The Moment That Matters: When Someone Speaks Up, How You Respond Matters Most
Supporting employees who have experienced inappropriate workplace behaviours is not just the right thing to do—it is now a legal obligation under Australia’s Positive Duty framework. Under the Sex Discrimination Act 1984 (Cth), the Respect@Work reforms require employers to take proactive and preventative action to eliminate workplace sexual harassment, harassment based on sex, discrimination, and related conduct.
Standard 5 of the Positive Duty compliance framework emphasises the need to provide appropriate support to workers who experience or witness inappropriate behaviours. Support can come through a range of internal or external channels—HR teams, people leaders, Employee Assistance Programs, or specialised external providers—but it must be accessible, effective and aligned with a person-centred and trauma-informed approach.
Why Support Matters
When inappropriate behaviour occurs, how an organisation responds can either reinforce trust and psychological safety—or cause further harm. A compassionate, person-centred response validates the individual’s experience and encourages early reporting. Conversely, poor handling of disclosures—such as minimisation, disbelief, or pressure to formalise a complaint—can retraumatise individuals and deter others from speaking up.
People leaders are often the first point of contact when someone discloses inappropriate behaviour. Their ability to listen without judgment, respect the agency of the person disclosing, and connect them to support is critical. This is not a legalistic or procedural moment—it’s a human one. Leaders must be trained to respond in ways that do no further harm.
Trauma-Informed Investigations
In cases where formal action is required, investigations must be conducted with care. A trauma-informed investigation doesn’t mean compromising procedural fairness—it means acknowledging that the investigation process itself can be distressing and taking steps to minimise further harm.
This includes:
- Ensuring the person’s consent, safety and privacy are respected.
- Communicating clearly and transparently.
- Avoiding unnecessarily repeated retellings of traumatic events.
- Being mindful of power dynamics and the psychological impact of the process.
How the iAcademy Can Help
Intersection’s iAcademy provides specialised training to help people leaders, HR professionals, and workplace investigators build the knowledge and skills required to support employees, and meet Positive Duty obligations.
Our programs include practical training in:
- Responding to disclosures with a trauma-informed and person-centred approach.
- Managing psychosocial risks in teams.
- Conducting person-centred, trauma-informed investigations.
Through a mix of eLearning and in-person training, iAcademy empowers professionals to take preventative, supportive, and legally compliant action.
Independent Trauma-Informed Investigations
For sensitive or complex matters, Intersection also provides independent investigation services. Our team is skilled in trauma-informed methodology, ensuring investigations are respectful, fair and aligned with legal and human rights standards. We bring not only investigative rigor but a deep understanding of the psychological and cultural dynamics that can influence these cases.
Supporting employees is not an afterthought—it is central to a safe, lawful, and high-performing workplace. With the right tools, training and commitment, organisations can meet their Positive Duty obligations and foster a culture where people feel safe to speak up and supported when they do.
Intersection has a range of advisory and education offerings to support you meet and exceed your leadership obligations. Reach out to Talk to us today.