By Catherine Ngo Content writer, presenter and podcaster

The Queensland Government has enacted legislation that imposes a comprehensive positive duty on employers to eradicate, to the maximum extent feasible, not just sexual and sex-based harassment but also discrimination and "other objectionable conduct" in the workplace.

According to Labor member Jason Hunt, one of the primary goals of the new law is to "promote respect in workplaces across Queensland," as he stated during the parliamentary debate on the Bill.

As outlined in the explanatory statement of the Bill, a positive duty will be imposed on duty holders, shifting the approach from passively waiting for complaints to proactively preventing discrimination, sexual harassment, and other forms of objectionable conduct in the workplace. 

This duty will require duty holders to:

  • Develop and implement organisational policies that emphasise the significance of respectful behaviour in the workplace.
  • Ensure easily accessible information is available to all employees.
  • Conduct workplace surveys to assess knowledge, awareness, and experiences related to unlawful conduct such as discrimination and sexual harassment.
  • Engage in informal or formal disciplinary discussions with employees who exhibit disrespectful or unlawful behaviour.
  • Ensure that managers and leaders clearly and consistently articulate expectations of respectful behaviour.

Additionally, the Bill introduces amendments to the Anti-Discrimination Act of Queensland, specifically addressing vilification.

Review of control measures required after complaints

Queensland's work health and safety regulations have recently undergone amendments. These amendments emphasise the responsibility of a person conducting a business or undertaking (PCBU) to consider various factors when assessing sexual harassment risks and implementing appropriate control measures. 

Other factors include workers' characteristics, such as age, gender, sexual orientation, and disability, as well as the workplace or work environment itself.

Effective 1 September 2024, the regulations acknowledge that specific workplace characteristics may contribute to sexual harassment risks. For instance, a lack of diversity in the workplace generally or in decision-making positions specifically could be a relevant consideration.

New requirement for a written prevention plan

In addition, the new regulations mandate that PCBUs conduct a review of control measures whenever an individual reports sexual or sex-based harassment or discrimination.

From 1 March next year, Queensland PCBUs will also be required to prepare a written 'prevention plan' for identified risks and ensure workers know them.

Commencing 1 March next year, Queensland PCBUs must create a written "prevention plan" for recognised risks and ensure employees are aware of these risks.

Will other states and territories follow? 

Queensland's requirement to review control measures after receiving a workplace sexual harassment complaint is a significant development. 

Employers must ensure their organisations have a proper data-sharing mechanism to report such complaints to the safety team. 

Subsequently, a review must be conducted to assess the effectiveness of control measures in eliminating sexual harassment and determine whether revisions are necessary.

This change highlights the convergence of safety and HR functions, emphasising the need for organisations to approach these matters holistically. Notably, Queensland is the first state or territory in Australia to introduce a requirement for written sexual harassment prevention plans, making it a unique and pioneering legislative initiative. Whether these changes will be adopted in other jurisdictions remains to be seen.

More details on the Work Health Safety amendments are here.