1. Purpose
- Sexual harassment is unacceptable in Queensland public sector workplaces.
- The Queensland Government has a positive duty to prevent and address sexual harassment in the Queensland public sector as part of providing healthy and safe workplaces for all employees, visitors, and contractors. Sexual harassment in any form is unacceptable in Queensland Government workplaces.
- This directive outlines Queensland public sector entities’ obligations to prevent and respond to sexual harassment in the workplace and supplements the Work Health and Safety Act 2011 (WHS Act) and the Managing the risk of psychosocial hazards at work: Code of Practice 2022 (the Code of practice).
2. Commencement
- The directive commences on 28 July 2023.
3. Authorising provisions
- Section 222 of the Public Sector Act 2022 (Act).
4. Application
- This directive applies to:
- public sector employees described in section 12 of the Act
- public sector entities described in section 8 of the Act
- chief executives of public sector entities described in section 16 and 17 of the Act.
- Section 229 of the Act outlines the relationship between a directive and an industrial instrument including how to deal with inconsistencies.
5. Principles
- All employees have a right to work without being subjected to sexual harassment.
- All employees must treat each other with respect and dignity.
- Sexual harassment is unlawful, is prohibited by the Anti-Discrimination Act 1991 (AD Act) and may be a criminal offence.
- Section 121 of the Industrial Relations Act 2016 (IR Act) sets out what an employer must do to dismiss an employee and characterises sexual harassment as misconduct.
- Under section 33 of the Act chief executives must promote and support a positive culture of respect and inclusion in the workplace. This is critical to preventing sexual harassment.
- Under section 19 of the WHS Act chief executives must provide safe workplaces. They must proactively prevent sexual harassment and protect all employees from risks to their health and safety. Chief executives have a duty to ensure that an employee who reports sexual harassment is safe.
- Chief executives are responsible for ensuring risks to both physical and psychological health are identified and managed. Chief executives must ensure risks, including those relating to sexual harassment matters are promptly recorded, effectively managed and reported as required under the WHS Act and the Code.
- Chief executives must proactively manage reports of sexual harassment by ensuring a person-centred, timely and proportionate employer response. The employer response should consider where possible, the views of the employee who has reported an experience or incident of alleged sexual harassment.
- Under the Human Rights Act 2019 (HR Act) decision makers must:
- act and make decisions in a way that is compatible with human rights
- consider human rights when making a decision under the Act and Public Sector Commissioner (Commissioner) directives.
- 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.
- 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.
- 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 employees when undertaking processes or applying provisions under this directive.