Sexual Harassment (Employer)

Sexual Harassment in the workplace

New reforms in Queensland now require employers to implement protective measures to prevent workplace discrimination and harassment. The changes commenced on 1 March 2025 with amendments to the Work Health and Safety Regulation 2011 (WHS Regulation) imposing a positive obligation on employers to ensure a safe and complaint work environment.

Specifically, all businesses with employees in Queensland must prepare and implement a Workplace Harassment Prevention Plan to manage identified risks to the health and safety of workers.

What is a Workplace Harassment Prevention Plan?

A prevention plan is a written document outlining how an employer will identify, assess, control, and monitor risks related to sexual harassment and sex or gender-based harassment. It must also outline the process for reporting sexual harassment and sex or gender-based harassment at work, including how a complaint of such behaviour will be investigated.

The plan must also go through a consultation process in accordance with the WHS Act and be set out in a way that is readily accessible and understandable to workers.

Compliance

A failure to prepare, implement and review a Workplace Harassment Prevention Plan will expose an employer to civil penalties, regardless of whether any sexual harassment and sex or gender-based harassment occurs.

The requirement for a formal Workplace Harassment Prevention Plan reinforces the need for employers to take steps to actively prevent harassment, not just respond to it. A well-implemented prevention plan can:

Ensure compliance with the WHS Regulations, including the obligation to consult with workers regarding the implementation of the plan;

Reduce legal risks associated with non-compliance of the WHS Regulations; and,

Create a safer and more inclusive workplace.

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On behalf of my brother Peter:
I was represented by Sibley Lawyers in a Personnel Injury Claim and Jack McDonald worked extremely hard and was very devoted in achieving a great result. He has been extremely professional and very thorough with his ongoing research into my claim. I would high recommend Sibley Lawyers and in particular Jack McDonald.

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