The recent reporting of alleged sexual misconduct at BHP and Rio Tinto WA mine sites is concerning. The allegations are largely about some men’s inappropriate behaviours towards fellow women miners on site and often after off-shift drinking sessions.
As emphasised in past Blogs and Vlogs on this site a complaint of an unlawful act is not an unlawful act unless:
- The complaint has been independently and thoroughly investigated by a competent investigating authority such as WA Police, as distinct from a hastily convened committee, and the matter complained of deemed by police to be unlawful; and,
- The person subject to the complaint has been found guilty by a properly informed court.
FIFO workers concerns over sexual misconduct
In recent days we have fielded a good number of telephone calls from both men and women FIFO workers concerned about their time on site. In the case of men, their main concern is being reported for “something they did not do and what are their options” and “what exactly covers Sexual Misconduct”.
In the case of women, their main concern is also “what is Sexual Misconduct” and “what should they do if confronted either for themselves or a colleague”. The callers are not asking questions because they are involved in such a case. These inquiries are of a general nature, and some both men and women almost going to the extent of seeking protective measures.
If you are a FIFO worker and you want to know more about the subject and how you could protect yourself it would be in your interest to contact a criminal lawyer to discuss your concerns.