Preventing and responding to sexual harassment and related conduct at work (Directive 02/25)

1. Purpose

1. This directive outlines the obligations to prevent and respond to sexual harassment, harassment on the basis of sex, conduct creating a work environment that is hostile on the basis of sex and related acts of victimisation in the Queensland public sector. Collectively, this is referred to as sexual harassment and related conduct in this directive.
2. This directive encapsulates obligations under the Public Sector Act 2022 (the Act), Sex Discrimination Act 1984 (Cth) (SD Act), Anti-Discrimination Act 1991 (AD Act), Work Health and Safety Act 2011 (WHS Act), Work Health and Safety Regulation 2011 (WHS Regulation) and the Managing the risk of psychosocial hazards at work: Code of Practice 2022 (the Code of Practice).

2. Commencement

2. The directive commences on 9 May 2025.
3. Directive 12/23: Preventing and responding to workplace sexual harassment (superseded directive) is repealed and superseded by this directive.

3. Authorising provisions

3. Section 222 of the Public Sector Act 2022 (the Act).

4. Application

4. This directive applies to:
   1. public sector employees described in section 12 of the Act. References to worker in this directive includes public sector employees
   2. public sector entities described in section 8 of the Act
   3. chief executives of public sector entities described in sections 16 and 17 of the Act.
5. Section 229 of the Act outlines the relationship between a directive and an industrial instrument including how to deal with inconsistencies.

5. Principles

5. All people have a right to work without being subjected to sexual harassment and related conduct.
6. All people must treat each other with respect and dignity at work.
7. Sexual harassment and related conduct are unlawful and unacceptable in the Queensland public sector. Sexual harassment and related conduct may also be a criminal offence.
8. Sexual harassment and harassment on the basis of sex is misconduct within the meaning of section 121 of the Industrial Relations Act 2016 and may provide grounds to summarily dismiss an employee who engages in the conduct.
9. Sexual harassment and related conduct constitute grounds for discipline including, but not limited to, misconduct under section 91 of the Act.
10. Reports of sexual harassment and related conduct must be responded to promptly, with confidentiality and sensitivity, using person-centred and trauma-informed approaches.
11. The process to investigate and respond to a report of alleged sexual harassment and related conduct must be fair, objective, conducted in a timely and impartial manner, applied consistently to all employees, and ensure procedural fairness for all parties involved.
12. Under the Human Rights Act 2019 (HR Act) decision makers must:
    1. act and make decisions in a way that is compatible with human rights
    2. consider human rights when making a decision under the Act and Public Sector Commissioner (Commissioner) directives.
13. Under chapter 1, part 3 (Reframing of State’s relationship with Aboriginal peoples and Torres Strait Islander peoples) of the Act public sector entities have a unique role in supporting the State government in reframing its relationship with Aboriginal peoples and Torres Strait Islander peoples. A chief executive of a reframing entity is responsible for ensuring the entity fulfils its role when applying and making decisions under the Act and Commissioner directives.
14. Under chapter 2 (Equity, diversity, respect and inclusion) and chapter 3 (Public sector arrangements) of the Act, chief executives of public sector entities have a duty to promote equity and diversity in relation to employment matters, which includes in the application of and making decisions under the Act and Commissioner directives.
15. In addition to any specific requirements in this directive, chief executives of public sector entities are required to consider ways to support accessibility and inclusion for workers when undertaking processes or applying provisions under this directive.

6. Interpretation of directions

6. The requirements set out in these directions are binding and must be followed.
7. This directive does not replace, modify, or revoke any legislative requirements that apply to the management of particular complaints. For example, corrupt conduct under the Crime and Corruption Act 2001 (CC Act), public interest disclosures under the Public Interest Disclosure Act 2010 (PID Act), or complaints under the HR Act or AD Act.
8. This directive does not replace, modify, or revoke the obligations public sector entities have to provide a safe workplace for workers and other persons under the WHS Act and WHS Regulation. The requirements of this directive (for example, to have a workforce policy to prevent and respond to sexual harassment and related conduct at work) may assist in meeting these obligations, including those relating to a prevention plan, however public sector entities need to consider individual risks and obligations under the WHS Act and WHS Regulation.

