Sexual and gender-based harassment is a serious issue in modern Australian workplaces, posing significant physical and psychological risks to employees and other workers. In response, the Queensland government has introduced critical legislative changes designed to address these risks proactively. The Respect at Work and Other Matters Amendment Act 2024 (Qld) and the Work Health and Safety (Sexual Harassment) Amendment Regulation 2024 (Qld), effective from 1 September 2024, impose new obligations on employers to better manage the risk of harassment in the workplace.
Key Legislative Changes
On 1 September 2024, the Work Health and Safety (Sexual Harassment) Amendment Regulation 2024 mandated that employers take a more individualised approach to managing sexual and gender-based harassment risks. Specifically, employers must assess workplace conditions and employee characteristics that could result in or encourage harassment. The new requirement aims to ensure that control measures are relevant, tailored, and effective in preventing harassment.
Factors for Consideration
Under the new regulations, employers must consider several factors when assessing workplace risks:
- Work Environment: Employers must evaluate whether their workplace culture or systems of work enable or tolerate inappropriate behaviour. A culture that overlooks unacceptable conduct can increase the risk of harassment.
- Workplace Diversity: The lack of diversity, particularly in decision-making roles, is another key factor. Workplaces with homogenous leadership or staff are more likely to foster environments where harassment may occur.
- Other Workplace Dynamics: Environmental aspects—such as organisational structure or social isolation—should also be evaluated, as they can influence how employees interact with each other.
By considering these factors, employers can identify potential areas of concern and implement appropriate strategies to mitigate risks effectively.
Employee Characteristics
Employers must also assess the characteristics of their employees when evaluating the risk of harassment, including characteristics such as age, gender, sex, sexual orientation, and disability can influence the likelihood of harassment. Recognising and analysing such dynamics is critical in ensuring that control measures are appropriately tailored to address specific vulnerabilities within the workforce.
Written Prevention Plans: A New Requirement
In addition to these assessments, the legislation introduces a new requirement for employers to develop a written prevention plan for sexual and gender-based harassment.
From 1 March 2025, Queensland employers will be required to:
- Develop the written plan and engage in consultation with employees.
- Ensure the plan is clear, accessible, and easy to understand.
- Identify specific risks and outline control measures to address them.
The prevention plan must detail:
- Risk Identification: The risks related to sexual and gender-based harassment within the workplace.
- Control Measures: Specific strategies and actions the employer has implemented or plans to implement in order to manage and mitigate these risks.
- Consultation Process: How employees were involved in the development of the plan.
- Reporting Procedures: Clear guidelines for employees to report harassment, the process for investigating reports, and how the results will be communicated to all parties involved.
Additionally, the plan must include procedures for dispute resolution. Employees should be informed of their right to be represented during the reporting process. This is designed to maintain transparency and fairness in handling complaints and resolving issues.
Ensuring Accountability and Compliance
The new regulations underscore the importance of implementing a proactive approach to preventing workplace harassment. Employers must not only create an environment where inappropriate behaviour is not tolerated but must also implement structured, accountable procedures to effectively address and prevent harassment.
For Queensland employers, this means reviewing existing policies, ensuring they align with the new requirements, and prioritising the creation of a culture of respect, inclusion, and safety for all employees. The written prevention plan requirement, in particular, represents a significant shift toward greater accountability, as it ensures that harassment prevention is not merely reactive but part of an ongoing, strategic effort.
Businesses should take immediate steps to review their current workplace policies and procedures. This involves:
- Conducting risk assessments of the work environment and employee dynamics.
- Updating or developing new harassment prevention policies in consultation with staff.
- Creating or refining a written prevention plan that aligns with the new legal requirements.
At NB Employment Law, we specialise in helping employers navigate these legislative changes and implement effective strategies to foster a safe and respectful workplace. If you have questions about compliance or need assistance in developing your harassment prevention plan, book a 30-minute complimentary consultation with us today. Together, we can ensure your business meets the new requirements and protects your employees.