Key takeaways
Regulators are closely monitoring the mining sector with recent class actions and inquiries showing that sexual harassment prevention is a priority.
Employers must apply the same duty of care to work functions as they do to operational safety.
Implementing and regularly reviewing a Plan, updating policies and reinforcing expectations can help employers avoid penalties and protect their people.
As the year winds down and we hear whispers of Mariah Carey’s Christmas anthem while shopping, it is important for employers to turn their attention to end-of-year festivities. Particularly, it is necessary for employers to ensure work and functions are safe, inclusive and compliant. While this is a time for rest and celebration with friends and family, employers must remain alert to the legal and reputational risks that can arise.
The mining industry, with its unique workforce arrangements, remote operations, and contractor-heavy projects, faces heightened scrutiny from regulators and the public to ensure they adhere to the legislation.
In the last part of HopgoodGanim’s Mining Project Lifecycle Series, we look at the workplace health and safety considerations for mining companies and projects across Australia.
Key legislation
Under State and Federal law, employers have a positive duty to prevent sexual harassment by proactively eliminating or minimising risks to worker health and safety, including during work-related functions.
Under the Sex Discrimination Act 1984 (Cth) (SD Act), employers must take reasonable and proportionate measures to eliminate sexual harassment, sex-based harassment, and hostile work environments connected to work. This duty is proactive, applying even if no complaint has been made, and extends beyond the physical workplace to out-of-hours conduct where there is a sufficient connection to the workplace (e.g. at a Christmas party or on a messaging platform which has other employees in it).
In circumstances where employers are not appropriately discharging their duty to ensure the safety of staff at work-related functions, they may find themselves vicariously liable for the conduct of their staff.
At a State level, in addition to the obligations under the Anti-Discrimination Act 1991 (Qld) (which imposes a positive duty similar to, but broader than, the federal obligation under the SD Act) recent amendments to the Work Health and Safety Regulation 2011 (Qld) (Regulation) now requires employers to prepare, consult and implement a sexual harassment plan (Plan). The Plan must:
- identify risks of sexual or gender-based harassment;
- outline control measures and the rationale for them;
- include a clear procedure for reporting and investigating incidents;
- be accessible and understandable to workers; and
- be reviewed regularly, including after any report or at least every three years.
Failure to implement or review the Plan may result in penalties of up to $10,014 for the person conducting the business or undertaking (PCBU). If you have not yet prepared a plan, now is the time to act.
For mining employers, this obligation is particularly pressing given the prevalence of FIFO arrangements, remote camps, and contractor-heavy workforces, all of which create unique risks for harassment at work-related functions.
Why is the mining industry under the microscope?
Despite a decrease in reported rates of sexual harassment in the mining industry in recent years, there still seems to be significant coverage and a specific focus on combating sexual harassment in the mining industry. For example:
| Jurisdiction | Key events |
|---|---|
| Nationally | In December 2024, two class-actions relating to sexual harassment were filed against two leaders in the resources industry, BHP and Rio Tinto. |
| Western Australia | In June 2025, the Final Report from the Community Development and Justice Standing Committee, titled ‘Enough is Enough’: Sexual harassment against women in the FIFO mining industry was prepared for the Minister for Industrial Relations. |
| Victoria | On 29 October 2025, Premier Jacinta Allan and Industrial Relations Minister Jaclyn Sym introduced the Restricting Non-disclosure Agreements (Sexual Harassment at Work) Bill 2025 which will prohibit the use of an NDA unless it is requested by a victim or alleged victim of harassment (which is one of the allegations raised by the alleged victims in the class actions). |
| Queensland | In August 2025, KPMG posted publicly stating they were engaged by Resources Safety & Health Queensland to assist with combatting workplace sexual harassment and create a safer, more inclusive workplace in Queensland’s resources industry. |
| New South Wales | In May 2024, the NSW Resources Regulator released a statement noting they would be intensifying their efforts to combat psychosocial hazards and sexual harassment within the NSW mining industry. |
WorkSafe, the workplace health and safety regulator, may have a close eye on all employers (particularly those who are in industries that are historically susceptible to sexual harassment, like mining), ensuring they have prepared and implemented a Plan. If an incident occurs and no Plan is in place, the employer may be liable for a range of legislative contraventions (for example, the Regulation, SD Act, etc.).
Considerations for employers
To reduce risk and ensure a safe and inclusive end-of-year period, mining employers should ensure they have implemented a Plan, or if one is already in place, confirm it is current prior to any event. If a sexual harassment complaint is raised, the employer should review and update the Plan accordingly in accordance with s 55H(4)(b) of the Regulation. Failure to do so may result in penalties of up to $10,014 for the PCBU.
Employers may consider a number of additional steps prior to workplace events, such as:
- reviewing and updating their policies and procedures on drugs and alcohol, bullying, sexual harassment and discrimination;
- communicating expectations to employees and contractors in advance, including a reminder that the event is a work function and policies apply;
- setting clear start and finish times for the event;
- ensuring responsible service of alcohol, including the provision of non-alcoholic options, supplying adequate food and encouraging responsible consumption of alcohol;
- nominating sober contact persons to monitor behaviour and assist if issues arise; and
- providing safe transport options to and from the venue for staff.
The holidays are a time for celebration, but it should not come at a legal or reputational cost. By taking proactive steps now, including implementing/reviewing your Plan, updating policies as appropriate, and reinforcing expectations, employers can ensure a safe and compliant festive season.
If you would like assistance reviewing your workplace policies, preparing a Plan, or managing any conduct occurring over the holiday period, please contact our Workplace and Employment team.