Foreword

This Code of Practice on sexual and gender-based harassment is an approved code of practice under section 274 of the Work Health and Safety Act 2011 (Cth) (the WHS Act).

An approved code of practice provides practical guidance on how to achieve the standards of work health and safety (WHS) required under the WHS Act and the Work Health and Safety Regulations 2011 (Cth) (the WHS Regulations), and effective ways to identify and manage risks.

A code of practice can assist anyone who has a duty of care in the circumstances described in the code of practice. Following an approved code of practice will assist the duty holder to achieve compliance with the health and safety duties in the WHS Act and WHS Regulations, in relation to the subject matter of the code of practice. Like regulations, codes of practice deal with particular issues and may not cover all relevant hazards or risks. The health and safety duties require duty holders to consider all risks associated with work, not only those for which regulations and codes of practice exist.

Codes of practice are admissible in court proceedings under the WHS Act and WHS Regulations. Courts may regard a code of practice as evidence of what is known about a hazard, risk, risk assessment or risk control and may rely on the code in determining what is reasonably practicable in the circumstances to which the code of practice relates. For further information see Safe Work Australia’s Interpretive Guideline: The meaning of ‘reasonably practicable’.

Compliance with the WHS Act and WHS Regulations may be achieved by following another method if it provides an equivalent or higher standard of WHS than the code.

An inspector may refer to an approved code of practice when issuing an improvement or prohibition notice.

Scope and application

This Code is intended to be read by a person conducting a business or undertaking (PCBU). It provides practical guidance to PCBUs on how to manage health and safety risks arising from sexual and gender-based harassment at work.

This Code may be a useful reference for other persons interested in the duties under the WHS Act and WHS Regulations.

This Code applies to the performance of work and to all workplaces covered by the WHS Act.

This Code is intended to be read and applied in conjunction with the Work Health and Safety (Managing Psychosocial Hazards at Work) Code of Practice 2024 (Cth). Sexual and gender-based harassment often occurs in conjunction with other psychosocial hazards and as a PCBU you must consider the interaction between these hazards when managing risks to the health and safety of workers and others.

How to use this Code of Practice

This Code includes references to the legal requirements under the WHS Act and WHS Regulations. These are included for convenience only and should not be relied on in place of the full text of the WHS Act or WHS Regulations. The words ‘must’, ‘requires’ or ‘mandatory’ indicate a legal requirement exists and must be complied with.