Guide for Preventing and Responding to Workplace Bullying(May 2016)

GUIDE FOR PREVENTING AND RESPONDING TO WORKPLACE BULLYING

May 2016

© Commonwealth of Austr​alia 2020

This Guide provides information for persons conducting a business or undertaking on how to manage the risks of workplace bullying as part of meeting their duties under the work health and safety laws.

Workplace bullying is a risk to health and safety. It can occur wherever people work together in all types of workplaces. It is best dealt with by taking steps to prevent it from occurring and responding quickly if it does occur. The longer the bullying behaviour continues, the more difficult it is to address and the harder it becomes to repair working relationships.

from Safe Work Australia

Safe Work Australia is an Australian Government statutory agency established in 2009. Safe Work Australia consists of representatives of the Commonwealth, state and territory governments, the Australian Council of Trade Unions, the Australian Chamber of Commerce and Industry and the Australian Industry Group.

Safe Work Australia works with the Commonwealth, state and territory governments to improve work health and safety and workers’ compensation arrangements. 

Safe Work Australia is a national policy body, not a regulator of work health and safety. 

The Commonwealth, states and territories have responsibility for regulating and enforcing work health and safety laws in their jurisdiction.

TABLE OF CONTENTS

1. INTRODUCTION   

1.1 What is workplace bullying?

1.2 What is not workplace bullying?

Reasonable management action taken in a reasonable way

Unlawful discrimination and sexual harassment 

Workplace conflict 

1.3 How can workplace bullying occur?

1.4 Impact of workplace bullying

1.5 Who has duties in relation to workplace bullying?

Table 1 - Duties in relation to workplace bullying

1.6 How can the risk of workplace bullying be managed?

Consulting workers

Consulting, co-operating and co-ordinating activities with other duty holders 

2. PREVENTING WORKPLACE BULLYING

2.1 Identifying the potential for workplace bullying 

2.2 Controlling the risks

Management Commitment 

Set the standard of workplace behaviour

Develop productive and respectful workplace relationships

Design safe systems of work 

Implement reporting and response procedures 

Provide training and information

2.3 Monitoring and reviewing 

3. RESPONDING TO WORKPLACE BULLYING 

3.1 How to respond to a report of workplace bullying 

3.2 Principles when responding to reports of workplace bullying

Table 2 - Responding to workplace bullying 

3.3 Balancing confidentiality and transparency

Confidentiality

Transparency for the parties involved

Transparency for the organisation 

3.4 Actions after reports of workplace bullying are resolved

Reviewing the systems of work 

4 INVESTIGATIONS

4.1 Who should conduct the investigation?\

4.2 Informing the parties of the investigation

4.3 Outcomes of an investigation

5. External Avenues ~ 6. 7. 8 - Appendix A, B, C

5 EXTERNAL AVENUES 

5.1 Work Health and Safety Regulators 

5.2 Fair Work Commission

6 APPENDIX A – EXAMPLE OF A WORKPLACE BULLYING POLICY

7 APPENDIX B – WORKPLACE BULLYING FLOWCHART 

8 APPENDIX C – FURTHER INFORMATION

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© Commonwealth of Austr​alia 2020