New Regulations Mandate Proactive Measures for Employers.
As of September 2024, Queensland employers will face stringent new requirements under the Work Health and Safety (Sexual Harassment) Amendment Regulation 2024. These regulations represent a significant shift in the approach to managing workplace sexual harassment, moving from reactive responses to proactive prevention strategies.
Key Changes and Requirements
The Honourable Grace Grace, Minister for State Development and Infrastructure, Industrial Relations, and Racing, announced the new regulations, which include the following key mandates for employers:
- Proactive Management of Sexual Harassment Risks:
- Employers must actively identify and manage risks associated with workplace sexual harassment.
- This proactive approach aligns with the 2020 Respect@Work Report’s recommendations.
- Written Sexual Harassment Prevention Plans:
- From early 2025, employers are required to implement comprehensive written plans to prevent sexual harassment.
- These plans must detail identified risks, control measures, and the consultation process involved in their development.
- Clear and Accessible Communication:
- The prevention plans need to be easily understandable and accessible to all workers.
- Plans must include clear information on how complaints can be made, the investigation process, and how outcomes will be communicated to relevant parties.
- Tailored Considerations for Diverse Workplaces:
- Employers must consider individual or workplace characteristics that may increase harassment risks, such as isolated workplaces or those with low diversity.
Extensive Guidance and Support
To assist employers in meeting these new obligations, the Office of Industrial Relations is developing comprehensive guidance materials. These resources will help employers understand and implement the new requirements effectively.
Wide-Ranging Consultations
The development of these regulations involved extensive consultations with various stakeholders, including:
- the Commissioner for Equity and Diversity;
- Queensland Human Rights Commission;
- Queensland Industrial Relations Commission;
- the WHS Board;
- Registered unions and employer organisations;
- The women’s sector and the legal profession.
Statements from Government Officials
Minister Grace Grace emphasised the necessity of these reforms, stating, “Workplace sexual harassment has no place in Queensland. It’s no longer enough for employers to just hope it won’t happen – they need a proactive written plan to prevent it.”
Minister for Women, Shannon Fentiman, also highlighted the importance of these changes, noting, “...nearly every woman has reported experiencing sexual harassment in the workplace at some point in their lifetime…these rules will help ensure employers are doing everything they can to protect workers.”
How Victor Legal Can Help
At Victor Legal, we understand the complexities and challenges that these new regulations may present for employers. Our team of Brisbane employment lawyers are equipped to assist you in developing and implementing effective sexual harassment prevention plans. We offer comprehensive legal services tailored to meet the unique needs of your workplace, ensuring compliance with the latest regulations.
Our services include:
- Risk Assessment and Management: We help identify potential risks and develop strategies to mitigate them.
- Development of Prevention Plans: Our experts will assist in crafting detailed, understandable, and accessible prevention plans.
- Training and Workshops: We provide training sessions to educate your staff on the new requirements and effective harassment prevention strategies.
- Ongoing Support and Consultation: Our team is available for ongoing support to ensure your workplace remains compliant and safe for all employees.
Contact Victor Legal today to learn more about how we can help you navigate these new regulations and create a safer, more respectful workplace environment.
Conclusion
The introduction of these new regulations marks a special moment for workplace safety in Queensland. By mandating proactive measures and clear prevention plans, the government aims to create safer work environments for all employees. Employers are urged to begin preparations now to ensure compliance and to contribute to a culture of safety and respect in the workplace. Victor Legal is here to support you every step of the way.
FAQs
When do the new regulations take effect?
The regulations will begin to take effect from September 2024.
What is required in the sexual harassment prevention plans?
Plans must identify risks, detail control measures, and outline the consultation process. They should also include information on making complaints, investigation processes, and communication of results.
Who was consulted in the development of these regulations?
Consultations included the Commissioner for Equity and Diversity, Queensland Human Rights Commission.
