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ARTICLE · 01 DECEMBER 2022

Changes to workplace sexual harassment protections in Queensland's Industrial Relations Act

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'Industrial matter' now includes sexual, sex- or gender-based harassment of an employee in the workplace.

AustraliaGovernment, Public Sector
Jackie Hamilton
Jackie Hamilton
Lara Hues
Lara Hues
James Phillips
James Phillips
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The Industrial Relations and Other Legislation Amendment Act 2022 (Qld) (Amendment Act) gives effect to the Queensland Government's response to the Respect@Work Report by the Australian Human Rights Commission.

The amendments see the Industrial Relations Act 2016 (IR Act) adopt the established definitions of sexual harassment in the Anti-Discrimination Act 1991 (Qld) and Sex Discrimination Act 1984 (Cth). However, the concept of sex- or gender-based harassment is new to the Queensland statute book.

Sex- or gender-based harassment is defined as unwelcome conduct of a demeaning nature on the basis of the harassed person's sex or gender. The conduct must be engaged in with the intention of offending, humiliating or intimidating the harassed person or in circumstances in which a reasonable person would be offended, humiliated or intimidated by the conduct.

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This publication does not deal with every important topic or change in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you have found this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances please contact one of the named individuals listed.

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