The Queensland Government has introduced new requirements to strengthen the regulation of sexual and sex/gender-based harassment in the workplace. This legislation builds on existing psychosocial risk provisions and demands that employers actively manage and prevent sexual harassment and sex/gender-based harassment—no longer waiting for issues to arise before taking action.
These obligations are similar to the “positive duty” to eliminate sexual harassment found under federal and some State discrimination laws. However, the Queensland WHS laws can lead to higher penalties, including potential criminal penalties, and hold Boards and Executives personally accountable if they fail to exercise due diligence.
“One in three people have experienced it in the past five years, and most never report it. How a business responds can greatly affect the experience of the person reporting harassment.”
– The Queensland Government
What is sexual harassment and sex or gender-based harassment?
Sexual harassment and sex or gender-based harassment are psychosocial hazards known to cause physical and psychological harm.
- Sexual harassment means any unwelcome sexual behaviour that a reasonable person could anticipate may make another person feel offended, intimidated or humiliated in that situation.
- Sex or gender-based harassment means the harassment of a person on the basis of the person’s sex or gender, by unwelcome conduct of a demeaning nature, with the intention of offending, humiliating the person or in circumstances where a reasonable person would have anticipated the person would be offended, humiliated or intimidated by the conduct.
How can employers proactively prevent this?
| Learn to Identify the risks
Use real-time data sources such as anonymous surveys, complaint records, and exit interviews to uncover patterns or “hot spots” where harassment may be more likely.
| Implement control measures
Provide targeted training that reflects real-world scenarios, equip managers with de-escalation techniques, and regularly communicate your zero-tolerance stance.
| Implement a prevention plan
This plan should specify timelines, assign responsibilities, and schedule regular audits. Incorporate lessons from incidents, update training, and gather input from all levels.
Note: Queensland currently has the highest standards in the nation. Complying with Queensland’s rules generally ensures compliance elsewhere in Australia
Key Dates and Requirements
From 1 September 2024
Employers must explicitly manage sexual and sex/gender-based harassment risks, which includes:
- Expressly manage the risk to health and safety from sexual harassment and sex or gender-based harassment at work. e.g. having in place a specific sexual harassment risk assessment, based on consultation feedback from the workforce.
- In determining control measures, have regard to all relevant matters in relation to the risk of sexual harassment and sex or gender-based harassment at work including matters relating to characteristics of the workers, the workplace and the environment.
- Monitor and review as necessary control measures where reports of sexual harassment or sex or gender-based harassment are received.
From 1 March 2025 – Prevention Plan Required
Employers must prepare a prevention plan to manage identified risks to the health or safety of workers, or other, from sexual harassment and sex or gender-based harassment at work.
The obligation to prepare a prevention plan applies where a risk of sexual harassment or sex/gender based harassment has been identified and control measures are required.
Further guidance and information on the preparation of a prevention plan will be provided prior to the commencement of this requirement. This will include a prevention plan template which outline necessary matters such as:
- identified risks;
- identified control measures (implemented or to be implemented) to managed each identified risk;
- identified matters considered in determining the control measures;
- describe the consultation undertaken in line with the legislation.
If a risk of sexual harassment or sex/gender based harassment has not been identified, e.g. where the PCBU is a sole trader, a prevention plan will not be required.
What actions can I take now?
Start or Review Your Risk Assessment:
Conduct a standalone sexual harassment risk assessment, including control measures and workforce consultation.Clarify Reporting Processes:
Make sure employees know how to report harassment, and remind them of these provisions regularly.Keep the Assessment Current:
Update your risk assessment based on complaints, feedback, and regular reviews.Strengthen Due Diligence Reporting:
Brief Executives and Board members on the new laws to ensure they understand and address these risks.Update Training:
Ensure all employees, leaders, contractors, and volunteers receive up-to-date training on preventing and addressing harassment.
Equip leaders with the skills and confidence to respond empathetically and supportively to anyone who reports harassment.
Protecting Your Business and Employees
Should you need assistance in developing a prevention plan or require bespoke training in preventing discrimination and harassment in the workplace, contact us at IRiQ Law.
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