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The Work Health and Safety (Sexual and Gender-based Harassment) Code of Practice 2025
Approved on 5 March 2025, this new Code of Practice complements the earlier Work Health and Safety (Managing Psychosocial Hazards at Work) Code of Practice 2025 and is a framework designed to assist employers in managing health and safety risks arising from sexual and gender-based harassment in the workplace.
Specifically, the Code provides practical guidance for employers on several key areas, including the risk management process, identifying and assessing symptoms of and risks of sexual and gender-based harassment, implementing control measures, and investigating and responding to reports of harassment, whilst also emphasising the importance of leadership and workplace culture.
The Code aligns with broader work health and safety obligations, requiring employers to eliminate or minimise risks to health and safety, as far as is reasonably practicable.
What is Gender-based harassment?
According to the Code, 'Gender-based Harassment' means unwelcome conduct based on a person's gender, sex or sexuality.
Examples of Sexual and Gender-based Harassment include:
- sexualised comments about a person's appearance or clothing, or derogatory comments because clothing does not conform to narrow gender norms;
- deliberately misgendering someone, using incorrect pronouns or deadnaming (calling a person by their birth name when they have changed their name as part of their gender transition) to demean or belittle them;
- intrusive questions or comments about a person's private life (e.g. relationship status), physical appearance or bodily functions (e.g. menstruation or anatomy)
- excluding a person from training, promotions or opportunities based on their sex, gender or sexuality.
Why is this Code important for employers?
Aside from providing practical guidance and recommendations to employers, The Code is a vital tool for employers to demonstrate compliance with their legal duties, manage workplace risks effectively, and provide evidence of reasonable practicability in legal proceedings.
Should you need clarification or assistance in determining what this new Code may mean for you or in the implementation of the Code, please do not hesitate to reach out to one of the lawyers in our Workplace Team.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
