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Sexual Assault – Now is A Notifiable Incident Under the Work Heath and Safety Act 2011 (ACT)


From 9 June 2023, Person Conducting Business and Undertakings (PCBUs) are required to notify WorkSafe ACT of all incidents and suspected incidents of sexual assault that occur in their workplace. PCBUs have a duty to 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. The data collected will be used for compliance activities, education, and resources.

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:

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

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.