Recent Changes to Sexual Harassment Legislation: What Employers Need to Know
- kemartin18
- Apr 7
- 3 min read
Eve Lee-Roberts, Associate
From March 2025, Queensland employers must implement and maintain a prevention plan to mitigate the risk of workers being exposed to sexual harassment and sex-based harassment.
Changes to legislation
On 1 September 2024, the Work Health and Safety (Sexual Harassment) Amendment Regulation 2024 came into effect, amending the Work Health and Safety Regulation 2011 (Qld).
The most notable amendment is that all businesses in Queensland must now take steps to proactively prevent sexual and sex-based harassment from occurring in the workplace.
What are employers required to do?
Prevention Plan
Employers are required to prepare and implement a prevention plan that eliminates or mitigates, as far as reasonably practicable, the risk of sexual or sex-based harassment occurring in the workplace. Prevention plans must, among other requirements, state each identified risk and identify the control measures (implemented or to be implemented) by the business to manage each risk.
In the development of a prevention plan, employers must consult with their workers and take into consideration the characteristics of workers (i.e. age and gender) and the work environment (i.e. if workers will be exposed to third parties).
Once a prevention plan has been developed, it must be explained to workers and made readily available. It must be updated if a report of sexual or sex-based harassment is made, or otherwise every three years.
Other Requirements
Employers must also:
Review and update workplace policies to include sexual and sex-based harassment as work health and safety issues, and outline the procedures for reporting, investigating, and addressing incidents.
Conduct risk assessments to identify potential areas where sexual or sex-based harassment could occur, and implement measures to reduce these risks.
Implement preventative measures to eliminate or mitigate the risk of sexual or sex-based harassment from occurring in the workplace.
Set up clear reporting mechanisms that allows workers to report harassment confidentially and without fear of retaliation.
Provide training programs for all workers, including management and staff, to ensure they are familiar with work health and safety policies and how to identify and report sexual harassment and sex-based harassment.
Respond promptly and effectively to reports of sexual harassment or sex-based harassment. This includes investigating reports and taking appropriate disciplinary action where necessary.
Ensure ongoing support for affected workers, including advising them of their rights and offering referrals to third-party support services.
In some cases, employers may need to make reasonable adjustments to an employee’s work environment to prevent further harassment and ensure their safety.
Training and Education for Employers and Workers
The Regulation emphasises the importance of education and training. Employers are required to provide training to their staff to ensure that everyone understands what constitutes sexual and sex-based harassment, how to report incidents, and the company’s policies regarding such harassment.
The Regulation also encourages employers to train managers and supervisors to identify and address sexual and sex-based harassment effectively. This training should focus on ensuring the managers are aware of what constitutes sexual or sex-based harassment, how to respond in those situations, how to properly handle reports of such conduct, and the process to be followed in relation to supporting workers and maintaining confidentiality.
Where employers provide proper training to their managers and other staff, it will assist the employer to meet its legal obligations and to prevent incidents of sexual harassment and sex-based harassment from occurring in the workplace.
Increased penalties for non-compliance
The amendments also introduce stronger penalties for employers who fail to meet their obligations under the amendments. If an employer is found not to have a suitable prevention plan in place or to have not met their other obligations, they could face significant penalties including large fines of up to $9,678 per breach (current until July 2025).
Employers should be aware that non-compliance with these amendments not only risks financial penalties but the reputation of their business.
Key takeaways
The recent amendments emphasise the importance of businesses taking proactive steps to protect their workers from exposure to sexual harassment and sex-based harassment – marking a shift from the previous focus on responding after such incidents occurred.
Employers need to ensure they are consulting with their workers when implementing and maintaining a prevention plan and must be proactive in identifying and mitigating the risk of harassment occurring in the workplace.
If you’re unsure of how to meet the new requirements or need assistance in developing or updating your workplace policies or implementation plan, please contact a member of our employment law team.
John Sneddon, Director
(07) 3307 4504
Kimberley Forman, Director
(07) 3307 4523
Ruby Nielsen, Senior Associate
(07) 3307 4551
Eve Lee-Roberts, Associate
(07) 3307 4511
Sophia Chetcuti, Lawyer
(07) 3307 4515
Hayley Bowden, Paralegal
(07) 3307 4572
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