Model WHS Laws

We created the model WHS laws in 2011.

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WHS laws in your jurisdiction

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Bullying can cause both psychological and physical harm, making it a risk to health and safety. 

Under model WHS laws, persons conducting a business or undertaking (PCBUs) must manage the health and safety risks of workplace bullying. 

Supporting Information

The eSafety Commissioner is Australia’s independent regulator for online safety and provides information and help around online abuse in the workplace, including:

  • Resources to help employers understand online abuse and guidance on how to identify and manage online abuse and harassment in the workplace, including tech-based sexual harassment. This is a legal requirement of Australian employers under WHS laws.
  • Resources for workers on how to report online abuse and harassment in the workplace, including tech-based sexual harassment.

eSafety can also help remove seriously harmful content targeting an Australian, including adult cyber abuse (this includes content that makes realistic threats or places someone in physical danger) and image-based abuse (non-consensual sharing of intimate images). 

Visit eSafety.gov.au to find out more about trolling, cyberstalking, as well as tips for how to stay safe online or report online abuse


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Further Advice

SWA is not a regulator and cannot advise you about WHS issues in the workplace. If you need help please contact your state or territory work health and safety authority.

In some circumstances, an order to prevent or stop a worker being bullied can be made under the Fair Work Act 2009 by contacting the Fair Work Commission

The Australian Human Rights Commission investigates and resolves complaints (under federal laws) of bullying based on a person’s sex, disability, race or age. It can also investigate and resolve complaints of workplace bullying based on a person’s criminal record, trade union activity, political opinion, religion or social origin. 

There are a number of services available to people who are feeling depressed, stressed or anxious as a result of bullying behaviour. They include: