New changes to Queensland Work Health and Safety Regulations to prevent sexual harassment

Effective from 1 March 2025, businesses that operate in Queensland have a new duty under the Work Health and Safety Regulation 2011 (Qld) (Regulation) with regard to sexual harassment, or sex or gender-based harassment. This duty requires the development and implementation of a prevention plan to address identified risks associated with sexual harassment.

Queensland businesses that fail to prepare a prevention plan can face financial penalties if an employee makes a sexual harassment claim.

New duties

On 1 September 2024, the Queensland Parliament passed the Work Health and Safety (Sexual Harassment) Amendment Regulation 2024 (Qld) (Amendment). The Amendment updated the Regulation, requiring persons conducting a business or undertaking (PCBU) to identify and manage risks related to sexual harassment in their workplaces.

Under Queensland’s work health and safety laws, PCBUs have long been required to manage psychosocial risks, including sexual harassment. The Amendment now explicitly requires PBCUs to consider relevant matters when determining what control measures are to be implemented to address the risks arising from sexual and sex or gender-based harassment.

In determining control measures, PCBUs must have regard to all relevant matters in relation to the risk of sexual harassment, or sex or gender- based harassment, including:[1]

1. the characteristics of the workforce, such as their age, gender and sexual orientation; and
2. the characteristics of the work environment that impact behaviours, such the culture, systems of work and lack of diversity.

From 1 March 2025, the Regulation imposes a new duty for PCBUs to prepare and implement a prevention plan to manage identified risks to health and safety of workers, or other persons, arising from sexual harassment, or sex or gender-based harassment (prevention plan).[2]

Prevention plan

Under the Regulation, a prevention plan must:[3]

1. be in writing;
2. state each identified risk;
3. identify control measures to manage each identified risk;
4. identify the matters considered in determining the control measures with reference to the WHS Regulations;
5. describe the consultation undertaken by the PCBU in developing the prevention plan;
6. be set out in a way that is readily accessible and understandable to workers;
7. set out the procedure for dealing with reports of unsafe conduct, including;
   1. how to make a report;
   2. how a report will be investigated;
   3. how the results of an investigation will be shared;
   4. a recognition of a discloser’s right to be represented;
   5. how the discloser and other parties will be informed of results of an investigation; and
   6. a recognition of a discloser’s right to utilise the pre-existing issue resolution and dispute resolution methods under the Work Health and Safety Act 2011 (Qld);
8. be expressed in an understandable way for workers.

PCBUs must also ensure the prevention plan is accessible to workers and that they know its content and how to access it.[4]

After preparing and implementing a prevention plan, PCBUs have a duty in which they must review the prevention plan every 3 years, or sooner, if:[5]

1. there is a report of sexual harassment or sex or gender-based harassment at work; or
2. a health and safety committee requests a review.

Penalties

PCBUs can face separate fines up to $9,678 for each of the following breaches:

1. not preparing a prevention plan;
2. not implementing a prevention plan: and
3. not informing workers about the prevention plan or undertaking reviews when proscribed.

PCBU’s may also face workers’ compensation claims from psychological injuries that a worker sustains arising out of being sexually harassed at work.

Further, PCBU’s may face additional fines, compliance actions and claims arising out of breaches to concurrent duties related to sexual harassment in the workplace.

Concurrent duties

The duty to prepare and implement a prevention plan does not impact the positive duty under the Sex Discrimination Act 1984 (Cth) to eliminate, as far as possible, sex-based discrimination and harassment, sexual harassment and conduct that creates a hostile work environment on the grounds of sex.[6]

The Fair Work Act 2009 (Cth) also contains prohibition on sexual harassment at work and employers can be held vicariously liable for the of its employees who sexually harass in the workplace.[7] Vicarious liability may be avoided if it can be demonstrated that the employer took all reasonable steps to prevent the employee from engaging in conduct that would be considered sexual harassment.[8]

Next steps

Businesses in Queensland should start preparing and implementing a prevention plan, if they have not already done so, to avoid fines and compliance action. Although the changes are limited to Queensland, businesses in other jurisdictions may also consider adopting a Prevention Plan as an additional measure to eliminate sexual harassment in their workplace.

For more guidance on these new duties and ensuring compliance, please contact the Workplace Advisory and Disputes team at Gadens.

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Authored by:

Jonathon Hadley, Partner
Alexander Greig, Paralegal

[1] Work Health and Safety Regulation 2011 (Qld) reg 55F.

[2] Ibid reg 55H(1), (3).

[3] Ibid reg 55H(2).

[4] Ibid reg 55H(4)(a).

[5] Ibid reg 55H(4)(b).

[6] Sex Discrimination Act 1984 (Cth) s 47C.

[7] Fair Work Act 2009 (Cth) ss 527D, 527E(1).

[8] Ibid s 527E(2).