WHS Law Briefing

Eliminating sexual harassment 

There have been a number of developments in WHS legal obligations aimed at combatting sexual harassment in Australian workplaces.  New notification requirements in respect of violent incidents are being added to the model WHS Act and various jurisdictions have introduced positive duties and codes of practice in relation to sexual harassment and sex or gender based harassment.  For further insights, listen to our podcast with the SafeWork NSW Respect at Work Taskforce.  

Diversity, equity and inclusion programs

There is much speculation as to the future of diversity, equity and inclusion programs in Australian businesses given recent political and workplace discussions at home and abroad.    It is critical that Australian business leaders consider the psychosocial risk perspective on gender diversity and ensure that their decision making on this issue aligns with their obligations under work health and safety laws.  For our further insights on this issue, read our article here. 

In a landmark decision, the former Chief Executive Officer of a large corporation was found guilty of failing to comply with his officer due diligence obligation under the Health and Safety at Work Act 2015 (NZ).   It is not yet known whether the decision will be appealed.  See below for a detailed analysis of the decision and its relevance to the due diligence duty under Australian WHS laws.  

Industrial manslaughter offences 

The offence of industrial manslaughter has now commenced in every Australian jurisdiction, with New South Wales and Tasmania giving effect to the offence on 16 September and 2 October 2024 respectively. The industrial manslaughter offence in Queensland has been expanded to bring it in line with other jurisdictions in Australia.  

More stringent regulation of crystalline silica 

More stringent WHS duties targeting all industries where workers are or might be exposed to silica dust came into effect in most jurisdictions on 1 September 2024 and importation restrictions commenced on 1 January 2025. The Silica National Strategic Plan 2024-30 has been formally endorsed.