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 (WHS Regulation), 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.
From 1 March 2025, PCBUs must prepare and implement a prevention plan to manage identified risks to the health and safety of workers, or others, from sexual harassment and sex or gender-based harassment at work. The obligation to prepare a prevention plan applies where a risk of sexual harassment has been identified, and control measures are needed to eliminate or minimise the risk.
The written plan provides a clear and familiar process to PCBUs for managing this kind of harassment in the same way that any other risk would be managed in the workplace. Importantly, the prevention plan is about proactive efforts to stop these forms of harassment, as opposed to operating as a complaints policy for managing harassment after it happens. Proactive management is required of PCBUs under work health and safety legislation and requiring a written plan to be completed supports PCBUs in fulfilling this obligation.
PCBUs may choose to utilise existing systems and processes to manage the risk of sexual harassment and sex or gender-based harassment at work, which document the identified risks and meet the requirements of a prevention plan.
A prevention plan template has been developed to support PCBUs to meet the requirements under the WHS Regulation, but the template is not mandatory and PCBUs may choose to use other written documentation to support the prevention plan requirements.
For assistance with identifying and managing risks of workplace sexual harassment and sex or gender-based harassment, see the Guide for PCBUs, the prevention plan template and the example prevention plan in the Resources section, below.
The Guide for PCBUs details:
- what is sexual harassment and sex or gender-based harassment
- examples of sexual harassment and sex or gender-based harassment
- what are the risks related to sexual harassment and sex or gender-based harassment
- how PCBUs manage the risks – applying a four-step risk management process (identify the hazard, assess the risk, control the risk and review risk controls)
- steps to prepare and implement a prevention plan.
Resources
- Managing the risk of sexual harassment and sex or gender-based harassment at work:
- Guide for PCBUs (PDF, 0.73 MB)
- Prevention plan template (PDF, 0.48 MB)
- Example of a completed prevention plan (PDF, 0.86 MB).
- Fact sheet for PCBUs that includes helpful FAQs (PDF, 0.64 MB)
To use the Prevention plan template you will need Acrobat Reader. If the PDF does not function correctly (for example, if it does not show editable text boxes in the far-right column on pages 1–8), right-click the PDF link to save the file to your computer. Then, reopen the PDF file in Adobe Acrobat Reader on your computer.
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.
- Work Health and Safety Act 2011
- Work Health and Safety Regulation 2011
- Guide to the Work Health and Safety Act 20211 (PDF, 0.35 MB)
- Managing the risk of psychosocial hazards at work Code of Practice 2022
Other legislation
A range of laws deal with discrimination, bullying, sexual harassment and related matters in Queensland workplaces.
- The Queensland Human Rights Commission provides information about Queensland’s anti-discrimination and human rights laws, including sexual harassment at work.
- The Queensland Industrial Relations Commission helps to resolve disputes about workplace bullying for Queensland public sector employees.
- The Fair Work Commission helps to resolve disputes about workplace bullying and sexual harassment for most private sector employees.
- The Fair Work Ombudsman helps employers and employees understand their workplace rights and responsibilities.
- WorkCover Queensland provides workers’ compensation insurance and information about how to make a workers’ compensation claim.
- SafeWork Australia has published a model Code of Practice that provides practical guidance to PCBUs on how eliminate or minimise the risk of sexual harassment at work.
Further support
You may wish to contact an organisation listed below for further information or support.
If your life is in danger, call emergency services on 000 or go to your local hospital emergency department.
- Queensland Mental Health Commission
- Lifeline Australia – 13 11 14, available 24 hours a day, seven days a week
- Mental Health access line – 1300 642 255, 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, available 24 hours a day, seven days a week
- 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