Work Health and Safety Code of Practice
In 2025, the federal government approved a new Workplace Health and Safety Code of Practice to provide guidance to persons conducting a business or undertaking (PCBUs) on how to address risks of sexual and gender-based harassment. The Code sets out how to achieve the standards of work health and safety required under the Work Health and Safety Act 2011 and how to identify and manage risks of sexual and gender-based harassment. This page outlines what is contained in the Code of Practice and how it is to be used.
Legislation
The Work Health and Safety Act 2011 sets out the duties of employers as to work health and safety issues. The Code of Practice has been approved under section 274 of that Act and should be read in conjunction with the Code of Practice: Managing Psychosocial Hazards at Work as sexual and gender-based harassment often occurs together with other types of psychosocial hazards.
These Codes are not law but may be used by a court as evidence of what is known about a hazard or risk. The Codes may be also taken into account when a court is assessing what is reasonably practicable in the circumstances.
What is sexual and gender-based harassment?
The code defines sexual and gender-based harassment as including:
- sexual harassment
- sex- or gender- based harassment and discrimination
- hostile working environments on the basis of sex
- gendered violence.
It may involve physical violence, unwanted comments or touching, displaying inappropriate material or other behaviour.
Duties
The Code clarifies that PCBUs must ensure, as far as reasonably practicable, that workers and others are not exposed to risks to their health and safety including sexual and gender-based harassment.
Officers such as company directors must exercise due diligence to ensure that the company complies with its workplace health and safety duties.
Workers must also take reasonable care of their health and safety, comply with directions, cooperate with reasonable policies and procedures, and avoid exposing others to risks.
The four-step risk management process
The Code requires PCBUs to minimise risks of sexual or gender-based harassment as far as possible by following this four-step process:
- Identify hazards
- Assess risks
- Control risks
- Maintain and review control measures
PCBUs should consult workers as to risks relating to the work and to the environment and as to risks resulting from any proposed changes. They should review any records or information they have as to past incidents. In larger organisations, they could conduct surveys about incidents of harassment. They may also consider seeking information or advice from industry associations, unions, or similar workplaces.
Identifying harassment
When identifying sexual and gender-based harassment, PCBUs should consider:
- work task and the design of work
- the physical work environment
- how workers behave and interact
- the workplace structure, demographics and culture
The Code reminds PCBUs that an absence of reports does not mean that harassment is not occurring. They are encouraged to consider reasons for possible non-reporting and whether the existing reporting mechanisms are appropriate.
PCBUs must consult with their health and safety representatives, and with all others who have a WHS duty in relation to the matter, at each step of the risk management process. Information should be sought from workers who may be aware of particular tasks or aspects of their work that place them at risk and may have suggestions for how these risks could be managed.
Conducting investigations
A WHS investigation should identify whether there is a risk that has been controlled so far as possible, or whether there are more effective control measures that could be implemented. An investigation may also need to address the behaviour of individuals, such as ascertaining whether they have followed the WHS procedures that have been communicated to them.
An investigation should be conducted in a way that is fair, transparent, and timely. It should be impartial and should be conducted by persons who are suitably trained and accountable. Appropriate information about the outcome of the investigation should be provided to those who made the report. Privacy and confidentiality should be maintained.
Leadership and culture
The Code also sets out the role of leaders in managing risks of sexual and gender-based harassment. People in leadership roles should ensure that they understand the prevalence, nature, and drivers of sexual and gender-based harassment, where there are risks in their workplace, and how these risks are controlled or need to be controlled.
Leaders should ensure that the organisation communicates effectively about these risks and take proactive steps to ensure that there are effective governance arrangements to respond to sexual or gender-based harassment and that any resources required are available.
The Code also sets out what senior leaders who are officers under the Workplace Health and Safety Act must do to ensure the PCBU complies with its duties under the Act.
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