational Health & Safety Act 2004 (Vic); workers' compensation and the rehabilitation of injured workers under the Accident Compensation Act 1985 (Vic) and the Workplace Injury Rehabilitation and Compensation Act 2013 (Vic) and; employer insurance and premium under the Workplace Injury Rehabilitation and Compensation Act 2013 (Vic).
Appendix 4 363 Appendix 5 Site visit summary
Eastern Region Western Region
• Bairnsdale police station • Ballarat police station • Box Hill police station • Bendigo police station • Wangaratta police station • Geelong police station • Mildura police station North West Metro Region • Sunshine police station • Warrnambool police station • Broadmeadows police station • Fitzroy police station Central • Melbourne East police station • Melbourne West police station • Crime Command • Human Resource Department (various work Southern Metro Region units) • Office of the Chief Commissioner • Caulfield police station • Professional Development Command • Dandenong police station (various work units) • Frankston police station • Professional Standards Command (various • Prahran police station work units) • Road Policing Command (various work units) • Task Force Salus • Transit & Public Safety Command (various work units)
364 Independent Review