Sexual Harassment Laws for Businesses

How do I make sure my Business is Ready for the New Sexual Harassment Prevention Plan Requirement?

The Work Health and Safety (Sexual Harassment) Amendment Regulation 2024 (Regulation) is a significant change for Queensland businesses, requiring them to take proactive steps in preventing workplace sexual harassment. Passed on 1 September 2024, the Regulation mandates that all Persons Conducting a Business or Undertaking (PCBU) implement a formal sexual harassment prevention plan by 1 March 2025.

See here for the government authority https://www.worksafe.qld.gov.au/safety-and-prevention/mental-health/Psychosocial-hazards/sexual-harassment-and-sex-or-gender-based-harassment

Failure to comply could result in substantial financial penalties and increased liability for damages if a claim arises. To help your business navigate these new requirements, Gateway Law Group is here to provide expert legal guidance in drafting and implementing a compliant prevention plan.

Understanding Your Obligations

The new Regulation explicitly categorizes sexual harassment as a Work Health and Safety (WHS) issue, emphasizing that businesses must actively manage workplace risks. A compliant prevention plan must:

• Be in writing and easily accessible to all workers.

• Identify each potential risk of sexual harassment in the workplace.

• Specify control measures to address these risks.

• Consider worker characteristics such as age, gender, disability, and cultural background.

• Outline the consultation process undertaken in drafting the plan.

• Provide clear complaint-handling procedures.

• Be regularly reviewed, at least every three years, or sooner if a harassment claim is reported.

Non-compliance could expose employers to a fine of 60 penalty units (currently $9,679 per failure), as well as potential enforcement actions by the Work Health and Safety regulator.

How Gateway Law Group Can Assist

Navigating legal compliance can be complex, but Gateway Law Group simplifies the process with tailored legal support. Our team can assist your business in:

• Drafting a Comprehensive Prevention Plan: We ensure your plan meets all legislative requirements while being customized to your workplace’s unique risks and culture.

• Risk Assessments: We help identify workplace characteristics that may contribute to sexual harassment risks and recommend effective control measures.

• Training and Compliance Support: We provide training on the new legal obligations, ensuring your leadership and employees understand their roles in prevention.

• Plan Review and Updates: We help businesses keep their prevention plans up to date, in line with regulatory changes and workplace developments.

Act Now to Protect Your Business

With the deadline approaching, now is the time to take action. Let Gateway Law Group help you develop a strong, legally compliant prevention plan to safeguard your employees and business. Contact us today to ensure your business is prepared for the new regulations.

Contact Gateway's Solicitor - Director - Cameron Burnett on 0481819 394 or cameronb@gatewaylawgroup.com.au to discuss putting this in place.