New WHS Code of Practice for Sexual and Gender-based Harassment Commences
The new Work Health and Safety (Sexual and Gender-based Harassment) Code of Practice 2025 came into effect on 8 March 2025 and now applies to all workplaces covered by the Work Health and Safety Act 2011 (Cth). Although the Code is not legally binding, it may be relied upon by courts to determine what is considered reasonably practicable when it comes to preventing harassment in the workplace.
The Code provides clarity for employers by outlining examples of sexual and gender-based harassment and offering practical guidance on how investigations should be conducted. Importantly, it introduces a four-step risk management process designed to help employers identify, assess, and manage the risks associated with these behaviours.
Another significant feature of the Code is the connection it draws between harassment and other psychosocial hazards. This highlights the importance of applying the new guidance in conjunction with the Managing Psychosocial Hazards at Work Code of Practice 2024, ensuring a comprehensive approach to psychological health and safety.
“Staying compliant is not just a legal obligation, it is a commitment to safety and respect. Keeping pace with regulatory changes helps protect both your people and your organisation.”
Employers should consider taking the following steps to ensure compliance and to build safer, more respectful workplaces:
Update workplace policies to reflect the requirements and guidance in the new Code
Educate all staff on respectful conduct, workplace rights, and the standards expected under the Code
Take a proactive approach to risk assessments, rather than waiting for complaints to emerge
Ensure that all investigations are conducted in a manner that is both fair and trauma-informed
Adopting these measures can help organisations not only meet their obligations but also create environments where all workers feel valued, respected, and safe.