What is workplace harassment?
Answer
Unwelcome behavior creating hostile work environment
Explanation
Workplace harassment in Australia is unwanted, unwelcome, or offensive conduct in the workplace that humiliates, intimidates, or offends another person. It can take many forms including bullying, sexual harassment, racial harassment, and harassment based on other protected attributes such as disability, age, or religious belief.
Several federal laws prohibit workplace harassment. The Sex Discrimination Act 1984 was amended in 2021 to make sexual harassment expressly unlawful in connection with work, after the Australian Human Rights Commission's Respect@Work report by then Sex Discrimination Commissioner Kate Jenkins. The Fair Work Act 2009 prohibits workplace bullying and gives the Fair Work Commission jurisdiction to make orders to stop bullying behaviour. The Racial Discrimination Act 1975, the Disability Discrimination Act 1992, and the Age Discrimination Act 2004 all cover related forms of harassment.
Since 2023, employers have a positive duty under the Sex Discrimination Act to take reasonable and proportionate measures to eliminate, as far as possible, unlawful behaviour including sexual harassment. The Australian Human Rights Commission can investigate compliance and, from late 2023, has had power to issue compliance notices and apply to the Federal Court for enforcement orders. Workplaces are now expected to have written anti-harassment policies, regular training, clear complaint procedures, and confidential support for complainants.
Victims of workplace harassment have several pathways to make a complaint. Internal complaints to a manager or human resources team are usually the first step. External options include the Australian Human Rights Commission for unlawful discrimination matters, the Fair Work Commission for stop-bullying orders, the state-based anti-discrimination boards, and police if the conduct involves criminal behaviour such as physical assault. Most claims are resolved through conciliation, with formal hearings and tribunals reserved for cases that cannot be settled.
Why this matters for your test
Workplace harassment is now actively regulated by multiple federal laws and a positive duty on employers, and recognising the complaint pathways helps new citizens enforce their rights.
Source: Australian Citizenship: Our Common Bond (2024)
