What's in this template?
This Workplace Bullying, Harassment and Sexual Harassment Policy is the employee-relations counterpart to the Psychosocial Hazards and Workplace Wellbeing Policy. The Psychosocial Hazards Policy covers prevention through work design and the WHS Act. This policy covers the complaint, investigation, and consequence pathway under the Fair Work Act 2009 and the Sex Discrimination Act 1984 — including the positive duty in section 47C that has been in force since 12 December 2023 and the Australian Human Rights Commission's enforcement powers.
The policy covers 14 sections:
- Purpose — what the policy does and who it protects
- Scope — workers, work-related events, work-related communications
- Definitions — bullying, harassment, sexual harassment, sex-based harassment, hostile work environment, victimisation, reasonable management action
- The positive duty — s47C Sex Discrimination Act, what the practice does to discharge it
- Responsibilities — workers, managers, the practice principal
- Examples — what is and is not covered (including reasonable management action)
- How to raise a concern — four pathways including external routes
- How complaints are investigated — 6-step process with timeframes
- Confidentiality — what it is and what it is not
- Protection from retaliation — victimisation under SDA and FW Act
- Records — register, retention, trend review
- Training and awareness — induction plus 2-yearly refresh
- Related policies and resources — including external pathways (FWC, AHRC, 1800RESPECT, Lifeline)
- Review history
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How this policy differs from the WHS Psychosocial Hazards Policy
These two policies are designed to work together — neither replaces the other.
| Policy | What it does | Primary legislation | |---|---|---| | Psychosocial Hazards and Workplace Wellbeing Policy | Identifies bullying, harassment and sexual harassment as psychosocial hazards. Manages them through the hierarchy of controls — work design, rostering, training, supervision. Focuses on prevention. | WHS Act 2011, WHS Regulations 55A to 55D, SWA Managing Psychosocial Hazards at Work Code of Practice (2022) | | Workplace Bullying, Harassment and Sexual Harassment Policy (this template) | Defines the conduct, sets complaint pathways, investigation steps, confidentiality, and consequences. Focuses on response when prevention has not been enough. | Fair Work Act 2009 Part 6-4B and Part 3-1, Sex Discrimination Act 1984 (including s47C positive duty), Australian Human Rights Commission Act 1986 |
Most practices need both. Together they evidence both the WHS primary duty of care (s19 WHS Act) and the positive duty to eliminate sexual harassment, sex-based harassment, and hostile work environments (s47C Sex Discrimination Act).
Why this matters now — the December 2023 positive duty
Since 12 December 2023, every Australian employer has a positive duty under section 47C of the Sex Discrimination Act 1984 to take reasonable and proportionate measures to eliminate, as far as possible:
- Sexual harassment
- Sex-based harassment
- Hostile work environments on the basis of sex
- Sex discrimination
- Related victimisation
The Australian Human Rights Commission has had enforcement powers in respect of the positive duty since 12 December 2023. The Commission can investigate compliance, give compliance notices, accept enforceable undertakings, and apply to the Federal Court for compliance orders. This is a substantial change from the previous reactive regime under which an employee had to make a complaint before the AHRC engaged.
Compliance with the positive duty means the practice can no longer rely on a "we'll deal with it if it happens" approach. Reasonable and proportionate measures — for a typical healthcare practice — include this policy, training, accessible complaint pathways, an investigation process, monitoring of culture, and recordkeeping. This template provides the policy foundation; the practice operationalises it.
Stop-bullying and stop sexual harassment orders
Under Part 6-4B of the Fair Work Act 2009:
- Section 789FC — a worker who reasonably believes they have been bullied at work can apply to the Fair Work Commission for an order to stop the bullying. The FWC can make any order it considers appropriate (other than an order requiring payment of money). Stop-bullying orders are forward-looking — they aim to end the conduct, not to compensate for past conduct.
- Section 527F — since 6 March 2023, a worker (and certain other persons) who reasonably believes they have been sexually harassed in connection with work can apply to the FWC for a stop sexual harassment order. The FWC can also deal with the dispute by conciliation, mediation, or arbitration with consent.
This policy's external pathways section ensures workers know these options exist.
Who needs this policy?
Every Australian healthcare practice that employs staff. The policy suits:
- General practices, day procedure clinics, and specialist medical practices
- Allied health practices — physiotherapy, podiatry, psychology, optometry, dental
- NDIS providers and disability support services
- Pharmacies, pathology, and diagnostic imaging providers
- Aboriginal Community Controlled Health Organisations
- Aged care providers, private hospitals, and community health services
The policy is structured to suit very small practices (with a clear alternative-contact pathway if the first contact is the alleged respondent) through to larger MSP-supported groups.
