How Employers Comply With the Workplace Harassment Act in Australia

Creating a safe, respectful workplace isn’t just good leadership - it’s a legal requirement in Australia. If you’re wondering how to comply with the “Workplace Harassment Act,” here’s the key point up front: there isn’t one single federal Act with that title. Instead, your obligations come from a few key laws that work together to prevent harassment, bullying and discrimination, and to require employers to manage risks to workers’ psychological health.

In this guide, we’ll break down what “workplace harassment” covers, which Australian laws apply, and the practical steps you can take to comply with them. We’ll also highlight the essential policies and documents you should have in place so you can act quickly and fairly when issues arise.

If you’re feeling unsure about where to start, don’t stress - with the right structure, policies and training, you can build a culture that prevents harm and meets your legal obligations.

What Counts As Workplace Harassment In Australia?

Workplace harassment covers a wide range of behaviour that makes a person feel offended, humiliated, intimidated or unsafe - and the conduct doesn’t need to be face-to-face. It can be in person, over the phone, by email, on messaging platforms, or on social media if it’s connected to the workplace.

Common examples include:

• Harassment based on a protected attribute (e.g. sex, race, disability, age, sexual orientation, religion).
• Sexual harassment (unwelcome sexual advances, requests for sexual favours, or other unwelcome sexual conduct).
• Bullying (repeated unreasonable behaviour that creates a risk to health and safety).
• Victimisation (treating someone poorly because they made a complaint or supported one).
• Online or after-hours conduct linked to work that creates a hostile or unsafe work environment.

Not every slight or robust performance discussion will be harassment. However, the threshold is not high where behaviour is unwelcome and would reasonably offend, humiliate or intimidate, and for bullying it must be repeated and unreasonable with a risk to health and safety.

Which Laws Apply (There’s No Single “Workplace Harassment Act”)?

A number of laws set out your duties to prevent and respond to harassment, bullying and discrimination in Australia. Together, they create a clear (and proactive) compliance picture:

• Sex Discrimination Act 1984 (Cth): Prohibits sexual harassment and sex-based harassment. Since late 2023, employers also have a positive duty to take reasonable and proportionate measures to eliminate sexual harassment and related conduct, as far as possible. The Australian Human Rights Commission (AHRC) can inquire into compliance.
• Fair Work Act 2009 (Cth): The Fair Work Commission can make stop-bullying and stop-sexual-harassment orders. The Act also includes general protections against adverse action (e.g. victimising someone for making a complaint).
• Work Health and Safety (WHS) laws: You must ensure, so far as is reasonably practicable, the health and safety of workers - including psychological health. Psychosocial hazards (like bullying, sexual harassment, aggression, and job demands) must be identified and controlled through risk management.
• State and Territory Anti-Discrimination laws: These prohibit harassment and discrimination on various protected attributes (e.g. race, age, disability) and operate alongside federal laws.
• Vicarious liability principles: Employers can be liable for unlawful conduct by employees unless they can show they took all reasonable steps to prevent it (e.g. with clear policies, training, and prompt action on complaints).

In practice, compliance means preventing risks before they arise and responding quickly and fairly when issues are reported. Having a clear, documented system is essential to show you’ve taken “reasonable and proportionate” steps.

A Practical Compliance Framework For Employers

Below is a simple, repeatable framework you can use to meet your legal obligations and build a respectful culture. It mirrors how safety and discrimination regulators expect you to approach risk - plan, prevent, respond, and improve.

1) Set Clear Expectations (Policies and Standards)

Start with a comprehensive Workplace Policy that explicitly prohibits harassment, sexual harassment, discrimination and bullying, and explains how to report concerns. Make sure it covers conduct online and after-hours where it’s connected to work.

Bundle your standards into a practical guide for staff. A plain-English Staff Handbook is a great way to put policies (code of conduct, equal opportunity, WHS, grievance procedure) in one place, so people can actually follow them.

2) Train Everyone (Leaders And Staff)

Policies on their own aren’t enough. Provide regular training for all staff on what harassment looks like, how to be an active bystander, and how to raise concerns. Train leaders on how to receive complaints, manage risks, and avoid victimisation.

3) Enable Safe, Multiple Reporting Channels

Employees should have more than one way to speak up (e.g. manager, HR, anonymous channel). If you’re a larger company or have specific obligations, a confidential Whistleblower Policy can support protected disclosures and reassure staff that concerns will be taken seriously.

4) Assess And Control Psychosocial Risks

WHS laws require you to identify psychosocial hazards (e.g. poor culture, high job demands, aggression, exposure to harassment) and implement controls - like workload planning, safe rostering, supervision, and accessible complaint handling. Document your risk assessments and controls; update them whenever circumstances change.

5) Respond Quickly And Fairly To Complaints

When a complaint is raised, act promptly and impartially. Choose the right response (informal resolution, formal investigation, interim safety controls). Keep both the complainant and respondent informed about the process and expected timelines.

Where allegations are serious, you may need to consider precautionary changes to duties while you investigate. In some cases, performance management processes or other disciplinary measures will be appropriate if allegations are substantiated.

6) Keep Good Records (And Protect Privacy)

Record how complaints were handled, your findings, and any actions taken. Safeguard personal information collected during investigations and only share it with those who need to know. Having an up-to-date Privacy Policy helps you set expectations around confidentiality and handling sensitive information.

