Sexual Assault is now a notifiable incident in the ACT

From 9 June 2023, all workplace sexual assault incidents are notifiable and must be reported to WorkSafe ACT.

As the PCBU you must report all notifiable incidents to WorkSafe ACT as soon as you become aware of them. If the notifiable incident is a result of more than one business or undertaking, then all businesses must notify WorkSafe ACT.

There is no duty to report placed on those who have experienced, witnessed or been exposed to a workplace sexual assault, and WorkSafe ACT will not be collecting any notification information from anyone but the PCBU.

If any person experiences or witnesses sexual assault, they should notify ACT Policing on 131 444, or 000 if it is an emergency. 

Under the Work Health and Safety (WHS) laws, a sexual assault incident is an incident (including a suspected incident) in relation to a workplace, that exposes a worker or any other person at the workplace to sexual assault.

For this purpose, sexual assault is:

  • A sexual assault that has been reported to the Police

OR

  • A sexual incident that could be referred to police for an investigation, AND
  • Is an act, sexual in nature, inflicted on someone, that a reasonable person believes has sexual connotations

OR

  • Is an act inflicted on someone for the purpose of sexual arousal or sexual gratification. AND
  • Includes sexual touching or sexual intercourse without consent.

For more information on how to identify workplace sexual assault and what to do about it, go to Workplace sexual assault.

To notify WorkSafe ACT of a sexual assault incident, visit our Notify WorkSafe ACT.

To find out about other ways WorkSafe ACT is working with the Canberra community to improve work health and safety, follow WorkSafe ACT on LinkedIn.

Stay Safe

WorkSafe ACT

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