Amendments - Sexual Harassment
There were updates to the work, health and safety regulations, from March 1st 2025
As the business owner you have a duty to prepare a prevention plan to manage risks to the health and safety of workers, or other persons, from sexual harassment or sex or gender- based harassment.
In simple terms, it is important for you to have a prevention plan in place to compliment your policies. Below is further information to guide you.
Summary of Key Amendments
Definition of Harassment
Sexual harassment is defined as behavior that would contravene the Anti-Discrimination Act 1991 or the Sex Discrimination Act 1984 (Cwlth).
Sex or gender-based harassment aligns with the meaning provided in the Industrial Relations Act 2016, schedule 5.
Duty to Manage Psychosocial Risks
Employers are required to manage risks to health and safety arising from sexual harassment and sex or gender-based harassment, treating them as psychosocial risks.
Development of a Prevention Plan:
From 1 March 2025, employers must prepare and implement a written prevention plan if risks of sexual or sex/gender-based harassment are identified.
The plan should outline identified risks, control measures, consultation processes, and procedures for handling reports of harassment.
Review and Revise Control Measures:
Employers must review and, if necessary, revise control measures whenever a report of harassment is made.
Checklist for Small Business Owners
Understand the Definitions
Familiarise yourself and your staff with what constitutes sexual harassment and sex or gender-based harassment under the new regulations.
Assess Workplace Risks
Evaluate your workplace to identify any potential risks related to harassment. Consider factors like workplace culture, diversity, and work environment.
Develop a Prevention Plan
If harassment risks are identified, create a written prevention plan that includes:
A clear statement of identified risks.
Implemented or planned control measures to manage each risk.
Consideration of relevant factors as outlined in section 55F(1) of the regulation.
Details of consultation with workers and any health and safety representatives.
Procedures for reporting, investigating, and resolving harassment complaints.
Implement the Prevention Plan
Ensure all staff are aware of the plan and know how to access it.
Provide necessary training to support the plan's effectiveness.
Review and Revise Control Measures:
Promptly review and adjust control measures following any reports of harassment.
Regularly assess the effectiveness of existing measures and make improvements as needed.
Consult with Workers
Engage in regular discussions with your employees about health and safety matters.
Consider establishing a health and safety representative or committee if applicable.
Establish Clear Reporting Procedures
Create straightforward and confidential channels for employees to report harassment.
Ensure reports are taken seriously and addressed promptly.
Provide Training and Resources
Offer training sessions on recognising, preventing, and addressing harassment.
Equip managers and supervisors with the skills to handle harassment issues effectively.
Maintain Documentation
Keep detailed records of assessments, prevention plans, training, reviews, and any incidents reported.
Stay Informed
Keep abreast of any further amendments to workplace health and safety laws.
Utilise resources provided by Safety bodies relevant to your business.
By proactively addressing these areas, you can ensure compliance with the new regulations and promote a respectful and safe workplace for all employees.
If you have questions regarding this or more recent employment topics such as the right to disconnect, flexible working and wage reviews, please reach out.