Since 1 March 2025, a person conducting a business or undertaking (PCBU) in Queensland must prepare and implement a written prevention plan where a risk of sexual harassment or sex or gender-based harassment has been identified. The plan must set out the risks, the control measures, and a procedure for dealing with reports, including how a report will be investigated. It must be reviewed after a report is made and at least every three years.

Where does the requirement come from?

The Work Health and Safety (Sexual Harassment) Amendment Regulation 2024 amended Queensland’s Work Health and Safety Regulation 2011. It requires PCBUs to manage the risk of sexual harassment and sex or gender-based harassment at work, and adds a duty to prepare a prevention plan (section 55H). The amending regulation commenced in two parts, on 1 September 2024 and 1 March 2025; WorkSafe Queensland states that prevention plans are required from 1 March 2025.

When is a prevention plan required?

WorkSafe Queensland says the obligation to prepare a prevention plan applies where a risk of sexual harassment or sex or gender-based harassment has been identified. Many PCBUs will need a plan; check whether the obligation applies to you.

What must the plan contain?

Under section 55H(2), the plan must be in writing and must:

state each identified risk
identify the control measures implemented, or to be implemented, for those risks
identify the matters considered in deciding the control measures
describe how workers were consulted
set out the procedure for dealing with reports of sexual harassment or sex or gender-based harassment, including how a report can be made, how it will be investigated, representation, how outcomes are communicated, and use of the WHS issue resolution and dispute resolution processes
be readily accessible and understandable to workers.

WorkSafe Queensland stresses that the plan is about proactive efforts to stop harassment; it is not simply a complaints policy.

When must it be reviewed?

The plan must be reviewed as soon as practicable after a report of sexual harassment or sex or gender-based harassment is made, as soon as practicable after a health and safety committee or health and safety representative asks for a review, and otherwise at least every three years. Failing to prepare, implement or review the plan carries a maximum penalty of 60 penalty units.

How should the investigation procedure be written?

Because the plan must describe how reports will be investigated, it is worth deciding in advance:

who triages a report, and how conflicts of interest are handled
when a matter is resolved informally and when it is formally investigated
when an external investigator will be engaged (for example for senior respondents or serious allegations)
how the parties are supported and kept informed, and how outcomes are communicated
how records are kept confidential and secure.

Then make sure what actually happens matches what the plan says. A plan that is not followed can be worse than no plan.

What do the terms mean?

WorkSafe Queensland describes sexual harassment as unwelcome sexual behaviour that a reasonable person could anticipate may make a person feel offended, intimidated or humiliated, and sex or gender-based harassment as harassing a person on the basis of their sex or gender.

Does this apply to mines?

Queensland mines are regulated by Resources Safety and Health Queensland under resources safety legislation. If you operate a mine or quarry, check RSHQ’s requirements rather than assuming the WHS Regulation applies.

How BION Partners can help

The BION Audit reviews how your organisation receives, investigates and resolves complaints, which is a part of the plan that deserves particular care. When a report is made, we provide independent sexual harassment investigations.

General information only. This page explains the law in general terms and is not legal advice. For advice about your situation, speak with a lawyer.

Sources

Checked 22 October 2026. Laws and guidance change; check the source before relying on it.

Queensland sexual harassment prevention plans: what the WHS rules require