Continued evolution in sexual harassment in the workplace now firmly identifies sexual harassment as a workplace health and safety issue.
The Work Health and Safety (Sexual Harassment) Amendment Regulation 2024 (Regulation) requires a Person Conducting a Business or Undertaking (PCBU), to manage the risks of health and safety at work from sexual harassment.
There are already obligations in relation to psychosocial risks and this goes further to specifically provide a positive duty to eliminate sexual harassment. The QLD WHS laws of course attract significant financial penalties and even criminal penalties and expose Boards and Executive leadership teams to charges for a failure to exercise due diligence in relation to these risks.
Sexual Harassment Prevention Plan
From 1 March 2025 there is now a mandatory requirement to implement a sexual harassment prevention plan.
At a minimum, the prevention plan must:
- Be in writing
- State each identified risk
- Identify the control measures to manage each risk.
- Identify relevant individual (age, gender, disability) and workplace characteristics considered by the PCBU in determining the control measures.
- Describe the consultation process undertaken
- Set out the procedure for dealing with complaints
- Expressed in a way that is readily accessible and understandable by workers.
Some control measures to consider as part of the due diligence obligations include:
- Age
- Gender
- Disabilities
- Sexual orientation
- Workplace environment
- Workplace culture
- Systems of work
- Decision making positions
Having a plan and then letting employees know there is a plan
No surprisingly there is an expectation to take reasonable steps to ensure workers are made aware of the sexual harassment prevention plan and how to access it.
There are also review obligations if there is
- A request from a health safety representative or the health and safety committee to review the sexual harassment prevention plan
- A report of sexual harassment
The sexual harassment prevention plan should be reviewed every 3 years.
Failure to have a plan or failure to review the plan could expose Employers to a financial fine and on-the-spot fines, improvement notices and prohibition notices for failing to comply with the obligation.
Our Employment Lawyers at South Geldard Lawyers have essential expertise in helping employers prevent sexual harassment claims and deal with the legal obligations when a complaint is received. Developing sexual harassment prevention plans is an area we can assist. Feel free to reach out on 07 4936 9100 or via email to Jonathan Mamaril, Director at jmamaril@southgeldard.com.au.
