Legislation Update: Positive Duty for Queensland Businesses

Queensland businesses—are you compliant with this new legislation?

From 1 March 2025, Queensland businesses with employees will be required to implement a prevention plan to manage the risks of sexual harassment and sex or gender-based harassment in the workplace. This new legislation introduces a positive duty, meaning businesses must take proactive steps to prevent harassment before it happens—rather than just responding to complaints.

While this obligation currently applies to Queensland, there is strong potential for similar measures to be introduced nationwide. We’ve written this article to encourage employers and business owners to take a proactive approach to ensure compliance and safer workplaces.

What is positive duty?

Historically, workplace harassment policies have been reactive, meaning employers only took action after an incident was reported. This new positive duty requires businesses to implement reasonable and proportionate measures to eliminate harassment before it occurs. The aim is to shift the responsibility away from individuals needing to report misconduct and instead create a culture of prevention and accountability.

While this obligation currently applies to Queensland, there is strong potential for similar measures to be introduced nationwide. We are strongly encouraging all our clients to take a proactive approach to ensure compliance and create safer workplaces.

What employers need to do

To comply with these new obligations, businesses must:

1. Develop a written prevention plan
   Employers must identify potential risks of sexual harassment in their workplace and outline strategies to manage these risks. Consider factors such as workplace culture, industry-specific risks, gender imbalances, and employee vulnerability.
2. Implement control measures
   Based on identified risks, employers should introduce clear strategies to mitigate them. This could include:
        Regular training sessions for staff and management
   Establishing clear reporting procedures
   Reinforcing a zero-tolerance policy on harassment
   Improving workplace culture and leadership accountability
3. Ensure leadership commitment
   Prevention efforts must be driven from the top down. Business owners and managers need to lead by example and actively support the implementation of these measures. This includes ensuring consistent reinforcement of policies and fostering an environment where employees feel safe to raise concerns.

Why this matters for businesses across Australia

While Queensland is leading the way, it is highly likely that similar positive duties will be introduced across Australia. Businesses that fail to act may face legal, financial, and reputational risks. By being proactive now, employers can ensure compliance before changes become mandatory nationwide, while also building a safer, more inclusive workplace for their employees.

How Now Actually can help

At Now Actually, we’re experts in HR compliance and workplace risk management for businesses across different industries.

If you’re feeling overwhelmed with this new legislation and your positive duty as an employer, we can help you with:

• Developing a prevention plan tailored specifically for your business
• Conducting staff training and leadership education
• Reviewing and updating your policies and procedures
• Ensuring your business is ahead of compliance obligations

Our recommendation to non-Queensland businesses: don’t wait until these changes take effect nationwide. Take action now to protect your employees and your business. Contact our team today.