QLD’s new WHS sexual harassment requirements: everything you need to know

The Queensland Government has introduced critical new requirements for businesses to proactively manage the risks associated with sexual harassment in the workplace.

This marks a significant shift in recognising sexual harassment not just as a human resources (HR) issue, but as a fundamental work health and safety (WHS) obligation. Businesses must now ensure that HR and WHS teams work together to meet these new requirements and uphold their duties under the Work Health and Safety Act 2011 (Qld).

Under the Work Health and Safety (Sexual Harassment) Amendment Regulation 2024, organisations must have implemented a Sexual Harassment Prevention Plan by 1 March 2025. Haven’t got one yet? Don’t worry, our experts will run you through everything you need to know in this article.

What does this mean for businesses?

Sexual harassment is now officially recognised as a psychosocial hazard affecting worker health and safety – and failure to manage these risks is a breach of WHS obligations. The new regulation now in place reinforces the positive duty on employers to actively prevent sexual harassment – not merely respond after incidents occur.

This means:

• Businesses must reframe sexual harassment as a safety risk.
• WHS Officers and HR teams must work collaboratively to manage it.
• Directors and executives (“officers” under the WHS Act) are personally responsible for exercising due diligence in ensuring compliance.

What are the new obligations?

A Person Conducting a Business or Undertaking (PCBU) must manage the risks to health and safety from sexual harassment or sex or gender-based harassment.

• Employees need to consider:
  • Worker characteristics such as age, gender, sexual orientation, and disability.
  • Workplace characteristics, including culture, diversity levels, and environmental factors such as alcohol-affected patrons in hospitality settings.

It’s important to note that the risk factors must be specific to each workplace or even work team – there’s no “one size fits all” approach.

What should you include in the prevention plan?

Effective from 1 March 2025, every PCBU must now have a written Sexual Harassment Prevention Plan to manage an identified risk to the health or safety of workers from either sexual harassment or sex or gender-based harassment. The Plan must:

• Identify each risk.
• List control measures to manage each risk.
• Record worker and workplace characteristics that are considered in risk assessment.
• Describe the consultation process with workers that has taken place regarding the plan.
• Detail a clear procedure for dealing with reports of sexual harassment or sex or gender-based harassment at work, including:
  • How reports are made and investigated.
  • Representation rights for complainants.
  • How the person who made the report and other parties will be informed of the results of the investigation.
  • The person who made the report may also use the issue resolution procedure and the dispute resolution procedure outlined in the relevant legislation.

• It’s written in plain language so all workers can understand it.

Additionally, businesses must ensure accessibility of the plan and review it:

• After an incident is reported, or as soon as practicable after an incident is reported.
• If requested by a Health and Safety Committee or Representative.
• Every three years at a minimum.

What are the penalties for non-compliance?

Failing to comply with the prevention plan requirements carries significant repercussions. Organisations may face fines of up to 60 penalty units, equivalent to approximately $9,679 per breach. Beyond this, the Regulator has the authority to issue infringement, improvement, and prohibition notices, further underscoring the importance of compliance.

Non-adherence not only exposes businesses to heightened penalties and damages in legal proceedings through Fair Work, Human Rights Commissions, or courts but also increases the likelihood of workers’ compensation claims, mental health injury claims, and reputational harm. These risks emphasise the critical need for a proactive and well-maintained prevention strategy.

How should businesses respond?

If your business hasn’t yet addressed sexual harassment, immediate action is required:

1. Connect with our Safety Advice line to ask for assistance in creating a plan. You can arrange a consultation here.
2. Assess workplace and worker risks using psychosocial risk management frameworks.
3. Draft and implement a prevention plan.
4. Ensure senior leadership oversight – directors and officers must be actively involved.
5. Consult workers during the development and implementation process.
6. Communicate and train workers about the prevention plan and reporting procedures.
7. Schedule regular reviews of the plan to keep it effective and compliant.

The spotlight is firmly on employers to create proactively safe, respectful workplaces. These changes in Queensland reflect a broader national movement and align with the positive duties introduced in the Sex Discrimination Act 1984 (Cth).

If you haven’t implemented a plan yet, now is the time to protect workers, comply with the law, and avoid serious regulatory and legal consequences.

Citation safety can help

Citation Safety is here to make it easy and stress-free. We’ll help you develop a tailored Sexual Harassment Prevention Plan template that not only keeps you compliant but also works seamlessly within your business operations.  Our experts will guide you through every step, providing practical, actionable WHS advice to help you safeguard your team and foster a culture of respect and safety.

When you partner with Citation Safety, you’ll also benefit from detailed WHS templates, tools, and ongoing support to ensure your plan and WHS practices remain effective.

Contact us today to learn how Citation Safety can help you strengthen your policies, protect your workers, and build a positive workplace culture that thrives.

About our author

Jack Bowkett is a Workplace Health and Safety Consultant at Citation Group. He has an interest in all things safety-related and regularly provides pragmatic advice on how businesses can comply with their WHS obligations and create a good working environment.