Fiveby5, Author at Rin Kim Law

Sexual harassment and sex or gender-based harassment can be a one-off incident or repeated behaviour (contrast to non-sexual and non-gender based bullying and harassment, where there must be repeated bullying conduct representing a pattern of behaviour), and can be overt/ direct or subtle/ indirect. Certain behaviours, such as sexual assault, may constitute criminal offences.

As a result of recent legislative amendments to the Work Health and Safety Regulation 2011 (Qld), made by the Work Health and Safety (Sexual Harassment) Amendment Regulation 2024 (Qld), Queensland employers must proactively manage the risk of workplace sexual and sex or gender-based harassment in the immediate future.

The Amendments

Amendments to the Work Health and Safety Regulation 2011 expand on the existing psychosocial risk provisions in the Work Health and Safety Act 2011 (Qld), by requiring employers to specifically and proactively manage the sexual and sex or gender-based harassment risks in the workplace/ whilst at work.

Employers can manage address these risks by identifying the applicable hazards and attendant risks, implementing control measures in accordance with the usual hierarchy of controls (eliminate, substitute, isolate, reduce risk, reduce exposure, training), reviewing existing and newly implemented control measures and implementing a prevention plan.

The Importance of the Amendments

The Regulation amendments require Queensland employers to proactively manage the risk of workplace sexual sex or gender-based harassment.

The change is important as the community is increasingly aware and recognizing the unacceptable widespread occurrence of sexual and sex or gender-based harassment in Queensland workplaces. The proactivity requirements reflect the relevant research results that most victims never report their harassment, fearing potential consequences to their reputation, career prospects and relationships, especially in workplaces with a high degree of power imbalance or gender inequality. Without the positive obligations imposed by the amendments, perpetrators in a passive or reactive workplace will potentially never be called to account, thereby harming more people as a result (with the resulting harm rippling out through the victim’s family and personal networks).

What constitutes sexual harassment and sex or gender-based harassment?

Sexual harassment and sex or gender-based harassment can be a one-off incident or repeated behaviour (contrast to non-sexual, sex or gender based bullying and harassment, where there must be repeated bullying conduct representing a pattern of behaviour), and can be overt/ direct or subtle/ indirect. Certain behaviours, such as sexual assault, may constitute criminal offences.

Examples of these behaviour constituting the categories of harassment covered by the amendments include:

actual or attempted rape or sexual assault (with or without aggravation);
physical assault, abuse or threats targeted at an individual because of their sex, gender or sexuality;
inappropriate physical contact, including unwelcome touching, hugging, kissing or “cornering” in an attempt to prevent the person from avoiding unwanted conduct;
being followed, either in person or via technology; • sexual and lewd gestures or indecent exposure;
sexualised comments about a person’s appearance or clothing;
derogatory, offensive or demeaning comments about a person because of their sex, sexuality or gender;
comments, insults or jokes of a sexually suggestive or explicit nature, or which are sexist or derogatory or demeaning of a person’s gender;
inappropriate staring, leering or invasion of personal space that makes a person feel uncomfortable;
deliberately misgendering someone, including deliberate use of incorrect pronouns to belittle them;
intrusive questions or comments about a person’s private life (e.g. relationship status), physical appearance, bodily functions (e.g. menstruation or anatomy) or gender identification/ pronouns;
sharing or threatening to share an intimate image or video without a person’s consent (note this conduct may also constitute a criminal offence under other Queensland and Commonwealth laws);
spreading sexual rumours about a person;
sexually explicit gifts, images, videos, cartoons, drawings, photographs or jokes;
repeated or inappropriate invitations to go out on dates, sexual or relationship advances, and requests or pressure for sex, intimacy or other sexual acts;
comments about a person’s sexual performance or appearance (e.g. rating people on their sexual desirability); and
gendered double-standards or different repercussions for the same actions of another gender.

What actions should an employer positively take in response to these proactive obligations?

It is recommended that employers:

Take reasonable and prudent steps to learn about and appreciate the nature, drivers and impacts of harassment in the workplace, and how to identify the risk of sexual and sex or gender-based harassment occurring in their workplaces and work-related activities and events;
Carefully consider worker, workplace and/ or work environmental characteristics that may increase the risk of harassment (e.g. obvious structural power imbalances, gender and diversity imbalances, data/ studies published about their industry etc);

Recognise that:

harassment in all its forms (especially sexual, sex or gender-based harassment, which only requires one instance rather than repeated conduct or instances) is both a human resources and safety issue; and
appropriate harassment safeguards require collaboration between management, human resources, health and safety personnel and the workforce at large, and a “systems thinking” approach to identify and address relevant matters appropriately and in a timely fashion;
Provide its workplace leaders, human resources and health and safety staff (if it has such dedicated roles) with appropriate and adequate training in relation to sexual and sex or gender-based harassment (for example, through the training services of the Queensland Human Rights Commission) so they have the skills and confidence to appropriately respond is circumstances where sexual or sex or gender-based harassment is reported or identified;
Prepare a Prevention Plan to manage identified risks to the health or safety of workers, or other persons, from sexual harassment and sex or gender-based harassment at work prior to the commencement date of the Regulation amendments; and
Keep an eye out for further guidance and information/ material emanating from WorkSafe Queensland/ Office of Industrial Relations prior to commencement of the Regulation amendments and from time to time thereafter (including a “promised” template prevention plan).

When do Queensland employers need to have their Prevention Plan in place?

From March 2025, Queensland employers must prepare and have in place a Prevention Plan to manage any identified risk to the health or safety of workers, or other persons in the workplace, from sexual and sex or gender-based harassment.

Currently available resources

The following represents necessary and useful resources for employers to appreciate their applicable work health and safety obligations and how to address those obligations in a compliant manner:

Managing the risk of psychosocial hazards at work Code of Practice 2022;
The Sexual harassment and sex or gender-based harassment fact sheet.
The Work Health and Safety (Sexual Harassment) Amendment Regulation 2024,

WorkSafe Queensland’s online explanations and resources at:

Australian Human Rights Commission/ Respect@Work’s online suite of resources