Document ID: chunk:federal_register_of_legislation:F2025L00326:body:0:p11
Version: federal_register_of_legislation:F2025L00326
Segment Type: other
Provision Reference: 
Character Range: 29133–32072

them at risk of sexual and gender-based harassment. Seeking this information from workers can be particularly important when identifying the risk of sexual and gender-based harassment that is subtle or hidden from view.
Workers and their representatives might also have suggestions for practical and effective control measures. For example, workers may have ideas to improve the design and layout of the workplace to minimise the risk of sexual and gender-based harassment. Workers can also help identify if control measures might introduce new hazards or risks to health and safety you may not be aware of.
Consider whether your existing consultation arrangements are appropriate for identifying, assessing and controlling psychosocial hazards, including sexual and gender-based harassment. You must consult with workers and their HSRs on any changes to agreed consultation arrangements.
You should consider whether your consultation mechanisms are accessible to all workers, particularly those who may be at greater risk of sexual and gender-based harassment, and whether you need additional consultation mechanisms to ensure workers have a range of ways they can choose to contribute their views and concerns. For example:
   -            focus group discussions (e.g. with workers in specific roles or who undertake specific tasks that may place them at greater risk)
   -            culturally safe consultation mechanisms to suit your workplace
   -            translated materials to meet the language needs of workers and interpreters to support consultation
   -            private and confidential individual discussions, and
   -            anonymous worker surveys.
Workers may feel more comfortable sharing their views with their HSR, who can then represent the views of workers in their workgroup.
Any personal or confidential information provided during consultation should not be disclosed without the consent of the worker.
In addition to your consultation arrangements, you should establish a separate mechanism for workers to report sexual and gender-based harassment if it occurs. Further detail on reporting and investigation can be found in Chapter 7 of this Code.

Consulting with other duty holders

WHS Act section 14

Duties are not transferable

WHS Act section 16

More than 1 person can have a duty

WHS Act section 272

No contracting out

More than one person can have the same WHS duty at the same time. The WHS Act provides that where more than one person has a duty for the same matter, each person retains responsibility to meet their duty in relation to the matter and must do so to the extent to which they can influence and control the matter.
Duty holders cannot transfer their duty to another person or contract out their health and safety duties. Duty holders can make arrangements or agreements with other duty holders to assist with meeting their duties.

WHS Act section 46

Duty to consult with