In recent months our investigators have been called into two very different workplaces. One was an organisation working with children, responding to allegations under Queensland’s new Reportable Conduct Scheme. The other was a remote FIFO site, where a worker reported sexual violence.
Different industries, different people, different laws. The same lesson. By the time you need an investigator, prevention has already failed.
The numbers haven’t moved
The Australian Human Rights Commission’s national survey found that one in three workers had been sexually harassed at work in the previous five years. That was the finding in 2018. In 2022, it was the same.
- 41% of women and 26% of men had been harassed at work in the past five years
- one in five had been harassed in the past 12 months
- only 18% made a formal report, and 40% of those said nothing changed
- in mining, 62% of women reported harassment
Complaints are rising too. The Commission received a record 759 Sex Discrimination Act complaints last financial year, up 21%. Of the 460 sexual harassment complaints, 95% related to employment.
Years of policies, annual e-learning modules and “zero tolerance” posters have not shifted the rate. That’s why the law has moved from responding to harm to preventing it.
What the law now requires
The positive duty. Since December 2022, employers must take reasonable and proportionate measures to eliminate sexual harassment, sex-based harassment and hostile work environments. The Australian Human Rights Commission has had power to enforce the duty since December 2023, including inquiries, compliance notices and court action.
A written prevention plan in Queensland. Since 1 March 2025, section 55H of Queensland’s Work Health and Safety Regulation requires a written Sexual Harassment Prevention Plan where a risk has been identified. The plan must:
- identify each risk and the control measures for it
- describe how workers were consulted
- set out how reports are made, investigated and resolved, including the right to a representative and how outcomes are communicated
- be accessible and easy to understand
You must implement the plan, make workers aware of it, and review it after any report, on request from a health and safety representative, and at least every three years. Not having one can attract fines.
Psychosocial hazards. Sexual harassment is a psychosocial hazard under Queensland’s Code of Practice, which WorkSafe Queensland updated from 1 September 2026.
Reportable conduct. From 1 July 2026, organisations working with children must notify the Queensland Family and Child Commission within three business days of becoming aware of an allegation, give an interim report within 30 business days, and investigate. In the first two months, there were 666 notifications.
None of these obligations can be met by a policy in a drawer. And none allow a complaint to be swept under the carpet.
The business case for prevention
Compliance is the floor. The stronger argument is cost.
Deloitte Access Economics estimated workplace sexual harassment cost the Australian economy $3.8 billion in 2018, including $2.6 billion in lost productivity. Employers carried 70% of the financial cost through absenteeism, turnover, manager time and lost output.
Then add what doesn’t show up in that figure:
- investigation and legal costs
- workers’ compensation claims for psychological injury
- compensation when a complaint is mishandled. In one recent case, a complainant was awarded the maximum six months’ pay after her employer failed to interview key witnesses and expected her, not the respondent, to move roles
- the good people who quietly leave
- reputation, especially in a small town or a tight industry
Prevention is cheaper than any of these.
What good prevention looks like
Hinchinbrook Shire Council engaged Harrisons to develop a compliant, practical Sexual Harassment Prevention Plan for its workforce of about 200. We started with evidence, not templates:
- a workplace risk assessment and sexual harassment audit
- a confidential online survey and a facilitated focus group
- a review of existing policies against the legislation
- a tailored plan with an implementation roadmap
- communication materials for leaders
- a workshop for executives and leaders on their legal obligations and accountability
As the council’s Executive Manager People, Culture & Safety put it, the process delivered “employee feedback insights and a tailored plan to guide our next steps”.
Douglas Shire Council faced a related problem: aggression and abuse towards frontline staff. An internal working group had already made recommendations. The gap was turning them into action. We built an accountability framework with an owner and due date for every recommendation, a leadership safety commitment and zero tolerance statement, frontline posters and team communications, induction content, and steering committee governance.
In the council’s words: “We had a report and a genuine commitment to act on it. What we didn’t have was the bridge between the two.”
Both cases share three features. They used workers’ voices to find the real risks. They put leaders on the hook. And they built something the organisation now owns and runs.
When prevention fails: investigate well
High-risk settings need extra care. Remote and FIFO sites combine isolation, shared accommodation, alcohol and power imbalances. Western Australia’s parliamentary inquiry into the mining industry, Enough is Enough, found under-reporting driven by fear and offenders being moved on rather than dealt with.
In child-related settings, the Reportable Conduct Scheme sets tight deadlines, and the regulator checks that investigations were fair.
In both, a good investigation protects everyone: the person harmed, the person accused, the witnesses and the organisation. It needs clear allegations, a trauma-informed approach, procedural fairness, sound findings and a clear outcome for both parties.
Top 5 tips
- Assess before you write. Use surveys, focus groups and incident data to find where your risks actually are.
- Write a plan, not a policy. Section 55H wants specific risks, specific controls and a clear reporting process.
- Train leaders first. Leaders set the tone and hold the accountability. Generic e-learning won’t change the culture.
- Make reporting safe and simple. Offer more than one channel, protect against victimisation, and tell people what happened.
- Have an investigator ready before you need one. Know who will investigate, how fast, and under what terms of reference.
Frequently asked questions
Do all Queensland employers need a written Sexual Harassment Prevention Plan? Every business or undertaking must manage the risk of sexual harassment. Where a risk is identified, which is most workplaces, section 55H requires a written plan.
What must the plan include? The identified risks and controls, how workers were consulted, how reports are made and investigated, and how outcomes are communicated. It must be accessible and understandable to workers.
How often should we review it? After any report of sexual harassment, when a health and safety representative asks, and at least every three years.
Is annual online training enough? No. The positive duty asks for reasonable and proportionate measures across leadership, culture, risk management, reporting and monitoring. Training is one part.
What if an allegation involves a child? If you are covered by the Reportable Conduct Scheme, you must notify the Queensland Family and Child Commission within three business days and then investigate.
Should we investigate internally or externally? Serious, complex or senior matters, and those involving potential criminal conduct, usually warrant an independent investigator.
How Harrisons can help
We help employers prevent, respond and investigate:
- Compliance: risk assessments, worker consultation and Sexual Harassment Prevention Plans
- Training: leader and employee workshops on the positive duty, respectful behaviour and bystander action
- Investigations: independent, trauma-informed workplace and reportable conduct investigations
If you’re not sure your plan would stand up to a regulator, get in touch with our team.
Claire Harrison is the Founder and Managing Director of Harrisons, a flourishing HR consulting business that sprouted in 2009 from Claire’s passionate belief that inspiring leaders and superstar employees are the key success factor to any business. With over 20 years’ experience, Claire has worked as a HR Director of multi-national organisations, as a Non-Executive Board Director, and a small business owner. Claire’s corporate career includes working with companies such as BHP, Westpac, Fonterra and Mayne Nickless.
