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Queensland sexual harassment prevention plan checklist

By BION PartnersReviewed General information, not legal advice

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. This checklist follows section 55H of the Work Health and Safety Regulation 2011 (Qld), checked against the current in-force version on 26 October 2026. Use it to check a draft plan or review an existing one.

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General information, not legal advice. Free to use and adapt for your organisation, no sign-up needed. Check it against your own policies, award or enterprise agreement and contracts, and speak with a lawyer about your situation.

1. Does the requirement apply?

  • A risk of sexual harassment or sex or gender-based harassment has been identified at your workplace. WorkSafe Queensland says the obligation to prepare a prevention plan applies where a risk has been identified.
  • Checked which regulator covers you. Queensland mines and quarries are regulated by Resources Safety and Health Queensland (RSHQ) under resources safety legislation; check RSHQ’s requirements rather than assuming the WHS Regulation applies.
  • Noted that the positive duty under the Sex Discrimination Act 1984 (Cth) also applies to employers, alongside the WHS rules.

2. Identify the risks and choose controls

  • Identified the risks, in consultation with workers.
  • When deciding control measures, had regard to all relevant matters (s 55F), including characteristics of workers (such as age, gender, sex, sexual orientation and disability) and of the workplace or work environment (such as a culture where unacceptable behaviour may be tolerated, and a lack of diversity, including in decision-making roles).
  • Reviewed control measures, and revised them as necessary, whenever a person reports sexual harassment or sex or gender-based harassment at work (s 55G).

3. What the plan must contain (s 55H(2))

  • (a) It is in writing.
  • (b) It states each identified risk of sexual harassment or sex or gender-based harassment.
  • (c) It identifies the control measures implemented, or to be implemented, for each risk.
  • (d) It identifies the matters considered in deciding those control measures, including the relevant s 55F(1) matters and any other relevant matter in s 55D(2).
  • (e) It describes the consultation with workers.
  • (f) It sets out the procedure for dealing with reports, including:
    • how a report can be made
    • how the report will be investigated
    • that the person making the report may be represented
    • how the person making the report and other parties will be informed of the outcome
    • that the WHS Act issue resolution and dispute resolution processes are also available.
  • (g) It is set out and expressed in a way that is readily accessible and understandable to workers.

4. Implement it and tell workers

  • The plan is implemented, not just written (s 55H(3)).
  • Reasonable steps taken to make workers aware of the plan and how to access it (s 55H(4)(a)).
  • What actually happens when a report is made matches what the plan says. A plan that is not followed can be worse than no plan.

5. Review triggers (s 55H(4)(b))

  • As soon as practicable after a report of sexual harassment or sex or gender-based harassment at work is made.
  • As soon as practicable after a health and safety committee or a health and safety representative asks for a review.
  • Otherwise, every 3 years. Next review due:

Penalties

Section 55H sets a maximum penalty of 60 penalty units for each of three obligations: preparing the plan (s 55H(1)), implementing it (s 55H(3)), and making workers aware of it and reviewing it (s 55H(4)).

6. Guidance to read alongside the plan

  • WorkSafe Queensland publishes a guide for PCBUs, a prevention plan template, an example of a completed plan and a fact sheet. WorkSafe says the template is not mandatory, and PCBUs can use existing systems that document identified risks and meet the plan requirements.
  • Managing the risk of psychosocial hazards at work Code of Practice 2022, Queensland’s approved code, which lists harassment, including sexual harassment, as a psychosocial hazard. WorkSafe Queensland lists it among seven codes updated from 1 September 2026, so make sure you are reading the current version.
  • Safe Work Australia’s Model Code of Practice: Sexual and gender-based harassment, which WorkSafe Queensland points to for guidance on eliminating or minimising the risk.

7. The investigation procedure: decide 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.
Plan owner and date of last review
Notes

The BION Audit can review how your organisation receives, investigates and resolves complaints, including against a prevention plan. More detail: Queensland prevention plans explained.

Sources

  1. Work Health and Safety Regulation 2011 (Qld), current in-force version
  2. Work Health and Safety (Sexual Harassment) Amendment Regulation 2024 (Qld)
  3. WorkSafe Queensland: Sexual harassment and sex or gender-based harassment
  4. WorkSafe Queensland: Managing the risk of psychosocial hazards at work Code of Practice 2022
  5. WorkSafe Queensland: Codes of practice (updates from 1 September 2026)
  6. Business Queensland / RSHQ: Sexual harassment information for the resources industry
  7. Australian Human Rights Commission: The positive duty under the Sex Discrimination Act

Checked 26 October 2026. Laws and guidance change; check the source before relying on it.

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