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Harassment at the workplace isn’t just a buzzword or a passing concern. For Australian employers and small business owners, understanding work harassment laws isn’t optional – it’s a key responsibility you must nail to keep your team safe, your business thriving, and your legal risks low. As community expectations rise and regulations tighten, taking a proactive approach to workplace harassment is simply non-negotiable.
But what does “compliance” really mean in practical terms? If you’re confused by the terminology, anxious about what’s considered “harassment in the workplace,” or unsure about your obligations under the law, don’t stress – you’re certainly not alone. In this guide, we’ll walk you through what counts as harassment, the current Australian legal landscape, your duties as an employer, and how to get ahead with policies, processes, and the legal paperwork that keeps you protected.
Let’s break down what you need to know, and how you can meet your obligations with confidence. Whether you’re reviewing your hiring practices, about to draft workplace policies, or just want peace of mind, we’re here to help you get it right from day one.
What Is Workplace Harassment?
Before we dive into compliance, it’s important to clarify what “harassment at workplace” means under Australian law.
Definition of Workplace Harassment
Workplace harassment is any unwelcome behaviour in the workplace that humiliates, offends, intimidates, or threatens another person. This can include physical, verbal, written, or online actions, ranging from bullying and sexual harassment to persistent belittling or discrimination.
It’s crucial to note that not all workplace disputes or moments of rudeness are harassment, but repeated and harmful conduct often is. The key markers are:
- The behaviour is unwelcome and unsolicited.
- It makes the workplace hostile, intimidating, or offensive for the recipient.
Workplace harassment can happen between colleagues, from managers to staff, from staff to managers, or even from clients and customers. It can also include mental harassment at workplace, such as ongoing teasing, exclusion, or unrelenting pressure that impacts mental wellbeing.
Types of Workplace Harassment
- Sexual Harassment: Unwelcome sexual advances, requests for sexual favours, or other conduct of a sexual nature.
- Bullying: Repeated, unreasonable behaviour directed towards a worker that creates a risk to health and safety.
- Discrimination: Treating individuals less favourably because of a protected attribute (e.g., gender, race, age, disability).
- Mental Harassment: Psychological abuse such as gaslighting, isolation, persistent criticism, or unfair workload pressure.
If you’re not sure where the line is, it’s always wiser to err on the side of caution – seek advice and address questionable behaviour early.
What Are the Key Australian Work Harassment Laws?
Australian workplaces are covered by a robust framework of laws that protect against harassment, bullying, and discrimination. Knowing which ones apply to your business – and how to follow them – is central to keeping your workplace compliant and safe.
Core Legislation: Harassment at Workplace Act and More
There’s no single “Harassment at Workplace Act” in Australia. Instead, several interconnected laws and regulations together form our legal protection against workplace harassment. Key laws include:
- Fair Work Act 2009 (Cth): Prohibits workplace bullying, provides for general protections, and enables claims through the Fair Work Commission.
- Sex Discrimination Act 1984 (Cth): Outlaws sexual harassment in the workplace.
- State-based Anti-Discrimination Acts: Each state and territory has its own anti-discrimination legislation (e.g., Anti-Discrimination Act 1977 (NSW)), covering attributes like race, religion, sexuality, and disability.
- Work Health and Safety (WHS) Acts: Require all workplaces to provide a safe environment, which includes protecting workers from harassment and bullying.
Failing to comply can result in legal claims, fines, reputational damage, and even criminal penalties in severe cases.
What Counts as Harassment Under Australian Law?
Generally, to meet the legal threshold for workplace harassment, the behaviour needs to be:
- Unwanted and Unwelcome: It’s not mutual or reciprocated.
- Persistent or Repeated: One-off incidents can qualify (especially for sexual harassment or discrimination), but most bullying is characterised by repeated events.
- Harmful: It has the potential to cause physical, psychological, or emotional harm, or impact work performance.
Even indirect conduct, such as spreading rumours or causing someone else to harass, may amount to workplace harassment. You can read more about workplace harassment and discrimination in our detailed guide.
The Duty of Employers to Protect Workers
Employers have a legal duty of care to provide a safe workplace. This means taking reasonable steps to eliminate or reduce risks to physical and psychological safety, including risks from harassment and bullying. You’re also responsible for harassment carried out by staff, unless you can show you took all reasonable precautions to prevent it (“vicarious liability”).
How Can Employers Stay Compliant With Work Harassment Laws?
It’s one thing to know the laws, but putting compliance into practice is where many small businesses get stuck. Let’s break down the practical steps all Australian employers must take to ensure their workplace is free from harassment – and keep their operation on the right side of the law.
1. Develop and Implement a Workplace Policy
A strong workplace harassment policy is your frontline defence. This should be a written document that sets out:
- What constitutes harassment, bullying, sexual harassment, and discrimination.
- Your business’s zero-tolerance approach.
- How to report concerns and complaints confidentially.
- How complaints will be investigated and managed (including support for both complainant and respondent).
- The possible consequences of breaches (including disciplinary action).
If you don’t yet have a tailored policy, now’s the time to put one in place – or review your current policy to ensure it meets best practice and legal standards.
2. Train All Staff and Leaders
It’s not enough to just hand out a policy; staff and managers must actually understand their rights and obligations. Make sure you provide regular training that covers:
- What workplace harassment looks like, including less visible forms such as mental and emotional bullying.
- How to safely and confidently report incidents.
- The role of bystanders and leadership in calling out poor behaviour.
Keep training records as evidence of your proactive compliance.
