New WH&S Sexual Harassment & Anti Discrimination Laws
There have been some changes to the Work Health and Safety Regulation 2011 (Qld) in relation to the prevention of sexual harassment and sex or gender-based harassment at work.
There is already an obligation under the Workplace Health & Safety Act with the obligations to preventing psychosocial risks, however, this change to the WH&S Regulation is specific to sexual harassment and sex or gender-based harassment at work.
Effective 1st September 2024 employers now have a duty to proactively manage sexual and sex or gender-based harassment. This includes implementing control measures, relevant to the workplace, work environment (workplace culture, system of work) and employees, to minimise risk. A risk assessment, based on consultation feedback from the workforce is required as is reviewing and revising control measures when there are reports of sexual harassment or sex or gender-based harassment at work.
There have also been some changes to positive duty under the Anti-Discrimination Act 1991 (Qld) as well to prevent discrimination in the workplace, rather than just responding to complaints after the fact, effective 1st July 2025. In addition, protection has now extended to include; victim-survivors of domestic and family violence, people experiencing homelessness, people with expundged criminal convictions or irrelevant criminal or medical records, people discriminated against because of their physical appearance (height, weight, size, birth marks and other features).
Effective 1st March 2025 businesses must plan and implement to manage identified risks to health or safety of workers of other persons from sexual harassment or sex or gender-based harassment (ie: a prevention plan). The plan is to be developed in consultation with workers, clearly communicated, understandable and accessible.
The plan is required to be in writing, identify risks, identify control measures that have or will be implemented to manage such risks, matters considered in determining the control measures, undertaken in consultation with employees and outline the procedure for dealing with sexual harassment and sec or gender-based harassment reports. The plan must be reviewed when there is an occurrence or every 3 years.
Businesses should therefore occur;
- Undertake a risk assessment of sexual harassment & relate conduct, in consultation with employees,
- Review control measures and consider anything else required to implement to assist in preventing and controlling.
- Ensure a reporting procedure is in place, documented and employees are advised of it and reminded of it (part of training).
- Ensure part of the process is to update risk assessment and control measures after receiving complaints.
- Ensure all workers (employees, contractors, volunteers etc) understand the expected behaviours and what to do if they experience any of these behaviours.
- Start documenting the required Prevention Plan.
If we can assist with these obligations, please contact us here.