The Australian Government has approved a national Work Health and Safety (Sexual and Gender-based Harassment) Code of Practice 2025 which has been implemented in conjunction with the Work Health and Safety (Managing Psychosocial Hazards at Work) Code of Practice 2024 (the Codes).
The Codes reflect the model codes of practice released by Safe Work Australia.
The Codes state that persons conducting a business or undertaking (PCBUs) have a positive duty to prevent sexual harassment and any other form of harassment in the workplace and to take “reasonable and proportionate measures” to eliminate, as far as possible, discrimination, harassment and victimisation in the workplace or in connection to the workplace.
The Codes confirm that "sexual and gender-based harassment" is a type of psychosocial hazard that PCBUs must consider when managing work health and safety (WHS) risks.
The Codes cover:
A majority of the States and Territories have also implemented Codes of Practice in relation to psychosocial hazards and sexual and gender-based harassment.
As the courts may have regard to Codes of Practice when determining whether a PCBU has discharged their WHS duties, employers should update their WHS policies and procedures accordingly.
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