How to customise this policy
- Download the Word document and replace every
{{placeholder}}with your practice details - Identify the first point of contact — usually the practice manager or HR lead — and the alternative contact, which must be different (often an external HR consultant or a designated Director). Without a credible alternative contact the policy fails its most important user — the worker whose complaint is about the first contact
- Tailor the examples in section 6 to your service. Healthcare-specific examples (e.g., refusing to swap shifts to disadvantage a colleague returning from parental leave; sexualised comments during procedural training) land better than generic examples
- Set the training cadence in section 12 — induction plus every 2 years is a defensible baseline; some practices run annually
- Display the contact information — posters in staff-only areas with the complaint contacts and external pathways (FWC, AHRC, 1800RESPECT, Lifeline) are explicitly cited in AHRC guidance as a reasonable and proportionate measure
- Review at least every 2 years, after any substantiated complaint, and after any material change in legislation or organisational structure
- Sign off at section 14 and file a copy in the policy library
Related templates and tools
- Psychosocial Hazards and Workplace Wellbeing Policy — the prevention counterpart (WHS framework)
- Staff Orientation and Induction Checklist — Week 1 acknowledgement of this policy
- Annual Performance Review Template — wellbeing check-in surfaces issues
- Staff Confidentiality and Privacy Agreement — addresses social media obligations relevant to this policy
- Probation Review Form — used where the conduct is by a probationary employee
- Staff Offboarding and Exit Checklist — exit interview surfaces issues that did not previously surface
Frequently asked questions
What is the difference between bullying and reasonable management action?
Bullying under FW Act s789FD is repeated unreasonable behaviour that creates a health and safety risk. Reasonable management action carried out in a reasonable manner — performance management, work direction, allocation of duties, discipline — is expressly excluded. The line is in two places: whether the action itself is reasonable (proportionate, capability-based, supported), and whether it is carried out reasonably (respectfully, with notice, with opportunity to respond). Reasonable action carried out unreasonably can still be bullying.
What is the positive duty in plain English?
Every employer has a proactive obligation under section 47C of the Sex Discrimination Act to take reasonable and proportionate measures to eliminate sexual harassment, sex-based harassment, hostile work environments on the basis of sex, sex discrimination, and related victimisation. "Proactive" means the employer must take steps in advance — having a policy, training staff, providing accessible complaint pathways — not just respond after a complaint. The AHRC can investigate compliance and issue compliance notices.
Can the AHRC fine us for not complying with the positive duty?
The AHRC cannot impose civil penalties directly, but it can investigate, issue compliance notices, accept enforceable undertakings, and apply to the Federal Court for compliance orders. Non-compliance with a Court order is contempt and exposes the practice to significant financial consequences. The reputational and practical consequences of a compliance notice are also material.
How do we handle a complaint about the practice principal?
Use the alternative contact pathway in section 7. This is the policy's most important resilience feature — a complaint about the most senior person in the practice must have a credible internal route or an external one. Many small practices designate an external HR consultant or a Director as the alternative contact for exactly this scenario.
Should we always use an external investigator?
External investigators are appropriate for serious complaints (allegations of sexual harassment, sexual assault, or conduct by senior staff), complex matters, or where the internal team is conflicted. For lower-end matters, an internal manager who is not involved and who is suitably trained can investigate. The investigator's independence and competence — not their location — is what matters.
What does procedural fairness look like in practice?
The respondent is told the substance of the complaint (not necessarily who made it, where confidentiality concerns require), given the opportunity to respond, allowed a support person, and given a reasonable timeframe to respond. The investigator considers the evidence, makes findings on the balance of probabilities, and provides those findings to both parties. Procedural fairness is not perfection — it is a process that is sufficiently fair to support the outcome.
Can a worker be disciplined for making a false complaint?
Yes — but only where the complaint is genuinely false or malicious, not where the complaint is unsubstantiated. Most complaints that cannot be substantiated reflect genuine perceptions that the investigation could not corroborate, not falsehoods. Disciplining a worker for making a "vexatious" complaint where the complaint was actually genuine is itself a general protections issue under FW Act Part 3-1.
Should sexual harassment go to the police?
Sexual assault and certain other sexual offences are crimes and should be reported to police. Sexual harassment that does not amount to a criminal offence is dealt with under civil pathways (this policy, AHRC, FWC). The complainant chooses whether to report to police — the practice supports that choice and does not direct it.
How long do we keep complaint records?
At least 7 years under Fair Work Regulations 2009 r3.42 (employee records). Records are confidential and accessed only on a need-to-know basis. Anonymised trend data is reviewed at each policy review to identify patterns.