Enhanced obligation on QLD employers to eliminate sex harassment

Queensland Parliament recently passed the State Labor Government’s Respect at Work and Other Matters Amendment Bill 2024 (Qld), which will usher in changes to the Anti-Discrimination Act 1991 (Qld) from 1 July 2025, including a new positive duty on Queensland employers to eliminate all unlawful discrimination, harassment and other objectionable conduct in the workplace.

IMPORTANT NOTE: The implementation of these changes to Queensland’s anti-discrimination protections have been PAUSED indefinitely by the Queensland Government. There is no indication of when these changes will take effect, if at all. Employers remain bound by the federal “positive duty” obligation which was introduced nationally in 2023 (see our related article). Changes to work health and safety laws remain in effect, see below.

In a joint statement published in June by Attorney-General, Yvette D’Arth, and Minister, Shannon Fentiman, the legislation is described as having been designed to “ensure Queensland workers will be safer than ever at work” and will include:

• new prohibitions of harassment on the basis of sex;

• a prohibition on subjecting another person to a work environment that is hostile on the ground of sex; and

• a positive duty on all employers to take reasonable and proportionate measures to eliminate discrimination, sexual harassment and other conduct that is unlawful under the Anti-Discrimination Act 1991 (Qld) (the Act).

The joint statement further explains the changes to the Act “will also ensure that discrimination can no longer occur on the basis of attributes such as someone’s physical appearance, irrelevant medical record, irrelevant criminal record, homelessness or that they have been subject to domestic or family violence”.

The Queensland Human Rights Commission, which will be responsible for producing suitable guidance materials to assist businesses in meeting their obligations under the Act, has described the amendments as “the most significant changes to Queensland’s Anti-Discrimination Act since its introduction over 30 years ago”.

The incoming positive duty on Queensland employers to eliminate all forms of unlawful discrimination in the workplace is similar to, but broader than, the Commonwealth positive duty (which is focussed on eliminating sex-based discrimination and harassment) that came into force in 2023. See our related article. The suggestion has been made that Queensland employers who comply with the more expansive positive duty obligations of the Act from 1 July 2025, will also be meeting their positive duty obligations under the Commonwealth legislation.

Qld WH&S laws strengthened as of September

Separate to the changes discussed above which will come into force from 1 July 2025, the Queensland Government has also passed changes to the Work Health and Safety Regulation 2011, which conveys “a new onus on employers to proactively manage workplace sexual harassment” as of 1 September 2024, while Queensland employers will also be required to “implement a written sexual harassment prevention plan to protect workers” from 1 March 2025.

A July 2024 statement from Minister, Grace Grace, identifies the written plan “must state any identified risks, the control measures being implemented and the consultation undertaken to develop the plan”, whilst also being “easily understood and accessible to workers”. Minister Grace’s statement summarises the necessary content of the plan, which must include information on how people can make a complaint; how the complaint will be investigated; the processes that will be undertaken; and how relevant parties will be informed of results.

The statement also advises that the “Office of Industrial Relations is developing extensive guidance materials to support employers to meet these new obligations”, though there is no timeline on when these resources will be made available.

Worksafe Queensland has updated its information pertaining to prevention of sexual harassment and sex or gender-based harassment as of 1 September 2024, which can be viewed here. As of late-February 2025, available FREE resources include a Guide, Fact Sheet and Prevention Plan Template (as well as completed example).