ByLawyers News and Updates

Sexual harassment – QLD

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From 1 March 2025, all businesses with operations in Queensland are required to have a written prevention plan to manage the risks associated with sexual harassment and sex or gendered-based harassment. The requirement arises under the Work Health and Safety Act 2011 (Qld) and the Work Health and Safety Regulation 2011 (Qld).

Any business without such a plan in place or that has not taken reasonable steps to make workers aware of the plan, is in breach of the Regulation and subject to fines of up to $6,000 per offence.

By Lawyers 101 Staff Handbook, part of the popular Practice Management publication, includes a national Discrimination, harassment and bullying policy that is an excellent starting place for QLD firms needing to comply with the legislative requirements.

More detailed state-specific resources are available on the WorkSafe QLD website, including a prevention plan template.

The commentary in the By Lawyers Practice Management publication will assist Queensland practitioners in formulating their management plan and reducing their risk. It includes a detailed discussion about sexual harassment with specific areas of focus for the legal profession and links to relevant cases involving law firms. There is also an outline of the factors that should be considered when implementing firm policies to ensure that they have the desired effect and prevent discriminatory and other unwelcome workplace practices.

Sexual harassment – FED

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New provisions for the prevention of sexual harassment and bullying in the workplace have commenced.

Part 6-4B of the Fair Work Act 2009 (Cth) now provides that workers can apply to the Fair Work Commission for orders to stop sexual harassment as well as workplace bullying. To be eligible to make an application a worker must be employed in a constitutionally-covered business.

There is no time limit for making an application for an order to stop bullying or sexual harassment at work. Section 789FF of the Fair Work Act 2009 provides that for the Fair Work Commission to be able to make an order there needs to be a risk that the applicant will continue to be bullied or sexually harassed at work. If the worker no longer has a connection to the workplace, an order cannot be made as there is no future risk of the relevant behaviour occurring.

‘Sexually harass’, for these purposes, has the same meaning as in s 28A of the Sex Discrimination Act 1984 (Cth).

Examples of sexual harassment include:

  • inappropriate behaviour including staring, leering, loitering or unwelcome touching;
  • suggestive comments, jokes or gestures based on sex or a person’s private life or body;
  • communicating sexually explicit material in person or electronically.

The objectionable conduct must occur at work, which is not defined but is tied to work activities wherever they occur and is not limited to the confines of a physical workplace. It includes entering, moving about and leaving a workplace.

The application needs to be lodged with the Fair Work Commission using the prescribed form: Application for an order to stop bullying or sexual harassment (or both).

The employer needs to respond within 7 days of being served using the prescribed form: Response from an employer or principal to an application for an order to stop bullying or sexual harassment (or both).

The alleged perpetrator will receive a copy of the application and be invited to respond within 7 days using the prescribed form: Response from a person named as having engaged in bullying or sexual harassment (or both).

All the prescribed forms are available in the Workplace bullying and sexual harassment folder on the matter plan in the By Lawyers Employment Law publication. The commentary has also been updated accordingly.

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