New WHS Code of Practice seeks to eliminate sexual harassment in Commonwealth workplaces

New WHS Code of Practice Seeks to Eliminate Sexual Harassment in Commonwealth Workplaces

The Australian Government has ratified a new code of practice to assist employers and employees in mitigating and responding to incidents of sexual and gender-based harassment across Commonwealth workplaces.

This code strengthens existing work health and safety obligations, giving duty holders clearer guidance on preventing harassment before it escalates into a broader safety risk.

How the Code Connects to Psychosocial Hazards

Comcare advises that the new Work Health and Safety (Sexual and Gender-based Harassment) Code of Practice 2025 should be interpreted and implemented alongside the code of practice for Managing Psychosocial Hazards in the Workplace.

"Sexual and gender-based harassment often occurs with other psychosocial hazards," Comcare stated.

The national work health and safety regulator further notes that duty holders must account for the interplay of these hazards when addressing broader health and safety risks. Since psychosocial hazards rarely occur in isolation, employers seeking to eliminate harassment risks should also review how their existing mental health policies and plans address related workplace stressors.

Why This Matters for Commonwealth Employers

Duty holders across Commonwealth workplaces now carry a clearer mandate to identify, assess and minimise hazards linked to sexual harassment. Key obligations include:

• Recognising that harassment often overlaps with other psychosocial hazards in work environments
• Reviewing existing health and safety frameworks against the new code's requirements
• Updating workplace policies, such as a Sexual Harassment Policy, to reflect current obligations
• Training staff to recognise and report harassment as part of routine safety practices

For further background on this development, read our coverage of the model code of practice to help prevent sexual and gender-based harassment at work, and see how a similar approach is playing out through the advisory group addressing sexual harassment in NSW workplaces.

Learn more here.