On 1 September 2024, the first changes of the new workplace health and safety regulations came into effect, establishing a new obligation on Queensland employers to take a proactive approach in preventing and eliminating sexual harassment and sex or gender-based harassment in the workplace. 

What's required: For a refresher on the intricacies of this new obligation please refer to our article 'Prevention of sexual harassment - Queensland's new work health and safety model' from 4 November 2024.

From 1 March 2025, Queensland's regulatory response creates a new duty on all employers to prepare and maintain a prevention plan. Employers must now prepare, implement and regularly review a detailed prevention plan that manages any identified risks to the health and safety of workers, or other persons, as a result of:

• Sexual harassment - meaning any unwelcome conduct of a sexual nature causing a person offence, humiliation, or intimidation that is reasonable in the circumstances; and

• Sex or gender-based harassment - meaning any unwelcome conduct of an offensive or demeaning nature by reason of the person's gender, sex, or sexuality, in circumstances in which a reasonable person would have anticipated the possibility that the person harassed would be offended, humiliated or intimidated.

Employers are required by the Work Health and Safety Regulation 2011 to ensure their prevention plans contain specific information. These requirements outline that a prevention plan should:

a)    be in writing;
b)    state each identified risk;
c)    identify the control measures implemented (or to be implemented) to manage each identified risk and the matters considered in determining control measures, which includes:

• matters relating to characteristics of the workers; and

• matters relating to characteristics of the workplace or work environment; and

• all relevant matters;

d)    describe the consultation process undertaken with workers in compliance with the Work Health and Safety Act 2011 (Qld);
e)    set out the procedure for dealing with reports of sexual harassment or sex or gender-based harassment at work; and
f)    be easily and readily accessible and understandable to workers.

In determining what control measures to implement to manage harassment risks, employers must consider all the relevant matters identified for psychosocial risks under the original workplace health and safety regulations as well as the relevant matters identified for harassment risks in the new amendments. This includes, but is not limited to, consideration of:

• the duration, frequency or severity of the exposure of workers and other persons to psychosocial hazards;

• the design of work, including job demands and tasks;

• workplace interactions or behaviours;

• matters relating to characteristics of the workers (for example age, gender, sexual orientation etc); and

• matters relating to characteristics of the workplace or work environment (for example a lack of diversity in decision-making positions or a workplace culture that permits inappropriate behaviour).

Furthermore, when setting out the procedure for dealing with reports, the prevention plan must specifically provide for:

• how a person may make a report; 

• how the report will be investigated; 

• that the person who made the report may be represented by a representative; 

• 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 the issue resolution procedures and the dispute resolution process outlined in the Workplace Health and Safety Act 2011.

Employers have an obligation to take reasonable steps to ensure workers are made aware of the prevention plan and know how to access it. Workers include employees, contractors (and their employees), labour hire and volunteers (amongst others).

As new workers join your workplace, this will be a continual and ongoing requirement.

Further, the prevention plan must be reviewed:

• as soon as reasonably practicable following a report of sexual harassment or sex or gender-based harassment; or

• as soon as reasonable practicable following a request for a review of the plan by a health and safety committee for the workplace or a worker’s health and safety representative; or

• every 3 years.

A failure to review, prepare or implement a prevention plan that is fully compliant with both the drafting and ongoing requirements listed in the amendment regulations prevention plan exposes the business to civil penalties regardless of whether or not harassment actually occurs. The foregoing failures are treated as separate breaches with each breach attracting significant penalties.

Employers should take immediate action to ensure they have a sexual harassment or sex or gender-based harassment prevention plan ready for 1 March 2025, that the plan is implemented, and that workers are made aware of the plan and how to access it. At a minimum this should include:

• Conducting a risk assessment: of sexual harassment or sex or gender-based harassment in your workplace.

• Preparing or reviewing prevention plans: start drafting a prevention plan or, where one already exists, review and update any prevention plans currently in place to ensure they strictly comply with the new requirements. 

• Consult with workers: develop your prevention plan in consultation with your workforce and any elected Health and Safety Representatives. 

• Establish review systems: develop a process to review and revise the prevention plan and relevant control measures as required.

• Reviewing onboarding and engagement process: ensuring each worker is aware of the plan and how to access it.

Reach out to the Employment and Safety team at Colin Biggers & Paisley to finalise your sexual harassment prevention plan to ensure compliance with these obligations.