7. Reframing the relationship with Aboriginal peoples and Torres Strait Islander peoples

7. Chief executives must consider the responsibilities under section 21 of the Act relating to supporting a reframed relationship with Aboriginal peoples and Torres Strait Islander peoples when taking action to prevent and respond to workplace sexual harassment and related conduct in accordance with this directive.
8. To promote cultural safety when preventing or responding to sexual harassment and related conduct, relevant considerations for a chief executive include:
   1. ensuring that a person involved in the response to, or management of a concern, complaint or grievance about sexual harassment and related conduct, which involves Aboriginal peoples and Torres Strait Islander peoples, has cultural learning experience and access to appropriate cultural resources
   2. enquiring to better understand cultural considerations with Aboriginal people and Torres Strait Islander people involved with a concern, complaint or grievance about sexual harassment and related conduct
   3. ensuring support and communication is culturally appropriate during complaint processes
   4. considering any elements of conscious or unconscious bias that may impact reporting of sexual harassment and related conduct and complaint processes, including the use of mitigation strategies
   5. consideration of the cultural rights of Aboriginal peoples and Torres Strait Islander peoples under section 28 of the HR Act.

8. Requirements for chief executives

8. Chief executives must promote and support a positive culture of respect and inclusion in the workplace under the Act. This is critical to preventing sexual harassment and related conduct.
9. Chief executives have a positive duty under anti-discrimination legislation to take reasonable and proportionate measures to eliminate, as far as reasonably practicable, sexual harassment and related conduct in Queensland public sector workplaces. This includes conduct by:
   1. workers to other workers
   2. workers to other persons connected to work, such as clients or customers
   3. other persons connected to work to workers.
10. Chief executives must provide safe workplaces under work health and safety legislation. Chief executives are responsible for ensuring workplace risks to both physical and psychological health and safety, including those relating to sexual harassment and related conduct, are promptly identified, and appropriate control measures are implemented to eliminate or minimise these risks.
11. Chief executives have a duty to ensure that a worker who experiences, witnesses or reports sexual harassment and related conduct is safe and does not experience victimisation, reprisal action or adverse action as a consequence of making a report.
12. Chief executives must provide person-centred support and advice in accordance with clause 10.2.
13. Chief executives must make available, promote and require participation in leadership and employee training regarding the expected standards of behaviour, and how to identify and appropriately respond to reports of sexual harassment and related conduct at work, except where the requirement may genuinely negatively impact an employee’s wellbeing.

9. Requirement to have, and the promotion of, a sexual harassment and related conduct prevention and response policy

9. Public sector entities must have a standalone workforce policy to prevent and respond to sexual harassment and related conduct at work for workers. The policy must, at a minimum meet the standard established by the model prevention and response to sexual harassment and related conduct at work policy template (DOCX, 98.9 KB) by:
   1. clearly stating that sexual harassment and related conduct is not tolerated, is harmful and is unlawful
   2. consistently reflecting the requirements of this directive
   3. setting out responsibilities to comply with the policy, including minimum standards of behaviour
   4. identifying behaviours that constitute sexual harassment and related conduct and the possible consequences of that conduct
   5. clearly stating how the policy applies to workers and other persons connected to work
   6. outlining how the entity will meet the positive duty to prevent and eliminate, as far as reasonably practicable, sexual harassment and related conduct at work
   7. outlining the requirement to undertake leadership and employee training, and any exemptions to the requirement where it may genuinely negatively impact an employee’s wellbeing, regarding the expected standards of behaviour, and how to appropriately identify and respond to reports of sexual harassment and related conduct at work
   8. outlining the entity’s commitment and approach to supporting workers affected by sexual harassment and related conduct at work
   9. outlining how a worker may access support and advice about their options, internally and externally to the entity, and setting out all internal and external pathways available for a worker to report concerns about sexual harassment and related conduct (including any alternative procedures for reporting complaints about senior employees)
   10. setting out how the entity will respond to and manage matters in a way that considers the preferences of the workers reporting alleged sexual harassment and related conduct in a manner consistent with the requirements in this directive
   11. recognising that sexual harassment and related conduct has underlying drivers such as gender inequality
   12. outlining how the entity will actively promote worker awareness of the policy and related processes.

