Under work health and safety laws, NSW businesses have a responsibility to prevent both physical and psychological harms in the workplace, including workplace sexual harassment. Learn about your duties and obligations.
Last updated: 08 August 2024
On this pageEveryone has a right to a safe and healthy workplace, free from sexual harassment.
Businesses have the primary responsibility for ensuring the health and safety of everyone in their workplace under NSW’s work health and safety (WHS) laws. This includes a positive duty to take all reasonable steps to eliminate or minimise both physical and psychological risks to health and safety including the risk of sexual harassment.
Workers and ‘others’ at a workplace which may include clients, customers, suppliers or visitors, also have duties under NSW’s WHS laws. They include an obligation to take reasonable care not to harm others’ health and safety and to comply with reasonable instructions by a business in relation to WHS issues.
Officers of corporations are also required to take reasonable steps to ensure the business complies with its WHS obligations.
A positive duty to prevent workplace sexual harassment means businesses have a legal obligation to take proactive and meaningful action to comply with this duty.
Under NSW WHS laws, NSW businesses have a positive duty to eliminate or minimise risks to health and safety, so far as is reasonably practicable. Sexual harassment is a type of psychosocial hazard. Businesses must proactively manage both psychosocial and physical risks and hazards.
This is separate, and in addition to, the positive duty under the federal Sex Discrimination Act to eliminate workplace sexual harassment.
From December 2023 the Australian Human Rights Commission can enforce compliance by organisations and businesses with this positive duty. Visit the Australian Human Rights Commission website for more information.
SafeWork NSW enforces the positive duty under NSW WHS laws and the Australian Human Rights Commission enforces the positive duty under the federal Sex Discrimination Act.
Regardless of the positive duty to prevent sexual harassment, any occurrence of workplace sexual harassment is unlawful. Businesses can be held responsible for the actions of workers, agents and third parties if sexual harassment occurs in your business.
SafeWork NSW is the state’s work health and safety regulator.
SafeWork NSW can:
SafeWork NSW can provide free advice and support to help workers, businesses and industry maintain a safe workplace and meet their WHS duties.
You can request a free advisory visit if you have less than 50 staff or a safety workshop for business groups.