It is crucial that the regulators within the new regulatory model have appropriate understanding, skills and knowledge in relation to sexual harassment. The Commission therefore recommends that the Fair Work Ombudsman and Fair Work Commission ensure that their staff undertake training and education on the nature, drivers and impacts of sexual harassment to inform their work, and that statutory office holders are also encouraged to undertake this training and education. This should be undertaken with guidance from the Workplace Sexual Harassment Council. The training and education should include information on the role of gender inequality in sexual harassment, and make clear that it is a form of gender-based violence. Work health and safety Established in 2011, the Model WHS laws comprise the Model WHS Act, the Model WHS Regulations and 24 Model Codes of Practice. The Model WHS laws, implemented in all jurisdictions other than Victoria and Western Australia, do not expressly prohibit sexual harassment. However, they impose a positive duty on employers to prevent sexual harassment in the context of the broad duty to eliminate or manage hazards and risks to a worker’s health, which includes psychological health and therefore sexual harassment. In consultations and submissions, the Commission heard that the lack of an express WHS Regulation, Code of Practice or guideline means that workplace sexual harassment is not being addressed by WHS regulators or employers in a consistent, robust or systemic way. There is an urgent need to raise awareness that sexual harassment is a work health and safety issue. Relevantly, an independent review into the Model WHS laws, released in February 2019 (the Boland review), also recommended the development of additional regulations on how to identify psychosocial risks in the workplace and the appropriate control measures to manage those risks.58 Accordingly, the Commission recommends that WHS ministers agree to amend the model WHS Regulation to deal with psychological health, as recommended by the Boland Review, and develop guidelines on sexual harassment, with a view to informing the development of a Code of Practice. Sexual harassment should be defined consistently with the definition of sexual harassment in the Sex Discrimination Act. The Commission acknowledges that this will require a cultural and institutional shift in a field that has historically focused on physical harm and risks. The Commission therefore also recommends that the staff of Safe Work Australia and other WHS regulators, with guidance from the Workplace Sexual Harassment Council, undertake training and education on the nature, drivers and impacts of sexual harassment to inform their work. Respect@Work: National Inquiry into Sexual Harassment in Australian Workplaces • 2020 • 31