Alex is Sprintlaw’s co-founder and principal lawyer. Alex previously worked at a top-tier firm as a lawyer specialising in technology and media contracts, and founded a digital agency which he sold in 2015.
Which Policies Do Australian Businesses Commonly Use?
- 1) Code Of Conduct (Recommended For All)
- 2) Bullying, Harassment And Discrimination (Strongly Recommended)
- 3) Leave And Attendance (Recommended)
- 4) WHS / Safety (Risk‑Based Priority)
- 5) Privacy And Data Handling (Risk‑Based, Often Essential In Practice)
- 6) IT, Cyber Security And Acceptable Use (Increasingly Essential)
- 7) Grievances And Complaints (Recommended)
- 8) Remote And Flexible Work (As Needed)
- 9) Industry‑Specific Policies (Where Required)
- Legal Documents That Support Your Policies
- Key Takeaways
Running a business in Australia is exciting, but it also comes with responsibility. Clear, well‑designed policies and procedures help you run consistently, manage risk, and support a positive workplace culture.
You don’t need a policy for everything, and not all policies are legally mandatory. But the right set-tailored to your size, industry and risks-can prevent problems, streamline decisions and show you’re serious about compliance.
In this guide, we’ll explain what policies and procedures are, how they help your team day to day, what’s commonly used in Australian workplaces, and how to roll them out the right way. We’ll also cover where the law actually requires things and where it’s simply smart practice.
What Are Policies And Procedures?
Policies set your business’ position on an issue-like conduct, leave, safety, privacy or tech use. They answer “what do we do and why?”.
Procedures are the step‑by‑step “how to” that put those policies into action-who does what, in what order, and where to record it.
Together, they create a simple roadmap so owners, managers and employees handle recurring situations the same way, every time.
Why This Matters In Practice
- Consistency: Staff know what’s expected, so there’s less confusion and fewer one‑off decisions.
- Risk management: Clear steps reduce mistakes and help you respond quickly if something goes wrong.
- Culture and trust: People perform better when expectations are transparent and fair.
- Onboarding and training: New starters get up to speed faster with a single source of truth.
- Operational efficiency: Fewer escalations and faster decisions mean more time for growth.
Why Do Policies And Procedures Matter In Australian Workplaces?
Australia’s legal landscape is detailed around employment, safety, privacy and fair trading. Policies won’t replace the law-but they help you embed those obligations in daily operations.
Legal Compliance (Without The Myths)
- Employment and Fair Work: You must comply with the Fair Work Act, any applicable awards and workplace health and safety duties. While the law doesn’t always mandate that you have a written policy (it depends on the topic, size and risk profile), having policies around conduct, bullying/harassment, leave approvals and investigations makes it easier to meet those duties and demonstrate fair processes.
- Privacy: Not every business is an “APP entity” under the Privacy Act 1988. Generally, the Act applies if your annual turnover exceeds $3 million, or you fall into a specific category (for example, you provide health services or trade in personal information). There’s also an employee records exemption for some personal information held by private sector employers in the employment context. That said, many SMEs still adopt a Privacy Policy and data handling procedures as good practice, especially if they operate online or collect customer data.
- Consumer Law: If you sell goods or services, you must follow the Australian Consumer Law (ACL). Documented practices for refunds, warranties and advertising help frontline staff apply the rules consistently. For complex issues, it can be helpful to get support from a Consumer Law specialist.
- Industry‑Specific Rules: Regulated sectors (for example, healthcare, financial services or childcare) often require documented policies to hold or maintain a licence. Always check your regulator’s guidelines.
Key point: policies don’t grant you a legal “defence” on their own-but they are strong evidence that you take reasonable steps and manage risks proactively.
Which Policies Do Australian Businesses Commonly Use?
The “right” policies depend on your risks, team size and industry. Here’s a practical list many Australian SMEs consider, with notes on when they’re essential versus recommended.
1) Code Of Conduct (Recommended For All)
Sets expectations for professional behaviour, conflicts of interest, respectful communication and representing the brand (including social media). It’s the foundation other policies build on.
2) Bullying, Harassment And Discrimination (Strongly Recommended)
Explains unacceptable conduct, how to report issues, and how you’ll handle complaints. While a written policy isn’t always mandated, it’s a key tool for preventing unlawful behaviour and demonstrating you respond fairly.
3) Leave And Attendance (Recommended)
Outlines requesting and approving annual leave, personal/carer’s leave, unpaid leave and what to do for unplanned absences. This supports award and National Employment Standards compliance and sets expectations for notice and evidence.
4) WHS / Safety (Risk‑Based Priority)
All businesses have a duty to provide a safe workplace. Depending on your hazards and headcount, you may formalise a WHS policy, risk registers, incident reporting and training procedures. The higher the risk (for example, construction, warehousing), the more detailed your documentation should be.
