The Australian Government recently approved and introduced the Work Health and Safety (Sexual and Gender-based Harassment) Code of Practice 2025 (Code) to help persons conducting a business or undertaking (PCBUs) in the Commonwealth jurisdiction prevent and respond to sexual and gender-based harassment. The Code provides PCBUs with detailed practical guidance on proactively preventing, identifying, assessing and responding to sexual and gender-based harassment at work. The Code acts as a model Code and is being adopted by States and Territories across Australia.
The Code has been made under the Work Health and Safety Act 2011 (Cth) (WHS Act) and supplements the Work Health and Safety (Managing Psychosocial Hazards at Work) Code of Practice 2024 introduced in October 2024. It also complements the positive duty under the Sex Discrimination Act 1984 (Cth) to take reasonable and proportionate measures to eliminate workplace sexual harassment. It supports the Australian Human Rights Commission's recommendations to develop guidelines and a code of practice on sexual harassment.
Does my business need to comply with the Code?
All businesses, big or small, need to take steps to ensure their workplace complies with Codes as they provide practical guidance on how to meet obligations arising under work health and safety (WHS) legislation.
The Code has been implemented in:
- New South Wales (NSW Code of Practice)
- The Northern Territory (NT Code of Practice)
- The Australian Capital Territory (ACT Code of Practice)
- Tasmania (TAS Code of Practice)
Tasmania has adopted the Code in full, without modification. New South Wales, the Northern Territory and the Australian Capital Territory have each introduced their own code of practice on sexual harassment and other gender-based misconduct, drawing from the Code.
South Australia, Western Australia, Queensland and Victoria have not yet adopted an approved code of practice on sexual harassment and other gender-based misconduct based on the Code.
However, in jurisdictions where no specific code has been approved by the relevant regulator, guidance may nonetheless be sought from the Code in determining whether a PCBU is meeting its obligations under work health and safety law.
Key aspects of the Code
The Code provides practical guidance on how to achieve the standards of WHS required under the WHS Act and the Work Health and Safety Regulations 2011 (Cth) (WHS Regulations).
The Code applies to the performance of work in all workplaces covered by the WHS Act.
Key aspects of the Code are as follows:
- creating a minimum standard applicable to PCBUs. While compliance with obligations under the WHS Act and the WHS Regulations may be achieved by following another method, the Code provides a minimum standard and any other method followed must be to an equivalent or higher standard of WHS than the Code
- providing guidance for PCBUs on how to satisfy their non-delegable WHS duties, meeting statutory obligations and protecting their workforce, customers or the public from sexual harassment
- recommending PCBUs adopt a risk management process to address, identify and minimise sexual and gender-based harassment
- recognising the leader's central role in creating safe and respectful workplaces and the imperative of consultation, cooperation and coordination.
Risk management process
The Code recommends a four step risk management process:
- Identify hazards: consider when, where and how harassment may arise in your organisation, the potential nature of the harassment, what could cause harm and who is likely to be affected
- Assess risks: understand the nature of the harm the hazard could cause, the potential severity of the harm, the interaction between hazards, hazard frequency and the likelihood of harm occurring
- Control risks: implement the most effective control measures that are reasonably practicable in the circumstances and ensure they remain effective over time. Eliminate risks or minimise risk by assessment and implementation of control measures
- Maintain and review control measures: implementing control measures is not a static exercise and requires regular and proactive responses to change and anticipating known or reasonably foreseeable risks. Control measures should, therefore, be regularly reviewed to ensure they are effective.
The size and nature of a business or undertaking will affect the implementation of risk management processes. For example, larger businesses exposed to greater risks will require more sophisticated risk management and consultation processes to satisfy their WHS obligations.
The Code requires that a PCBU must consult with workers and their health and safety representatives (if any) at each step of the risk management process to comply with the duty to consult contained in section 47 of the WHS Act.
Consultation, cooperation and coordination
The Code recognises that leaders have an important role in creating a safe and respectful workplace that proactively manages the risk of sexual and gender-based harassment. To satisfy WHS duties under the Code, leaders should:
- understand the prevalence, nature, and drivers of sexual and gender-based harassment
- ensure their organisation has effective communication processes to maintain awareness of workplace risks and take proactive steps to address those risks
- review existing consultation arrangements to ensure their appropriateness, especially with workers and health and safety representatives
- maintain up-to-date knowledge of WHS matters
- demonstrate a commitment to preventing harassment through organisational priorities
- take practical steps to ensure that organisational structures do not tolerate workplace sexual and gender-based harassment. Examples include ensuring recruitment and workplace policies value respectful behaviour and diversity, and wellbeing and social activities are inclusive and appropriate
- ensure reports of harassment are transparent, fair and timely. Examples include ensuring reports of harassment and risks are taken seriously with supportive and transparent responses and investigations are considerate of employee emotional safety and wellbeing.
Interaction with managing psychosocial hazards at work
Sexual and gender-based harassment often occurs with other psychosocial hazards, increasing workplace risks. PCBUs are therefore required to consider how these hazards interact when managing risks to the health and safety of workers and others. The WHS (Managing Psychosocial Hazards at Work) Code of Practice regulations align with amendments to WHS Regulations across Australia, which mandate eliminating or minimising psychosocial risks wherever reasonably practicable.
For further information regarding obligations under the WHS (Sexual and Gender-based Harassment) Code of Practice 2025, and the WHS (Managing Psychosocial Hazards at Work) Code of Practice 2024, please contact our experienced workplace relations and safety team.
