Businesses under updated WHS laws & Regulations are required to proactively manage the risk of sex or gender-based harassment. Queensland is the only jurisdiction to have these specific provisions in WHS laws.
What’s Changing?
Businesses are no longer able to simply respond to complaints after incidents occur. Instead, they must now adopt a more comprehensive approach focussing on preventing harassment before it happens.
From 1 March 2025, Queensland businesses must prepare and implement a Prevention Plan to manage identified risks to health and safety of workers or other persons from sexual harassment or sex or gender-based harassment.
A Prevention Plan Template has been developed by WorkSafe QLD to assist business, this includes:
- a plan developed in consultation with workers and other parties
- consideration of the characteristics of workers and workplace e.g. lack of diversity or isolated work
- identification and assessment of risk
- control measures (implemented or to be implemented) to manage each identified risk
- details of procedures of dealing with reports of sexual harassment
- training and accessibility for workers
The Prevention Plan must also be reviewed regularly – at least every 3 years or if a harassment report is made or a WHS representative requests a review.
What Should Businesses Do Now?
WorkSafe have developed free materials to help assist businesses, including:
How Can Insurance Help?
While prevention is key, businesses also need to prepare for potential claims, investigations, and legal costs.
D&O (large companies) and Management liability (SMEs) insurance covers directors, officers and senior managers for breaching their duties, including breaches of employment and WHS laws. This insurance pays personal legal defence costs, as well as court-awarded damages.
If you want professional advice about D&O or Management Liability insurance for you or your business, talk to MakSure Risk Advisers today.