South Australia: Sexual and Gender-Based Harassment at Work
South Australia's February 2026 code commenced on 19 February 2026. Approved under s 274 of the Work Health and Safety Act 2012 (SA), it applies to work and workplaces covered by that Act and should be read with the psychosocial-hazards code. It is admissible in WHS proceedings; another method may achieve an equivalent or higher safety standard.
The code treats sexual and gender-based harassment as a preventable workplace risk, including conduct by colleagues, managers and third parties, online interactions and work-related activities. Lack of complaints is not proof that risks are absent. Risks must be considered together with isolation, power imbalances, poor support and other psychosocial hazards.
Applied to corrections, useful checks include safe night-shift access, private and secure changing facilities, fair allocation of overtime and opportunities, accessible reporting outside the immediate hierarchy, and effective assistance arrangements. These are applications of the code, not findings about a particular prison.
Investigations should be proportionate, impartial, timely and trauma-informed, with due process for complainants and respondents. A formal complaint is not a prerequisite to a WHS inquiry. Anti-discrimination and WHS duties are separate and may operate concurrently.
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