Harassment Act In Australia: Essential Guide For Employers

Creating a safe, respectful and productive workplace isn’t just good culture-it’s the law. If you’re running a café, scaling a tech startup, or managing a national team, you have clear legal duties to prevent harassment and protect your people from harm.

You might have heard references to a “Harassment Act” in Australia. In reality, there isn’t one single law. Workplace harassment is regulated through a combination of federal and state legislation-covering discrimination, sexual harassment, bullying, and work health and safety-each with its own processes and consequences for employers.

In this guide, we’ll explain what “harassment” means in practice, which laws apply to Australian workplaces, where your responsibilities begin and end, and the practical steps to put robust policies and systems in place. We’ll also correct a few common misconceptions, so you can move forward confidently and compliantly.

Let’s break it down.

What Counts As Harassment Under Australian Law?

“Harassment” is an umbrella term used in everyday conversation, but different laws use more precise concepts. In the workplace context, unlawful conduct generally captures three broad categories:

• Sexual harassment: unwelcome sexual conduct (for example, sexual advances, requests for sexual favours, suggestive comments or conduct) where a reasonable person would expect the behaviour to offend, humiliate or intimidate.
• Discrimination and harassment on protected grounds: conduct connected to a protected attribute (such as sex, pregnancy, race, age, disability, religion, sexual orientation, gender identity or intersex status) that disadvantages, demeans or targets someone because of that attribute.
• Bullying at work: repeated unreasonable behaviour towards a worker or group that creates a risk to health and safety. A single, very serious incident can also breach health and safety duties.

Harassment can be verbal, physical, visual or online. It includes:

• Insults, slurs, threats, or derogatory jokes
• Unwanted touching, blocking someone’s path or intimidating body language
• Sexually explicit messages or images, suggestive comments or persistent unwelcome attention
• Excluding or isolating someone from work activities or opportunities
• Offensive emails, texts, group chats, social media or shared images (including outside business hours where work is affected)

Intent is not the test. If the behaviour is unwelcome and would reasonably be expected to offend, humiliate or intimidate, it can still be unlawful even if the person says they “didn’t mean it.”

Which Laws Apply To Harassment In Australian Workplaces?

There’s no single “Harassment Act”. Instead, several laws work together to prohibit harassment and set out employer obligations. Here’s how they fit.

1) Sex Discrimination Act 1984 (Cth) and the Positive Duty

The Sex Discrimination Act makes sexual harassment and certain other conduct (including creating a hostile workplace on the ground of sex) unlawful. Importantly, following the Respect@Work reforms, there is now a positive duty on employers and other duty holders to take reasonable and proportionate measures to eliminate, as far as possible, sexual harassment, sex-based harassment and hostile work environments on the ground of sex.

The Australian Human Rights Commission (AHRC) monitors compliance with this positive duty. The AHRC can conduct inquiries, issue compliance notices, accept enforceable undertakings and apply to a court to enforce those notices. While the AHRC facilitates complaints and conciliations, it does not generally “prosecute” harassment claims on behalf of workers. Where resolution isn’t reached, an affected person may commence proceedings in the Federal Court or Federal Circuit and Family Court.

2) State and Territory Anti-Discrimination Laws

Each state and territory also has anti-discrimination legislation covering a wide range of protected attributes and providing complaint pathways through local commissions or tribunals. These laws frequently cover harassment connected to protected attributes beyond sex (e.g. race or disability harassment).

3) Work Health and Safety (WHS) Laws

WHS laws require persons conducting a business or undertaking (PCBUs) to ensure, so far as is reasonably practicable, the health and safety of workers. Psychosocial hazards-including bullying, sexual harassment and hostile behaviour-must be identified and controlled like any other safety risk. Regulators can investigate and issue improvement or prohibition notices, and serious contraventions can attract significant penalties.

