SafeWork NSW has identified significant gaps in workplace health and safety consultation processes and investigation procedures during a recent inspection campaign targeting sexual harassment risks in the hospitality industry. The findings are expected to have implications for the retail sector, with the regulator signaling expanded attention to the retail industry in the coming months.
The Respect at Work Taskforce, established in late 2023, inspected 38 hospitality venues across New South Wales. As a result of these inspections, 16 improvement notices were issued to 11 businesses for shortcomings in how they identify and manage the risk of workplace sexual harassment. A key concern raised was inadequate consultation with workers regarding the development and implementation of WHS control measures.
According to the 2025–26 NSW State Budget, the retail and healthcare sectors are now a focus for the taskforce, given similar risk factors that may increase vulnerability to harassment. In particular, the retail industry shares challenges with hospitality, such as high customer interaction, casual and young workforces, and a significant number of culturally and linguistically diverse employees.
Key Findings from the Hospitality Compliance Campaign
The taskforce’s two-month campaign identified several areas for improvement, including:
- WHS Consultation Gaps: Businesses were urged to strengthen consultation with workers to ensure that control measures are tailored, appropriate, and effective.
- Training Gaps: Inspectors highlighted the need for role-specific training, particularly for bar staff, covering sexual harassment risks and incident reporting procedures.
- Psychosocial Risk Controls: Businesses were encouraged to consider a broader range of control measures to manage psychosocial risks, including those linked to sexual harassment.
- Inadequate Risk Registers: While most venues had systems in place to identify harassment risks, some lacked detail or failed to assess contributing factors comprehensively.
- Limited Investigation Systems: Some employers had reporting mechanisms but lacked a structured approach to investigating incidents of sexual harassment.
SafeWork NSW’s Director of Capability and Engagement, Christina Hey-Nguyen, emphasised the importance of industry leadership and proactive action.
“This inspection program across 38 NSW hospitality venues demonstrates that progress is being made, however more needs to be done including across the areas of leadership, training, reporting and work design, to ensure the health and safety of hospitality workers,” Hey-Nguyen said.
The NSW Government has also launched a mandatory training program for all hospitality staff and liquor licence holders, aimed at preventing sexual harassment and violence. This initiative aligns with federal requirements under the Sex Discrimination Act 1984, which now place a positive duty on employers to take “reasonable and proportionate measures” to eliminate harassment in the workplace.
New Queensland Obligation: Documented Sexual Harassment Prevention Plan Required
Retailers with operations in Queensland must now meet an additional obligation introduced under the WHS Regulation on 1 March 2025. Businesses are required to have a documented Sexual Harassment Prevention Plan, developed in consultation with staff.
This written plan must outline how the business:
- Identifies and manages the risk of sexual harassment;
- Prevents harassment from occurring;
- Provides reporting pathways; and
- Responds to and investigates complaints.
This regulatory requirement applies specifically in Queensland and reflects the jurisdiction’s growing emphasis on proactive measures to prevent sexual harassment in the workplace. Retailers with operations in multiple states should ensure they understand and comply with the specific WHS requirements in each state where they operate.
What Retailers Should Do Now
Retailers are encouraged to review their current WHS systems, particularly in how they identify and manage psychosocial risks. Key actions include:
- Strengthening worker consultation when developing WHS policies and procedures, including for sexual harassment prevention and response.
- Reviewing and updating training programs to address psychosocial hazards such as sexual harassment.
- Ensuring incident management systems include appropriate investigation protocols, not just reporting pathways.
- Developing or updating a documented prevention plan if operating in Queensland.
Retailers should use Codes of Practice and other guidance materials to understand their legal obligations and how to manage risks. Some key resources are listed below.
- Sexual and Gender-based Harassment Code of Practice
- Respect at Work – SafeWork NSW
- Guide for PCBUs – WorkSafe QLD
With regulators in multiple jurisdictions increasing their focus, now is the time for retailers to act. Strengthening your WHS practices, particularly in the area of psychosocial risk management, is not only a compliance obligation, it’s a commitment to safer and more respectful workplaces.
