Legal obligations related to bullying

Legislation related to workplace bullying

Based on what the bullying involves and where it occurs, workplace bullying may be covered by a range of legislation including:

• workplace relations 
• work health and safety
• workers compensation
• anti-discrimination
• criminal law.

Workplace relations system

Under the Fair Work Act 2009, workers who reasonably believe they have been bullied at work can apply to the Fair Work Commission for an order to stop workplace bullying. The Fair Work Commission can make an order to prevent a worker from being bullied by an individual or group if the worker has been bullied at work and there is a risk that the bullying will continue. Penalties can apply for breaching these orders. 

For more information about the national anti-bullying laws, visit the Fair Work Ombudsman or Fair Work Commission.

Bullying as a health and safety hazard

Workplace bullying is a risk to health and safety because it may affect workers’ mental and physical health. 

Everyone at the workplace has obligations to prevent workplace bullying under work health and safety laws:

A person conducting a business or undertaking (PCBU) – A PCBU must ensure, so far as is reasonably practicable, the health and safety of workers at work in the business or undertaking. A PCBU must also ensure, so far as is reasonably practicable, other people are not put at risk from work carried out as part of the business or undertaking.

A PCBU must:

• identify reasonably foreseeable hazards that could give rise to risks to health and safety (including psychosocial hazards)
• eliminate psychosocial risks so far as is reasonably practicable to do so, or if it is not reasonably practicable to eliminate these risks, minimise them so far as is reasonably practicable
• maintain control measures to ensure they remain effective
•  review, and as necessary, revise control measures when required.   

Workers have a duty to take reasonable care of their own health and safety and take reasonable care that their acts or omissions do not adversely affect the health and safety of other persons. They must also, so far as they are reasonably able, comply with reasonable instructions given by the PCBU to allow the PCBU to comply with their duties under work health and safety laws, and comply with policies and procedures given by the PCBU relating to health or safety at the workplace. 

For more information about work health and safety laws visit Safe Work Australia or your work health and safety regulator.

Employers and workers have responsibilities under work health and safety regulations to prevent and address workplace bullying. 

Workers compensation

People may be entitled to compensation under workers compensation legislation if negative interactions in the workplace (e.g. bullying, harassment or discrimination) results in an injury or illness. This injury can be a physical or psychological injury.

Find out more about workers’ compensation through Safe Work Australia or the workers’ compensation authority in your jurisdiction. 

 Discrimination 

Bullying may also constitute unlawful discrimination under anti-discrimination legislation, if the bullying is linked to characteristics such as a person’s age, sex, race or disability.

For more information about Discrimination legislation, visit the Australia Human Rights Commission. 

Criminal law 

Criminal laws may apply if the workplace bullying involves assault, damage to property or other criminal behaviour. 

In some jurisdictions, bullying may itself be a criminal behaviour. For instance, in Victoria, serious bullying can carry a maximum penalty of 10 years imprisonment. This Victorian anti-bullying legislation, also known as Brodie’s Law, was introduced following a death by suicide linked to workplace bullying.  

This content has been adapted from content created by the Fair Work Commission, Safe Work Australia and the Australian Human Rights Commission with permission.