4) Fair Work Act 2009 (Cth) and the Fair Work Commission (FWC)

• Stop-bullying orders: Workers who are bullied at work can apply to the FWC for orders to stop the bullying. The FWC can make preventative orders but does not award compensation in bullying matters.
• Sexual harassment jurisdiction: The FWC can deal with sexual harassment disputes, including making stop sexual harassment orders. The Commission can also arbitrate and make binding orders (including compensation) if the parties agree to arbitration; otherwise, compensation claims proceed through the federal courts.
• General protections and unfair dismissal: Adverse action or termination linked to protected attributes or workplace rights may be pursued under general protections or unfair dismissal pathways.

In short: there is no single “harassment law,” but a framework of overlapping obligations. As an employer, your safest approach is to treat harassment as both a legal compliance and a WHS risk management issue.

What Are Employers’ Duties-and Where Do They Start?

Employers must take proactive, reasonable and proportionate steps to prevent harassment and protect workers from psychosocial harm. This goes beyond reacting to complaints. Think prevention, early intervention and clear accountability.

At a minimum, expect to:

• Create, implement and enforce clear Workplace Policy settings that prohibit harassment, outline standards of conduct and explain reporting options
• Train leaders and staff on acceptable behaviour, reporting pathways and bystander responsibilities
• Identify harassment risks as part of your WHS processes and implement control measures (e.g. supervision, training, communication protocols, escalation steps)
• Respond promptly to concerns, ensure a fair process, and support the wellbeing of those involved
• Take proportionate action where misconduct is substantiated, in line with your contracts and policies

These steps align with your WHS duty and the positive duty under the Sex Discrimination Act. They also support your general duty of care as an employer to keep people safe at work.

Step-By-Step: A Practical Compliance Plan

1) Set Standards With Clear Policies

Publish a plain-English code of conduct and anti-harassment content within your overarching Workplace Policy or staff handbook. Spell out unacceptable behaviour, examples, reporting options, protections against victimisation, and how matters will be handled.

Make sure policies apply to employees, contractors, labour hire workers, volunteers and visitors where relevant. Harassment often occurs across mixed workforces, so coverage matters.

2) Embed Training And Communication

Run regular training for managers and staff. Cover respectful behaviours, bystander action, reporting pathways, confidentiality and fair process. Induct new starters, refresh regularly and tailor examples to your workplace.

Because harassment risks often arise from poor communication norms, it’s smart to reinforce expectations around workplace communication and professional conduct across meetings, email, messaging apps and social platforms.

3) Create Safe Reporting Channels

Offer multiple avenues to raise concerns (e.g. managers, HR, anonymous inbox or external hotline). Make it easy to report without fear of retaliation. Confirm next steps quickly and manage confidentiality appropriately.

4) Manage Incidents Fairly And Promptly

Take every report seriously. Conduct a proportionate, trauma-informed process-this may be a preliminary inquiry or a full investigation depending on the allegation. Ensure procedural fairness for all parties, keep good records and provide updates.

Where there’s a potential safety risk, consider temporary measures while you assess, such as alternative duties or, in some cases, suspending an employee pending investigation. Any precautionary step should be reasonable, documented and consistent with your policies and contracts.

5) Take Appropriate Outcomes And Support Wellbeing

If allegations are substantiated, decide on proportionate action: coaching, warnings, changes to duties, or termination in serious cases. Use a consistent framework and reference your contract and policy settings. It’s often appropriate to issue a formal response letter; our guide to show cause letters explains how these work.

Don’t forget worker wellbeing-harassment can trigger or aggravate mental health conditions. Employers have obligations regarding psychological safety; see your Fair Work obligations regarding employee mental health and ensure support is in place.

6) Review, Measure And Improve

Set an annual cadence to review policies, training and incident data. Engage staff in improvement, address recurring hotspots (for example, after-hours functions or messaging platforms) and update your controls as you grow or change ways of working (e.g. remote or hybrid arrangements).

What Legal Documents Should You Have In Place?

