Queensland employers will be required to proactively manage the risk of sexual harassment in the workplace under new state regulations which commence from September.
They will also require employers to implement a written sexual harassment prevention plan to protect workers from early 2025.
The plans must state any identified risks, the control measures being implemented and the consultation undertaken to develop the plan.
The plans need to be easily understood and accessible to workers and contain:
- information on how people can make a complaint;
- how the complaint will be investigated;
- the processes that will be undertaken; and
- how relevant parties will be informed of results.
The reforms reflect a proactive approach to managing risks of workplace sexual harassment, a key recommendation from the 2020 Respect@Work Report.
The Work Health and Safety (Sexual Harassment) Amendment Regulation 2024 will require employers to make tailored considerations of individual or workplace characteristics that may increase the risk of workplace sexual harassment, for example isolated and remote workplaces and workplaces lacking workplace diversity.
The Office of Industrial Relations is developing extensive guidance materials to support employers in meeting these new obligations.
Sexual harassment risks can relate to a worker’s age, gender, sex, sexual orientation, cultural/linguistic or racial background, residency or visa status, disability, English literacy, level of seniority or employment security.
“It’s no longer enough for employers to just hope sexual harassment won’t happen in their workplace – they need a proactive written plan to prevent it,” said Queensland Minister for Industrial Relations, Grace Grace.
“The plan needs to be understandable, clearly communicated and backed by processes to support those who experience it.”