WHS duties

PCBU duties

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. This includes risks from psychosocial hazards such as sexual and gender-based harassment. 

PCBUs must also:

  • consult workers, and any HSRs, about WHS, and
  • consult, cooperate and coordinate with other duty holders.

If you have management or control of a workplace, you have additional duties under WHS laws.

Specific duties to manage psychosocial risks

To manage psychosocial risks, PCBUs must:  

  • identify reasonably foreseeable hazards
  • eliminate psychosocial risks if it is reasonably practicable to do so, or if it isn’t reasonably practicable to eliminate these risks, minimise them so far as is reasonably practicable
  • maintain control measures to ensure they remain effective, and
  • review control measures when required.

These requirements are set out in Part 3.1 and Part 3.2, Division 11, of the model WHS Regulations.

In determining what control measures to use, the PCBU must have regard to all relevant matters (see regulation 55D(2)). This includes:

  • the duration, frequency and severity of exposure to hazards
  • how psychosocial hazards may interact or combine
  • the design of work including the job demands and tasks
  • the systems of work including how work is managed, organised and supported
  • the design, layout and environmental conditions of the workplace including providing safe means of entry and exit, and facilities for the welfare of workers
  • the plant, substances and structures at the workplace
  • workplace interactions or behaviours, and
  • the information, training, instruction and supervision provided to workers.  

For more information and practical examples see the model Code of Practice: Managing psychosocial hazards at work and the model Code of Practice: Sexual and gender-based harassment.

Positive duty in the Sex Discrimination Act (Respect@Work)

In addition to existing WHS duties, the Commonwealth Sex Discrimination Act 1984 (SDA) also includes a positive duty to prevent sexual harassment (and other related unlawful conduct). While there are similarities the duties are different. Complying with the SDA requirements alone will not necessarily ensure you meet your WHS duties.

See the Australian Human Rights Commission for further information and guidance on the duties under the SDA.

Reporting to police

If you believe workplace sexual harassment involves criminal conduct, including actual or attempted sexual assault, you can report the matter to police. 

The Police Assistance Line operates 24 hours a day, 7 days a week and allows the reporting of crime over the phone with the information being made immediately available to your local police. 

Phone: 131 444 (in cases of emergency, please call 000) 

Website: www.aic.gov.au/contact-us/report-crime

Officers’ duties

Officers, such as company directors, must exercise due diligence to ensure the business or undertaking complies with its WHS duties. This includes taking reasonable steps to ensure the PCBU has, and uses, appropriate resources and processes to eliminate or minimise risks of sexual and gender-based harassment. For example, ensuring the PCBU has safe systems of work and safe work environments to eliminate or minimise the risk.

Worker duties

Workers must:

  • take reasonable care for their own WHS 
  • take reasonable care not to adversely affect others WHS
  • comply with reasonable WHS instructions as far as they are reasonably able, and
  • cooperate with reasonable WHS policies or procedures that have been notified to them.

For example, workers must follow any notified workplace policies setting standards for appropriate behaviour aimed at preventing harassment. 

Other person duties 

Other persons at the workplace must:

  • take reasonable care for their own WHS
  • take reasonable care not to adversely affect others WHS, and
  • comply, so far as they are reasonably able, with reasonable instructions given by the PCBU to allow them to comply with the WHS Act and WHS Regulations.

For example, a customer in a hospitality venue must not sexually harass staff.