07 December 2025
4 min read
#Workplace Relations & Safety, #Queensland Government
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Earlier this year, amendments to the Work Health and Safety Regulation 2011 (Qld) (WHS Regulation) placed a clear spotlight on psychosocial hazards in the workplace. These changes require all persons conducting a business or undertaking (PCBUs) to develop and implement a prevention plan to address a significant and well-known psychosocial hazard, being sexual harassment and sex or gender-based harassment in the workplace.
Many PCBUs were caught off guard by this change and have not yet put a prevention plan in place. Others have assumed that their existing workplace discrimination and harassment policy is sufficient, and therefore have not taken further action. As a result, a large number of PCBUs have significant gaps when it comes to risk management and compliance, and some may even be in breach of the WHS Regulation, exposing themselves to penalties.
Having a prevention plan is not optional for PCBUs – it is a mandatory requirement. While existing policies and procedures may contribute to a PCBU’s control measures in a prevention plan, they cannot replace the need for a comprehensive plan that meets the specific requirements of the WHS Regulation.
What does this mean in practice? PCBUs cannot rely on a ‘one size fits all’ approach to managing the risks of sexual harassment and sex or gender-based harassment in the workplace. Simply having a broad policy with aspirational statements is inadequate to meet a PCBU’s WHS obligations, or their positive duties under state and federal anti-discrimination laws.
To comply with the WHS Regulation, PCBUs must take an active and collaborative approach when developing a prevention plan. This begins with genuine consultation. Workers and any other shared duty holders should be involved in the process, and the final prevention plan must clearly document how the consultation occurred. Meaningful engagement not only helps satisfy regulatory requirements but also ensures the plan reflects the realities of the workplace.
A compliant prevention plan must also be grounded in a careful assessment of the workforce, the workplace, and the broader work environment. Where a PCBU operates across multiple sites, each workplace must be considered individually. The risks present in a corporate head office, for example, will differ markedly from those in a manufacturing facility. A single, blanket approach is therefore insufficient – the plan must address the distinct characteristics and risks of every environment in which the PCBU operates.
Reviewing historical data and past incident reports is another essential step. These records provide critical insight into known hazards, helping to ensure that patterns of behaviour or previously identified risks are not inadvertently overlooked. A prevention plan should be informed by both past experience and forward-looking risk assessment.
Crucially, the prevention plan must be documented in writing, drafted in clear, accessible language, and made readily available to workers. Workers should know exactly where to find the plan and how to use it.
The plan must also record each identified risk and the control measures in place or to be implemented to manage each risk. When assessing risks, PCBUs should also consider how hazards may interact. A single risk may appear manageable in isolation, but when combined with another hazard, it may create a higher risk profile requiring additional or alternative controls.
When developing suitable control measures, PCBUs should carefully consider their existing systems. They should evaluate whether their current harassment policy clearly communicates expected workplace behaviour, and whether workers receive regular, meaningful training on harassment. PCBUs should also consider how modern work practices, such as working from home, affect risk and control measures. After-hours access to the workplace, the presence of power imbalances, and interactions with third parties, such as contractors, all present factors that may require targeted controls.
To remain effective, the prevention plan must include a mechanism for the regular review of all controls. These reviews should occur proactively, not only after a complaint or incident. The plan should also outline clear procedures for responding to reports of sexual harassment or sex or gender-based harassment, ensuring that workers understand what will happen if they speak up.
PCBUs must ensure the prevention plan as a whole is reviewed as soon as practicable after any report of workplace harassment, or when requested by a WHS representative or committee. At a minimum, the plan must be reviewed every three years, although more frequent reviews are considered best practice and are far more effective in maintaining a safe and compliant workplace.
For PCBUs that have not yet implemented a prevention plan, this should be treated as an immediate priority. Those with an existing plan may use the guidance above to strengthen their plan to more effectively manage the risks of sexual harassment and sex or gender-based harassment in the workplace.
If you have any questions about the WHS Regulation or need assistance with reviewing or developing an effective prevention plan, please contact us here.
Disclaimer
The information in this article is of a general nature and is not intended to address the circumstances of any particular individual or entity. Although we endeavour to provide accurate and timely information, we do not guarantee that the information in this article is accurate at the date it is received or that it will continue to be accurate in the future.
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