WorkSafe ACT reminds businesses to report sexual assault incidents

ACT businesses are reminded that law requires them to inform WorkSafe ACT of any sexual assault incident occurring in their workplace. This obligation forms part of broader safety requirements that every employer must understand and follow, similar to the new law requiring employers to report sexual assault cases to WorkSafe ACT.

Why WorkSafe ACT Issued This Reminder

WorkSafe ACT issued the reminder following reports of workplace sexual assault in the ACT last week. Canberra's workplace safety regulator says under Work Health and Safety (WHS) laws, workplace sexual assault stands as a notifiable incident and must be reported to the safety agency.

“Everyone has a right to a safe and healthy workplace and PCBUs are required to fulfil all of their obligations relating to notifiable incidents,” WorkSafe ACT said.

What Businesses Need to Know About Notifiable Incidents

Under WHS legislation, a notifiable incident covers serious health and safety events, including sexual assault, occurring at any workplace. Employers across sectors like hospitality and other high-contact industries carry the same duty to report these events promptly, no matter their size or industry.

Failing to report puts staff wellbeing and organisational compliance at risk. Businesses ignoring reporting duties expose themselves to regulatory action and undermine trust among their teams.

Key Obligations for PCBUs

• Report any sexual assault incident to WorkSafe ACT as soon as practicable.
• Preserve the incident site until an inspector provides further advice, unless doing so creates additional risk.
• Provide ongoing support to affected workers throughout the reporting and investigation process.
• Maintain accurate incident records as part of a broader health and safety management system.

Supporting a Safer Workplace Culture

Beyond legal compliance, businesses hold responsibility for fostering safety cultures where staff feel confident raising concerns. This includes hospitality venues, healthcare facilities, and construction sites, where physical proximity and shift-based work can heighten risk.

Providing clear internal policies, such as a Sexual Harassment Policy, gives workers a documented pathway for raising issues and helps management demonstrate due diligence. Pairing policy with practical support services ensures affected employees receive appropriate care alongside formal reporting.

For guidance on managing high-risk incidents more broadly, employers can consult resources like the High Risk & Incidents Management Plans available through SafetyDocs.

Staying Informed on WHS News

This reminder follows other recent WorkSafe ACT news, including guidance urging construction businesses to train staff on crystalline silica risk, as covered in our report on WorkSafe reminding ACT businesses to train workers about crystalline silica.

Similar transparency measures appear internationally too — WorkSafe New Zealand recently published its annual report on electrical and gas incidents, detailed in our coverage of WorkSafe NZ's annual report on electrical and gas incidents in 2023. Businesses operating across regions can review tools such as the Conformance Report and Hazard Report Form for New Zealand operations, alongside broader safety documents for New Zealand businesses.

Key Takeaway

WorkSafe ACT's message stays clear: any sexual assault incident occurring within a workplace must get reported without delay. Meeting this duty protects staff wellbeing, satisfies legal requirements, and reinforces genuine commitment toward safety across every Canberra business.

Originally published on the WorkSafe ACT website.