Employment, Discrimination and Equality Law 17 January 2025

New sexual harassment laws in play in 2025

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New laws passed in Queensland late last year relating to preventing workplace sexual harassment will impact businesses with Queensland operations.

The laws mean that specific actions are required by Queensland businesses, however the recommendations for compliance in this article are relevant to all businesses who are subject to similar Federal, and state based legislative requirements.

New Queensland Work Health and Safety Laws

The Work Health and Safety Regulation 2011 (Qld) require persons conducting a business or undertaking (PCBU) in Queensland to prepare, consult and implement a sexual harassment prevention plan by 1 March 2025.

The Prevention Plan must:

  • Be in writing
  • State each identified risk
  • Identify control measures to manage each identified risk
  • Identify the matters considered in determining the control measures with reference to the WHS Regulations
  • Describe the consultation undertaken
  • Be set out in a way that is readily accessible and understandable to workers; and
  • Set out the procedure for dealing with reports of unsafe conduct.

The Prevention Plan must be reviewed after a report of sexual harassment or sex or gender-based harassment at work is made, after a Health and Safety Representative or Committee ask for the plan to be reviewed or otherwise every three years.

Reasonable steps must be taken to make workers aware of the Prevention Plan and how to access it.

Failure to comply can mean fines of up to $9,678 for an individual or $48,390 for corporations.

New powers for Queensland Human Rights Commission

Effective 1 July 2025, a new positive duty on employers to take proactive steps to eliminate sexual harassment and other forms of discrimination and objectionable conduct will be in force in Queensland.

Employers are already subject to Federal legislation which requires them to take proactive steps to eliminate sexual harassment and discrimination under the Sex Discrimination Act 1984 (Cth).

However, the Queensland Human Rights Commission will have its own powers to intervene and investigate organisations for noncompliance.

A key part of complying with the positive duty, both at a state and federal level, will be to prepare a comprehensive sexual harassment prevention plan.

We recommend all employers take action to ensure compliance with the new (and existing) laws, including:

  1. Preparing a Prevention Plan and conducting a standalone sexual harassment risk assessment in consultation with employees by reviewing the working environment and addressing the risks, control measures and reporting procedures in accordance with the Queensland WHS Regulations and in context of the organisation’s specific risk factors.
  2. Reviewing and updating workplace policies, training and resources to ensure they are accessible and align with the new Queensland discrimination laws (if business operations are in Queensland), implementing training on the prevention plan and of considered communication and education initiatives regarding preventing sexual harassment in the workplace.
  3. Preparing for increased regulatory oversight by training relevant managers and employees to cooperate with any regulatory investigations, conduct an audit of records of compliance under an increasing patchwork of regulation across discrimination, WHS and employment laws.

Please contact our Employment, Discrimination and Equality team on 03 5273 5283 or email info@coulterlegal.com.au for more information or assistance.

Alexandra Gronow.
Alexandra Gronow Special Counsel Employment, Discrimination & Equality Law View profile
Kate Rowland.
Kate Rowland Lawyer Employment, Discrimination & Equality Law View profile
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