Legal Update for Queensland Businesses: Sexual Harassment Prevention Plan

The Work Health and Safety (Sexual Harassment) Amendment Regulation 2024 was passed by Parliament on 1 September 2024, and means that a Person Conducting a Business or Undertaking (PCBU), needs to manage the risk to health and safety at work from sexual harassment or sex or gender-based harassment.

The regulation firmly identifies sexual harassment as a Work Health and Safety issue and requires businesses to have a sexual harassment prevention plan in place by 1 March 2025.

From this date, all Queensland-based PBCUs must prepare and implement a prevention plan, meaning that employers now have a duty to prevent sexual harassment from occurring — not only to respond to incidents that have already occurred. This requirement follows other amendments that commenced on 1 September 2024, which required PCBUs to implement control measures in relation to the risk of sexual harassment and sex or gender-based harassment.

The prevention plan must focus on managing identified risks to the health and safety of workers, or other persons, in the workplace. PCBUs must ensure that the plan complies with the requirements in section 55H of the Work Health and Safety Regulation 2011 (WHS Regulation).

Duty to prepare and implement the prevention plan

The PCBU must prepare, and implement, a prevention plan that:

• is in writing;

• states each identified risk;

• identifies the control measures implemented or to be implemented to manage each identified risk.

• identifies the matters considered in determining the control measures (e.g. age, gender, sex, sexual orientation, disability, work environment or culture, and lack of diversity in the workplace generally or in particular decision-making positions) and any other relevant matters for determining control measures for psychosocial risks;

• describes the consultation with workers undertaken by the business;

• sets out procedures for dealing with reports of sexual harassment and sex or gender-based harassment (including reporting and investigation processes); and

• be set out in a way that is readily accessible and understandable to workers.

Other duties

The PCBU must also:

• take reasonable steps to ensure workers are made aware of the prevention plan and know how to access it; and

• review the plan as soon as practicable after the report is made if a report of sexual harassment or sex or gender-based harassment at work is made, or as soon as practicable after a health and safety committee for the workplace or a worker’s health and safety representative requests a review of the plan; or

• otherwise, every 3 years.

Consequences

Failure to prepare and implement a prevention plan with the prescribed requirements or failure to take reasonable steps to ensure workers are made aware of the prevention plan and how to access it, could expose your business to a fine of 60 penalty units (currently $9,679) for each failure. The Work Health and Safety regulator can issue on-the-spot fines (infringement notices), improvement notices, and prohibition notices for failing to comply with the obligation.

Key Action Points for Companies and In-House Counsel

• PCBUs in Queensland must take steps to consult with workers to prepare and implement a compliant sexual harassment prevention plan before March 1.

• PCBUs in other states should also begin the process of preparing and implementing sexual harassment prevention plans as best practice and in anticipation of potential similar legislation being enacted in the future in other states.

• Workers should first be meaningfully consulted as part of developing the prevention plan.

• PCBUs should have regard to the characteristics of workers, the workplace and the work environment when assessing, identifying, and controlling the risks for sexual harassment and sex or gender-based harassment.

For a prevention plan template, Brightsafe has you covered.

How HR software can help

For a document library full of more templates and guides for your business, BrightBase has you covered.

To prevent sexual harassment from occurring within your workplace, get the guidance and HR advice you need from our employment relations specialists available to BrightHR clients 24/7.

Contact the BrightHR team today for more information or book a demo of our award-winning HR software.