Following the release of the Respect at Work Report in 2020, Queensland has made significant progress in addressing sexual harassment and sex or gender-based harassment in the workplace.
In line with the report’s recommendations, the State has introduced new legal changes that require employers to actively manage the risks associated with harassment. These amendments reflect the increasing focus on employer responsibility to prevent and address such behaviours, ensuring that workplaces remain safe, respectful, and inclusive for all workers.
An employer, or any ‘person conducting a business undertaking’ (PCBU), must take ‘reasonable and proportionate measures’ to eliminate, as far as possible, in the workplace, specific unlawful conduct from occurring.
Recommendations included:
● Training employees to identify sexual harassment
● Addressing unwanted or offensive behaviour early
● Understanding that certain groups of people are more likely to experience sexual harassment – e.g. young people, women, people who identify as LGBTQI+, people of colour, people living with disabilities, and Indigenous people
● Implementing sexual harassment policies that promote respectful and inclusive workplace culture, and reviewing these policies regularly
● Having a thorough, transparent, and impartial complaints system that encourages workers to report any incidents of sexual harassment
● Handling any complaints in a confidential and sensitive manner, while focusing on supporting the worker involved
● Implementing appropriate consequences for sexual harassment, such as disciplinary action or termination
● Consistently enforcing a positive and respectful culture at work.
Click on the headings below for more information on sexual harassment, definitions and responsibilities.
Clarifying Sexual Harassment: What Employers Need to Know
Understanding Sex or Gender-Based Harassment: Definitions and Responsibilities
Indirect Incidents
New Legal Obligations: Recognising Psychosocial Hazards
From 1 September 2024, Queensland law recognises sexual harassment and sex or gender-based harassment as psychosocial hazards. This means that sexual harassment and sex or gender-based harassment must now be managed in accordance with the existing ‘Psychosocial Hazards at Work Code of Practice.’
Upcoming 2025 Changes: Written Prevention Plans Required
From 1 March 2025, PCBUs will need to have a written prevention plan that specifically addresses prevention of sexual harassment and sex or gender-based harassment. This aligns with a system-based approach to workplace safety, aiming to prevent harassment through established practices and proactive measures. Further details on the requirements for these plans will be made available by WorkSafe Queensland soon.
