New Guidance from the Commonwealth for Employers about Meeting Anti-Sexual Harassment Duties

The Code provides employers with “practical guidance” as to how to meet their obligations under Work Health and Safety legislation (including the South Australian Work Health and Safety Act 2012), and is consistent with the positive obligation to eliminate, as far as possible, unlawful discrimination, sexual harassment and sex-based harassment in the workplace under the Sex Discrimination Act 1984 (Cth).

The Code is intended to be read in conjunction with the Work Health and Safety (Managing Psychosocial Hazards at Work) Code of Practice 2024 (Cth), which outlines specific processes to manage psychosocial risks in the workplace.[2]
The Code sets out a risk management process for employers to follow, with four primary criteria:

• Identifying hazards; and
• Assessing risks; and
• Controlling risks; and
• Maintaining and reviewing control measures.

Specific criteria to address these steps are also provided, including, but not limited to:

• Consultation with workers on potential hazards and current control methods; and
• Collection of data e.g. surveys or reports; and
• Providing training to workers on sexual harassment and sex-based harassment.

Furthermore, the Code provides information on how investigations into complaints should be conducted and the role of leaders in shaping workplace culture.

While the Code is not an approved Code under the South Australian Work Health and Safety Act 2012, it is helpful guidance in the consideration of what is ‘reasonably practicable’ in certain circumstances.

Employers should familiarise themselves with the Code to ensure they review all approaches and strategies to meet WHS duties. EMA Legal is able to assist employers with any questions that may raise from this process.

[1] See Work Health and Safety (Sexual and Gender-based Harassment) Code of Practice 2025

[2] See Work Health and Safety (Managing Psychosocial Hazards at Work) Code of Practice 2024