Skip to content
Menu

Sexual harassment and sex or gender-based harassment

Most jobs involve some risk of sexual harassment or sex or gender-based harassment. This is a hazard and can cause both psychological and physical harm.

Under the Work Health and Safety Regulation 2011, a person conducting a business or undertaking (PCBU), such as an employer, must proactively manage the risk of sexual harassment and sex or gender-based harassment at work.

What is sexual harassment or sex or gender-based harassment?

Sexual harassment means any unwelcome sexual behaviour that a reasonable person could anticipate may make another person feel offended, intimidated or humiliated in that situation. It includes uninvited physical intimacy such as touching in a sexual way, uninvited sexual propositions and remarks with sexual connotations.

Sex or gender-based harassment means the harassment of a person on the basis of the person’s sex or gender, by unwelcome conduct of a demeaning nature, with the intention of offending, humiliating the person or in circumstances where a reasonable person would have anticipated the person would be offended, humiliated or intimidated by the conduct.

These forms of harassment may be committed by co-workers, supervisors, managers, customers, clients, patients, visitors or others who interact with a worker or group of workers (e.g. people who work for other businesses and share the same workplace such as sub-contractors on a worksite, or a delivery person and retail worker or other members of the public).

Sexual harassment or sex or gender-based harassment can also include behaviour that, while not directed at a particular person, can affect someone who is exposed to it or witnesses it (e.g. overhearing sexual comments or being exposed to sexually explicit posters in a workplace).

Sexual harassment or sex or gender-based harassment is not always obvious, repeated or continuous, and may be a one-off incident.

Sexual harassment or sex or gender-based harassment may include:

  • asking intrusive questions about a person’s body
  • staring, leering or unwelcome touching (e.g. deliberately brushing up against a person or touching them in a sexual way)
  • sexual or suggestive comments, jokes or innuendo
  • sharing sexually inappropriate images or videos
  • uninvited sexual propositions
  • offensive comments about a person because of their sex, sexuality or gender
  • deliberately misgendering someone (e.g. using incorrect pronouns).

Further examples of behaviour that may be sexual harassment and sex or gender-based harassment can be found in this fact sheet (PDF, 0.64 MB).

What are the risks?

Sexual harassment or sex or gender-based harassment can cause a stress response which when frequent, prolonged, or severe may cause physical or psychological injury to a worker. Physical or psychological injuries may include:

  • physical injuries because of assault
  • feelings of isolation
  • loss of confidence and withdrawal
  • depression, anxiety, or suicidal thoughts
  • post-traumatic stress disorder (PTSD)
  • financial loss or economic disadvantage
  • cardiovascular disease, musculoskeletal disorders, and immune deficiency
  • gastrointestinal disorders (for example, because of stress).

How do I manage the risks?

Everyone at work has a responsibility for health and safety, both physical and psychological.

For workers

As a worker, you must take reasonable care of your own health and safety in your place of work, and the health and safety of others who may be affected by your actions. You must also follow any reasonable instructions given by the person who conducts a business or undertaking (PCBU).

For businesses

As a person conducting a business or undertaking (PCBU), you must ensure, so far as is reasonably practicable, workers and other persons are not exposed to risks to their psychological or physical health and safety. This includes risks to the health and safety of a worker or other person from sexual harassment and sex or gender-based harassment.

To manage the risk of sexual harassment and sex or gender-based harassment, PCBUs must:

  • identify reasonably foreseeable hazards
  • eliminate the risk so far as is reasonably practicable, or if it is not reasonably practicable to eliminate the risk, minimise the risk so far as is reasonably practicable by applying the hierarchy of controls and considering all relevant matters
  • maintain control measures to ensure they remain effective
  • review control measures when required.

These requirements are set out in Part 3.1 and Part 3.2, Division 11, of the Work Health and Safety Regulation 2011.

Following a four-step risk management process will help your business meet its responsibilities under work health and safety (WHS) laws.

The first step is to identify hazards in your place of work. This means looking at everything from the work environment to work tasks, how they’re carried out, and the way work is designed and managed.

Situations that may increase the risk or likelihood of sexual harassment or sex or gender-based harassment include:

  • particular cohorts of workers who are more vulnerable such as young workers, workers with a disability, Aboriginal and Torres Strait Islander workers, workers in insecure or precarious forms of employment, and workers on working visas
  • low worker diversity (e.g. the workforce is dominated by one gender, age group, race or culture)
  • power imbalances (e.g. workplaces where one gender holds most of the management and decision-making positions) or workplaces organised according to a hierarchical structure (e.g. police and enforcement organisations, or medical or legal professions)
  • workplace cultures that support or tolerate sexual harassment, including where lower level (but still harmful) forms of harassment are accepted (e.g. small acts of disrespect and inequality are ignored and reports of sexual harassment or inappropriate behaviours are not taken seriously). This conduct can escalate to other forms of harassment, work-related bullying/violence and aggression.

To determine if sexual harassment or sex or gender-based harassment is potential hazard in your place of work:

  • talk with workers, health and safety representatives, and health and safety committees
  • walk through and inspect your place of work, including how people interact
  • review workers’ compensation claims
  • refer to industry standards and guidelines
  • review the hazard and incident reports, exit reports and complaints.

A risk assessment involves thinking about what could happen if someone is exposed to a hazard (the consequence of exposure) and the likelihood of it happening.

Psychosocial hazards, including sexual harassment or sex or gender-based harassment, may interact or combine to increase the overall psychosocial risk so need to be considered together.

