The first phase of these reforms commenced on Sunday 1 September 2024, having been published on the Queensland legislation website on Friday 30 August 2024. The regulations require PCBUs to:
- Actively manage the risk of workplace sexual harassment, or sex or gender-based harassment;
- Consider all relevant factors (see s 55F), including workplace characteristics such as the workplace culture and a lack of diversity in the workplace, when determining appropriate control measures for sexual harassment; and
- Review control measures every time a person reports sexual harassment or sex or gender-based harassment, and amend if necessary.
The second phase commences on Saturday 1 March 2025 and requires PCBUs to prepare a written prevention plan to manage the risk of workplace sexual harassment, or sex or gender-based harassment. The prevention plan must, amongst other things:
- Identify the control measures implemented;
- Identify the matters considered in determining the control measures; and
- Set out the procedure for dealing with complaints of workplace sexual harassment or sex or gender-based harassment, including:
- how to make a complaint;
- how it will be investigated; and
- how relevant parties will be informed of the results of the investigation.
PCBUs are then required to review the prevention plan every time a person reports sexual harassment or sex or gender-based harassment, or a health and safety committee or a HSR requests a review of the prevention plan. In any event, a PCBU must review the prevention plan at least every three years.
Failure to prepare a written prevention plan, implement the prevention plan, take reasonable steps to ensure workers are aware of the prevention plan and/or review the prevention plan as required, could result in a fine of up to $30,000 for each failure.
A copy of the Work Health and Safety (Sexual Harassment) Amendment Regulation 2024 (Qld) can be found here:
https://www.legislation.qld.gov.au/view/pdf/asmade/sl-2024-0173
