Changes to WA’s Sexual Harassment Laws

Recent changes to WA’s sexual harassment laws – won through the efforts of the WA union movement, including the AMA – mark a significant shift in workplace protections. The changes create stronger obligations for employers and expanding rights for workers. These reforms bring WA in line with national standards and reflect a growing recognition that workplace harassment is not just an individual issue, but a systemic problem requiring proactive measures.

For doctors and healthcare professionals, these changes mean greater accountability for employers; clearer avenues for complaints; and a safer working environment in hospitals, clinics and private practices. Understanding these reforms is crucial in ensuring medical professionals know their rights and can collectively enforce them.

A shift to proactive prevention

Our AMA representatives will be addressing these changes directly with Health Service Providers in the coming months to make sure these obligations are clearly understood and enforced. This proactive engagement aims to hold employers accountable, and to ensure doctors and healthcare workers are fully protected under the new legal framework.

One of the most critical aspects of the new laws is the shift from reactive responses to proactive prevention. Previously, healthcare employers were largely responsible for addressing sexual harassment only after a complaint was made. Now, there is a positive duty on employers to actively prevent harassment, discrimination and victimisation in the workplace.

This means hospitals, medical practices and healthcare employers must take reasonable and proportionate measures to eliminate sexual harassment before it occurs. This includes:

• • implementing strong policies and procedures;
  • providing regular training on workplace behaviour;
  • conducting risk assessments;
  • taking swift and effective action when issues arise; and
  • ensuring clear and accessible reporting mechanisms for workers who experience or witness harassment.

For doctors, this is a powerful tool to hold hospital administrations and private employers accountable. If a workplace lacks clear policies or fails to take preventative steps, medical professionals have the right to demand action through collective representation.

Stronger legal protections for doctors

The updated laws also expand the definition of sexual harassment, making it easier for healthcare workers to raise complaints. Importantly, the new provisions recognise that harassment can occur in any work-related setting, including:

• • hospitals, clinics, and consulting rooms;
  • medical conferences and training events;
  • digital and online communication, such as emails and social media;
  • third-party interactions (patients, visitors and contractors);
  • patient interactions.

These expanded protections are particularly important for doctors, as they often work in environments where they may be vulnerable to inappropriate behaviour from patients. The changes reinforce the responsibility of healthcare employers to manage these risks and take appropriate action, including removing abusive patients from care settings when necessary.

Additionally, the reforms introduce greater protections against victimisation. This means doctors who raise complaints or support a colleague in making a complaint are legally protected from retaliation – such as changes to rosters, exclusion from training opportunities, or hostile treatment at work.

Avenues for complaints and enforcement

Dr Natalie Ferrington, Co-Chair of the AMA (WA) Doctors in Training Committee, welcomed the changes, stating: “These new laws are a critical step forward. DiTs are especially vulnerable in the workplace, with many unable to report issues at work due to concern for repercussions relating to their training application or references. It is a cyclical issue that the AMA is working hard to challenge. We will continue to support members and ensure these new protections are fully enforced. If you experience harassment or inappropriate behaviour, we understand the nuances that might prevent you from making a report, and will ensure your concerns are taken seriously.”

Under the new laws, the Equal Opportunity Commission (EOC) in WA will have expanded powers to enforce compliance. Healthcare workers who experience sexual harassment can now make complaints through a streamlined process, with stronger protections and increased penalties for employers who fail to meet their obligations.

Key changes include:

• • the ability for professional associations and unions, including the AMA, to bring complaints on behalf of doctors;
  • stronger investigative powers for the EOC to intervene in workplaces with systemic issues;
  • increased compensation and penalties for breaches 
  • of the law; and
  • employers being required to demonstrate the steps they have taken to prevent harassment in the workplace.

These changes mean doctors are not alone in fighting for their rights. The AMA can now take a more active role in advocating for members who experience harassment, ensuring cases are taken seriously, and that meaningful change occurs in healthcare workplaces.

What doctors can do

Change does not happen in isolation. It is essential that doctors support each other in standing up against sexual harassment in the workplace – so we can build stronger protections and ensure no one has to face these issues alone. By coming together as AMA members, we can demand that our workplaces implement meaningful policies and uphold their obligations under the law. While these legal reforms strengthen protections, real change will only come through enforcement. 

Doctors and medical professionals play a crucial role in making workplaces safer by:

• • knowing their rights: doctors should familiarise themselves with the new legal protections and how they apply in medical settings;
  • challenging inadequate policies: if a hospital or practice has not updated workplace policies in line with the new laws, doctors should collectively demand change;
  • supporting colleagues: a strong collective response to sexual harassment is the best deterrent against abuse. Members should engage with an AMA organiser or site representative early with any concerns about workplace harassment.

Speaking up for ourselves and our colleagues strengthens our profession and ensures we all work in safe and respectful environments. The changes to WA’s sexual harassment laws are a significant victory for medical professionals, placing stronger obligations on employers and offering better protection for those who experience harassment. 

However, laws alone are not enough. Doctors must actively enforce these rights and demand that hospital administrations and private employers meet their obligations. Through collective advocacy, AMA members can ensure these reforms lead to real cultural change, making workplaces safer and more respectful for all.