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Workplace sexual harassment investigations
Australian employers must take reasonable and proportionate measures to prevent workplace sexual harassment (the positive duty under the Sex Discrimination Act), and in Queensland must have a procedure for how reports will be investigated where a prevention plan is required. When a report is made, BION Partners provides an independent, sensitive and procedurally fair investigation, with experienced female investigators available where that is more appropriate.
What are employers required to do about sexual harassment?
Several overlapping obligations apply:
| Obligation | What it means for employers |
|---|---|
| Positive duty, Sex Discrimination Act 1984 (Cth) s 47C | Since December 2022, employers and persons conducting a business or undertaking must take reasonable and proportionate measures to eliminate, as far as possible, sexual harassment and other relevant unlawful conduct. It applies regardless of business size. The Australian Human Rights Commission has had powers to enforce the duty since 12 December 2023. |
| Fair Work Act 2009 (Cth), Part 3-5A | From 6 March 2023, sexual harassment in connection with work is prohibited under the Fair Work Act (s 527D), and the Fair Work Commission can deal with sexual harassment disputes. |
| Work Health and Safety Regulation 2011 (Qld) | Persons conducting a business or undertaking must manage the risk of sexual harassment and sex or gender-based harassment. From 1 March 2025, where a risk has been identified, they must prepare and implement a written prevention plan, including a procedure for how reports will be investigated. |
More detail: the positive duty explained and Queensland prevention plans.
Why use an independent investigator for sexual harassment?
- Sensitivity. Complainants and witnesses may be more willing to speak to someone outside the organisation. BION Partners has experienced female investigators on the team, valuable where a female investigator is considered more appropriate.
- Independence. Allegations often involve managers or senior people. An external investigator removes actual or perceived bias.
- Fairness to everyone. The respondent is entitled to know the allegations and respond. Getting that balance right protects all parties and the integrity of the findings.
- Evidence for the positive duty. How you respond to reports is part of the AHRC’s “reporting and response” standard. A documented, fair investigation shows your measures work in practice.
How do we investigate a sexual harassment complaint?
We help you assess the report and any immediate safety steps, formulate allegations, and agree terms of reference. We interview the complainant, respondent and witnesses, giving each a fair hearing, and gather relevant documents and messages. We weigh the evidence on the balance of probabilities, taking account of the seriousness of the allegations, and report on whether each allegation is substantiated.
Interviews are one-on-one and conducted in person or by video call. Translation services can be provided on request, and confidentiality is maintained throughout.
What if the conduct may be criminal?
Some allegations, such as sexual assault, may also be crimes. A workplace investigation is not a police investigation, and the person affected may choose to report to police. Employers should seek legal advice about how a workplace investigation and any police matter interact before starting.
Beyond the investigation: prevention
The positive duty is about prevention, not just response. Our BION Audit reviews how your organisation receives, investigates and resolves complaints, and our culture and HR work includes training for managers and HR teams on complaint best practice.
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.
Frequently asked questions
Does the positive duty apply to small businesses?
Yes. The Australian Human Rights Commission says all organisations and businesses with obligations under the Sex Discrimination Act must meet the positive duty regardless of their size or resources. What is reasonable and proportionate depends on factors including the size, nature and circumstances of the business and its resources.
Can we request a female investigator?
Yes. BION Partners has experienced female investigators on the team for circumstances where a female investigator is considered more appropriate.
Should we wait for a formal complaint before acting?
No. The positive duty requires proactive steps. If you become aware of possible sexual harassment, take advice on immediate safety measures and whether an investigation is needed, even without a formal written complaint.
Sources
- Australian Human Rights Commission: The positive duty under the Sex Discrimination Act
- Australian Human Rights Commission: Guidelines for complying with the positive duty
- Fair Work Commission: Sexual harassment disputes benchbook
- WorkSafe Queensland: Sexual harassment and sex or gender-based harassment
- Work Health and Safety (Sexual Harassment) Amendment Regulation 2024 (Qld)
Checked 22 October 2026. Laws and guidance change; check the source before relying on it.