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Legal Alert: PCBUs Now Required to Implement Sexual Harassment Prevention Plan
Author:
John Davies
2 min read
Key Takeaways
- New Legal Requirement: Starting from 1 March 2025, all Persons Conducting a Business or Undertaking (PCBU) in Queensland must create and implement a Sexual Harassment Prevention Plan to address risks related to sexual harassment and sex/gender-based harassment in the workplace.
- Consultation and Accessibility: PCBUs are required to consult with employees on the plan, ensure it is written clearly, and accessible. The plan must identify risks, control measures, and include procedures for managing harassment reports.
- Penalties for Non-Compliance: Failure to comply with the requirements, such as preparing, implementing, and reviewing the Prevention Plan, can result in fines of up to $9,678 for businesses.
From 1 March 2025, Persons Conducting a Business or Undertaking (PCBU) must prepare and implement a Prevention Plan to manage the risk of sexual harassment and sex or gender-based harassment in the workplace, as mandated by section 5 of the Work Health and Safety Act 2011 (Qld).
Before putting a Prevention Plan in place, the PCBU are required to consult with their employees on its terms and process, ensuring compliance with the consultation se out in the Act.
The Prevention Plan must:
- be in writing;
- state each identified risk;
- identify control measures implemented to manage identified risks;
- identify considerations required to be made in determining control measures (for example specific vulnerabilities such as age or LGBTQIA+ status of workers, and the workplace environment);
- describe the consultation process undertaken when devising the Prevention Plan;
- develop procedures for managing reports of sexual harassment or sex or gender-based harassment; and
- be set out and expressed in a way that is readily accessible and understandable to workers.
The PCBU must:
- take reasonable steps to make workers aware of the Prevention Plan and how to access it; and
- review the Prevention Plan in the event of:
- a report of sexual harassment or sex or gender-based harassment; or
- a request from a health and safety committee or representative; or
- at least once every three years.
A fine of up to 60 penalty points, currently equivalent to $9,678, may be imposed on non-compliant PCBUs for failure to:
- prepare a Prevention Plan;
- implement the Prevention Plan;
- make workers aware of the Prevention Plan; or
- review the Prevention Plan when required.
Queensland businesses should promptly begin the consultation process and prepare a prevention plan if they have not already.
Workplace Health and Safety Queensland has published useful resources including a guide, template, and example Prevention Plan on its website, which you can access here. Care should be taken when using a precedent plan, as it may not be sufficiently tailored to your business.
For further guidance on your obligations regarding the Prevention Plan or other employment law matters, please contact John Davies or Robert Lamb on 07 3220 1144.
The information in this blog is intended only to provide a general overview and has not been prepared with a view to any particular situation or set of circumstances. It is not intended to be comprehensive nor does it constitute legal advice. While we attempt to ensure the information is current and accurate we do not guarantee its currency and accuracy. You should seek legal or other professional advice before acting or relying on any of the information in this blog as it may not be appropriate for your individual circumstances.
