Sexual Assault is a Notifiable Incident

9 July 2024

On 9 June 2023, the Work Health and Safety (WHS) Act was amended to include sexual assault as a notifiable incident. This change makes it a requirement that persons conducting a business or undertaking (PCBU) must report all occurrences, including suspected, of sexual assault to WorkSafe ACT as soon as they become aware of them.

In the 12 months since the changes came into effect WorkSafe ACT has been notified of over 70 incidents of workplace sexual assault in ACT workplaces and inspectors having issued 4 infringement notices and 3 improvement notices to PCBUs for failure to notify. Incidences of sexual assault, even if only suspected, must be reported.

WHAT IS WORKPLACE SEXUAL ASSAULT?

Under the 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.

WHAT DO THE CHANGES MEAN IN PRACTICE?

Prior to this any incidents of workplace sexual assault would only be notified if there was a hospital admission or medical treatment was provided.

Workplaces now do not have the option to conduct an internal investigation to determine if they think there is merit to an allegation of sexual assault before contacting WorkSafe ACT. It must be reported as soon as is practicably possible. Failure to do so may result in regulatory action.

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

NOTIFYING WORKSAFE ACT 

PCBUs must fill out and submit the Sexual Assault Incident Notification Form. It can be found here: Notify WorkSafe ACT - WorkSafe ACT.

You can call us on:

  • 13 22 81 Mon-Fri 8:30am - 4:30pm,
  • 13 22 81 Weekends & Public Holidays 9:00am - 4:30pm.
  • 0419 120 028 after hours

FURTHER INFORMATION 

For more information:

  • Access Mental Health provides free 24/7 service for assessment and treatment of mentally ill people in crisis situations. Phone 1800 629 354 or 6205 1065
  • Lifeline has a 24/7 counselling service providing emotional support in times of crisis. Phone 13 11 14
  • Beyond Blue has a 24/7 service providing emotional support in times need. Phone 1300 224 636

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