Good paperwork won’t stop every incident-but it is critical evidence that you’ve taken reasonable and proportionate steps to prevent and respond to harassment. Consider the following:

• Workplace Policy / Staff Handbook: your central source of truth for conduct standards, reporting channels, confidentiality, investigation process and non-retaliation expectations. A well-drafted Workplace Policy makes expectations clear for everyone.
• Employment Contracts: embed obligations to comply with policies, set out disciplinary processes and reserve management rights to direct duties and working arrangements. Start with a solid Employment Contract for each role type.
• Staff Handbook Package: where you need a suite of policies (e.g. code of conduct, bullying/harassment, grievance procedure, social media, email/IT use, WHS and privacy), a consolidated Staff Handbook Package can keep everything consistent and easy to roll out.
• Investigation and Outcome Templates: consistent letters and checklists improve procedural fairness and record-keeping. For serious matters, your Employee Termination Documents Suite supports lawful decision-making at the end of a process.
• Communication Protocols: clarify acceptable use of email, messaging and collaboration tools, and incorporate online conduct rules. Pair this with training and periodic reminders about respectful workplace communication.

Tailor documents to your size and risk profile. Off-the-shelf templates rarely reflect the nuances of your industry, work patterns or technology use, which is where bespoke drafting and advice can make a real difference.

Responding To A Complaint: Key Dos And Don’ts

If a concern lands on your desk, act quickly and proportionately. Here’s a simple framework to help you make good decisions.

Do

• Acknowledge the complaint early and explain next steps
• Risk-assess for immediate safety and consider reasonable interim measures
• Choose an investigator with the right skills and independence (internal or external)
• Follow a fair process: give everyone the chance to respond, keep an open mind, test the evidence
• Document your reasoning and outcomes carefully
• Offer appropriate support services and consider any adjustments for affected workers

Don’t

• Ignore or downplay concerns, even if they seem minor
• Delay to the point where evidence is lost or risks escalate
• Pre-judge the outcome or rely on gossip
• Breaching confidentiality unnecessarily-share information on a need-to-know basis
• Overlook psychological hazards; harassment is a WHS issue as much as a conduct issue

Where allegations are serious, you may need to consider temporary adjustments to duties or, in some cases, suspension on pay while you investigate. Make sure any interim step is reasonable and consistent with your policies and contracts (see our guide on suspending an employee pending investigation for more detail).

What Are The Consequences If You Don’t Comply?

Failing to prevent or respond to harassment can trigger multiple risks:

• Regulatory enforcement: WHS regulators can investigate psychosocial hazards and issue notices or commence prosecutions. The AHRC can take action to enforce the positive duty via compliance notices.
• Civil claims: Workers can bring discrimination or sexual harassment claims through federal or state systems, and seek compensation in court. The FWC can make stop-bullying or stop sexual harassment orders and may arbitrate by consent.
• Employment disputes: Unfair dismissal or general protections claims may follow poor process or adverse action.
• Reputational damage: Trust is hard to rebuild after a public incident. Clear standards and consistent action protect your culture and your brand.

The most effective legal defence is prevention: strong policies, regular training, timely responses and well-kept records. These demonstrate that you took reasonable and proportionate steps-now expected under the positive duty framework.

Key Takeaways

• There’s no single “Harassment Act” in Australia. Workplace harassment is regulated by a mix of discrimination laws, WHS duties and Fair Work processes.
• Employers now have a positive duty under the Sex Discrimination Act to take reasonable and proportionate measures to eliminate sexual harassment, sex-based harassment and hostile work environments.
• Bullying is managed through the Fair Work Commission’s stop-bullying and stop sexual harassment orders; compensation for harassment typically flows through courts (or FWC arbitration by consent).
• Prevention is essential: clear policies, training, safe reporting, fair investigations and proportionate outcomes are core compliance steps.
• Put the right documents in place from day one, including a comprehensive Workplace Policy, strong Employment Contract terms and a practical Staff Handbook.
• Treat harassment as both a legal compliance and a WHS risk issue-manage psychosocial hazards like any other safety risk and support mental health at work.

If you’d like a consultation on managing harassment risks in your workplace, you can reach us at 1800 730 617 or team@sprintlaw.com.au for a free, no-obligations chat.