Today’s correspondent asks about a duty of care when recruiting. I’m told the story of

Two people want to join and attend a training or maintenance night.

Person A makes a statement which person B finds that sexually in appropriate and feels uncomfortable due to what occurred.

Where is the duty of care given that they are not members?  Do we have to act and in what capacity?

Additionally, what protections are in place if there was a complaint that involved a new potential recruit making an inappropriate comment to a member.

Any service has a duty to ensure that the meeting is a safe place. This duty is a duty to workers (which includes volunteers) and to those affected by the work of the service (model Work Health and Safety Act 2011 s 19(1)).  There is also a duty to ‘take reasonable and proportionate measures to eliminate, as far as possible … sexual harassment, or harassment on the ground of sex’ (Sex Discrimination Act 1984 (Cth) s 47C and equivalent state and territory legislation).

In the circumstances there would be a duty to take the complaint seriously which would probably require taking Person A aside to ask what happened and counsel them on what is appropriate behaviour. It may terminate their application for membership there and then.

Equally if a new potential recruit made an inappropriate comment to a member the same provisions would apply. There is a duty to ensure the workplace is safe and free of sexual harassment so it would be incumbent to address the issue and, as I say, that may be the end of the potential recruit’s application for membership.

This blog is made possible with generous financial support from the Australasian College of Paramedicine, the Australian Paramedics Association (NSW), Natural Hazards Research Australia, NSW Rural Fire Service Association and the NSW SES Volunteers Association. I am responsible for the content in this post including any errors or omissions. Any opinions expressed are mine, and do not necessarily reflect the opinion or understanding of the donors.