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From 1st March 2025, Every Queensland Business Needs To Have a Sexual Harassment Prevention Plan

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Sexual Harassment Prevention Plan
The new sexual harassment regulations apply to every business in Queensland, regardless of size or industry.

As of 1st March 2025, every Queensland business must have a written Sexual Harassment Prevention Plan.


New laws under the Work Health and Safety (Sexual Harassment) Amendment Regulation 2024 mean that all employers must actively prevent and manage the risk of sexual harassment, just like any other workplace hazard.


This is a major shift – as your businesses can no longer wait for complaints to be made. Instead, you must:


  1. Identify workplace risks where harassment could occur.

  2. Take action to prevent it with clear policies and training.

  3. Ensure employees understand their rights and how to report concerns.


Failure to comply may result in penalties, enforcement action, or potentially vicarious liability (i.e. where employers are held liable for the actions of their employees if they fail to take reasonable steps to prevent sexual harassment).


Who Must Comply?


The new sexual harassment regulations apply to every business in Queensland, regardless of size or industry. If your business has at least one employee, you must comply.


Which Businesses Are Affected?


These regulations apply to all business types, including but not limited to:


• Small businesses and sole traders with employees

• Trade and construction businesses (electricians, plumbers, builders, etc.)

• Retail, hospitality, and service based businesses (cafés, bars, salons, etc.)

• Professional services (accountants, consultants, law firms, etc.)

• Transport and logistics (freight, delivery services, taxi companies, etc.)

• Manufacturing, healthcare, and education providers

• Charities and not-for-profit organisations


If your business employs staff in Queensland, you must take action to comply with these laws - which include having a Sexual Harassment Prevention Plan in place.

What About Sole Traders?

  • If you do not employ anyone, these changes do not apply to you.

  • If you hire contractors, apprentices, or casual staff, you must comply.

  • If you operate at client sites or shared workspaces, following best practices can still help protect your business.

What About Multi-State Businesses?


What Your Business Needs to Do (Step-by-Step Guide)


Below is a step-by-step guide to help you comply with the new legal requirements.


Step 1: Identify Workplace Risks


Every business must assess where and how sexual harassment risks may arise in the workplace. Common risks may include:

Risk Category

Description

Examples of Risk

Inappropriate Comments or Jokes

Verbal or written remarks that are sexual, suggestive, or offensive in nature.

  • Making sexual jokes or inappropriate comments during meetings or casual conversations.

  • Sending suggestive or explicit messages via email, chat, or text.

  • Commenting on a colleague’s appearance or clothing in a sexualised way.

Unwanted Physical Contact

Any non-consensual touch or physical interaction that makes someone feel uncomfortable.

  • Unwanted touching, hugging, patting, or kissing.

  • Standing too close or invading personal space in an intimidating way.

  • Unsolicited physical advances at work or work-related events.

Sexual Advances or Requests for Favours

Unwelcome flirtation, repeated advances, or offers of job benefits in exchange for sexual favours.

  • Persistently asking a coworker on dates despite rejection.

  • Suggesting career advancement in exchange for sexual favours.

  • Pressuring employees to engage in sexual discussions or activities.

Gender-Based Harassment

Discrimination, exclusion, or hostility directed at individuals based on gender or sexual identity.

  • Making derogatory comments about someone's gender role or identity.

  • Excluding women or non-binary individuals from work-related activities.

  • Intentionally misgendering someone or making fun of gender identity.

Power Imbalances & Abuse of Authority

Harassment that occurs due to a power differential, where an individual abuses their authority.

  • A manager making inappropriate advances toward a subordinate.

  • Threatening demotion or job loss if sexual advances are refused.

  • Giving preferential treatment to employees who comply with inappropriate requests.

Workplace Social Events & Outings

Situations where professional boundaries become blurred due to a more casual environment.

  • Excessive alcohol consumption leading to inappropriate behaviour.

  • Unwanted flirting or touching during work parties.

  • Making suggestive comments or jokes in a relaxed setting.

Inappropriate Visual or Digital Content

Displaying, sharing, or distributing offensive, explicit, or sexually suggestive materials.

  • Sharing sexual memes, images, or videos in group chats.

  • Sending explicit or inappropriate emails or texts.

  • Displaying offensive materials on desks, screens, or workplace notice boards.

Isolation & Remote Work Risks

Increased risk of harassment due to a lack of supervision or oversight.

  • Employees working alone with supervisors who misuse their power.

  • Harassment occurring via video calls, messages, or emails in remote settings.

  • Limited witnesses or support in remote work environments.

Retaliation Against Complainants

Negative actions taken against individuals who report harassment.

  • Demotion, unfair workload increases, or exclusion from meetings after filing a complaint.

  • Spreading rumours or treating the complainant unfairly.

  • Making the workplace uncomfortable for individuals who come forward.

*Consult your employees—they may identify risks you haven’t considered.


Step 2: Implement Preventative Measures


To reduce the risk of workplace sexual harassment, businesses must:


  • Establish clear workplace policies stating that sexual harassment is unacceptable.

  • Provide training to employees and managers on appropriate workplace behaviour and reporting processes.

  • Ensure reporting systems are confidential and accessible so employees feel safe to speak up.

  • Promote a respectful workplace culture through leadership and ongoing communication.


Step 3: Create a Sexual Harassment Prevention Plan


By 1st March 2025, all Queensland employers must have a written Sexual Harassment Prevention Plan that includes:


  • Identified risks of sexual harassment in the workplace.

  • Preventative measures and how the business is addressing these risks.

  • How employees were consulted in developing the plan.

  • Clear reporting and investigation procedures.


If your business does not have a plan in place yet, this should be a priority action. To help you meet the new requirements, we have created a Sexual Harassment Prevention Plan template that you can download for free.


Step 4: Keep Your Plan Up to Date


  • Your plan should be reviewed at least every three years or whenever an incident occurs.

  • Update policies and training as needed to keep employees informed and protected.

  • Regularly check that employees understand the reporting process and feel safe to report concerns.


Taking these steps should help to ensure that your business remains compliant while creating a safer, more inclusive workplace for your employees. But for further guidance on your legal obligations, please visit:


🔗 WorkSafe Queensland – https://www.worksafe.qld.gov.au

🔗 Fair Work Ombudsman – https://www.fairwork.gov.au

🔗 Safe Work Australia – https://www.safeworkaustralia.gov.au


Free Sexual Harassment Prevention Plan To help your business meet the new legal requirements, we’ve created a free, easy-to-use, fully editable Sexual Harassment Prevention Plan template that can be customised to suit your business needs. This template will help you:

  • Identify workplace risks related to sexual harassment.

  • Document preventative measures to protect employees.

  • Outline reporting and complaint-handling procedures.

  • Help meet compliance with Queensland’s new legal requirements.



Disclaimer:

The information provided in this article is intended for general guidance only and should not be considered as specific legal or professional advice. While we strive to ensure that the content is accurate and up-to-date, businesses are encouraged to review the relevant resources and guidance materials provided by their state-based WHS regulators to fully understand their legal obligations. For tailored advice that pertains specifically to your business circumstances, we recommend engaging a qualified WHS consultant. This will ensure that you receive expert guidance tailored to your unique operational needs and compliance requirements.

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