Creating an Anti-Harassment Policy: Employer’s Legal Guide in Australia

Creating a safe, respectful workplace isn’t just good management - it’s a legal and ethical responsibility for every Australian employer. A clear, well-implemented anti-harassment policy helps prevent harm, sets expectations, and shows you’re taking reasonable steps to protect your people.

It can be hard to know exactly what to include, how the policy fits with your broader obligations, and which supporting documents you’ll need. In this guide, we’ll break it down in plain English so you can put a practical policy in place and roll it out with confidence.

We’ll cover when a policy is legally expected, the key Australian laws to consider, what to include, a step-by-step rollout plan, and the essential documents that support your policy day to day.

Why An Anti-Harassment Policy Matters

Let’s start with the legal position. In most cases, having a written anti-harassment policy isn’t expressly mandated by a single statute. However, employers have broad duties under Australian law to provide a workplace free from harassment and psychological harm. In practice, a clear, accessible policy - backed by training and enforcement - is one of the strongest “reasonable steps” you can take to meet those duties.

Here’s why a policy is so important:

• Demonstrating “reasonable steps”: If a complaint or claim arises, an up-to-date policy, training records and consistent enforcement help show you acted reasonably to prevent and address unlawful conduct.
• Meeting the Sex Discrimination Act “positive duty”: Recent Respect@Work reforms introduced a positive duty requiring employers to take reasonable and proportionate measures to eliminate sex discrimination, sexual harassment and victimisation, as far as possible. A policy is a core element of a compliant framework, alongside risk assessment, training, leadership and reporting processes.
• Work health and safety (WHS): Psychological safety forms part of your duty of care. Proactively managing harassment and bullying risks supports your WHS obligations and your overall duty of care as an employer.
• Culture and productivity: People do their best work when they feel safe and respected. A clear policy sets expectations, encourages early reporting and helps issues get resolved before they escalate.

Bottom line: while the law doesn’t always say “you must have a policy,” regulators expect employers to take concrete, preventive action. A practical policy - paired with training and consistent action - is one of the most effective ways to do that.

What Laws Apply In Australia?

Several key laws govern harassment, bullying and discrimination at work. Understanding how they fit together will help you tailor your policy and processes.

• Sex Discrimination Act 1984 (Cth): Prohibits sexual harassment and sex-based harassment. The Respect@Work reforms added a positive duty on employers to take reasonable and proportionate measures to eliminate this conduct, as far as possible.
• Fair Work Act 2009 (Cth): Provides protections against unlawful adverse action and enables stop-bullying and stop-sexual-harassment orders via the Fair Work Commission.
• Work Health and Safety (WHS) laws: State and territory WHS legislation requires you to manage risks to health and safety - including psychosocial hazards like bullying, harassment and violence - so far as is reasonably practicable.
• Federal and state/territory anti-discrimination laws: These prohibit discrimination and harassment on protected grounds (for example, sex, race, age, disability, sexual orientation, gender identity, and others). Your policy should clearly reflect these protections.
• Privacy and records: When handling complaints, investigations and outcomes, you’ll often collect sensitive personal information. Many small businesses under the federal Privacy Act threshold may be exempt, but exemptions can be narrow, and employee records held by a national system employer are exempt only when directly related to the employment relationship and managed appropriately. A clear approach to confidentiality and a suitable Privacy Policy remain best practice.

Regulators and tribunals look at your entire framework - leadership, risk assessment, training, reporting, response and outcomes - not just a standalone policy. Treat your anti-harassment policy as part of a broader prevention and response system.

What Should Your Anti-Harassment Policy Include?

Your policy should be easy to understand, practical to use and tailored to your workplace. Aim to cover the following core elements.

1) Purpose And Commitment

Open with a clear statement that your business is committed to a safe, respectful, inclusive workplace and will not tolerate harassment, bullying, discrimination or victimisation. Link the policy to your WHS and positive duty obligations.

2) Scope - Who And Where It Applies

Confirm the policy applies to everyone who interacts with your business: employees, contractors, labour hire, volunteers, directors, clients and visitors. Make it clear it applies at work, during work-related events, on work travel, online platforms and after-hours interactions connected to work.

3) Definitions With Examples

Explain in plain English what “harassment,” “sexual harassment,” “bullying,” “discrimination” and “victimisation” mean, and include practical examples. Be explicit that conduct can be verbal, physical, visual, written or online, and that “one-off” incidents can still be unlawful.

4) Standards Of Behaviour

Set out expected behaviours (respect, professionalism, bystander responsibility) and unacceptable conduct (slurs, sexual jokes, unwelcome touching, exclusion, humiliating comments, threats, repeated unreasonable behaviour, retaliation and misuse of power or authority).

5) Reporting Options And Confidentiality

Offer multiple reporting pathways (for example, line manager, HR, a senior leader, or an external contact). Explain how to report concerns, what information helps, and how confidentiality will be managed. Promote a “no victimisation” guarantee for good‑faith reports and participation in investigations.

6) Early Support And Interim Safety

Explain immediate support options (EAP, counselling, time off, adjustments to reporting lines or rosters) and how you’ll assess and control risks while a matter is being considered.

7) Investigation Process And Procedural Fairness

Describe when and how concerns will be assessed or formally investigated, who may be involved, expected timeframes, and how you’ll ensure fairness for all parties. Clarify when informal resolution may be appropriate and when a formal process is needed.

8) Outcomes And Consequences

Outline possible outcomes, such as training, coaching, warnings, relocation, changes to supervision, termination of employment or termination of a contractor’s engagement. Note that outcomes depend on the facts and seriousness of the conduct.

