On 5 March 2025, the Minister for Employment and Workplace Relations approved the Work Health and Safety (Sexual and Gender-Based Harassment) Code of Practice 2025 under the Work Health and Safety Act 2011 (Cth). The Code commenced on 8 March 2025 in the Commonwealth (Comcare) jurisdiction and provides practical guidance for persons conducting a business or undertaking (PCBUs) on how to identify, assess and control the risks of sexual and gender-based harassment at work.

The Code implements Recommendation 35 of the 2020 Respect@Work report, which recommended developing a Code of Practice on sexual harassment within the WHS framework.

What the Code covers

The Code addresses a range of harassment and behaviours based on gender that create a risk of harm at work. These include sexual harassment, sex-based or gender-based harassment and discrimination, hostile working environments on the grounds of sex, and gendered violence.

Sexual and gender-based harassment can be a one-off incident or repeated behaviour. The most serious acts, such as sexual assault, may amount to criminal offences. Both overt forms such as unwelcome physical contact and more subtle forms such as sexist remarks, crude language and a workplace culture that is degrading or intimidating are covered. The Code recognises that harm extends beyond the person directly targeted to anyone witnessing the behaviour.

The Code requires PCBUs to take a proactive, consultative and preventative approach. This applies whether the harassment comes from colleagues, customers or the public, and whether it occurs in person or online. The inclusion of technology-facilitated harassment reflects minor additions the Commonwealth Code makes to the Safe Work Australia model Code published in December 2023, incorporating recent research on workplace technology-facilitated sexual harassment.

Relationship to the managing psychosocial hazards Code of Practice

The Code must be read and applied alongside the Work Health and Safety (Managing Psychosocial Hazards at Work) Code of Practice 2024, which took effect in the Commonwealth jurisdiction in October 2024.

Sexual and gender-based harassment is a psychosocial hazard. It often occurs in conjunction with other psychosocial hazards, and PCBUs must consider the interaction between these hazards when managing risks to the health and safety of workers and others. For example, exposure to other psychosocial hazards such as high workload, violence and aggression, poor organisational justice, poor support, remote or isolated work and bullying may increase the risk or potential severity of sexual and gender-based harassment.

Some workers face higher risk due to personal attributes such as gender, age, or previous exposure to harassment or other psychosocial hazards. The Code emphasises the intersectional nature of harassment and the need for PCBUs to consider these factors when identifying and assessing risks.

Practical obligations

The Code requires PCBUs to apply the same four-step risk management process used for all psychosocial hazards.

Identify where, when and how sexual and gender-based harassment could occur. Identification methods include consulting workers, reviewing incident data and complaints, analysing workforce composition and work arrangements, examining workplace culture, and considering the nature of interactions with customers, clients or the public. PCBUs must consult workers and health and safety representatives at each step of this process.

Assess the risks by considering the nature of the harm the hazard could cause, how serious the harm could be, and the likelihood of it occurring. The assessment must account for the duration and frequency of exposure, the severity of the harassment, and how sexual and gender-based harassment may interact with other psychosocial hazards or other forms of harassment or discrimination.

Control the risks by implementing control measures that eliminate risks so far as is reasonably practicable, or where elimination is not reasonably practicable, minimise them so far as is reasonably practicable. The Code specifies that control measures should address work design, systems of work, the physical workplace environment, and workplace interactions and behaviours. Training and policies alone are not effective or reliable controls. Control measures should be tailored to the organisation's size, type, work activities, location and workforce.

Review control measures to ensure they remain effective. The Code states that control measures are not a set-and-forget exercise. Reviews should occur when changes at the workplace give rise to new or different risks, when new information becomes available, when an incident occurs, or when a health and safety representative requests a review.

Reporting and handling procedures

The Code provides guidance on establishing processes for workers to report sexual and gender-based harassment. PCBUs should ensure that reporting mechanisms are accessible, that workers understand how to use them, and that reports are responded to in a timely manner.

Internal WHS investigations should be conducted to identify risks and to determine whether more effective control measures are available. The Code notes that investigations should not be limited to circumstances where formal complaints have been made. Investigations should be fair, transparent and timely, and the sensitive nature of sexual harassment allegations requires considerable care in how they are conducted.

Workers who have been affected may need assistance to access support services. The Code recommends that workers be provided with a range of options and allowed to seek the support that best suits their needs.

Admissibility and state adoption

Codes of Practice are admissible in court proceedings under the WHS Act. A court may rely on the Code as evidence of what is known about a hazard, risk, risk assessment or risk control, and may use it when determining what is reasonably practicable in the circumstances. Commonwealth inspectors may also refer to the Code when issuing improvement or prohibition notices.

The Commonwealth Code is based on the Safe Work Australia model Code of Practice: Sexual and gender-based harassment, published in December 2023. Several states and territories have adopted or are in the process of adopting their own versions. New South Wales approved its own Sexual and Gender-Based Harassment Code of Practice in 2024. South Australia and Tasmania have adopted the model Code without modification. Organisations operating across multiple jurisdictions should check with the relevant WHS regulator in each state or territory to confirm whether this Code of Practice has legal effect in their jurisdiction.

Disclaimer: This article provides general information on psychosocial compliance in Australian workplaces. It does not constitute legal advice. Organisations should consult qualified professionals for advice specific to their circumstances. Regulatory references are sourced from Comcare, Safe Work Australia, and the Federal Register of Legislation and are current as of the date of publication.