Creating An Anti-Discrimination And Harassment Policy: Australian Employer’s Guide

Every Australian employer wants a workplace that feels safe, fair and respectful. Beyond being the right thing to do, creating that kind of culture is a key part of your legal responsibilities and your risk management.

A clear Anti‑Discrimination and Harassment Policy helps you set expectations, prevent issues, and handle complaints properly if they arise. It also forms part of the “reasonable steps” regulators expect you to take - and, for sex discrimination and sexual harassment, it supports the positive duty now imposed on employers.

In this guide, we’ll walk through what a strong policy looks like in Australia, how the law applies, practical steps to draft and roll it out, the supporting documents you should have in place, and how to manage complaints fairly. By the end, you’ll have a straightforward plan to protect your people and your business.

What Is An Anti‑Discrimination And Harassment Policy?

An Anti‑Discrimination and Harassment Policy is a written document that states your organisation’s zero‑tolerance stance on unlawful discrimination and harassment, explains what these behaviours look like in practice, and sets out a clear process for reporting and resolving concerns.

Put simply, it’s your roadmap for respectful conduct at work. It applies across your entire workplace - employees, contractors, labour‑hire workers, volunteers and visitors - and it should cover every setting where work happens, including off‑site locations, client premises, work‑related events, and online or remote environments.

While there isn’t a blanket rule in Australia that says every business must have a policy in writing, having a tailored, accessible policy is widely recognised as part of taking reasonable and proportionate steps to prevent discrimination, harassment and victimisation. It also helps you show you’re meeting your positive duty to take proactive measures to eliminate sex discrimination and sexual harassment “as far as possible”.

If you’re putting your suite of policies together, it can sit within a broader workplace policy framework alongside your code of conduct, complaints procedure and WHS policies.

What Are Your Legal Obligations In Australia?

Australian employers must comply with both federal and state or territory laws that prohibit discrimination and harassment and require safe systems of work. Key obligations include:

• Federal anti‑discrimination laws: The Sex Discrimination Act 1984 (Cth), Racial Discrimination Act 1975 (Cth), Disability Discrimination Act 1992 (Cth) and Age Discrimination Act 2004 (Cth) each prohibit unlawful discrimination, harassment and victimisation on protected grounds.
• Positive duty to prevent sexual harassment and discrimination: Amendments following the Respect@Work reforms introduced a positive duty on employers to take reasonable and proportionate measures to eliminate, as far as possible, sex discrimination, sexual harassment and related victimisation. The Australian Human Rights Commission (AHRC) can monitor and enforce this duty.
• Work Health and Safety (WHS): Psychological health is part of WHS. Bullying, harassment and hostile conduct can create psychosocial risks, and you must take steps to eliminate or minimise those risks.
• Fair Work system protections: The Fair Work Act 2009 (Cth) provides general protections (adverse action), workplace bullying remedies and other employment rights that may be engaged when issues arise.
• State and territory laws: Each jurisdiction has its own anti‑discrimination legislation and complaint avenues (for example, NSW’s Anti‑Discrimination Act 1977).

What does this mean in practice? You’re expected to be proactive: identify risks, set and communicate standards, train your people, provide safe reporting options, address issues quickly and fairly, and review what’s working. A robust policy is one of the easiest ways to demonstrate those steps.

If a complaint is made, employees may pursue options through internal procedures, the AHRC, state or territory bodies, or (in relevant cases) the Fair Work Commission. Managing risks and processes well can reduce the likelihood of formal claims and help you respond effectively if they arise. If you do face a complaint, it’s worth getting advice from an employment lawyer early, especially where there’s potential exposure to workplace harassment claims.

What To Include In Your Anti‑Discrimination And Harassment Policy

Your policy should be clear, practical and tailored to your workplace. Aim for plain English so everyone can understand what’s expected. Core elements to cover include:

• Statement of commitment: A clear message from leadership that unlawful discrimination, harassment and victimisation will not be tolerated in any form.
• Definitions with examples: Explain discrimination (direct and indirect), harassment (including sexual harassment), bullying and victimisation. Use everyday examples (e.g. offensive jokes, unwanted physical contact, exclusion on protected grounds, repeated unreasonable behaviour) so there’s no ambiguity.
• Scope and coverage: Who is covered (employees, contractors, labour‑hire workers, volunteers, clients/visitors) and where the policy applies (on‑site, off‑site, online, social events connected to work).
• Standards of behaviour: Core expectations for professional conduct, respectful communication, use of technology and social media, and bystander responsibilities.
• Rights and responsibilities: Outline what’s expected of everyone, with additional responsibilities for managers (e.g. modelling behaviour, acting on concerns, supporting complainants, maintaining confidentiality).
• Reporting options: Confidential channels for raising concerns (informal and formal), with multiple contact points and the ability to escalate outside the direct chain of command.
• Complaint handling process: A step‑by‑step approach for acknowledging, triaging, assessing and resolving concerns, including timeframes, confidentiality, procedural fairness and potential outcomes.
• Interim and support measures: Practical supports such as EAP access, adjustments to reporting lines or rosters, paid leave for participants, or no‑contact directions while matters are reviewed.
• Consequences for breaches: Possible outcomes proportionate to the conduct (coaching or warnings through to disciplinary action or termination).
• Record‑keeping and privacy: How you’ll securely store information and limit access to those who need to know, consistent with your Privacy Policy.
• Training and review: A commitment to regular, targeted training for staff and managers, and periodic policy reviews to ensure it stays current and effective.

Keep the tone firm but supportive. You want people to feel safe reporting issues early, confident they will be heard, and clear on what will happen next.

