Quick answer: Preventing sexual harassment is a WHS duty, not an optional culture initiative. Employers must identify the risk, change the conditions that create it, and show that they took proactive steps before harm occurred.
Last reviewed: March 2026 by the BlueSafe Technical Team. Reflects current Australian WHS laws and regulations.
Sexual harassment is now part of the mainstream WHS conversation because it creates psychosocial harm and can arise from predictable workplace conditions. That means the legal response must focus on prevention, not just complaints after the fact.
If your workplace has power imbalances, customer-facing roles, lone work, alcohol exposure, or poor supervision, the risk is not abstract. It needs to be assessed and controlled.
What is the WHS duty regarding sexual harassment?
The WHS duty is to ensure, so far as is reasonably practicable, that workers are not exposed to health and safety risks. Psychological harm is part of that duty, and sexual harassment is a known source of psychological harm.
The employer should think in terms of risk factors, not just incidents:
- Who has power over whom
- Whether workers are isolated or alone
- Whether clients, customers, or contractors create exposure
- Whether there are poor reporting pathways
- Whether supervision is weak or inconsistent
If the workplace creates conditions that make harassment more likely, the PCBU must act before a complaint becomes an injury.
What changed in March 2025?
The national Code of Practice on managing the risk of work-related sexual and gender-based harassment made the prevention expectation more explicit.
The practical effect is:
- Businesses are expected to identify harassment risks proactively
- Consultation is part of the prevention process
- Controls must address the work environment and work design
- Training alone is not enough
- Response systems must be credible, accessible, and safe for workers to use
That does not mean every workplace needs the same controls. It means every workplace needs controls that match its risk profile.
How should the risk be assessed?
A sexual harassment risk assessment should ask:
- Where does power imbalance exist?
- Are workers isolated, casual, young, or new to the role?
- Are people working with the public, patients, clients, or customers?
- Is alcohol, social contact, or after-hours work involved?
- Are there clear reporting lines and trusted escalation options?
Risk is often higher where people are alone with others, where there is dependency on a supervisor or client, or where the workplace culture normalises inappropriate behaviour.
What controls work best?
The best controls reduce the chance of harassment at the source.
| Control level | Example for harassment prevention | What it changes |
|---|---|---|
| Elimination | Remove a work arrangement that repeatedly exposes workers to the same high-risk person or setting | Removes exposure |
| Substitution | Replace informal one-on-one interactions with a supervised or documented process | Reduces opportunity |
| Engineering | Improve layout, lighting, visibility, access control, and communication systems | Changes the environment |
| Administrative | Policy, reporting pathways, manager training, complaint handling, supervision standards | Supports the system |
| Supportive measures | EAP, counselling, worker support contacts | Helps recovery, but does not prevent exposure alone |
The key is that the controls should be visible in practice. Workers should be able to see the changed process, not just hear about it in a policy update.
What should the policy include?
An effective sexual harassment policy should cover:
- A plain-language definition of prohibited conduct
- Examples of unacceptable behaviour
- How to report concerns confidentially
- Who will receive and manage complaints
- Timeframes for response and investigation
- Interim safety controls where needed
- Support for the complainant and other affected workers
- Consequences for breaches
The policy should also make clear that retaliation will not be tolerated.
What training is needed?
Training should be targeted to the risk. Managers and supervisors need more than general awareness. They need to know how to:
- Recognise risk factors
- Respond to complaints safely
- Escalate concerns promptly
- Avoid retaliation or minimisation
- Apply the policy consistently
Workers also need to understand what behaviour is unacceptable and how to raise concerns without fear of being ignored.
What happens if the business does nothing?
Failure to act can create WHS, employment, and discrimination risk at the same time.
The possible consequences include:
- WHS notices or prosecutions
- Fair Work or discrimination complaints
- Worker absenteeism, turnover, and reduced performance
- Damage to reputation and client confidence
A business that waits for a formal complaint before doing any assessment is already behind the control curve.
State and territory variations
The information on this page is based on the Model WHS Act and Model WHS Regulations published by Safe Work Australia, adopted with some variations across most jurisdictions.
| Jurisdiction | Regulator | Key notes |
|---|---|---|
| NSW | SafeWork NSW | Sexual and gender-based harassment is treated as a psychosocial hazard under the 2025-26 framework |
| VIC | WorkSafe Victoria | OHS psychological health obligations apply separately |
| QLD | Workplace Health and Safety Queensland | Model psychosocial requirements apply |
| SA | SafeWork SA | Model psychosocial requirements apply |
| WA | WorkSafe Western Australia | Model psychosocial requirements apply |
| TAS | WorkSafe Tasmania | Model psychosocial requirements apply |
| ACT | WorkSafe ACT | Model psychosocial requirements apply |
| NT | NT WorkSafe | Model psychosocial requirements apply |
Always verify current requirements with your state or territory regulator, as local codes of practice and guidance may impose additional obligations.
Related guides
Frequently asked questions
Is preventing sexual harassment a WHS obligation for employers?
Yes. The WHS duty covers psychological harm, and sexual harassment is a predictable source of that harm. Employers must do more than react after a complaint.
What does the 2025 Code of Practice on sexual harassment require?
It requires proactive prevention. That means identifying risk factors, assessing exposure, and implementing controls that change the conditions that allow harassment to happen.
Does this apply to small businesses?
Yes. The duty applies to all PCBUs. The scale of the controls can differ, but the obligation to act does not disappear because the business is small.
What is the 'positive duty' to prevent sexual harassment?
It is the obligation to take proactive, reasonable, and proportionate steps to stop sexual harassment before it occurs. It aligns with the WHS approach of preventing harm rather than only responding to it.
Get the right documents for your business
If you need to show that prevention has moved from policy to practice, you need documented systems that connect leadership, supervision, reporting, and risk controls.