10. Responding to reported alleged sexual harassment and related conduct

10. Where a worker witnesses and/or experiences alleged sexual harassment and related conduct, the worker has the right to:
    1. continue to be treated with respect by all people in the workplace, be supported in the workplace and not be victimised or treated less favourably because of experiencing or raising concerns about sexual harassment and related conduct
    2. access person-centred, confidential advice on their rights and options to report the matter and seek support from a contact officer, entity HR team, or external advisory service such as the entity’s employee assistance service, 1800Respect or a union representative
    3. provide input into how they would like the matter resolved. These preferences are to be considered when determining how to proceed with the matter. Where the views of the worker are unable to be met, the entity will explain its reasons to the worker
    4. be advised of their right to make a criminal complaint to the Queensland Police Service if there is any concern that the harassment could be a criminal act, such as indecent exposure, stalking, sexual assault or obscene or threatening communications
    5. be appropriately consulted about their workplace options and not be relocated from their usual workplace, unless the worker requests to be relocated, or, after all other options have been explored, relocation is the only acceptable means of ensuring the safety of the worker.
11. Workers who witness or experience alleged sexual harassment and related conduct must be offered support options and access to support appropriate to the circumstances of their concerns, including but not limited to, person-centred support and advice (or another model as approved by the Commissioner). These support options are to be guided by the principles of:
    1. trauma-informed
    2. gender-informed
    3. consistent with a broader focus on respectful and inclusive workplaces
    4. operationally sustainable
    5. fit for purpose, based on the size and decentralisation of the agency, and the nature of the organisation’s work (e.g. policy, regulatory, service delivery to the community).
12. Workers who report alleged sexual harassment and related conduct are to be advised of related victimisation protections including in relation to reprisal action if having made a public interest disclosure, and their protections from adverse action taken against them for exercising their workplace right in making a report.
13. Workers who report alleged sexual harassment and related conduct are to be advised of their rights and obligations under the PID Act and CC Act where relevant.
14. A worker may choose to:
    1. address the behaviour through self-management, if it is safe to do so
    2. seek the support of a manager or another appropriate person within the entity to address the behaviour through local action
    3. lodge a grievance under the Individual employee grievance (IEG) directive (available to employees only)
    4. lodge a grievance under a modern award (available to employees covered by the award)
    5. lodge an industrial dispute with the Queensland Industrial Relations Commission (QIRC) (available to employees only)
    6. lodge a complaint to the Queensland Human Rights Commission (QHRC) in relation to alleged sexual harassment within the relevant timeframes prescribed
    7. if a complaint is made to the QHRC, apply to the QIRC for an order, if required, to protect an employee’s interests by prohibiting a person from actions that might prejudice:
       1. the investigation or conciliation of a complaint
       2. an order that the tribunal might make after a hearing.
    8. refer a complaint from the QHRC to the QIRC if it is unresolved by the QHRC, or unresolved after 6 months of lodging it with the QHRC
    9. raise the concerns under the work health and safety framework, by reporting a hazard to a health and safety representative (HSR), management or externally to Workplace Health and Safety Queensland.
15. Notwithstanding clause 10.5, on becoming aware of a report of sexual harassment and related conduct, the chief executive has an obligation to take appropriate action to ensure the conduct is addressed and to ensure the workplace is safe.
16. Where an employee chooses to make a formal grievance regarding an allegation of sexual harassment and related conduct under the IEG directive, the IEG process is modified as follows:
    1. an individual employee grievance about sexual harassment and related conduct is to be made to the chief executive or their delegate
    2. the individual employee grievance is to be considered by the chief executive, or their delegate
    3. to be a formal grievance, the individual employee grievance must be in writing and must include sufficient information to enable the chief executive, or their delegate, to take appropriate action, including outlining the action the employee who submitted the grievance considers would resolve the grievance
    4. alternative dispute resolution strategies, including facilitated discussion, mediation, conciliation or negotiation, may be offered but should only occur if agreed to by the employee who submitted the grievance
    5. a decision about an individual employee grievance should be made as soon as possible but must be made within 14 calendar days of receipt of the individual employee grievance unless the timeframe has been extended by mutual agreement between the parties. A party to the individual employee grievance is not to unreasonably withhold their agreement
    6. after a decision has been made about an individual employee grievance, including a decision to take no action, the entity must provide a written decision to the employee who submitted the grievance. The decision must:
       1. outline the action taken to manage the individual employee grievance and the outcome of the action
       2. provide the reasons for the decision, or the decision to take no action
       3. outline any action that the agency proposes to take, or will take, as a result of the decision.
    7. if the employee is dissatisfied with the decision made about their grievance, the employee may seek an external review under stage 3 of the IEG directive.
17. Communication obligations:
    1. where an employee advises they are represented by a union, the union must be included in correspondence in relation to the management of the matter
    2. the entity must also provide the employee, if requested, with advice on the outcome of management action taken and the outcome of any discipline process arising from the complaint or grievance. This directive provides a lawful authority under privacy legislation to disclose information to a complainant/s under the relevant privacy principle
    3. the employee who submitted the grievance must keep confidential any information provided relating to management action or discipline outcomes relating to another worker. However, the employee may disclose the information as required by law. The employee may also disclose the information to an immediate family member, support person, union representative or confidential counsellor, provided that any such person agrees to keep the information confidential.
18. Where a worker is the subject of a sexual harassment and related conduct allegation/s the worker is entitled to:
    1. continue to be treated with respect by all people in the workplace and be supported in the workplace
    2. access advice on their rights and support options including access to the entity’s employee assistance service, or union representation
    3. be provided with procedural fairness throughout any investigation of the reported allegation/s.

