Legislative changes and what they mean for your business
Sexual harassment in the workplace is a serious issue that can impact safety, dignity, and the overall wellbeing of your team. And while this has long been a concern, recent years have brought significant public attention to the issue, resulting in major changes to the law. These new legal standards aren’t just boxes to tick. They’re a clear message to employers: preventing harassment is part of doing business in Australia today.
A safe and respectful workplace isn’t optional - it’s the new legal standard. - Astrowave
What is Sexual Harassment?
Sexual harassment includes any unwelcome sexual behaviour that causes someone to feel offended, humiliated, or intimidated. It may be verbal, physical, written, or visual in nature. This can include unwanted advances, inappropriate comments, jokes with a sexual tone, the display of explicit content, insults or taunts of a sexual nature, or even pressuring someone for sexual favours in exchange for work-related benefits.
One of the most important things to remember is that the intent behind the behaviour doesn’t matter - it’s the impact on the person experiencing it that counts. Both the perpetrator and any person who causes or permits sexual harassment to occur can be found liable for sexual harassment or to have engaged in inappropriate behaviour. Behaviour that is consensual and based on mutual attraction, friendship and respect is not sexual harassment.
The law now supports proactive prevention and protects those who report misconduct. - Astrowave
So What Has Changed?
In 2022–2023, following the Respect@Work report led by Sex Discrimination Commissioner Kate Jenkins, Australia introduced a set of reforms that fundamentally shift how businesses need to approach this issue. Previously, many employers focused on responding to complaints. Now, the law places the emphasis on prevention.
Under the updated Sex Discrimination Act 1984, employers now have what’s called a “positive duty” - a legal responsibility to take reasonable and proportionate steps to stop sexual harassment, sex-based harassment, hostile workplace environments, and victimisation from occurring in the first place. This isn’t about waiting until something goes wrong. It’s about building systems, structures, and cultures that reduce the risk from the outset.
The Australian Human Rights Commission (AHRC) has also been given new enforcement powers. They can now investigate suspected breaches, issue compliance notices, and take legal action if employers fail to meet their obligations. At the same time, the definition of what constitutes sexual harassment has been broadened. This makes it easier for victims to speak up, and makes it clearer for employers to identify unacceptable behaviour early. The laws also recognise that sometimes a workplace can be hostile even without one specific incident. If the environment allows sexist attitudes or inappropriate conduct to thrive, that alone can trigger legal consequences.
Importantly, protections have been strengthened for those who come forward. Whistleblowers and victims now have greater legal backing, encouraging people to speak up when something’s not right and ensuring businesses take complaints seriously.
New legal obligations are now in effect in Queensland and if you're an employer, it's time to get across them. These changes are part of a national shift toward proactively managing the risk of sexual harassment in the workplace, and similar requirements are expected to be rolled out in other states in the near future.
Here’s a breakdown of what’s already in place:
01 Sept 2024
01 Mar 2025
What This Means for Your Business
If you’re running a business or managing people, the responsibility to create a safe and respectful workplace now falls squarely on your shoulders. And that means going beyond simply having a policy document saved in a folder somewhere. You need to be able to demonstrate that you’re taking action - not just once, but on an ongoing basis.
This starts with having clear, up-to-date policies that align with current laws. Staff need to understand what’s acceptable and what’s not. Just as importantly, those policies need to be backed up by real training. It’s not enough to do one induction session and hope for the best. Managers and staff alike need to regularly engage with this topic, so they feel confident recognising, responding to, and reporting inappropriate behaviour.
Businesses also need effective, and confidential reporting systems. If staff don’t know how to raise concerns or worse, don’t trust the process, then even the best-written policy won’t make a difference. The AHRC’s expanded powers mean that failing to take these steps could now result in compliance notices, legal action, or even fines. But legal penalties are only part of the risk. Failing to address harassment can seriously damage your culture, your reputation, and your team’s willingness to stay.
Of course, prevention is not just about policies and penalties. Real cultural change comes from leadership. It means setting the tone from the top and being intentional about how your business hires, manages, and supports people. Training should help employees not just recognise red flags but understand what a respectful workplace looks like and how they can contribute to one.
Yes - documentation matters. Keeping detailed records of training sessions, complaints, investigations, and any updates to your policies helps create transparency and shows that your business is taking these obligations seriously.
The responsibilities below outline what’s expected of both managers and team members to help prevent sexual harassment and build a safe, respectful workplace for everyone.
Roles & Responsibilities
Managers
Team Members
When reporting processes are clear and trusted, you don’t just hear complaints - you prevent them. - Astrowave
Where to Start
If you’re wondering what to do next, the first step is to look at your existing policies. Do they reflect the new legislation? Are they easy for staff to understand and apply? Once that’s in place, it’s time to think about your training. It should be relevant to your workplace, grounded in real scenarios, and offered regularly - not just when something goes wrong.
It’s also worth checking in on your reporting channels. Are they clear and confidential? Do staff know who to speak to and what will happen if they raise a concern? And are your managers prepared to deal with reports appropriately?
The reality is, prevention is an ongoing process. If your business is going through change, whether that’s new leadership, a restructure, or introducing new systems, that’s a good time to revisit your workplace behaviour policies. Even if things feel stable, it’s best practice to review these documents at least every two years, if not more regularly.
If someone experiences or witnesses inappropriate behaviour, there are clear steps they can take. While not every situation will follow the same path, this process helps ensure concerns are handled fairly, consistently, and with care. Here’s how it typically works:
Addressing Workplace Behaviour Concerns: A Simple Guide
- Confront the Issue
If it feels safe, staff can speak directly to the person involved to ask them to stop the behaviour. This step is optional. - Report the Issue
If the behaviour continues or staff don’t feel safe confronting the person, they should report it to their Manager. The Manager will consider the best course of action. - Business Intervention
The response will depend on the situation. It may involve a discussion with the person the complaint is about or a facilitated meeting between parties. - Formal Investigation
If needed, a formal investigation (internal or external) may be conducted to review the facts and make a finding. The business will then decide on outcomes and share relevant recommendations.
Prevention isn’t about fear of penalties. It’s about valuing people and doing the right thing before it’s required. - Astrowave
Need Help?
If this feels like a lot - you’re not alone. Many businesses aren’t sure where to begin or don’t have the internal resources to keep up with all the changes. That’s where we come in. At Astrowave, we help businesses build policies that are not only legally compliant but also practical and people focused.
To help you take the next step, we’ve pulled together some useful tools and options:
Download your free Sexual Harassment Info Sheet
A simple, printable resource to display in your workplace and support prevention conversations.
Grab a Ready-to-Use Sexual Harassment Policy
If you’re looking for a compliant and professional policy to implement straight away, you’ll find it in our e-shop.
Book a Prevention Plan session ($499)
Want tailored support to build a Sexual Harassment Prevention Plan for your team? Let’s chat about how we can help.
Whether you need help reviewing existing documents, or shifting your culture in the right direction, we’re here to support you in creating a workplace that’s safe, respectful, and future-ready.