New Queensland Sexual and Gender-based Harassment Prevention

Effective 1 March 2025, under the Work Health and Safety (Sexual Harassment) Amendment Regulation 2024 (Qld), employers will be required to develop a written prevention plan.

Source: WorkSafe Queensland

Queensland employers to take note

From 1 March 2025, any person conducting a business or undertaking (PCBU) must implement a ‘prevention plan’ to manage sexual harassment and gender-based harassment proactively, under the Work Health and Safety (Sexual Harassment) Amendment Regulation 2024 (Qld) (‘The Act’).

Where does this new obligation apply?

This new obligation applies to all Queensland workplaces where a person conducts a business or undertaking (PCBU).

The obligation requires a written prevention plan to identify sexual harassment and gender-based harassment risks and highlight control measures to respond to them.

What essential information should the plan entail?

The written prevention plan must:

• Be in writing.
• Identify the risks of both sexual harassment and gender-based harassment.
• Identify the control measures the PCBU will implement for each risk and the matters considered by the PCBU when determining the control measures. This must take into consideration several relevant matters outlined in ‘The Act’.
• Describe the consultation that the PCBU will undertake with their workforce.
• Set out the procedure for dealing with reports of sexual harassment or gender-based harassment in the workplace; and
• Be written in an express way that is readily accessible and understandable to all the PCBUs workers.

What else does the PCBU need to do?

The PCBU must also ensure they implement the prevention plan. When they are doing this, they need to:

1. Take reasonable steps to ensure workers are made aware of the plan and know where to find it.
2. Review the prevention plan either:
   • as soon as practicable after a report of sexual harassment and gender-based harassment is made;
   • or if a health and safety committee for the workplace or a worker’s health and safety representative requests a review of the plan, or
   • otherwise, every 3 years.

What are your next steps?

Ensure you have a prevention plan in place by 1 March 2025. PCBUs should also review their sexual harassment policy and training.

NOTE: WorkSafe Queensland also provides a prevention plan template to help employers (or PCBUs) meet the requirements.