Document ID: chunk:federal_register_of_legislation:F2025L00326:body:0:p7
Version: federal_register_of_legislation:F2025L00326
Segment Type: other
Provision Reference: 
Character Range: 18215–21376

the intersectional nature of harassment.

Failure to manage and appropriately respond to other forms of harassment and discrimination may encourage a culture of disrespect and increase the likelihood of sexual and gender-based harassment occurring. Workers are less likely to report sexual and gender-based harassment if they perceive other harassment and discrimination, such as bullying and racism, are not appropriately addressed. Workers may also not report sexual and gender-based harassment due to cultural factors, for example, if the conduct is related to taboo topics or there are fears of raising these incidents. This may lead to more frequent, prolonged and severe exposure to psychosocial risks.

The Work Health and Safety (Managing Psychosocial Risks at Work) Code of Practice 2024 (Cth) provides information about psychosocial hazards, including other forms of harassment and discrimination.

     1.5          Impacts of sexual and gender-based harassment
Sexual and gender-based harassment can cause physical and psychological harm to the person it is directed at and anyone witnessing the behaviour. Furthermore, this can lead to significant social and economic costs for workers, their family, their organisation and the wider community. The impacts include:
   -            decreased job satisfaction, commitment to work and productivity as well as negative impacts on a person's job or career
   -            emotional and cognitive reactions such as loss of confidence and self-esteem, irritability, anger, tearfulness and mood swings
   -            behavioural changes such as withdrawal and substance abuse
   -            physical injuries as a result of assault, physical reactions such as headaches, indigestion, tiredness and loss of appetite
   -            illness such as cardiovascular disease, musculoskeletal disorders, immune deficiency and gastrointestinal disorders (e.g. as a result of stress), and
   -            stress, depression, anxiety, post-traumatic stress disorder (PTSD), self-harm or suicidal thoughts.

Supporting workers

There are a range of options and assistance available to workers impacted by sexual and gender-based harassment.

When dealing with a report of sexual or gender-based harassment and discussing options, it is important to respect the affected worker's desired outcome and preferred way of managing the incident. This should include consideration of how the disclosure of the complaint may impact the worker.

Workers may also need assistance to access support services. Workers should be provided with a range of options and allowed to seek the support that best suits their needs.

Appendix B provides links to relevant resources.

     1.6          WHS duties

WHS Act section 19

Primary duty of care

WHS Regulations Division 11

Psychosocial risks

WHS Regulations Part 3.1

Managing risks to health and safety

A PCBU must ensure, so far as is reasonably practicable, workers and other persons are not exposed to risks to their psychological or physical health and safety, including risks from psychosocial hazards such as sexual and gender-based harassment. A PCBU must eliminate