Alert! New Anti-Sexual Harassment Guidance for Employers.

The Work Health and Safety (Sexual and Gender-based Harassment) Code of Practice 2025 (the Code) is a new federal code of practice, that provides a practical guidance to employers to proactively protect their workers against sexual harassment.

The Code is not law but instead can be used in courts as evidence and may be used when courts are deciding what is reasonable in the circumstances.busines The Code gives effect to Recommendation 35 of the Respect @Work: Sexual Harassment National Inquiry Report 2020 to deal with psychological health and is implemented in connection with Work Health and Safety (Managing Psychosocial Hazards at Work) Code of Practice 2024.

Some of the important features of the Code are:

Risk Management process

The employers should follow a 4 step ‘Risk Management process’ to reduce the risk of sexual and gender based harassment:

· Identify hazards

· Assess risks

· Control risks

· Maintain and review control measures

Investigating and responding to reports

Trauma informed approach is when the workplace systems supports workers participation in an investigation.

· For example, the workplace must acknowledge how trauma can impact recollection of events by the worker while describing them to an investigator.

Leadership and culture

Employers should ensure:

· There are effective communication processes in place to maintain awareness of the risks;

· Effective governance arrangements; and

· Harassment reports are taken seriously and immediately respond while keeping in check with the organisational policies.

This article is general in nature and is not legal advice. If you require assistance or training in the Work Health and Safety (Sexual and Gender-based Harassment) Code of Practice 2025, Voice Lawyers can assist you.

You can contact us at office@voicelawyers.com, or give us a call at 02 9261 1954 or use the link on our website to book a consultation to speak with one of our lawyers.