WorkSafe ACT has released updated guidance to assist Persons Conducting a Business or Undertaking (PCBUs) in understanding their reporting obligations in relation to sexual assault incidents under work health and safety (WHS) laws. This follows feedback from employers who were unsure whether certain behaviours met the threshold for mandatory notification.
Under WHS laws, a sexual assault incident is defined as an incident, actual or suspected, that occurs in connection with a workplace and involves unwelcome or non-consensual sexual conduct. PCBUs must notify WorkSafe ACT immediately upon becoming aware of such an incident. If notification is made by phone, a written report may also be required within 48 hours.
The new guidance outlines what types of conduct may be considered notifiable and includes practical examples to help duty holders assess incidents and respond appropriately. It also clarifies that the conduct can involve anyone at the workplace, including workers, supervisors, clients, or members of the public.
While workers are not legally required to report incidents directly to WorkSafe ACT, they are encouraged to inform their PCBU if they experience or witness concerning behaviour. Once notified, the PCBU has a legal obligation to report the matter without delay.
This guidance is intended to remove ambiguity, promote safe workplace practices, and support compliance with WHS duties. For further details, members are encouraged to refer to the updated guidance on the WorkSafe ACT website.
For workplace-specific advice or assistance, please contact the MBA ACT Workplace Relations team on (02) 6175 5900 or via workplace@mba.org.au.
