An obligation on PCBUs to prepare and implement a prevention plan
Overview of changes to Queensland's WHS Regulation
From 1 March 2025, persons conducting a business or undertaking (PCBU) in Queensland are required to implement proactive measures to prevent workplace discrimination and harassment.
These reforms, which are the most stringent in Australia, mandate businesses to actively work towards eliminating and preventing discrimination, harassment, and other objectionable conduct in the workplace.
Under the amendments to the Work Health and Safety Regulation 2011 (Qld) (introduced by the Work Health and Safety (Sexual Harassment) Amendment Regulation 2024 (Qld)), from 1 March 2025, all PCBUs in Queensland must prepare a prevention plan to manage risks to workers, or other persons at work, relating to sexual harassment or sex or gender-based harassment at work.
Obligation on PCBUs to implement a sexual harassment prevention plan
The prevention plan that a PCBU prepares must:
- be in writing;
- state each identified risk;
- identify the control measures (implemented or to be implemented) to manage each identified risk;
- identify the matters considered by the PCBU in determining the control measures (including those in the WHS Regulation);
- describe the consultation undertaken by the PCBU in accordance with the WHS Act;
- set out the procedure for dealing with reports of sexual harassment or sex or gender-based harassment at work. This procedure is required to include:
- how a person may make a report;
- how a matter will be investigated;
- that a person who made a report may be represented by a representative;
- how the person who made the report and other parties will be informed of the results of the investigation; and
- that the person who made the report may also use the issue resolution procedures and the dispute resolution process in the Work Health and Safety Act 2011 (Qld); and
- be set out in a way that is readily accessible and understandable to workers.
A PCBU is required to prepare and then implement the plan once it is developed. Penalties apply for a failure to do so. A PCBU is also required to take reasonable steps to ensure workers are made aware of the prevention plan and how to access it.
Reviewing and updating the prevention plan
A prevention plan is also required to be reviewed by a PCBU:
- as soon as practicable after a report is made of sexual harassment or gender-based harassment at work;
- if a request is made by a health or safety committee for the workplace or by a worker's health and safety representative; or
- otherwise, every three years.
Again, penalties apply for a failure by a PCBU to conduct a review of the prevention plan in accordance with the WHS Regulation.
Consultation with workers and confidentiality
When consulting with workers, the process should be the same as when managing physical and psychosocial health and safety risks. This includes communicating the plan's purpose, gathering feedback, ensuring confidentiality, and involving all relevant parties.
Workplace Health and Safety Queensland has issued various materials to assist organisations in preparing written prevention plans.
For further assistance in preparing and implementing a prevention plan under the changes to the Queensland WHS Regulation, please contact our experienced workplace relations and safety team.
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