11. Consequences for the responsible person/s

11. Where allegations of sexual harassment and related conduct are substantiated, the chief executive must take action that is consistent and proportionate for the allegations that are substantiated. The possible outcomes will also depend on whether an informal resolution or a formal grievance was preferred by the complainant. Possible outcomes include, but are not limited to:
    1. an apology
    2. agreement on protocols to manage the relationship/s in the future
    3. a change to working hours, locations or duties
    4. refresher sexual harassment and related conduct awareness and prevention training
    5. coaching or performance counselling
    6. disciplinary action, e.g. reprimand, reduction in classification level or dismissal.
12. Where there are allegations relating to sexual harassment and related conduct by other persons connected to work, these allegations should be dealt with under the entity’s work health and safety, risk and/or client/customer management policies and frameworks.

12. Reporting and data collection

12. Each public sector entity is required to report on the implementation of this directive and other data as determined by the Commissioner.

13. Transitional provisions

13. The following transitional arrangements will apply for allegations of sexual harassment and related conduct:
    1. Where the complaint or dispute was made under the superseded directive prior to this directive commencing, this directive will apply to any steps and decision made after commencement and does not apply to any step taken or decision made prior to commencement
    2. Where alleged sexual harassment and related conduct occurred prior to this directive commencing, and the complaint, grievance or dispute was made after commencement, this directive will apply.
14. To allow time for staff consultation and implementation, the updated entity policy under clause 9 to prevent and respond to sexual harassment and related conduct at work must be in place within three months of commencement.

Employee means a public sector employee as provided for in section 12 of the Act.

Gender-informed support in the context of sexual harassment and related conduct a gender informed approach recognises that sexual harassment and trauma are shaped by gender stereotypes and inequities including gender related factors such as roles, relationships, attitudes, power imbalances and identities, and that systems and support need to be inclusive and tailored to individual needs.

Harassment on the basis of sex happens if a person:

It does not matter whether the other person’s sex is only one of the reasons for the person/s engaging in the conduct.

Other persons connected to work are persons who are not workers and may include clients, customers or visitors.

Person-centred involves the individual being at the centre of decision-making and having control, as much as is possible, over the actions/services they receive.

Reframing entity/entities has the meaning provided for under chapter 1, part 3, section 20 of the Act.

Self-management is the term used to describe action by a worker who has experienced or witnessed sexual harassment or related conduct at work. The worker may take steps to deal with the behaviour themselves, if they feel safe to do so. This may include talking directly to the other person, drawing attention to the specific behaviour, and asking the person to stop.

Sexual harassment happens if a person:

The circumstances that are relevant in determining whether a reasonable person would have anticipated the possibility that the other person would be offended, humiliated or intimidated by the conduct include:

Sexual harassment and related conduct can be directed at a person or group of people and be carried out by one or more persons.

Sexual harassment and related conduct is the collective term for sexual harassment, harassment on the basis of sex, conduct creating a work environment that is hostile on the basis of sex, and related acts of victimisation (including victimisation related to sexual harassment) in the Queensland public sector.

Superseded directive means the Public Sector Commissioner Directive 12/23: Preventing and responding to workplace sexual harassment.

Trauma-informed support recognises and acknowledges the impact of distress experienced by an employee and focuses on an understanding of the elements necessary to support the employee’s recovery.

Victimisation has the same meaning as:

Conduct creating a work environment that is hostile on the basis of sex has the same meaning as section 28M of the SD Act.

Worker a person is a worker if the person carries out work in any capacity for a person conducting a business or undertaking, including work as:

Workplace is any place where work is carried out for a business or undertaking and includes where a worker goes or is likely to be while working.