From 9 June 2023, all workplace sexual assault incidents in the ACT are notifiable.

Persons conducting a business or undertaking must report notifiable incidents to WorkSafe ACT as soon as they become aware of them. If the notifiable incident is a result of more than one business or undertaking, all businesses must notify WorkSafe ACT.

Under the work health and safety 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.

Visit the WorkSafe ACT website here for more information on how to identify workplace sexual assault and what to do about it.