• Be in writing.
• Indicate each risk identified.
• Identify control measures to manage each risk.
• Identify relevant individual (age, gender, disability) and workplace characteristics considered by the PCBU to determine control measures, for example:
  ◦ in a particular workplace, the gender of a younger worker may be a relevant issue if the majority of other workers are all of different genders and the same age as each other
  ◦ a workplace being a hotel may be a relevant issue if hotel guests may be affected by drugs or alcohol.
• Describe the consultation process undertaken.
• Establish the procedure for handling complaints, including:
  ◦ how to make a report
  ◦ how is that will be investigated
  ◦ that the complainant can have a representative
  ◦ that the person who made the report and other parties are informed of the outcome of the investigation
  ◦ the complainant can use the problem resolution and dispute resolution process under the WHS Act.
• Be presented and expressed in a manner that is easily accessible and understandable by workers.

PCBUs must ensure that the prevention plan is accessible

In addition, the PCBU must take reasonable steps to ensure that workers are informed of the prevention plan and how to access it, and revise the plan as soon as possible if:

• A report of sexual harassment or sexual or gender-based harassment is made.
• A health and safety committee or a worker’s health and safety representative requests a review of the plan.
• Otherwise, review the plan every three years.

Failure to have a plan or to review it could subject the employer to a fine of 60 penalty units (currently $9,679) for each failure.

There is a real focus on positively eliminating sexual harassment, which is likely to lead to an increase in complaints to Fair Work, Human Rights Commissions and the Federal Court, as well as a usual increase in regulatory measures.

Following positive amendments to the Sex Discrimination Act 1984 (Cth), workplace health and safety regulators in all states are paying greater attention to ensuring businesses meet their obligations. Ignoring these obligations or thinking it won’t affect your business is costly to employers and society as a whole through an increase in workers’ compensation claims and mental health treatment.

What are the risks in the event of non-compliance?

If your business is the subject of an employee complaint or investigation by the regulator or the Australian/Queensland Human Rights Commission, non-compliance with the positive and the obligation to have a sexual harassment prevention plan will work against the company. This would likely result in higher penalties if such actions and omissions were proven in court. The Work Health and Safety Regulator can also issue on-the-spot fines (Infringement Notices), Improvement Notices and Prohibition Notices (amongst others) for failure to comply with the occupational health and safety obligations under law or Regulations.