Described as a “national-leading regulatory reform”, the Work Health and Safety (Sexual Harassment) Amendment Regulation 2024 (Amendment Regulation) amends the Work Health and Safety Regulation 2011 (Qld) (WHS Regulation) to introduce specific requirements for persons conducting a business or undertaking to manage the risk of sexual harassment and sex or gender-based harassment at work.
The new regulations will take effect in two stages:
- from 1 September 2024, Queensland employers will be required to proactively manage the risk of sexual harassment in the workplace; and
- from 1 March 2025, employers will be required to implement a written sexual harassment prevention plan to protect workers.
This article will explore the Amendment Regulation, outlining its key provisions, examining the potential impact on persons conducting a business or undertaking, and highlighting the key considerations for effectively implementing the requisite changes.
Legislative History
Prior to the introduction of the Amendment Regulation, managing the risk of sexual harassment and sex or gender-based harassment at work was governed by the general psychosocial risk requirements in the WHS Regulation. These provisions required a person conducting a business or undertaking (PCBU) to manage psychosocial risks, including risks from workplace interactions and behaviours, however, did not explicitly require a PCBU to proactively manage these risks. It was also silent on any specific measures that must be undertaken by PCBUs to fulfil their duty as it relates these risks.
Changes Commencing on 1 September 2024
Effective from 1 September 2024, section 55C of the WHS Regulation (as amended) imposes a duty on PCBUs to manage the risk to the health or safety of a worker, or other person, from sexual harassment and sex or gender-based harassment.
The Amendment Regulation also outlines the relevant matters PCBUs must have regard to when determining control measures to implement, namely:
- matters relating to characteristics of the workers (including age, gender, sex, sexual orientation and/or disability); and
- matters relating to characteristics of the work environment (including culture, system of work, diversity and other matters that may affect a person’s behaviour in relation to a worker).
Broadly, this provision ensures that PCBUs evaluate the specific characteristics of workers and consider the unique factors of their workplace that may increase the risk of sexual or gender-based harassment.
Finally, PCBUs must review and, as necessary, revise the control measures if a person reports sexual harassment or sex or gender-based harassment at work.
Changes Commencing on 1 March 2025
From 1 March 2025, PCBUs must prepare a compliant plan (prevention plan) to manage an identified risk to the heath or safety of workers, or other persons, from sexual harassment and sex or gender-based harassment at work.
Requirements for a Compliant Prevention Plan
The prevention plan must:
- be in writing;
- state each identified risk;
- identify the control measures implemented, or to be implemented, to manage each identified risk;
- identify the matters considered by the PCBU in determining the control measures;
- describe the consultation undertaken by the PCBU;
- set out the procedure for dealing with reports of sexual harassment or sex or gender-based harassment at work; and
- be set out and expressed in a way that is readily accessible and understandable to workers.
Other Requirements
In addition to the above requirements, PCBUs must:
- implement the prevention plan;
- take reasonable steps to ensure workers are made aware of the prevention plan and know how to access it; and
- review the prevention plan as soon as practicable after a report of sexual harassment or sex or gender-based harassment is made or if 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.
What your Organisation Needs to do
PCBUs must remain proactive to ensure compliance with these latest changes. Steps that should be taken in furtherance of this include, but are not limited to:
- review your sexual harassment policy;
- review control measures and consider what is required;
- confirm your training is up to date;
- ensure your Board and/or Executives are properly apprised of these changes; and
- commence work now on a Prevention Plan –> Click here for a helpful checklist, as a guide).
Contact Us
With a wealth of collective knowledge and over two decades experience providing insight and advice, Vocare Law is well equipped to assist both institutional and retail clients navigate these new provisions. Please do not hesitate to contact our office if you have any questions on the new legislative changes or would like our office to assist you drafting a prevention plan. Contact us on 1300-VOC-LAW / 1300-862-529 or email: enquiry@vocarelaw.com.au
This article was written by Courtney Linton & Jack Macpherson.