Queensland workplace sexual harassment laws have changed

The Queensland Government has taken a landmark step towards tackling workplace sexual harassment by introducing the Work Health and Safety (Sexual Harassment) Amendment Regulation 2024 (the Act). This Act requires businesses to proactively manage workplace sexual harassment and prioritise the prevention of harassment through mandatory risk management and comprehensive planning. With this new obligation, Queensland has committed to creating a safe workplace culture for all.

The need for such reform is clear. Findings from the Australian Human Rights Commission’s (AHRC) 2018 National Survey reveal a sobering picture:

• One in three people reported experiencing sexual harassment at work in the last five years.
• The prevalence is higher for women than men.
• One in two people has either been a victim of sexual harassment or witnessed it as a bystander.
• For more than 50 per cent of those who experienced repeated harassment, it lasted for more than six months.
• The information and media, arts and recreation, and retail trade industries report even higher rates than the national average.

These statistics underline the importance of this regulation in driving change and addressing a prevalent issue head-on. This is a critical step in reshaping workplace culture across Queensland.

Here, our experts break down these new laws and how they address sexual harassment in the workplace, answer the critical questions every employer has, and explain the broader implications for business beyond the state’s border.

Unpacking the key changes to the Work Health and Safety regulation

The Work Health and Safety Regulation 2011 has been strengthened to explicitly require the management of sexual and sex or gender-based harassment risks. It now clearly outlines the factors to consider when determining control measures and mandates that PCBUs document and implement prevention strategies for identified risks.

These updates are part of the Act, which introduces two major changes.

1. From 1 September 2024, businesses have been required to consider specific worker and workplace characteristics when implementing control measures to manage risks of sexual or sex-based harassment.
2. Starting 1 March 2025, businesses must prepare a Prevention Plan outlining identified risks, implemented controls, and procedures for managing harassment reports.

Control measures: what do employers need to consider?

Businesses must now consider characteristics such as age, gender, disability, or sexual orientation, as well as workplace culture, work environment, and systems of work when designing risk controls. High-risk industries and vulnerable groups like on-hire, culturally and linguistically diverse (CALD) workers, migrants, and young workers may require tailored approaches. Additionally, control measures must be reviewed whenever a harassment report is submitted to ensure ongoing effectiveness and compliance.

Prevention is better than a cure: Prevention Plan requirements

Effective 1 March 2025, businesses must have a written Prevention Plan that identifies risks, control measures, and consultation processes. It must also detail procedures for reporting and investigating harassment, ensuring accessibility for all workers. Consultation with workers when preparing the Prevention Plan is essential and a legal obligation under Work Health and Safety (WHS) laws, when identifying and mitigating risks.

With these law changes come penalties. So, what penalties could apply for workplace sexual harassment? Non-compliance with these new obligations can result in penalties of up to $9,678 (60 penalty units, but the maximum penalty can be increased annually) for failing to:

• implement a Prevention Plan;
• take reasonable steps to ensure workers are made aware of the Prevention Plan; or
• review the Prevention Plan as required.

Checklist for Prevention Plan

Ensure your Prevention Plan includes the following key elements:

1. Written documentation
2. Control measures
3. Risk assessment details
4. Consultation with workers
5. Reporting and investigation procedures
6. Accessible and understandable language
7. Regular reviews

Building on existing duties: what are the next steps for business owners?

These new obligations expand on existing obligations under WHS laws to proactively manage sexual harassment, and the ‘positive duty’ introduced in December 2022 under the Respect at Work laws within the Sex Discrimination Act 1984. This marks a significant step in moving beyond traditional risk assessments to enforce proactive measures. Businesses should prepare for increased scrutiny from the WHS Regulator as compliance becomes a key focus.

To meet these obligations, businesses should review and update current control measures, consult with workers, and draft their Prevention Plan well ahead of the March 2025 deadline. Aligning HR and WHS systems, providing staff training, and maintaining detailed compliance records will be critical.

The broader implications for businesses beyond the Queensland state borders

Creating a Prevention Plan that spans across jurisdictions isn’t just a compliance measure but a vital step toward fostering safe and inclusive workplaces. Citation Safety supports businesses in developing strategies that align with WHS obligations nationwide. By building a comprehensive Prevention Plan, organisations can ensure their approach extends beyond Queensland, meeting broader obligations and reinforcing commitment to workplace safety.

Even in jurisdictions where planning mandated by the Queensland Government isn’t required, businesses have a clear responsibility to proactively identify and assess risks related to sexual harassment. Adopting a holistic approach not only aligns with legal expectations but also demonstrates a strong, values-driven dedication to creating respectful and supportive environments for employees.

Not sure where to start with your Sexual Harassment Prevention Plan? Citation Safety is here to help

Sexual harassment in the workplace isn’t just harmful, it’s a serious risk to your business and your people. Under these new regulations, failing to proactively manage this issue could have severe consequences. That’s why preparing a robust Sexual Harassment Prevention Plan isn’t optional – it’s essential.

Citation Safety is here to make it easy and stress-free. We’ll help you develop a tailored Prevention Plan 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

Adrian Turner has a multifaceted role in Citation, serving as the Head of Citation Safety as well as Group General Counsel. In his role leading Citation Safety, Adrian oversees the commercial growth and service delivery function of the division. As Group General Counsel, Adrian has broad involvement in the commercial development, governance and risk portfolios across Citation’s brands, as well as managing M&A activity in Australia and New Zealand.