Prevention plan: managing the risk of sexual harassment and sex or gender-based harassment at work

The opening statement in the Fair Work Ombudsman’s media release was:

“Sexual harassment in Australian workplaces affects people across all industries, at all levels and in all locations. Every person has the right to a workplace that is safe and free from sexual harassment”. 

This statement sets the tone for the introduced legislation from 1 March whereby people conducting a business or undertaking (PCBU) are legally required to implement a prevention plan under the work, health and safety legislation to prevent the risk of sexual harassment and sex or gender-based harassment at work. 

Discrimination and sex discrimination, harassment and sexual harassment, victimisation and related behaviours are covered in the following workplace legislation:

• Sex Discrimination Act 1984 (Cth) 
• Anti-Discrimination and Human Rights Legislation Amendment (Respect at Work) Act 2022 
• Work Health and Safety Act 2011 
• Australian Human Rights Commission Act 1986 
• Workplace Gender Equality Act 2012 
• Fair Work Act 2009 
• Disability Discrimination Act 1992 
• Age Discrimination Act 2004 
• Racial Discrimination Act 1975.

The Workplace Relations Team has written several articles on this topic which are linked below:

When a complaint was made prior to the legislation change, a business would investigate and follow their internal complaints process with the understanding the incident had already occurred. With this legislation change, businesses are required to be proactive with the aim of preventing an incident from occurring.
Here are the steps we are recommending you take.

1. Promptly review your policies to ensure your practice position meets the change in legislation.
2. Conduct a workplace risk assessment. 
3. Develop and implement a prevention plan in consultation with employees.
4. Ensure annual sexual harassment training is up to date and ensure all workers understand the prevention plan and policies which prohibit sexual harassment and sex or gender-based harassment at work.
5. Develop a process that will trigger a review of the plan after a report of harassment and after every three years

Failure to implement a plan leaves the practice open to legal and financial consequences but more importantly, puts employees at risk. 

For further information regarding this article, contact the Workplace Relations Team on 07 3872 2264 or through email support at workplacerelations@amaq.com.au.