A risk assessment can help you figure out:

  • the severity of a risk
  • whether any effective control measures are in place
  • what actions you can take to control this risk
  • how quickly you should act.

To determine the likelihood that someone will be harmed by sexual harassment or sex or gender-based harassment at work, ask yourself:

  • has it happened before, either in this place of work or somewhere else?
  • if it has happened, how often does it happen?

To determine the possible consequences, ask yourself:

  • will it cause minor or serious injury, or death?

After the risks have been identified and assessed, you'll need to control them. Risk control measures should be selected on the basis of highest protection and most reliability.

Control measures

  • Eliminating the risk
    The most effective control measure is to eliminate the hazard and associated risk. If you are unable to eliminate the hazard, you must identify ways to ensure you are managing it in a way that minimises risks to health and safety.
  • Minimising the risk
    If it’s not reasonably practicable to eliminate the hazard, the risk should be minimised by using a range of control measures, for example:
    • changing the design of work under section 55D(2)(c) to avoid workers working alone, and instead working in pairs changing the design and layout and environmental conditions, of the workplace under section 55D(2)(d) by ensuring internal and external lighting provides good visibility, including safe entry and exit to the workplace
    • providing and using communication systems like phones or personal duress alarms (and provide workers with information, instruction and training on how to use these).
  • Using administrative controls
    You must also use administrative controls if there is still a risk after you’ve tried to reduce it with other control measures. Administrative controls protect your workers by working in ways that reduce their exposure to a hazard, for example:
    • Empower workers to refuse, restrict or suspend service if people fail to comply with the expected standard of behaviour.
    • Set standards of behaviour and procedures for what a worker should do if they experience or see sexual harassment or sex or gender-based harassment at work or work-related events or from third parties to the workplace.
    • Providing training on the prevention of sexual harassment and sex or gender-based harassment.

You may need to use a combination of these control measures to meet your responsibilities under WHS laws. Refer to the Managing the risk of psychosocial hazards at work Code of Practice 2022 for more information.

Matters to consider when determining control measures

In determining what control measures to use, PCBUs must have regard to all relevant matters (see regulation 55D(2) and 55F(1)). For sexual harassment and sex or gender-based harassment this includes:

  • matters relating to the characteristics of workers such as:
    • female workers where most workers at the workplace identify as male
    • workers who identify as LGBTQIA+, non-binary, or gender non-conforming
    • workers with a disability
    • young workers and
    • Aboriginal and Torres Strait Islander workers
    • workers from diverse ethnic backgrounds.
  • matters relating to the characteristics of the workplace or work environment such as a workplace where:
    • the workplace culture permits inappropriate behaviour
    • there is a lack of diversity, generally, or in particular management positions
    • the worker may be exposed to people consuming alcohol
    • the worker may be exposed to third parties at the workplace
    • the work is remote or isolated.

The combination of two or more characteristics will often result in an increased vulnerability of workers.

PCBUs must also consider:

  • the duration, frequency and severity of exposure to hazards
  • how psychosocial hazards may interact or combine
  • the design of work including the job demands and tasks
  • the systems of work including how work is managed, organised and supported
  • the design, layout and environmental conditions of the workplace including providing safe means of entry and exit, and facilities for the welfare of workers
  • the plant, substances and structures at the workplace
  • workplace interactions or behaviours
  • the information, training, instruction and supervision provided to workers.

Further information on applying the hierarchy of controls and the matters to consider can be found in the Managing the risk of psychosocial hazards at work Code of Practice 2022 (PDF, 1.46 MB).

Risk management should be an ongoing process in your business, and you should review your control measures regularly. Don’t wait until something goes wrong.

WHS legislation requires you to review controls if a person reports sexual harassment or sex or gender-based harassment at work. Other circumstances when control measures must be reviewed includes:

  • when the control measure is not effective in controlling the risk
  • before a change that might give rise to a new risk
  • when you identify a new hazard or risk
  • when consultation with workers indicates a review is needed
  • when the dynamic and complexity of your business changes, for a new supervisor or worker
  • after a health and safety representative requests a review.

A review of risk control measures can include an examination of:

  • the physical work environment
  • work systems and procedures
  • worker training and information
  • the consultation processes in your place of work.

Resources

Check back soon for more resources including films, templates and more.

Legislation and Codes of practice

You should read through the relevant legislation and codes of practice carefully to make sure your business is complying with the health and safety duties in the WHS Act.

Other legislation

A range of laws deal with mental health issues in Queensland workplaces.

Further support

You may wish to contact an organisation listed below for further information or support.

  • Mental Health Commission
  • Lifeline Australia – 13 11 14
  • Mental Health access line – 1300 642 255 a confidential mental health telephone triage service that provides the first point of contact to public mental health services to Queenslanders. Available 24 hours a day, seven days a week and links callers to the nearest public Queensland mental health service.
  • Suicide Call Back Service – 1300 659 467
  • Beyond Blue – 1300 22 46 36
  • 13 YARN – 13 92 76 for Aboriginal and Torres Strait Islander people
  • Heads Up – information and resources on developing a healthy workplaces
  • Workers’ Psychological Support Service – assists Queensland workers who have experienced a work-related psychological injury.
  • Injury Prevention and Management Program – IPaM is a joint initiative delivered by WHSQ and WorkCover Queensland. It is a free program designed to help Queensland
    businesses develop and implement sustainable health, safety and injury management systems.
  • Queensland Police Service (non-urgent reporting) – 131 444