QUEENSLAND'S SEXUAL HARASSMENT PREVENTION PLAN: WHAT EMPLOYERS MUST KNOW
- Erin Barnes
- 5 minutes ago
- 4 min read
Nine months on from the 1 March 2025 rollout of one of Queensland’s most significant WHS reforms, many PCBUs ("person conducting a business or undertaking") still haven’t:
conducted proper psychosocial risk assessments
documented consultation
reviewed plans after reported incidents
realised their "policy" is not a "plan"
Under the Work Health and Safety (Sexual Harassment) Amendment Regulation 2024 (Qld), which amends the Work Health and Safety Regulation 2011 (Qld), a PCBU must prepare a written Sexual Harassment Prevention Plan if they identify a risk to worker health or safety from sexual harassment or sex/gender-based harassment.
THE BACKSTORY: HOW QUEENSLAND ARRIVED AT THIS REFORM
This requirement didn’t emerge in a vacuum. It was the turning point of several years of national reform.
THE POSTIVE DUTY AND THE COMPLIANCE GAP
Between 2020–2022, the national Respect@Work Inquiry made one thing clear: Australia’s approach to sexual harassment was reactive, inconsistent, and systemically failing.
The recommendations led to a federal positive duty under the Sex Discrimination Act 1984. From late 2023, the Australian Human Rights Commission (AHRC) was empowered to enforce proactive prevention measures.
But there was a missing piece:
THE FEDERAL LAW DID NOT PRESCRIBE HOW BUSINESS SHOULD DEMONSTRATE COMPLIANCE. NO MANDATORY PLAN. NOT MANDATED FORMAT. NO WHS INTEGRATION.
This left businesses guessing, and left large gaps in prevention.
A WRITTEN PLAN BECOMES LAW
Queensland became the first state to take the Respect@Work recommendations and embed them directly into WHS legislation, transforming sexual harassment from an HR compliance issue into a core safety obligation.
On 1 March 2025, the Sexual Harassment Amendment Regulation commenced, inserting Section 55H: Duty to prepare a prevention plan into Part 3.2 (Psychosocial Risks) of the WHS Regulation 2011.
Under s55H, a PCBU must prepare a written, accessible, implemented Sexual Harassment Prevention Plan if a risk is identified.
This moved sexual harassment firmly into the category of foreseeable WHS harm requiring documented prevention just like any other safety hazard.
The plan must be:
written and accessible
based on identifiable risks
developed through consultation
implemented in practice
communicated to workers
reviewed after incidents or at least every 3 years
For most workplaces, this changed the baseline of what "safe work" means.
WHAT IS PCBU?
A PCBU ("person conducting a business or undertaking") includes:
companies
sole traders
partnerships
government/public authorities
not-for-profits
volunteer organisations with paid workers
PCBUs, not individual workers or officers, hold the primary duty of care for health & safety, including psychosocial risks such as sexual harassment.
WHO DOES THIS APPLY TO?
Applies to all Queensland PCBUs with:
employees
labour-hire
contractors
apprentices/trainees
volunteers
hybrid and remote workers
if risk is identified.
And according to WorkSafe Queensland, risk is present in nearly every workplace due to:
customer or client interactions
power dynamics and hierarchy
hybrid or isolated work
digital communication channels
interpersonal interactions
WHY SO MANY BUSINESSES MISSED IT
TRIGGER: "IF A RISK IS IDENTIFIED"
But WHSQ states risk exists in “almost every workplace.”
SITS UNDER WHS, NOT HR
Inspectors can require:
the risk assessment
the s55H plan
consultation evidence
review records
POLICIES ARE NOT PLANS
Policy = expectations.
Plan = risks + controls + consultation + processes + reviews.
CAN EMPLOYERS WAIT UNTIL THEY IDENTIFY A RISK
This is the question many employers are asking.
LEGALLY
Section 55H requires a plan only once a risk is identified.
PRACTICALLY
No, employers cannot wait, because:
Risk exists in almost all workplaces (WHSQ)
A PCBU must conduct a risk assessment
A credible assessment will almost always identify risk
No reports does not equal no risk (underreporting is common)
Inspectors may request the plan at any time
Regulator-aligned position:
WHILE THE WRITTEN PLAN IS LEGALLY TRIGGERED BY RISK IDENTIFICATION, WHSQ CONSIDERS RISK PRESENT IN NEARLY ALL WORKPLACES. IN PRACTIVE, ALMOST EVERY QLD PCBU SHOULD ALREADY HAVE A PREVENTION PLAN.
WHAT THE SEXUAL HARASSMENT PREVENTION PLAN MUST INCLUDE
The written plan must include:
Identified risks (via psychosocial risk assessment)
Control measures tailored to:
the nature of work
the work environment
characteristics of the workforce
Consultation with workers/HSRs
Reporting procedures, including:
how to make a report
investigation processes
representation rights
outcome notifications
WHS issue resolution mechanisms
Implementation & worker awareness
Review processes after incidents or every 3 years
Many workplaces have already had issues arise in 2025, triggering a mandatory review.
WHAT THE PLAN IS - AND IS NOT
WHAT IT IS
A specific WHS prevention plan required under s55H
Focused exclusively on sexual, sex-based and gender-based harassment
A structured document covering risks, controls, consultation, awareness and review
A “living document” inspectors may request
WHAT IT IS NOT
A general psychosocial plan
A Sexual Harassment Policy
A federal positive duty plan
A wellbeing, culture, or HR document
Automatically covered by WHS systems
COMMON GAPS HEADING INTO 2026
Plans created early 2025 but never reviewed
Policies incorrectly labelled as “plans”
No documented consultation
Risk assessments stating “no risk”
Hybrid/digital communication risks not assessed
Workers unaware the plan exists
WHERE TO START
Conduct a psychosocial risk assessment
Create an s55H-compliant plan
Consult workers/HSRs
Train leaders
Communicate the plan
Review as required
If you need a compliant template, a review, or a risk assessment tool tailored to your industry, please contact us: hello@ahumanedge.com
This article provides general information only, not legal advice.