Have Operations in QLD? Your Sexual Harassment Prevention Plan is Required by March
The Queensland Government has now introduced the Work Health and Safety (Sexual Harassment) Amendment Regulation 2024, requiring businesses to proactively manage workplace sexual harassment. This new regulation emphasises prevention through mandatory risk management and comprehensive planning.
Prevalence of Sexual Harassment in Australian Workplaces
Workplace sexual harassment remains a significant issue in Australia. According to the Australian Human Rights Commission's 2018 National Survey:
One in three people (33%) reported experiencing sexual harassment at work in the last five years.
The prevalence is higher for women (39%) than men (26%).
Alarmingly, one in two people have either been a victim of sexual harassment or witnessed it as a bystander.
For more than half of those who experienced repeated harassment, it lasted for more than six months.
Certain industries, such as information and media (49%), arts and recreation (47%), and retail trade (40%), report even higher rates than the national average.
These statistics highlight the importance of the Amendment Regulation in ensuring workplaces are safe, and inclusive.
Key Changes to WHS Regulation
The Work Health and Safety Regulation 2011 has been strengthened to explicitly require the management of sexual and sex or gender-based harassment risks. It now clearly outlines the factors to consider when determining control measures and mandates that PCBUs document and implement prevention strategies for identified risks.
These updates are part of the Amendment Regulation, which introduces two major changes.
Since 1 September 2024, businesses have been required to consider specific worker and workplace characteristics when implementing control measures to manage risks of sexual or sex-based harassment.
Starting 1 March 2025, businesses must prepare a Prevention Plan that outlines identified risks, implemented controls, and procedures for managing harassment reports.
Control Measures: What to Consider
Businesses must now factor in characteristics like age, gender, disability, or sexual orientation, as well as workplace culture, work environment, and systems of work, when designing risk controls. Industries with high-risk profiles, and certain groups of people who are at higher risk such as on-hire, CALD, and migrant workers, and young workers, may require tailored approaches. Control measures must be reviewed if a harassment report is made.
Prevention Plan Requirements
Effective 1 March 2025, businesses must have a written Prevention Plan that identifies risks, control measures, and consultation processes. It must also detail procedures for reporting and investigating harassment, ensuring accessibility for all workers. Consultation with workers when preparing the Prevention Plan is essential and a legal obligation under work health and safety laws, when identifying and mitigating risks. Non-compliance could result in penalties of up to $9,678 (60 penalty units, but the maximum penalty can be increased annually) for failing to:
implement a Prevention Plan;
take reasonable steps to ensure workers are made aware of the Prevention Plan; or
review the Prevention Plan as required.
Building on Existing Duties
These new obligations expand on existing obligations under WHS laws to proactively manage sexual harassment, and the “positive duty” introduced in December 2022 under the Respect at Work laws within the Sex Discrimination Act. This marks a significant step in moving beyond traditional risk assessments to enforce proactive measures. Businesses should prepare for increased scrutiny from the WHS Regulator as compliance becomes a key focus.
Steps for Businesses
To meet these obligations, businesses should review and update current control measures, consult with workers, and draft their Prevention Plan well ahead of the March 2025 deadline. Aligning HR and WHS systems, providing staff training, and maintaining detailed compliance records will be critical.
A Broader Implication
While these changes apply to Queensland, they could pave the way for similar reforms nationwide. By adopting these measures, businesses not only comply with regulations but also foster a safer, more inclusive workplace culture.
Risk Collective encourages businesses to build this Prevention Plan, so it applies to operations across jurisdictions. Even though other jurisdictions don’t specifically require it, businesses have obligations to identify and proactively manage sexual harassment. This approach demonstrates a commitment to meeting these broader obligations.
Checklist for Prevention Plan
Ensure your Prevention Plan includes the following key elements:
Written Documentation
Clearly outline each identified risk related to workplace sexual harassment.
Control Measures
Specify the control measures implemented (or planned) to manage each identified risk.
Risk Assessment Details
Include the considerations made when determining the control measures.
Consultation with Workers
Describe how workers were consulted during the development of the plan.
Reporting and Investigation Procedures
Detail the process for:
Making a report of harassment.
Investigating the report.
Informing the person of the investigation's results.
Accessible and Understandable Language
Ensure the plan is written in a way that all workers can easily access and understand.
Regular Reviews
Review the plan every three years, or sooner if:
A report of sexual harassment is made*
A health and safety committee or representative requests a review.
*The complaint does not have to be substantiated to trigger a review.
Need support in preparing your Sexual Harassment Prevention Plan?
Preparing a comprehensive Sexual Harassment Prevention Plan can be an involved process. Our team can guide you in developing a plan that aligns with regulatory requirements and supports your business's specific needs.
Contact us today to find out how we can support you in creating a Prevention Plan that assists in protecting your workers and fosters a positive workplace culture.