From 1 March 2025, Australian businesses will be legally required to implement prevention plans to manage sexual harassment in the workplace.
This new mandate, under the Work Health and Safety Regulation 2011, aims to shift the focus from reactive complaints procedures to preventative measures.
“Most jobs involve some risk of sexual harassment or sex or gender-based harassment,” states a spokesperson for SafeWork Australia. “This is a hazard and can cause both psychological and physical harm. It’s crucial that businesses take proactive steps to mitigate these risks.”
The new regulations require a person conducting a business or undertaking (PCBU), such as an employer, to prepare and implement a written prevention plan when a risk of sexual harassment has been identified. This plan must outline the control measures needed to eliminate or minimise the risk.
“The written plan provides a clear and familiar process to PCBUs for managing this kind of harassment in the same way that any other risk would be managed in the workplace,” the spokesperson explains. “Importantly, the prevention plan is about proactive efforts to stop these forms of harassment, as opposed to operating as a complaints policy for managing harassment after it happens.”
While a prevention plan template has been developed to assist businesses, it is not mandatory. PCBUs can utilise existing systems and processes, provided they document the identified risks and meet the regulations’ requirements.
“PCBUs may choose to utilise existing systems and processes to manage the risk of sexual harassment and sex or gender-based harassment at work, which document the identified risks and meet the requirements of a prevention plan,” they said.
SafeWork Australia has also released a comprehensive guide for PCBUs, detailing what constitutes sexual harassment and sex or gender-based harassment, examples of such behaviours, and how to manage the associated risks. The guide emphasises a four-step risk management process: identifying the hazard, assessing the risk, controlling the risk, and reviewing risk controls.
“The Guide for PCBUs details what is sexual harassment and sex or gender-based harassment, examples of sexual harassment and sex or gender-based harassment, what are the risks related to sexual harassment and sex or gender-based harassment and how PCBUs manage the risks – applying a four-step risk management process,” the spokesperson noted.
Resources such as prevention plan templates, examples of completed plans, fact sheets, and communication kits are available to support businesses in complying with the new regulations.
“Proactive management is required of PCBUs under work health and safety legislation and requiring a written plan to be completed supports PCBUs in fulfilling this obligation,” they added.
Beyond the new regulations, businesses are reminded of their obligations under various other legislations, including anti-discrimination and human rights laws, and the importance of providing access to support services for those affected by harassment.
“A range of laws deal with discrimination, bullying, sexual harassment and related matters in Queensland workplaces,” they stated, highlighting the roles of the Queensland Human Rights Commission, Fair Work Commission, and other relevant bodies.
Businesses are encouraged to familiarise themselves with the available resources and seek further support from relevant organisations to ensure they are meeting their legal and ethical obligations in creating safe and respectful workplaces.
Also read: Australia strengthens justice system’s response to sexual assault
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