9) Training And Communication

Commit to induction and refresher training for all workers and leaders, regular policy updates, and simple access to the policy (for example, intranet and staff handbook). This is a key part of meeting your positive duty and WHS obligations. If you use a central handbook, align this policy with your broader Staff Handbook.

10) Review Cycle And Continuous Improvement

Set a review schedule (at least annually), and explain you’ll update the policy after relevant incidents, risk assessments, or legal and regulator guidance changes.

Step-By-Step: Drafting And Rolling Out Your Policy

Step 1: Map Your Legal Duties And Risks

Consider your workforce, locations, customer interactions and industry-specific risks. Factor in remote work, lone work, client homes, late-night shifts, events, travel and online channels. Identify hotspots for harassment or bullying and what control measures you’ll implement.

Step 2: Draft In Plain English

Use simple, direct language so everyone understands the policy. Keep examples relevant to everyday scenarios in your business. Cross-reference other policies (for example, code of conduct, social media, complaints or WHS) to avoid conflicts. If you’d like help aligning everything, we can support you with a tailored workplace policy suite.

Step 3: Consult And Secure Leadership Buy‑In

Share the draft with leaders and, where appropriate, staff or health and safety representatives. Leaders should model the standards and be engaged in the rollout - tone from the top matters.

Step 4: Train Managers And Staff

Run manager training first so leaders understand their obligations, how to receive reports and how to escalate concerns. Then train all workers at induction and regularly thereafter. Consider role-based modules (for example, supervisors vs frontline staff). Keep attendance records and acknowledgements.

Step 5: Launch, Communicate And Make It Easy To Find

Publish the policy on your intranet, include it in onboarding and your handbook, and remind staff where it is. Reinforce the message at stand‑ups, toolbox talks and town halls. For remote workers, make digital access simple.

Step 6: Establish Multiple Reporting Pathways

Nominate at least two contacts to avoid conflicts of interest. Consider an external reporting option for added trust. Explain timelines, privacy limits and how you will update parties on progress.

Step 7: Investigate And Act Consistently

Follow your investigation steps, document actions and communicate outcomes as appropriate. Apply consequences consistently. If patterns emerge, update controls (for example, rostering, supervision, or environmental changes) and refresh training.

Step 8: Review And Improve

Schedule annual reviews and post-incident reviews. Use learnings from reports, surveys, exit interviews and WHS risk assessments to improve your approach. As part of your broader wellbeing strategy, align your policy with initiatives that support mental health and the practical Fair Work obligations on mental health.

Essential Workplace Documents To Support Your Policy

Your anti-harassment policy works best when supported by clear contracts and complementary policies. Depending on your size and risk profile, consider the following:

• Employment Contract: Make compliance with conduct and safety policies a condition of employment and set clear standards for behaviour and performance. If you’re hiring or updating terms, ensure each Employment Contract references your policies appropriately.
• Code Of Conduct And Workplace Policies: A coherent policy suite (anti-harassment, bullying, social media, WHS, complaints, IT, bystander expectations) gives staff a single source of truth. A tailored Staff Handbook can house the complete set.
• Privacy Policy: If you collect or store personal information during complaints and investigations (including sensitive information), set out how you’ll handle it in your Privacy Policy and ensure access is appropriately restricted, even if a small business exemption might apply.
• Employee Privacy Handbook: Clarify expectations around emails, IT monitoring, CCTV and access to records. An Employee Privacy Handbook helps staff understand how information is used during a workplace process.
• Training Records And Acknowledgements: Keep proof that staff received the policy, completed training and understood their obligations. Accurate records strengthen your “reasonable steps” position.
• WHS Procedures: Ensure your harassment and bullying controls line up with your WHS risk management processes and incident reporting, consistent with your duty of care.
• Whistleblower Policy (for eligible companies): If you’re a larger entity that must comply with whistleblower laws, a compliant Whistleblower Policy can provide another safe reporting channel in defined circumstances.

If your organisation operates across multiple states or has high public/customer interaction (for example, retail, hospitality, healthcare or education), tailor your policy and training to those risks. For multi-entity groups, ensure consistency across brands and locations.

Practical Tips For A Safer, More Respectful Workplace

• Lead from the front: Senior leaders and supervisors should consistently model respectful behaviour and address issues early - micro‑moments matter.
• Make reporting safe and simple: Provide multiple options, protect confidentiality where possible, and remind staff regularly how to speak up.
• Train for real life: Use scenarios that reflect your workplace, including online conduct, customer interactions and after‑hours events.
• Support early: Offer practical support (EAP, adjustments, leave) and interim safety controls. Quick, empathetic action builds trust.
• Align contracts and policies: Ensure your Employment Contracts, handbooks and workplace policies all speak the same language so there’s no confusion.
• Keep good records: Document training, reports, risk assessments, decisions and outcomes. Clear records support fair processes and regulatory expectations.

Key Takeaways

• An anti-harassment policy isn’t always expressly mandatory, but it’s a key part of the “reasonable and proportionate” steps expected under the Sex Discrimination Act’s positive duty and your WHS obligations.
• Cover purpose, scope, definitions, behavioural standards, reporting options, confidentiality, investigations, outcomes, training and review in clear, practical language.
• Back your policy with training, multiple reporting pathways, consistent investigations and accurate records - regulators look at your whole framework, not just the document.
• Align contracts and policies, including your Employment Contracts, Staff Handbook, Employee Privacy Handbook and Privacy Policy, so expectations are consistent and enforceable.
• Review your policy at least annually and after incidents or legal changes; improve controls and training based on what you learn in practice.
• Getting tailored advice early can help you design a compliant, practical framework that genuinely reduces risk and protects your people.

If you would like a consultation on developing or updating your anti-harassment policy, you can reach us at 1800 730 617 or team@sprintlaw.com.au for a free, no-obligations chat.