Do you need to comply?

Yes, under the provisions of the various Acts listed below.

Conditions of compliance

Issues of bullying, discrimination and harassment should be taken seriously and be dealt with in an appropriate manner. In failing to deal with issues of workplace harassment, bullying and discrimination, an employer could be in breach of the following:

  • Disability Discrimination Act 1992 (Cth)
  • Racial Discrimination Act 1975 (Cth)
  • Sex Discrimination Act 1984 (Cth)
  • Fair Work Act 2009 (Cth)
  • Human Rights and Equal Opportunity Commission Act 1986 (Cth)
  • Age Discrimination Act 2004 (Cth)
  • Workplace Gender Equality Act 2012 (Cth)
  • Equal Opportunity Act 2010 (Vic)
  • Racial and Religious Tolerance Act 2001 (Vic)
  • Occupational Health and Safety Act 2004 (Vic).

WorkSafe Victoria provides a guide to Workplace Bullying – Prevention and Response (October 2012). The guide is intended to assist with preventing, and responding to, workplace bullying from an occupational health and safety perspective. This guide may be obtained from the WorkSafe Victoria website.

If you have to comply, what do you have to do?

All employers should have a policy in place that deals with bullying, harassment and discrimination at the workplace level. All employers should provide training for managers, including senior managers, and all employees in relation to what does and does not constitute bullying, harassment and discrimination. Such a policy and training needs to be in place as a minimum to avoid a claim that an employer is vicariously liable for the conduct of individual employees.

ISV contacts

Kerri Knopp
Director, Strategic Relations
Ph. 03 9825 7210
kerri.knopp@is.vic.edu.au

Felicity Nethercote
Senior Employment Relations Advisor
Ph. 03 9825 7215
felicity.nethercote@is.vic.edu.au

Jacinta Andrews
Employment Relations Advisor
Ph. 03 9825 7206
jacinta.andrews@is.vic.edu.au

Suzie Sakkas
Employment Relations Advisor
Ph. 03 9825 7207
suzie.sakkas@is.vic.edu.au

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