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