New Legislation on Preventing Workplace Harassment: How Bramwell Partners Can Assist with Upcoming Changes

Starting 1 March 2025, new workplace harassment legislation will require businesses to implement Prevention Plans aimed at managing risks of sexual harassment and sex or gender-based harassment. These changes introduce new obligations for employers to proactively address and manage harassment risks within their workplaces. The HR management services team at Bramwell Partners is here to help businesses navigate these new requirements to ensure compliance and continue preventing workplace harassment. Get in touch with us through our online form, or give us a call on (07) 3630 5695.

1. Introduction of the Harassment Prevention Plan Requirement

The key change under the new amendments is the Duty to Prepare a Prevention Plan. Employers must now create a written plan to address and manage identified risks related to sexual harassment or sex or gender-based harassment in the workplace.

What Does the Prevention Plan Need to Include?

The Harassment Prevention Plan must:

• Identify Risks: Clearly outline any risks of harassment present in the workplace.
• Control Measures: Detail the control measures or actions that will be taken to manage those risks.
• Consultation: Explain how the employer consulted with workers and safety representatives in developing the plan.
• Reporting Procedures: Define how reports of harassment will be handled, investigated, and communicated, including how the reporting employee can be represented and informed of the outcome.
• Accessibility: Ensure the plan is accessible and understandable to all employees.

These requirements are designed to ensure businesses take proactive steps in preventing workplace harassment and foster a safer, more inclusive environment.

2. Implementation and Ongoing Responsibilities

Once the Prevention Plan is developed, employers are legally obligated to implement it. Businesses must ensure the plan is actively followed and workers are aware of how to access it.

What Does Implementation Involve?

Employers must:

• Make Employees Aware: Take reasonable steps to ensure all employees know about the Prevention Plan and can easily access it.
• Review the Plan: The Prevention Plan must be reviewed in the following cases:
  • After a report of harassment is made.
  • If a health and safety committee or worker representative requests a review.
  • At least every three years, regardless of incident reports or requests.

These reviews help ensure the plan remains relevant and effective in preventing workplace harassment.

3. Penalties for Non-Compliance

Failure to comply with these new requirements can result in penalties of up to 60 penalty units for each of the following:

• Not preparing or implementing the Prevention Plan.
• Failing to ensure employees are aware of the plan.
• Not reviewing the plan within the required timeframes.

These penalties highlight the importance of timely compliance and the need for businesses to take immediate action.

4. Why These Changes Matter

These workplace harassment legislation changes reflect a growing emphasis on workplace safety and the prevention of harassment. While existing workplace harassment laws have addressed harassment, these amendments take a more proactive approach by requiring businesses to:

• Identify and manage risks before harassment occurs.
• Provide clear procedures for reporting and resolving harassment complaints.
• Promote a respectful workplace culture.

By mandating that businesses prepare and implement Prevention Plans, the legislation aims to ensure a safer, more supportive working environment for everyone – establishing preventing workplace harassment as a forefront focus.

5. How Bramwell Partners Can Help

At Bramwell Partners, we understand the challenges businesses face in complying with new and evolving workplace harassment laws and legislation. Our team of experts is ready to assist you in navigating these changes and ensuring your business is fully compliant with the new requirements.

How We Can Assist:

• Customised Prevention Plans: We can help you create a tailored Harassment Prevention Plan that identifies specific harassment risks in your workplace and outlines the necessary control measures.
• Legal and Compliance Advice: Our team will guide you through the legal aspects of the legislation, ensuring you understand your obligations and responsibilities.
• Consultation and Employee Engagement: We offer expert advice on how to consult with employees and safety representatives to ensure that your Prevention Plan is comprehensive and inclusive.
• Ongoing Support and Reviews: Bramwell Partners can assist with regular reviews of your Prevention Plan to ensure it remains effective and up-to-date, particularly in response to changes in workplace dynamics or after a report of harassment.

We can also assist with training, communication strategies, and any other aspects of workplace culture that will help in preventing workplace harassment and foster a safer environment for all employees.

6. Action Steps for Employers

As these new workplace harassment legislation amendments will take effect on 1 March 2025, businesses should begin taking steps now to prepare:

• Develop or update your Prevention Plan in line with the new requirements.
• Consult with your employees and safety representatives to ensure the plan is comprehensive and addresses your workplace’s unique needs.
• Ensure that the plan is accessible to all workers and that they know how to report harassment.

Bramwell Partners is here to provide the support you need to ensure compliance and to help create a safe and respectful workplace.

Conclusion

The new legislation coming into effect on 1 March 2025 will require employers to prepare and implement a Prevention Plan to manage risks of sexual harassment and sex or gender-based harassment in the workplace. With Bramwell Partners by your side, you can be confident in your ability to navigate these changes, ensure compliance, and create a workplace culture that prioritises safety and respect preventing workplace harassment.

Contact us today to learn how we can help your business meet the new requirements and make your workplace a safer and more inclusive environment for everyone.

Bramwell Partners is Your Trusted Name in Workplace Harassment Legislation Compliance

Our HR workplace compliance team is here to help ensure your business has the formal procedures in place to be compliant with all relevant Australian labour and workplace harassment laws. To connect with a HR consultant from Bramwell Partners regarding general protections applications to the Fair Work Commission, get in touch via the online form or by calling (07) 3630 5695.  Trust Bramwell Partners for all things workplace compliance.