Supporting businesses to understand their requirements under the new sexual harassment regulations

The Work Health and Safety (Sexual Harassment) Amendment Regulation 2024 commenced on 1 September 2024, specifically requiring Persons conducting a business or undertaking (PCBUs) to proactively manage the risk of sexual harassment and sex or gender-based harassment in the workplace.

Simply responding to reports after incidents occur is no longer sufficient—under the new regulations PCBUs must adopt a more comprehensive approach focusing on preventing harassment before it happens.

From March 2025, if a risk is identified PCBUs must also implement a written prevention plan that identifies risks, control measures for managing these risks if elimination is not practicable and the process for consulting with workers during its development. PCBUs will need to consider specific worker, workplace and work environment characteristics, such as lack of diversity or isolated work, which may heighten the risk of sexual harassment and sex or gendered-based harassment occurring in their workplace.

To support PCBUs to comply with these regulations and prepare for the prevention plan requirement, the Office of Industrial Relations is developing resources including a prevention plan template and detailed guidance documents which will be released in early 2025. Current resources include a downloadable fact sheet and communications kit for businesses.