5) Privacy And Data Handling (Risk‑Based, Often Essential In Practice)
Even when the Privacy Act doesn’t strictly apply, customers expect transparency about data. Many SMEs implement a Privacy Policy, internal data handling rules and a Data Breach Response Plan so the team knows how to respond quickly if there’s an incident.
6) IT, Cyber Security And Acceptable Use (Increasingly Essential)
Defines how staff use email, passwords, devices, AI tools and cloud systems, and how you protect business and customer information. An Acceptable Use Policy pairs well with simple procedures for access control, backups and incident response.
7) Grievances And Complaints (Recommended)
Explains how staff (and sometimes customers) can raise issues and how you’ll resolve them. Clear steps reduce conflict and keep matters proportionate and timely.
8) Remote And Flexible Work (As Needed)
Sets expectations for working from home, availability, WHS considerations and how equipment and expenses are handled.
9) Industry‑Specific Policies (Where Required)
For example, food safety, mandatory reporting, clinical governance or licensing obligations. Check your regulator or peak body for any mandatory content or templates.
If you’re not sure what your business really needs right now, a quick legal health check is a helpful way to prioritise.
How Do You Roll Out And Maintain Policies The Right Way?
A policy no one reads won’t help. Keep it practical, visible and aligned to how you actually operate.
Step 1: Tailor, Don’t Copy
Start with the risks your team faces day‑to‑day and write in plain English. Align to your values and any relevant legal duties. If you need a hand codifying this, a short engagement to develop a core Workplace Policy suite can save a lot of time.
Step 2: Keep Everything In One Place
Make policies easy to find-ideally in a concise Staff Handbook (digital works well). Link procedures, forms and contact points so people can follow the steps without hunting for information.
Step 3: Induct And Train
Introduce key policies during onboarding, and run short refreshers for higher‑risk topics like safety, privacy and anti‑bullying. Use scenarios relevant to your workplace so it sticks.
Step 4: Review And Update
Set a review cycle (for example, annually, or when laws or operations change). Keep version control simple and tell staff what’s changed.
Step 5: Lead By Example
Managers should follow the same rules as everyone else. When a breach occurs, use your procedure consistently-this builds trust and reduces claims of unfair treatment.
Legal Documents That Support Your Policies
Policies work best alongside clear contracts and a few core legal documents. Which ones you need depends on how you operate, but many SMEs consider the following.
- Employment Contract: Sets out duties, hours, pay, confidentiality and how policies apply to staff. Use the correct template for full‑time, part‑time or casual roles.
- Staff Handbook: A single, accessible home for your core policies and procedures so everyone is working from the same playbook.
- Privacy Policy: Explains how you collect, use and store personal information. Essential for most online businesses and expected by customers, even where not strictly required by the Privacy Act.
- Data Breach Response Plan: A short, practical checklist your team can follow if there’s a suspected data incident.
- Acceptable Use Policy: Sets rules for using devices, networks, email and apps, reducing cyber risk.
- Refunds And Complaints Processes: Not a single document, but your customer‑facing terms and internal workflows should align with the ACL so staff handle issues consistently.
Depending on your model, you might also need supplier agreements, client terms, NDAs, or founder documents like a shareholders agreement. Building the right suite early can prevent most everyday disputes from ever arising.
What’s Legally Required Vs Simply Smart Practice?
It’s helpful to separate legal must‑haves from good‑to‑haves, so you focus effort where it matters most.
Generally Required (Subject To Your Context)
- Complying with WHS duties, and documenting safety controls proportionate to your risk profile.
- Meeting Fair Work obligations (awards, NES, record‑keeping). Written policies aren’t always mandatory, but they strongly support compliance.
- Following the ACL for refunds, warranties and advertising (your internal processes should reflect this).
- Privacy compliance if you’re an APP entity (or otherwise captured), plus prudent data governance for all businesses that handle personal information.
Smart Practice (Often Expected By Staff And Customers)
- Having a clear Code of Conduct and grievances process to support culture and fair decision‑making.
- IT, cyber and acceptable use rules that match how your team actually works.
- Publishing simple customer‑facing terms and internal procedures to keep service consistent.
The line can shift as you grow. As headcount, revenue or risk increases, the case for formalising policies becomes stronger.
Key Takeaways
- Policies set the “what and why”, procedures set the “how”-together they create consistent, low‑risk operations.
- Not all policies are legally mandatory, but many are strongly recommended and some are expected in regulated industries.
- Privacy law isn’t universal-APP entities and certain activities are captured-but a practical Privacy Policy and data procedures are smart practice for most SMEs.
- Align your documents with real‑world workflows: keep them in a single Staff Handbook, induct staff and revisit them regularly.
- Support policies with contracts and core documents like an Employment Contract, Data Breach Response Plan and Acceptable Use Policy.
- When in doubt, prioritise risk: safety, fair treatment, consumer obligations and data handling should be your first focus areas.
If you’d like a consultation about creating or updating policies and procedures for your Australian business, you can reach us at 1800 730 617 or team@sprintlaw.com.au for a free, no‑obligations chat.