Step‑By‑Step: Draft, Roll Out And Enforce Your Policy

1) Understand Your Risks And Workforce

Start with a quick risk snapshot. Consider your industry, locations (including remote or client sites), rostering patterns (e.g. late‑night or isolated work), workforce mix (contractors, casuals, labour‑hire) and any past themes from complaints or exit feedback.

Those insights will help you tailor definitions, examples, reporting channels and control measures that actually work in your context.

2) Draft In Plain English (And Tailor It)

Use clear, direct language and align the policy with your organisational values, other policies and your WHS approach to psychosocial hazards. If you adapt a template, make sure you customise it for your structure, roles and risk profile rather than relying on generic wording.

It’s common to publish the final version in your Staff Handbook so it sits alongside your code of conduct and complaint process. If you don’t have one yet, consider packaging your policies in a practical, accessible Staff Handbook.

3) Involve Leaders And Key Stakeholders

Consult early with managers and HR. They’ll stress‑test how reporting will work in practice, identify any gaps and help secure buy‑in from the wider team. If you have worker representatives or HSRs, engage them as well.

4) Establish Safe Reporting Channels

Provide at least two reporting avenues - for example, a manager and HR - plus an option to report to a senior leader or an external channel if needed. Make it easy to raise concerns informally and formally, and allow anonymous reports where practicable.

5) Train Your Team (Not Just Once)

Training is essential to meet your positive duty and your WHS obligations. Induct new starters, refresh existing staff, and run targeted sessions for leaders so they know how to identify risks, respond to concerns and make referrals. For more on employer responsibilities in this area, see training employees in Australia.

6) Communicate And Embed

Publish the policy where it’s easy to find (intranet, onboarding materials, shared drives) and call it out during team meetings and one‑on‑ones. Reinforce your standards in performance reviews and leadership messaging so the policy lives beyond the document.

7) Respond Quickly And Fairly

When a concern is raised, acknowledge it promptly. Triage the issue, put interim supports in place if needed, and decide on the most suitable process (e.g. local resolution, facilitated conversation, or a formal investigation). Keep parties informed and ensure procedural fairness for everyone involved.

8) Review And Improve

Track themes, timeframes and outcomes (in a de‑identified way where appropriate). Use what you learn to adjust training, supervision, resourcing or the policy itself. An annual review is a good default, with earlier updates if the law changes or your business grows or restructures.

Supporting Documents And Processes To Have In Place

Your policy works best when it’s supported by clear contracts, companion policies and practical procedures. Consider the following:

• Employment Contract: Reference your policies and standards of conduct in each Employment Contract so expectations are clear from day one.
• Staff Handbook: Pull core policies into one accessible place. A tailored Staff Handbook helps with consistency and onboarding.
• Privacy Policy: Investigations involve sensitive information. A compliant Privacy Policy explains how you collect, use and store personal information, including during complaints.
• Workplace Policy framework: Align related policies (code of conduct, social media, IT use, grievance and whistleblowing). If you’re building out your suite, a cohesive workplace policy approach keeps things consistent.
• Training plan: Document your induction and refresher schedule, including manager training. Keep attendance records and content summaries.
• Complaint handling procedure: A step‑by‑step process document that sits behind your policy, with triage guidance, template acknowledgements and record‑keeping standards.
• Termination and performance tools: Where conduct amounts to serious misconduct, you may need a fair, documented process. Many employers keep a practical termination documents suite on hand for these scenarios.

Not every business needs everything from day one, but most employers will benefit from several of the above. If you’re unsure what fits your size and risk profile, a quick chat with an employment lawyer can help you prioritise.

How To Handle Complaints Fairly And Lawfully

Even with the best culture, concerns will arise from time to time. A fair, consistent process protects everyone involved and reduces legal and cultural risk.

Make It Safe To Speak Up

Encourage early reporting and assure workers that complaints will be taken seriously, handled confidentially as far as possible, and that victimisation is prohibited. Offer multiple reporting pathways and support people to choose what feels safest.

Act Promptly And Proportionately

Acknowledge reports quickly and decide on the right pathway. Some issues resolve best through local action or a facilitated discussion; others require a formal investigation. Consider interim measures to protect psychological safety (e.g. temporary reporting line changes or no‑contact directions).

Ensure Procedural Fairness

Give respondents a fair chance to understand the allegations and respond, avoid conflicts of interest in decision‑making, and document your process and reasons. If the matter is particularly complex or sensitive, consider engaging an external investigator.

Protect Privacy And Keep Good Records

Limit information to those who need to know and store records securely in line with your Privacy Policy. Keep de‑identified trend data so you can improve training and controls without compromising confidentiality.

Close The Loop And Follow Up

Communicate outcomes to parties appropriately and check in on wellbeing and working arrangements after resolution. Use any lessons learned to refine your policy, training or management practices.

Key Takeaways

• A tailored Anti‑Discrimination and Harassment Policy is a practical way to set standards, prevent harm and meet your legal obligations in Australia.
• Employers now have a positive duty to take reasonable and proportionate measures to eliminate sex discrimination and sexual harassment, supported by proactive steps such as clear policies, training and safe reporting channels.
• Your policy should define unacceptable conduct with plain‑English examples, explain rights and responsibilities, outline confidential reporting options, and set out a fair complaint process and consequences.
• Rollout matters: train staff and managers regularly, communicate widely, respond promptly to concerns, and review what’s working.
• Support the policy with the right documents - an Employment Contract, Staff Handbook, Privacy Policy and a coherent workplace policy framework.
• If issues arise, a fair, well‑documented response reduces legal and cultural risk - and getting early input from an employment lawyer can make the process smoother.

If you’d like a consultation on setting up your Anti‑Discrimination and Harassment Policy, you can reach us at 1800 730 617 or team@sprintlaw.com.au for a free, no‑obligations chat.