Document ID: chunk:federal_register_of_legislation:F2025L00326:body:0:p3
Version: federal_register_of_legislation:F2025L00326
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How to use this Code of Practice
This Code includes references to the legal requirements under the WHS Act and WHS Regulations. These are included for convenience only and should not be relied on in place of the full text of the WHS Act or WHS Regulations. The words 'must', 'requires' or 'mandatory' indicate a legal requirement exists and must be complied with.
The word 'should' is used in this Code to indicate a recommended course of action, while 'may' is used to indicate an optional course of action.

1.          Introduction

     1.1          What is sexual and gender-based harassment?
This Code addresses a range of harassment and behaviours based on gender and sex that create a risk of harm at work. Appendix A provides definitions and descriptions of some of these behaviours to assist duty holders to recognise and understand them, including:
       * sexual harassment
       * sex- or gender-based harassment and discrimination
       * hostile working environments on the grounds of sex, and
       * gendered violence.
However, WHS laws require PCBUs to manage all WHS risks, even where the behaviour is not specifically described in this Code or may not meet definitions or thresholds set by other legal frameworks.
Sexual harassment is any unwelcome sexual advance, unwelcome request for sexual favours or other unwelcome conduct of a sexual nature which makes a person feel offended, humiliated or intimidated, where a reasonable person would anticipate that reaction in the circumstances.[1]
Sexual harassment can be a form of gender-based harassment. The term gender-based harassment is used in this Code to describe unwelcome conduct based on a person's gender, sex or sexuality.
Workers from diverse backgrounds may be exposed to sexual and gender-based harassment. For example, women, young workers, those from culturally and linguistically diverse (CALD) backgrounds, Aboriginal and Torres Strait Islander workers, LGBTQIA+ workers and workers with disability are more likely to experience workplace sexual harassment and should be provided with the opportunity to participate in consultations (which may take different forms), along with all workers who are likely to be directly affected.

     1.2          Where may sexual and gender-based harassment occur?
This Code addresses sexual and gender-based harassment at work. A 'workplace' means a place where work is carried out for a business or undertaking and includes any place where a worker goes, or is likely to be, while at work. This means sexual and gender-based harassment at work can happen:
   -            at a worker's usual workplace
   -            where a worker is working remotely, including if the person's workplace is their home
   -            in a place where the worker is undertaking work at a different location (such as a client's home)
   -            where the worker is engaging in work-related activities such as conferences, training,