Changes to the Work Health and Safety Regulation 2011
On 1 March 2025, changes to the Work Health and Safety Regulation 2011 came into effect, further expanding the requirements for businesses to manage the risk of sexual and sex or gender-based harassment in the workplace.
In September 2024, the WHS Regulation expanded the requirement of a business to manage psychosocial risks to specifically include the requirement to manage sexual and sex or gender-based harassment.
This effectively imposed a positive duty of businesses to proactively manage and prevent the risk of sexual and sex or gender-based harassment in the workplace, rather than reactively managing the risks.
Adding to this, Queensland businesses are now required to prepare a written prevention plan to manage the risk of sexual and sex or gender-based harassment.
The prevention plan must:
- state the identified risks to the health and safety of the workers from sexual and sex or gender‑based harassment
- identify the control measures implemented, or to be implemented, to manage each identified risk
- identify the matters considered by the business in determining the control measures
- describe the consultation undertaken by the business as required by the Work Health and Safety Act
- outline the procedure for dealing with reports of sexual harassment or sex or gender-based harassment.
Employers must take reasonable steps to ensure workers are made aware of the prevention plan and know how to access that plan. Employers must also review the plan when a report of harassment is made, if a committee or worker's representative requests a review, or otherwise every three years.
Failure to prepare, implement or inform workers about the prevention plan or to undertake reviews of the prevention plan when required can result in employers being fined over $9,000 for each breach.
Workers compensation claims can also arise where a worker has sustained psychological injuries arising out of experiencing sexual harassment or sex or gender-based harassment at work.
The Federal Government has recently released the Work Health and Safety (Sexual and Gender-based Harassment) Code of Practice 2025, which provides guidance to employers on how to identify, manage and minimise risks of sexual and gender-based harassment at work. This Code mirrors the steps that employers in Queensland must take under the WHS Regulation but also acts as a guide to employers outside of Queensland in how to also implement these measures as a way to properly manage and minimise risks in the workplace.
Employers should, if they have not already, prepare a written prevention plan that meets the requirements of the WHS Regulation to ensure compliance and avoid penalties.
The new obligations to prepare and implement a prevention plan does not impact other employee protections and rights regarding sexual harassment, including those under the Fair Work Act 2009 (Cth). The Fair Work Act prohibits sexual harassment in connection with work and can result in an employer being held vicariously liable where an employee or agent of the employer engages in sexual harassment. There are also obligations under the Commonwealth and Queensland human rights legislation.
Cooper Grace Ward is a leading Australian law firm based in Brisbane.
This publication is for information only and is not legal advice. You should obtain advice that is specific to your circumstances and not rely on this publication as legal advice. If there are any issues you would like us to advise you on arising from this publication, please contact Cooper Grace Ward Lawyers.