7) Review And Improve

Regularly review trends in complaints, training completion rates, and survey feedback. Adjust policies, training and controls based on what you learn. This continuous improvement approach supports your positive duty and WHS obligations - and builds trust across your team.

What Policies, Documents And Contracts Should You Have?

The right documents make your expectations clear and help demonstrate that you’ve taken “reasonable steps” to prevent harassment. Consider putting the following in place (tailored to your business):

• Workplace Policy: A central policy that prohibits harassment, discrimination and bullying, sets behavioural standards, and explains your complaint process. A dedicated Workplace Policy ensures everyone knows the rules and how to get help.
• Staff Handbook: A practical, accessible guide that compiles key policies (code of conduct, equal opportunity, WHS, grievance and disciplinary procedures). A Staff Handbook makes compliance easier for managers and staff.
• Employment Contracts: Written terms that reference your policies, outline standards of conduct and set out consequences for breaches. Use clear, modern agreements for your team, such as an Employment Contract for full-time or part-time employees.
• Privacy Policy: Explains how you handle personal and sensitive information during investigations and HR processes. A current Privacy Policy is essential if you collect staff personal information through digital tools.
• Whistleblower Policy (where applicable): Particularly relevant for larger companies or those covered by the Corporations Act regime, a Whistleblower Policy supports confidential reporting of serious misconduct.
• Performance and Disciplinary Procedures: Clear, fair procedures for managing conduct and performance concerns (referenced in policy and/or contract) help ensure consistent responses and reduce legal risk.

Not every business will need every document, but most will need several of these. The key is to make sure your paperwork reflects how your business actually operates - and that your team knows where to find and follow it.

Handling Complaints: From First Report To Resolution

When someone raises a concern, a consistent and fair process protects the people involved and your business. Here’s a practical roadmap you can adapt:

Step 1: Acknowledge And Stabilise

Thank the person for speaking up, clarify immediate safety concerns and consider interim measures (e.g. separating parties, adjusting shifts, pausing direct contact) while you assess the complaint.

Step 2: Triage The Issue

Decide whether the matter is suitable for an informal approach (e.g. facilitated conversation) or requires a formal investigation. Consider the seriousness of the allegations, any prior incidents, and the wishes of the complainant.

Step 3: Plan And Investigate

Appoint a suitable investigator (internal or external), define the scope, gather evidence and interview relevant witnesses. Maintain procedural fairness: give the respondent a clear summary of allegations and a chance to respond.

Step 4: Decide And Act

Make findings on the balance of probabilities (based on the evidence) and decide on outcomes - which could include training, warnings, disciplinary action, or changes to systems and supervision. Where appropriate, address team culture and psychosocial risks uncovered by the investigation.

Step 5: Close Out And Follow Up

Communicate the outcome to the complainant and respondent (to the extent appropriate), close off interim measures and check in on wellbeing. Consider whether systems changes or refresher training are needed to reduce recurrence.

External Pathways And Orders

In addition to your internal process, employees can apply to the Fair Work Commission for stop-bullying or stop-sexual-harassment orders. In serious cases, discrimination and harassment complaints may go to the AHRC or state/territory commissions. Robust internal processes reduce this risk and show you’ve met your duty of care as an employer.

Where allegations intersect with broader conduct issues, align your response with your documented procedures - for example, your performance management process - to ensure consistency and fairness.

Avoiding Common Compliance Pitfalls

Most legal risk in this area comes from gaps between what’s written and what happens day to day. Watch out for these common pitfalls:

• Policies that sit on a shelf: If staff aren’t trained and leaders don’t model the standards, you can’t show you took “reasonable steps.”
• Single, unsafe reporting channel: If the only option is “tell your manager,” people won’t report issues where the manager is the problem. Offer alternatives.
• Slow or unclear responses: Delays or opaque processes undermine trust and can escalate risk. Communicate early and set timelines.
• No psychosocial risk assessment: WHS duties include psychological safety. If you don’t assess and control psychosocial hazards, you’re missing a core obligation.
• Inconsistent outcomes: Similar issues should be handled in similar ways. Use documented procedures and keep records to ensure consistency.
• Missing contract and policy links: If your contracts don’t reference your policies, it’s harder to enforce standards. Align your Employment Contracts, policies and training.
• Poor privacy practices: Sharing sensitive details too widely, or keeping investigation records insecurely, can create separate legal issues. A clear Privacy Policy and access controls are essential.

Key Takeaways

• There’s no single “Workplace Harassment Act” - compliance comes from the Sex Discrimination Act, Fair Work Act, WHS laws and state anti‑discrimination laws.
• Employers have a positive duty to take reasonable and proportionate steps to eliminate sexual harassment and related conduct, and to manage psychosocial risks under WHS laws.
• A practical framework is: set clear policies, train everyone, enable safe reporting, assess and control risks, respond quickly and fairly, protect privacy, and review regularly.
• Core documents include a Workplace Policy, Staff Handbook, Employment Contracts, Privacy Policy and (where applicable) a Whistleblower Policy - all tailored to your operations.
• Consistent, timely complaint handling reduces legal risk and supports a safe, respectful culture; align responses with your documented procedures.
• Taking proactive steps now makes it easier to show you took “reasonable steps” if a claim or investigation arises.

If you’d like a consultation on building your workplace harassment compliance framework, you can reach us at 1800 730 617 or team@sprintlaw.com.au for a free, no‑obligations chat.