As of March 1, 2025, Queensland, Australia, has introduced a significant legislative change aimed at combating sexual harassment in the workplace. This new requirement mandates that all persons conducting a business or undertaking (PCBUs) must prepare and implement a comprehensive sexual harassment prevention plan. This blog delves into the specifics of this new requirement, its implications for businesses, and the steps necessary to ensure compliance.
What Is Queensland’s New Sexual Harassment Prevention Plan Law?
The new legislation requires PCBUs to develop a written prevention plan that addresses several elements. Firstly, the plan must clearly state each identified risk of sexual harassment and sex or gender-based harassment within the workplace. It should outline the control measures that have been or will be implemented to manage each identified risk, considering factors such as age, gender, sexual orientation, disability, work environment, and workplace culture. Additionally, the plan must describe the consultation process with workers, ensuring their input is considered in identifying risks and determining control measures. Procedures for dealing with reports of sexual harassment must be clearly set out, including reporting mechanisms and investigation processes. Finally, the prevention plan must be readily accessible and understandable to all workers.
What Must Be Included in a Sexual Harassment Prevention Plan?
Beyond preparing and implementing the prevention plan, PCBUs have additional responsibilities. They must take reasonable steps to ensure that all workers are aware of the prevention plan and know how to access it. The plan must be reviewed as soon as practicable after a report of sexual harassment is made, or upon request by a health and safety committee or representative. Otherwise, it should be reviewed every three years.
Penalties for Failing to Meet the New Legal Requirements
Failure to comply with these requirements can result in significant penalties. Specifically, failing to prepare and implement a prevention plan, or failing to ensure workers are aware of the plan, can attract a maximum of 60 penalty units, currently equivalent to AUD 9,678.
How Businesses Can Prepare for Compliance in Queensland
For businesses operating in Queensland, this new requirement necessitates a proactive approach to managing workplace harassment. Key action points include engaging with employees to identify risks and develop effective control measures, providing training to ensure all workers understand the prevention plan and their role in maintaining a safe workplace, ensuring the prevention plan is well-documented, easily accessible, and regularly updated to reflect any changes in the workplace or new risks identified, and establishing a system for regular monitoring and review of the prevention plan to ensure it remains effective and compliant with legislative requirements.
Final Thoughts on Queensland’s Sexual Harassment Law Changes
Queensland’s new sexual harassment prevention plan requirement represents a significant step towards creating safer and more respectful workplaces. By mandating comprehensive prevention plans, the legislation aims to shift the focus from merely responding to incidents to actively preventing them. For businesses, this means taking a thorough and proactive approach to identifying risks, consulting with workers, and implementing robust control measures. Compliance with these new requirements not only helps avoid penalties but also fosters a positive and inclusive workplace culture
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