Bullying - Legal Standards
There is no specific occupational health and safety regulations which covers bullying or makes it specifically illegal for bullying to occur. Bullying is not specifically addressed in either the OHS regulations or codes.
However, your employer has a duty to provide a safe workplace under section 21 of the OHS Act 2004 as well as the duty to provide adequate training and information for you to be able to perform your role safely. They also have the duty to monitor the conditions of the workplace to make sure they are safe under section 22 and the duty to consult on matters relating to health and safety under Section 35. The OHS Act empowers HSRs to take action on bullying.
The new Occupational Health and Safety (Psychological Health) Regulations 2025 also require your employer to eliminate or mitigate psychosocial hazards using a modified Hierarchy of Controls – bullying is a psychosocial hazard.
WorkSafe has a special unit, the psychosocial practice unit, which has inspectors who investigate claims of bullying.
Other law
In Victoria:
In addition, injury or ill-health due to workplace bullying may become the subject of WorkCover claims or common law actions.
Some forms of bullying may constitute assault and be an offence under the Crimes Act; and in legislation which extends the criminal offence of stalking (known as 'Brodie's Law') introduced in June 2011 bullying may be a crime. Loss of employment (whether dismissal or being forced to resign - effective dismissal) and victimisation may be covered by Workplace Relations legislation.
The bullying may also be a breach of sexual harassment and anti-discrimination legislation.
Employers and/or the bully may find themselves facing fines, compensation and possibly a jail sentence.
Federal law:
Since 1 January 2014, if a worker is being bullied at work, he or she has been able to apply to the national industrial commission (the Fair Work Commission) for an 'order' to stop that bullying. The changes to the legislation mean that the Commission must respond to such an application two weeks after it is received. Orders may be anything from directing the bullying behaviour to stop, to ensuring that all staff undergo anti-bullying training. If the person who is the bully does not follow they orders, they face very significant fines. The changes are designed to make sure workers who are bullied have access to fair, fast and effective mechanisms that will resolve the situation.
In November 2013, the Fair Work Commission released draft anti-bullying Case Management Model [pdf] which outlines the procedures and functions of the anti-bullying jurisdiction and has now released its Stop Bullying Benchbook designed to assist parties to lodge or respond to anti-bullying applications, for public comment.
The Case Management Model does not appear to have been updated, but the Stop Bullying Benchbook was updated in May 2015. The Commission says the Benchbook has been designed to assist parties lodging or responding to anti-bullying applications under the Fair Work Act 2009 (Fair Work Act). In particular, information is provided to parties to assist in the preparation of material for matters before the Commission.
This benchbook has been designed as an interactive website and works best in this form. However, it is possible to download a pdf copy from the website.
- Fair Work Commission Bullying site
OHS Reps resources
- Psychosocial hazards
- What are psychosocial hazards?
- What is work-related stress?
- Work Stress Questionnaire - OHS Reps
- Psych Health Survey Tool - OHS Reps
- Prevention Plan for Psychosocial Hazards - OHS Reps
- Bullying and Violence
- Bullying - what is it? - OHS Reps
- A Guide to Identifying Bullying in the Workplace - OHS Reps
- Bullying - Legal Standards - OHS Reps
- Bullying - how much of a problem is it? - OHS Reps
Other useful Union publications:
- ACTU: Mind Your Head campaign to improve workplace mental health
- ACTU: Work Shouldn't Hurt survey report 2021
- The UK's peak union council, the TUC has produced guidance for safety representatives on dealing with bullying and violence, including:
- Draft Survey on Bullying [pdf]
- Guide for HSRs
- Reporting work-related violence - advice from the TUC
- The UK union UNISON has produced very useful advice for union delegates and OHS reps: Bullying and Harassment at Work. The page has links to other resources, such as guidelines which give advice on the sorts of things that can be done to combat bullying in the workplace. The guideline includes a draft bullying policy and survey: Tackling Bullying at Work [pdf]
WorkSafe resources:
- Compliance code: Psychological health
- Psychosocial risk assessment tools
- Workplace bullying
- Workplace bullying fact sheet
- Aggression or violence
- Aggression or violence fact sheet
- Gendered violence
- Gendered violence fact sheet
- Poor organisational justice
- Poor organisational justice fact sheet
- Poor support
- Poor support fact sheet
- Poor workplace relationships
- Poor workplace relationships fact sheet
- Sexual harassment
- Sexual harassment fact sheet
- Preventing workplace bullying - includes employer duties and checklists
- Workplace bullying: A guide for employers (PDF version)
- What to do if bullying happens to you - information for employees
Safe Work Australia resources:
- Model Code of Practice: Managing psychosocial hazards at work
- Psychosocial hazards
- Bullying
- Harassment
- Sexual and gender-based harassment
- Conflict or poor workplace relationships and interactions
- Poor organisational justice
- Violence and aggression
- Poor support
Other resources:
- Mind Your Head has an excellent database on psychosocial hazards. It breaks down hazards into their impacts and the risk assessment and control measures that can be used - Find it here.
Updated May 2026