ALERT

Your sexual harassment prevention plan requirements

From 1 March 2025 with employees in Queensland are required to prepare (and follow) a sexual harassment and sex or gender-based harassment prevention plan (“Plan”). The risk management process is set out in the ‘Managing the risk of psychosocial hazards at work’ Code of Practice, which can be accessed here. Broadly speaking, the Plan must:

  • be in writing (i.e. just saying you have a plan will not suffice);
  • set out each identified risk;
  • identify the control measures implemented to manage each identified risk;
  • identify the matters considered by the employer (i.e. you or your business) in determining the control measures;
  • describe the consultation process undertaken (under the WHS Act you must consult with workers and other parties as part of the development of this plan);
  • set out a procedure for dealing with reports of sexual harassment or sex or gender-based harassment at work; and
  • be set out and expressed in a way that is readily accessible and understandable to workers.

Furthermore, employers must ensure that they implement the Plan, ensure workers are aware of the Plan and how it can be accessed, and review the Plan at least every three years, or as otherwise required by law. If you fail to prepare or implement the Plan, your business may be fined up to 60 penalty points, which is currently $9,678.

All employers with employees based in Queensland (i.e. with workers covered by the WHS Act) should ensure they implement a Plan for those workers as soon as possible.

Please note that this is a very broad summary only, and Plan’s should be tailored for each employer. Please reach out to one of our specialist employment lawyers if you have any questions or need help to prepare a Prevention Plan, or accompanying policies.

 

 

Disclaimer: The information contained this article is general and intended as a guide only. Professional advice should be sought before applying any of the information to particular circumstances. While every reasonable care has been taken in the preparation of this update, Aitken Legal does not accept liability for any errors it may contain. Liability limited by a scheme approved under professional standards legislation.