Sexual Assault incident definition guidance

WorkSafe ACT has received feedback from Persons Conducting a Business or Undertaking (PCBUs) expressing uncertainty about whether certain behaviours meet the threshold for a notifiable sexual assault incident under Work Health and Safety (WHS) laws.

To assist PCBUs to understand and meet their legal obligations, WorkSafe ACT has released updated guidance. This guidance clearly outlines what constitutes a notifiable sexual assault incident and includes practical examples to help duty holders assess incidents and determine when notification is required.

What is a Sexual Assault Incident?

Under WHS laws, a sexual assault incident means 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.

A sexual assault incident must be notified to WorkSafe ACT immediately upon becoming aware of it.

An incident is considered a sexual assault incident if it involves a sexual act or sexual  activity inflicted on a person without their consent, including but not necessarily limited to:

  • sexual intercourse
  • sexual touching, including touching of genitals, breasts or anus.
  • other indecent acts including activity done by an individual that a reasonable person would consider sexual in nature, and done for sexual arousal or gratification of the individual; or performed by the individual to sexually humiliate another person.

Consent to a sexual act means an informed agreement to the act, that is freely and voluntarily given and communicated by the saying or doing of something.

Sexual assault can be perpetrated by anyone at the workplace, including but not limited to employers, supervisors, co-workers, clients, patients, students or customers.

Reporting Responsibilities and Timeframes

PCBUs must notify WorkSafe ACT immediately after becoming aware of a sexual assault incident.

If the notification is made by phone, a written notice may be required within 48 hours.

Workers who experience or witness sexual assault are encouraged to inform their PCBU as soon as reasonably practicable, even though there is no legal duty on the worker to report the incident to WorkSafe ACT

Once informed, the PCBU has a legal duty to notify WorkSafe ACT as soon as reasonably practicable after becoming aware of the incident

New Guidance for PCBUs

The new guidance aims to assist PCBUs in:

  • Understanding the threshold for notification
  • Recognising examples of conduct that may constitute sexual assault
  • Ensuring timely and appropriate reporting to the regulator

This guidance is designed to reduce ambiguity and support compliance with WHS obligations.

Further Information and Support

For more information and support please visit

If you or someone you know has experienced sexual assault and doesn’t know where to start, these services can provide confidential, compassionate, and professional support.

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