It is now one year on from the introduction on the 1st of March 2025 of the Queensland legislative requirement for workplaces to have a Sexual Harassment Prevention Plan under the Section 55H amendments to the Work Health and Safety (WHS) Regulation 2011 (Qld). This change was part of a broader shift in the state’s WHS laws, requiring employers and other persons conducting a business or undertaking (PCBUs) to proactively manage and prevent sexual harassment and sex or gender-based harassment at work, not merely respond after an incident has occurred.

As part of QRMC’s auditing activities, the lack of a written, communicated and implemented Sexual Harassment Prevention Plan is something that has come up as a regular finding. Given that the March 2025 timeline was for the Plan to be in place, it is concerning that one year on, organisations are still not meeting their legislative compliance requirements in this space.

What the Law Requires

Under Section 55H of the WHS Regulation, a PCBU must prepare and implement a written Prevention Plan addressing risks of sexual harassment or sex or gender-based harassment in the workplace. The Plan must:

  • State each identified risk of sexual or gender-based harassment.
  • Describe the control measures implemented (or to be implemented) to minimise or eliminate these risks.
  • Explain the matters considered in deciding control measures, such as workplace culture, diversity, and other relevant factors.
  • Outline consultation with workers in developing the Plan.
  • Set out procedures for reporting, investigating and resolving complaints, including how workers can make a report and how investigations are handled.
  • Be readily accessible and understandable to all workers.

PCBUs must also take reasonable steps to ensure workers know about the Plan, and it must be reviewed regularly, including after a complaint, or when requested by health and safety representatives or committees, or at least every three years.

Why It Matters

Rather than relying solely on reactive responses or on federal anti-discrimination law, Queensland’s legislated WHS framework now firmly embeds sexual harassment risk management into everyday safety practices. Employers are required to treat sexual harassment risks with the same structured risk management approach used for physical safety risks, ensuring they have clear, documented work processes for identification, response and management, and that workers are informed and protected.

Compliance and Consequences

Failure to prepare, implement or review a compliant Prevention Plan can result in significant penalties under the WHS laws, including fines for each breach. WorkSafe inspectors are actively enforcing the new rules, and businesses without a written Plan can face on-the-spot fines and other regulatory action.

In summary, Queensland’s legislative requirement for Sexual Harassment Prevention Plans represents a proactive, structured and enforceable approach to preventing sexual and gender-based harassment at work, strengthening protections for employees and clarifying employer obligations under WHS law. If your organisation hasn’t implemented their written Plan yet, QRMC can assist in this area to ensure you meet your legislative compliance requirements. Please contact us for more information or assistance.