Queensland leads the charge on preventing workplace sexual harassment: new obligation to implement prevention plans by 1 March 2025

All PCBUs in Queensland with an identified risk to the health or safety of workers, or other persons, from either sexual harassment, or sex or gender-based harassment at work, must prepare a prevention plan in line with the requirements in section 55H(2) of the Regulation. The requirements are stringent and include that the prevention plan must:

1. be in writing, accessible and understandable to workers;
2. state the identified risks, control measures and matters considered to implement such measures;
3. describe the consultation that has occurred in respect of the plan; and
4. set out the procedure for reports of sexual harassment or sex or gender-based harassment at work.

The requirement to implement a prevention plan follows the introduction of a requirement for Queensland PCBUs to manage the risk to the health and safety of workers and other persons from sexual harassment or sex or gender-based harassment, having regard to their particular characteristics such as age, gender, or sex and the characteristics of their workplace. These obligations came into effect in the Regulation on1 September 2024.

If a PCBU has workers (broadly defined to include employees and contractors) in Queensland, you will need to ensure you have:

• conducted a risk assessment;
• identified control measures; and 
• consulted with workers on the prevention plan,

before it is implemented.  

If you do not have workers in Queensland, you are not required to implement a prevention plan. However, this may be a good opportunity to review your existing compliance framework regarding sexual harassment and psychosocial hazards more broadly. It is also possible that other states will follow suit in the future, so it is important to be aware of any developments.

While you may have previously conducted risk assessments and identified control measures in response to the positive duty, these may by now be out of date and not fit for purpose.  

Failing to implement a prevention plan attracts a maximum of 60 penalty units, currently equivalent to $9,678, and may open you up to scrutiny from the work, health and safety regulator.