The Australian Government has approved a national Work Health and Safety (Sexual and Gender-based Harassment) Code of Practice 2025, which has been implemented in conjunction with the Work Health and Safety (Managing Psychosocial Hazards at Work) Code of Practice 2024 (the Codes).
Keeping up with such changes is a must for PCBUs, which place a strong emphasis on organisational culture and operational risk management. At Anitech, we understand the weight of these responsibilities. Our team supports Australian businesses in navigating complex legislation by translating regulatory expectations into tailored, actionable strategies that enhance both compliance and culture. Staying informed of the latest legislative developments is part of our ongoing commitment to supporting Australian businesses with accurate, up-to-date guidance.
So, what exactly does the 2025 update mean for Australian businesses? Let’s break it down in straightforward terms.
Understanding the Sexual Harassment Code of Practice 2025: What It Is and Why It Matters
The Sexual Harassment Code of Practice 2025 is an approved code under the Work Health and Safety Act 2011 (Cth). It provides clear, practical guidance on identifying, preventing, and managing the risks of sexual and gender-based harassment in the workplace.
This new code reflects a major shift: sexual harassment is now recognised as a psychosocial hazard under WHS law, with the same legal importance as physical risks such as machinery or toxic substances. This means employers must actively address these risks through a structured WHS risk management process.
Why the Update Matters for Australian Businesses?
For many businesses, this code replaces ambiguity with clarity. Employers (or PCBUs—persons conducting a business or undertaking) are now expected to:
- Identify potential harassment risks.
- Consult with workers about workplace hazards.
- Implement effective control measures.
- Provide appropriate training, supervision, and systems of support.
- Maintain and regularly review WHS processes in line with the new Code.
These expectations are aligned with broader workplace harassment laws in Australia, which are evolving to ensure every employee, regardless of gender, background, or role, is protected in their working environment.
What Does Harassment Look Like Under the Code?
The Code defines sexual and gender-based harassment as any unwanted behavioural action, whether verbal, physical, visual, or digital, that causes offence, humiliation, or intimidation. This includes:
- Inappropriate jokes, comments, or gestures
- Unwanted physical contact
- Sexually suggestive emails or texts
- Repeated unwanted advances or invitations
- Deliberate misgendering or derogatory remarks
- Creating or allowing a hostile work environment
Importantly, harassment doesn’t need to be repeated to be considered a WHS risk. One incident can be enough to breach your legal obligations.
How Must Businesses Respond?
The Code outlines expectations for a business regarding the prevention and response to practice. Some of the key business responsibilities include:
Risk Identification and Management
Employers need to consider sexual harassment as a psychosocial risk and evaluate where, when, and how it may happen in their work environment. Here, risks from clients, customers, and third parties are as important as those posed by other employees.
Clear Preventative Measures
Your organisation must have policies on maintaining a safe work environment, including behaviour containment, appropriate workplace configuration, training, and leadership accountability to avert harassment.
Supportive and Transparent Reporting Systems
Businesses need to allow workers to report harassment through different reporting channels, some of which should be anonymous, and guarantee protection against victimisation. Complaints need to be dealt with fairly, quickly, and confidentially.
Leadership And Culture
Directors and officers must cultivate an environment that forbids sexual harassment and are encouraged to do so indirectly through frequent communications, respectful behaviour modelling, and holding people responsible.
Ongoing Training and Monitoring
Inductions, refresher training, and supervisor guidance should reflect the Code’s principles. You must monitor your organisation’s practices to ensure continuous improvement.
It’s no longer enough to have a passive grievance process. Employers must adopt Safe work environment policies that actively prevent harassment through smarter workplace design, robust training, supervision, and leadership accountability.
It’s Not Just WHS—The SDA Positive Duty Still Applies
Alongside your WHS responsibilities, the Sex Discrimination Act (SDA) also places a positive duty on employers to proactively prevent:
- Sexual harassment
- Sex-based discrimination
- Hostile working environments
This legal overlap means PCBUs must align their workplace health and safety policy with the SDA, ensuring they don’t fall short by addressing only one legal framework.
The Cost of Non-Compliance
Non-compliance with the Sexual Harassment Code of Practice 2025, issued under section 274 of the Work Health and Safety Act 2011, can result in serious legal and operational consequences for Australian businesses. As stated in the Code’s foreword, it is an approved code of practice and may be used in court proceedings under the WHS Act and Regulations. Courts may rely on the code as evidence of what is known about a hazard, risk, or appropriate control measure and to determine what is reasonably practicable in a given context. Regulatory bodies, such as Worksafe inspectors, may also refer to the Code when issuing improvement or prohibition notices. These formal actions can lead to legal proceedings and potential financial penalties. If a business is found to have failed in its duty to manage psychosocial risks, including sexual and gender-based harassment. This makes it vital for PCBUs to implement robust safe work environment policies and maintain a strong safety culture.
Where to From Here? Anitech’s Role in Supporting Compliance
At Anitech, we work alongside organisations to implement fit-for-purpose WHS systems that meet the evolving regulatory landscape. Our consultants partner with you to:
- Assess and document psychosocial risks.
- Develop and implement workplace harassment policies.
- Train leadership and staff in compliance and respectful behaviours.
- Build consultation mechanisms that promote cultural inclusion and psychological safety.
We don’t just help businesses tick boxes; we help them create safer, more resilient workplaces. That’s the Anitech difference.
Building Safer Workplaces Together
The introduction of the Sexual Harassment Code of Practice 2025 is a clear message from regulators: psychological safety is no longer optional. For businesses, this is both a challenge and an opportunity to protect staff, reduce risk, and build stronger cultures of respect.
With the right support, this doesn’t have to be overwhelming. Anitech’s workplace safety consultants are here to guide you through this transition, offering trusted insights, practical tools, and tailored strategies for long-term compliance and cultural improvement.
Let’s create workplaces where everyone feels safe, valued, and empowered to thrive. Need help aligning your business with the WHS Code of Practice 2025? Get in touch with our team of WHS experts at Anitech today!
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