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New QLD WHS Regulations place additional obligations on Employers to proactively manage sexual harassment

03 September 2024
Queensland's newest WHS regulations require PCBUs (i.e. employers) to have regard to specific matters, including workplace culture and a lack of diversity, when determining appropriate control measures for sexual harassment, and to review these control measures every time a person makes a complaint. From 1 March 2025, PCBUs will also be required to have a written prevention plan, which the employer must review every time a person makes a complaint, or if the health and safety committee or HSR request a review.

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:

  1. Actively manage the risk of workplace sexual harassment, or sex or gender-based harassment;
  2. 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
  3. 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:

  1. Identify the control measures implemented;
  2. Identify the matters considered in determining the control measures; and
  3. Set out the procedure for dealing with complaints of workplace sexual harassment or sex or gender-based harassment, including:
    1. how to make a complaint;
    2. how it will be investigated; and
    3. 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

If you would like to discuss these new obligations in further detail, or require assistance complying with same, please contact our Employment and Safety team.

We would like to thank Tilly Thomas-Earle for her contribution to this article.

Further Reading