Sexual Harassment Prevention Plans required in QLD Workplaces
From 1 March 2025, all businesses and organisations operating in Queensland are required to have a sexual harassment prevention plan in place. This new legal duty comes from changes to the Work Health and Safety Regulation 2011 (Qld).
Queensland is the first state to mandate a written plan to prevent workplace sexual harassment. While many employers are already aware of the broader positive duty to prevent harassment under the Sex Discrimination Act 1984 (Cth), this QLD-specific requirement takes things a step further.
WHAT THE LAW REQUIRES
If you run a business or undertaking in QLD and there is a risk of sexual, sex-based or gender-based harassment, you must have a prevention plan that:
- is in writing and easily accessible to and understandable by staff,
- clearly sets out the risks, how these are managed, and what was considered when choosing those measures,
- includes a summary of consultation with staff during the development of the plan, and
- outlines the reporting process for complaints of harassment.
These obligations build on earlier changes, which from 1 September 2024 required employers to manage harassment risks in the same way as any other workplace health and safety risk, taking into account things like the age, gender, and roles of workers, and the specific nature of the work being done.
WHAT EMPLOYERS NEED TO DO
If your business has any workers in Queensland (this includes contractors and remote working staff located in QLD even if your business is based in another location), you need to:
- Carry out a risk assessment,
- Identify and document your control measures, and
- Consult with workers before finalising and rolling out your plan.
If you don’t have workers in QLD, you’re not legally required to act yet. However, it’s worth using this time to review your broader sexual harassment and psychosocial risk controls, especially since other states may soon introduce similar rules.
WHAT’S AT STAKE?
A prevention plan that’s missing or outdated could expose your business to:
- Fines of up to 60 penalty units (which is currently equal to $9,678), and
- Regulatory scrutiny from Work Health and Safety authorities.
Do you need help drafting a Sexual Harassment Prevention Plan? Get in touch with our Townsville Employment Lawyers on (07) 4463 8002, or our Newcastle Employment Lawyers on (02) 4072 2066, as this requirement came into effect on 1 March 2025.