3. Foster a Culture of Respect
Prevention is far better (and cheaper) than investigation. Lead by example, reward respectful conduct, and set a “speak up” culture where concerns are met with action – not retaliation. An open-door policy and regular check-ins help uncover low-level issues before they escalate.
4. Investigate Every Complaint – Fairly and Promptly
Every complaint of harassment at workplace deserves to be taken seriously. Ensure your process is:
- Confidential, fair, and timely.
- Clear in what steps will be taken (fact-finding, interviews, outcomes).
- Thoroughly documented – from complaint to resolution.
If you’re unsure or the matter is complex, it’s smart to get external legal advice to ensure a lawful process.
5. Monitor and Review Regularly
Laws, expectations, and workplace culture constantly evolve. Regularly review your policies, procedures, and training every year – and after any incident or complaint. Look for trends or “red flags” that may indicate deeper cultural issues.
Are There Any Other Legal Compliance Requirements?
While harassment law compliance is front of mind, as an employer you’re also responsible for meeting several other legal requirements around employment, safety, and workplace management. Here are the core areas to tick off:
Work Health and Safety (WHS)
Every employer in Australia must provide a healthy and safe workplace under WHS laws. Psychological injuries and “mental harassment at workplace” are just as serious as physical hazards. Learn more about your WHS obligations here.
Anti-Discrimination Law
Having a harassment policy alone isn’t enough – you must not discriminate in recruitment, promotion, or any aspect of employment based on protected attributes. If in doubt, check your obligations under the Fair Work Act and relevant State laws.
Fair Work and Awards
If you employ staff, you must issue legally compliant employment contracts, pay minimum rates according to the correct award, and offer the National Employment Standards – failure to comply is a major risk.
Privacy and Record Keeping
Any information gathered in harassment investigations – such as witness statements or personal details – must be handled confidentially and in line with the Privacy Act and data breach laws.
What Legal Documents and Agreements Do I Need?
Proper legal documentation forms the backbone of your workplace compliance program and helps prove that you’ve taken reasonable steps to prevent and address harassment. Common essentials include:
- Workplace Policy (anti-harassment/bullying/discrimination): Clearly lays out what is (and is not) acceptable behaviour, the complaints process, and consequences for breaches.
- Staff Handbook: A central document for all workplace policies, codes of conduct, and employee entitlements.
- Employment Contract: Sets clear expectations and includes obligations to comply with all company policies, including anti-harassment standards. Learn more about employment contract requirements here.
- Workplace Complaints Procedure: A practical, accessible guide for employees to report incidents and understand investigation steps.
- Confidentiality Agreements: Prevent information about complaints or participants from being shared inappropriately.
- Board or Management HR Resolutions: If you have a board or committee, ensure HR issues are formally addressed and documented.
Not sure where to start? Talk to us about a tailored package for your size and industry.
Is There a Difference Between Bullying and Harassment?
These terms are often used interchangeably, but there are differences. “Harassment” is a broader term and includes unwelcome behaviour relating to a characteristic protected by law (such as sex, race, or disability). “Bullying” refers to repeated, unreasonable behaviour that creates a risk to health and safety – it doesn’t have to be based on a protected attribute.
Both are prohibited by Australian law and should always be taken equally seriously in your workplace policy and practice.
What Should You Do If a Complaint Is Made?
If you receive a complaint about workplace harassment or bullying:
- Respond promptly – acknowledge receipt and begin an initial assessment.
- Take all complaints seriously, no matter the “level” or who’s involved.
- Ensure confidentiality for all parties involved.
- Follow your written process exactly – consistency is key.
- Offer support services or referrals to help affected staff.
- Seek advice if you’re unclear at any stage, especially with sensitive or escalated cases. Our legal team is here to guide you.
Unresolved or mishandled complaints can escalate to the Fair Work Commission, human rights commissions, or the courts – and come with significant costs.
Frequently Asked Questions About Work Harassment Laws
Does My Workplace Need a Harassment Policy By Law?
While there’s no specific requirement to have a written harassment policy, in reality, under WHS, anti-discrimination, and workplace laws, you must be able to show you’ve taken “all reasonable steps” to prevent and address harassment. A written policy is the clearest and most effective way to demonstrate this.
Are Casual and Contract Staff Covered By Work Harassment Laws?
Absolutely. All workers – including full-time, part-time, casual, labour hire, contractors, and even volunteers or interns – are protected by workplace harassment laws. As the employer, your duty of care extends to everyone performing work for your business.
What Are the Penalties for Failing to Comply With Harassment Laws?
Penalties can include fines by the Fair Work Commission or state regulators, compensation orders to the victim, reinstatement of dismissed staff, or in rare cases, criminal prosecution. More often, the reputational and operational costs (such as staff turnover and lost productivity) are even more damaging.
Key Takeaways
- Work harassment laws in Australia require all businesses to protect employees from bullying, discrimination, and harassment in every form – not just because it’s right, but because it’s the law.
- Employers must proactively prevent and respond to harassment with clear workplace policies, regular staff training, and a culture of respect.
- Legal requirements extend across several Acts, including the Fair Work Act, Sex Discrimination Act, state anti-discrimination laws, and WHS legislation.
- A written anti-harassment and bullying policy, robust employment contracts, and effective complaints handling process form the backbone of compliance.
- Staying up to date and seeking legal advice when needed minimises risk and demonstrates you are taking “all reasonable steps” to meet your obligations.
If you would like a consultation on workplace harassment laws and compliance for your business, you can reach us at 1800 730 617 or team@sprintlaw.com.au for a free, no-obligations chat.
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