All Queensland practices must have a written plan to manage the risk of sexual harassment and sex or gender-based harassment from 1 March 2025
Tuesday, 25 February 2025
All Queensland practices must have a written plan to manage the risk of sexual harassment and sex or gender-based harassment from 1 March 2025
Workplace sexual harassment and sex or gender-based harassment remains a serious issue across Australian workplaces, and all Australian employers have a positive legal duty to take proactive steps to prevent relevant unlawful conduct occurring in the workplace or in connection with work.
In a significant move to further combat these issues, Queensland work health and safety (WHS) regulations[1] now require every practice in Queensland to implement a sexual harassment prevention plan to eliminate identified risks from 1 March 2025. These laws apply to every Queensland practice, large and small.
What is a sexual harassment prevention plan?
Every Australian practice has a general WHS legal obligation to identify and manage psychosocial risks associated with work. In Queensland, these laws now expressly require every practice to proactively identify risks associated with sexual harassment and sex or gender-based harassment in the workplace or in connection with work.
For all practical purposes, there is a risk of sexual harassment and sex or gender-based harassment in the conduct of any practice.
A written sexual harassment prevention plan must be implemented by Queensland practices to manage and eliminate identified risks to the health and safety of workers or others from sexual harassment or sex or gender-based harassment at work. These laws double down on the obligation to take proactive steps to stop these forms of harassment and implement control measures to manage the associated psychosocial risks. It is not enough for practices to merely respond to complaints of harassment after the fact.
What are the specific requirements for a sexual harassment prevention plan?
The WHS regulations are very prescriptive about what must be included in a sexual harassment prevention plan where a risk of sexual harassment or sex or gender-based harassment is identified. This includes that the plan must:
- be in writing;
- specify each identified risk in the workplace;
- include a list of the control measures that have been implemented, or are to be implemented, to manage each identified risk;
- identify the matters considered by the practice in determining the control measures;
- outline the consultation process undertaken with workers in compliance with the Work Health and Safety Act 2011 (Qld);
- outline the process for reporting sexual harassment or sex or gender-based harassment at work, including how the report will be investigated, including:
- how a person can make a report;
- how the report will be investigated;
- that the person who made a report has the right to be represented by a representative (eg a union delegate or lawyer);
- how the person who made the report and other parties will be informed of the results of the investigation; and
- that the person who made the report may also use issue resolution and dispute resolution procedures under the Work Health and Safety Act 2011 (QLD); and
- ensuring the plan is expressed in a way that is readily accessible and understandable to workers; and
- will be reviewed each time a report of sexual harassment or sex or gender-based harassment at work is made, at the request of a health and safety committee, or otherwise at least every three years.
Practices must consult with workers about implementing the prevention plan.
Risks of non-compliance
Fines of up to $9,678 per breach apply for non-compliance if a Queensland practice fails to prepare, implement and/or review a prevention plan. Each failure is a separate offence, meaning that practice can be separately fined if they fail to prepare, and implement, and review a compliant prevention plan.
Action required to comply
All Queensland practices should promptly review their existing policies to ensure they meet the prescribed requirements, conduct a workplace risk assessment in relation to sexual harassment and sex or gender-based harassment, develop and implement a prevention plan for the practice in consultation with workplace participants, and train all workers in relation to the prevention plan and the practices’ associated policies prohibiting sexual harassment and sex or gender-based harassment at work.
Contact Avant Law for advice
For a confidential call to discuss how Avant Law’s expert Employment & Workplace lawyers can help your business manage these proactive duties, please call 1800 867 113, or to organise a confidential discussion at a time that suits you, please click here.
1 Work Health and Safety (Sexual Harassment) Amendment Regulation 2024
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About the authors
Stephen Schoninger is a Partner and Head of the Employment & Workplace law practice at Avant Law, based in Sydney. Stephen has over 20 years’ experience practising exclusively in employment, industrial relations and discrimination laws. Stephen is called on for his ability to plainly advise on and pragmatically apply legal principles to manage and resolve complex issues arising in the workplace. Stephen advises employers and employees in the private and public sectors on all areas of workplace law and is an experienced litigator of work-related claims. Stephen also conducts workplace investigations and delivers workplace compliance training. He regularly presents seminars on topical employment and workplace law issues.
Savanna Russo is a Senior Associate in the employment and workplace law practice at Avant Law, based in Sydney. Savanna has experience advising both employer and employee clients on all areas of employment law. She has particular experience advising small to medium businesses in a wide range of industries including allied health, banking and finance, professional services and construction. Savanna provides practical, solutions-focused advice and is known for her professional and empathetic approach.
Natasha Prasad is an Associate in the employment and workplace law practice at Avant Law, based in Sydney. Natasha has experience advising employers and employees on all aspects of employment law areas including workplace discrimination, bullying and sexual harassment, contracts of employment, termination of employment and compliance with employment regulations across various industries. Natasha is dedicated to having an empathetic approach when helping clients navigate complex workplace issues. Natasha provides clear, actionable advice tailored to her client's specific needs.
The information in this article does not constitute legal advice or other professional advice and should not be relied upon as such. It is intended only to provide a summary and general overview on matters of interest and it is not intended to be comprehensive. You should seek legal or other professional advice before acting or relying on any of this content. The information in this article is current to 20 February 2025. Liability limited by a scheme approved under Professional Standards Legislation. Legal practitioners employed by Avant Law Pty Limited are members of the scheme. © Avant Mutual Group Limited 2025.