Sexual Harassment: New Changes to QLD WHS Regulations

If other States & Territories take Queensland Lead what could be expected?

To manage the risk to health and safety from sexual harassment and sex or gender-based harassment at work would mean ensuring PCBUs have in place specific a sexual harassment risk assessment, based on consultation and feedback from their workforce.

Ensuring the control measures to be put in place would have regard to all relevant matters concerning the risk of sexual harassment and sex or gender-based harassment in the workplace, including matters relating to characteristics of the workers, the workplace and the environment. These controls would potentially be different for each PCBU due to the workers and the current work culture.

The next part is to review and, as necessary, revise these control measures when it receives reports of sexual harassment or sex or gender-based harassment at work.

Queensland sees the development of the Prevention Plan as being reviewed after each report of sexual harassment or sex or gender-based harassment at work is made, or if a Health and Safety Representative or the WHS Committee ask for the plan to be reviewed or otherwise every three years.

The Prevention Plan should be a written document and:

• Needs to state each identified risk.
• Needs Identify the control measures (implemented or to be implemented) to manage each identified risk; and
• Identify the matters considered in determining the control measures (including those in the WHS Act or Reg).
• Describe what consultation has been or will be undertaken in line with the WHS Act.
• Be placed so that it is readily accessible and understandable to workers.
• Sets out the procedure for dealing with reports of unsafe conduct.
• Reasonable steps must be undertaken to make workers aware of the Prevention Plan and how to access it both online and offline.

How can you prepare for what may be coming?

While changes to WHS laws have been coming at a rapid pace in Queensland during 2024, we can expect that other States & Territories will put in place similar actions in the future.

Organisational checklist of actions to prepare for what may be coming by with sexual harassment requirements and reporting;  

• Commence or review your Sexual Harassment Risk Assessment for your organisation (Including internal & external sources e.g. car parks, CCTV, Clients, and Events) and ensure consultation with the workforce is placed in the risk assessment process to review controls for listed hazards.
• Review your control measures and identify what else is required in consultation with your workforce.
• Ensure you have a clear reporting process for workers concerning sexual harassment and other related conduct with clear timeframes and outcomes communicated to parties involved.
• Market the program to your workforce, especially the reporting process to remind workers of these processes.
• Ensure you have in place the process you will follow to update the risk assessment and the control measures after receiving complaints.
• Confirm that your training is up to date relating to appropriate workplace behaviour and that all workers in your business (including contractors, subcontractors, apprentices and volunteers) understand the standard of behaviour required and the reporting process.
• Ensure that your Due Diligence training for your Board of Directors, Senior Management and Officers includes how to ensure sexual harassment and other similar unlawful conduct risks are appropriately addressed, and that the Board and Executives in particular are properly briefed on these changes.

Conclusion

For those operating in jurisdictions other than Queensland, we can see that Queensland’s amendment to its WHS regulation laws will be used as the benchmark. As a PCBU you have two paths open to you. One is that you react only when these amendments are made in the WHS Legislation in your state or territory or become proactive and start the work now by using the above checklist to begin planning and meeting your future obligations.