Preventing Sexual and Gender-Based Harassment: Employer Obligations
Further to our article dated December 17, 2024, Queensland employers must have a written Prevention Plan in place to manage risks related to sexual and gender-based harassment at work from 1 March 2025.
This new duty comes under section 55H of the Work Health and Safety Regulation 2011 and carries legal weight.
Check out our FAQs below to understand what’s required and the steps you should be taking.
FAQs: New Sexual Harassment Prevention Plan Requirements in Queensland
What is changing from 1 March 2025?
From 1 March 2025, all Queensland businesses and organisations must have a Sexual Harassment Prevention Plan if a risk of sexual harassment or sex or gender-based harassment has been identified in the workplace. This is a legal requirement under amendments to the Work Health and Safety Regulation 2011 (Qld).
Who does this apply to?
The new laws apply to all Persons Conducting a Business or Undertaking (PCBUs) in Queensland, which includes:
✅ Employers (the obligation applies regardless of size)
✅ Business owners
✅ Contractors
✅ Organisations (including not-for-profits)
✅ Government agencies
Any workplace that identifies a risk of sexual harassment must have a written plan in place.
What must be included in the prevention plan?
A Sexual Harassment Prevention Plan must include:
- Identified risks of sexual harassment and how they may occur in your workplace.
- Control measures to eliminate or minimise risks.
- Consultation process, outlining how workers were engaged in developing the plan.
- Reporting and response procedures for complaints, including confidentiality and support for affected individuals.
- Review requirements, ensuring the plan is updated regularly or after an incident.
- Accessibility—the plan must be easy for all workers to read and understand.
What happens if businesses don’t comply?
Failure to have a Sexual Harassment Prevention Plan in place may result in significant penalties, including fines and potential legal consequences. The Queensland Government is taking a proactive enforcement approach, meaning businesses should act now to avoid compliance risks.
What are the specific penalties?
- Failure to Prepare a Prevention Plan: Not having a written plan to manage identified risks of sexual harassment or sex or gender-based harassment can lead to fines up to 60 penalty units. As of the current rate, one penalty unit equals $161.30, making the total fine $9,678.
- Failure to Implement the Prevention Plan: Having a plan but not effectively putting it into action can also attract fines up to 60 penalty units ($9,678).
- Failure to Review the Prevention Plan: Not reviewing the plan as required—such as after an incident, upon request by a health and safety representative, or at least every three years—can result in additional fines up to 60 penalty units ($9,678).
Each of these failures is considered a separate offense, meaning multiple fines can be imposed if a business neglects multiple obligations. Beyond financial penalties, non-compliance can lead to increased liability in sexual harassment claims, reputational damage, and potential loss of business credibility.
How often should the Prevention Plan be reviewed?
The plan must be reviewed:
✔️ As soon as possible after a report of sexual harassment is made.
✔️ If requested by a health and safety committee or representative.
✔️ At least once every three years.
How does this affect businesses outside of Queensland?
Currently, this requirement is specific to Queensland. However, all Australian states and territories have workplace safety laws requiring employers to address psychosocial risks, including sexual harassment.
Businesses outside Queensland should check their state’s Work Health and Safety (WHS) laws to ensure compliance with similar obligations.
Where can I get help to create my Prevention Plan?
To help businesses comply quickly, we have created a ready-to-use Sexual Harassment Prevention Plan Template.
When you purchase the template, you can access an up to 30-minute phone consultation with one of IRiQ Law’s solicitors and discuss the implementation of the Prevention Plan in your workplace.
Get Your Template and Book Your Consultation Here
What should I do right now to prepare?
Purchase the Prevention Plan template and start customising it for your workplace.
✔️ Identify risks related to sexual harassment in your organisation.
✔️ Consult with employees and ensure they understand their rights and reporting procedures.
✔️ Implement control measures to reduce risks and prevent incidents.
✔️ Schedule regular plan reviews to stay compliant.
Who should I contact if I have more questions?
If you need further assistance, feel free to reach out to us at: iriqlaw@iriqlaw.com.au | (07) 3077 6767
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