Queensland Mandates Proactive Management of Workplace Sexual Harassment

The following is an abridgement of a statement by the Queensland Government.

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Starting September 2024, Queensland will lead the nation with groundbreaking regulations that require employers to proactively manage workplace sexual harassment risks.

New Regulatory Reforms

Under the Work Health and Safety (Sexual Harassment) Amendment Regulation 2024, employers must implement written sexual harassment prevention plans by early 2025. This proactive approach is a key recommendation from the 2020 Respect@Work Report.

Key Requirements for Employers

Prevention Plan: Employers must develop a comprehensive sexual harassment prevention plan that includes:

• Identified risks and implemented control measures
• Clear processes for making and investigating complaints
• Detailed procedures for informing relevant parties of outcomes

Tailored Considerations: Plans must consider individual or workplace characteristics that may increase the risk of sexual harassment, such as isolated locations or workplaces with low diversity.

Accessibility and Communication: The plans need to be easily understood, accessible to all workers, and backed by strong support processes.

Government Support and Consultation

The Office of Industrial Relations is preparing extensive guidance materials to help employers meet these new obligations. The government has consulted widely with various stakeholders, including: 

• Commissioner for Equity and Diversity
• Queensland Human Rights Commission
• Queensland Industrial Relations Commission
• WHS Board
• Registered unions and employer organisations
• Women’s sector and legal professionals

Statements from Key Ministers

Minister for Industrial Relations, Grace Grace: 

"Workplace sexual harassment has no place in Queensland. We're addressing this issue with the strongest regulations in Australia. Employers must now have a proactive, written plan to prevent sexual harassment, ensuring it is clearly communicated and supported by effective processes."

Minister for Women, Shannon Fentiman: 

"Nearly every woman has reported experiencing sexual harassment in the workplace at some point. This is unacceptable. Everyone deserves to feel safe at work, and these new rules will ensure employers are doing everything they can to protect workers."