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PCBUs’ obligations to notify WorkSafe ACT of workplace sexual assault


Since sexual Assault became a notifiable incident on 9 June 2023, WorkSafe ACT has been notified of over 70 incidents of workplace sexual assault in the ACT. There have been 4 infringement notices and 3 improvement notices issued to PCBUs for failure to notify. Members are reminded that PCBUs must notify WorkSafe ACT of incidences of sexual assault including suspected sexual assault.

A sexual assault incident is defined as an incident in relation to a workplace that exposes a worker or any other person at the workplace to sexual assault, including:

  • A sexual assault that has been reported to the police.
  • A sexual incident inflicted on someone that could be referred to police for an investigation.
  • An act inflicted on someone for the purpose of sexual arousal or sexual gratification.
  • Sexual touching or sexual intercourse without consent.

Under the Work Health and Safety Act, PCBUs must notify WorkSafe ACT of all incidents and suspected incidents of sexual assault that occur in their workplace. PCBUs must notify the WorkSafe ACT of a sexual incident by using the Sexual Assault Incident Notification Form. The victims and perpetrators must not be named when filling in the sexual assault incident notification form. Safe Work ACT has advised that this reporting obligation is not an admission of liability.

Members can read more information here for sexual assault charges or call MBA Workplace Relations and Legal team on  (02) 6175 5900 for any assistance in relation to workplace health and safety.