Australia: Sexual Harassment Prevention Plan Requirement (Qld)

Since 1 March 2025, all persons conducting a business or undertaking (“PCBUs”) in Queensland, Australia have been required to prepare and implement a prevention plan to manage identified risks of sexual harassment and sex or gender-based harassment in the workplace. This means that PCBUs have a duty to prevent sexual harassment from occurring, not only to respond to incidents that have already occurred. This requirement of having a prevention plan follows other amendments that commenced on 1 September 2024, which required PCBUs to implement control measures in relation to the risk of sexual harassment and sex or gender-based harassment.

 

Duty to prepare and implement the prevention plan

The PCBU must prepare and implement a prevention plan that:

• is in writing;
• states each identified risk;
• identifies the control measures implemented or to be implemented to manage each identified risk;
• identifies the matters considered in determining the control measures (e.g., age, gender, sex, sexual orientation, disability, work environment or culture, and lack of diversity in the workplace generally or in particular decision-making positions) and any other relevant matters for determining control measures for psychosocial risks;
• describes the consultation with workers undertaken by the business;
• sets out procedures for dealing with reports of sexual harassment and sex or gender-based harassment (including reporting and investigation processes); and
• be set out in a way that is readily accessible and understandable to workers.

 

Other duties

The PCBU must also:

• take reasonable steps to ensure workers are made aware of the prevention plan and know how to access it; and
• review the plan as soon as practicable after the report is made if a report of sexual harassment or sex or gender-based harassment at work is made, or as soon as practicable after a health and safety committee for the workplace or a worker’s health and safety representative requests a review of the plan otherwise, every 3 years.

 

Consequences

Failing to prepare and implement a prevention plan with the prescribed requirements respectively attracts a maximum of 60 penalty units, currently equivalent to $9,678.

Failing to take reasonable steps to ensure workers are made aware of the prevention plan and know how to access it or failing to review the plan as prescribed also attracts a maximum of 60 penalty units.

Key Action Points for Companies and In-House Counsel

• PCBUs in Queensland must take steps to consult with workers to prepare and implement a compliant sexual harassment prevention plan before 1 March 2025.
• PCBUs in other states should also begin the process of preparing and implementing sexual harassment prevention plans as best practice and in anticipation of potential similar legislation being enacted in the future in other states.
• Workers should first be meaningfully consulted as part of developing the prevention plan.
• PCBUs should have regard to the characteristics of workers, the workplace and the work environment when assessing, identifying, and controlling the risks for sexual harassment and sex or gender-based harassment.

 

If you require legal advice or assistance in relation to these new changes, please contact our Harmers Workplace Lawyers team on + 61 2 9267 4322.