Increased duties for employers to address and prevent gender-based harassment
The Queensland Government has amended the State Work Health and Safety Regulation 2011 (Qld), implementing more stringent anti-harassment duties on employers as part of a suite of changes introduced under the Work Health and Safety (Sexual Harassment) Amendment Regulation 2024 (Qld).
Sexual and sex- or gender-based harassment are workplace hazards that have the potential to cause physical and psychological harm to workers. Since the Respect at Work and Other Matters Amendment Act 2024 (Qld), employers have been obliged to take a more proactive approach to managing and mitigating the risk of sexual and sex- or gender-based harassment in the workplace.
From 1 September 2024, the Work Health and Safety (Sexual Harassment) Amendment Regulation 2024 (Qld) now requires all employers to actively consider individual workplace and employee characteristics that are conducive to workplace sexual harassment. These individual characteristics must be considered to be able to establish appropriate control measures.
According to the Regulations, these characteristics can include:
- Work environments that may give rise to either a system of work, or a workplace culture, in which inappropriate or unacceptable behaviour is, or may be, permitted.
- Environments where there is a general lack of diversity within the workplace or within decision-making positions.
- Other matters about the work environment or workplace that may impact an individual’s behaviour towards another workers.
Two examples of “other matters” are provided by the amendment.
When determining the appropriate control measures, employers must also have regard to matters relating to the characteristics of their employees. This may include employees’ age, gender, sex, sexual orientation or disability. As an example, a younger employee’s sex may be a relevant matter if most other employees are of a different sex and similar age.
Written prevention plan for workplace harassment
To further alleviate sexual harassment within the workplace, from 1 March 2025, employers will be required to have a written prevention plan for sexual and sex- or gender-based harassment. The prevention plan must be developed in consultation with workers, clearly communicated, understandable and accessible.
The following must be specified within the plan:
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- identified risks
- control measures that have or will be implemented to manage such risks
- matters considered by the employer in determining the control measures
- consultation undertaken by the employer
- the procedure for dealing with sexual harassment and sex or gender-based harassment reports.
The plan must include how an individual may make a report, how the report will be investigated and how the parties to the report will be informed of the results. It is also important to include how the individual making the report may be represented, and how they may also use the issue resolution procedures and dispute resolution processes under the Work Health and Safety Act.
Duty to proactively manage sexual harassment
Employers must be aware that they now have a duty to proactively manage sexual and sex- or gender-based harassment, which includes implementing control measures to minimise this risk. When determining the appropriate control measures, it is important that employers consider the characteristics of the workplace, the work environment and the employees.
It is also vital that employers are cognisant of the amendments commencing 1 March 2025, and begin their prevention plan before this date. This will ensure that employers comply with the amendments and have a clear and understandable prevention plan when the amendments take effect.
The Queensland Government has also created a Communications Kit containing further information regarding the new amendments.
Belinda Winter is a partner in the workplace relations and safety team at Cooper Grace Ward in Brisbane. Chelsea Huth is a law clerk at Cooper Grace Ward in Brisbane.