Laws that Apply to Bullying in the ACT

Work Health and Safety Act 2011

Workplace bullying is a risk to health and safety. ‘Health’ is defined in the WHS Act as both physical and psychological health. Failure to take steps to manage the risk of workplace bullying can result in a breach of WHS laws.

The following table sets out the various duties in relation to workplace bullying:

Person conducting a business or undertaking (section 19) A PCBU has the primary duty of care under the WHS Act to ensure, so far as is reasonably practicable, that workers and other persons are not exposed to health and safety risks arising from work carried out as part of the business or undertaking.
This duty includes, so far as is reasonably practicable:
  • providing and maintaining a work environment that is without risks to health and safety
  • providing and maintaining safe systems of work
  • monitoring the health and safety of workers and the conditions at the workplace to ensure that work related illnesses and injuries are prevented, and
providing appropriate information, instruction, training or supervision to workers and other persons at the workplace to allow work to be carried out safely.
Officers (section 27) Officers, such as company directors, must exercise due diligence to ensure the business or undertaking complies with the WHS Act and Regulations. This includes taking reasonable steps to ensure the business or undertaking has and uses appropriate resources and processes to eliminate or minimise risks associated with workplace bullying.
Workers (section 28) Workers including employees, contractors, subcontractors, labour hire employees, outworkers, apprentices or volunteers have a duty to:
  • take reasonable care for their own health and safety while at work
  • take reasonable care that their acts or omissions do not adversely affect the health and safety of other persons * comply, so far as the worker is reasonably able, with any reasonable instruction given by the PCBU, and
co-operate with any reasonable policies and procedures of the PCBU, for example a workplace bullying policy.
Others (section 29) Other persons at a workplace, such as visitors and clients, have similar duties to that of a worker and must:
  • take reasonable care for their own health and safety while at work
  • take reasonable care that their acts or omissions do not adversely affect the health and safety of workers or other persons, and
  • comply, so far as the person is reasonably able, with any reasonable instruction given by the PCBU.

Discrimination Act 1991

The Discrimination Act 1991 (the Act) makes it unlawful to discriminate against a person on the basis of gender, sexual orientation, religion, race, professional associations, disability, marital or parental status, pregnancy, breastfeeding, age and a range of other personal attributes in the workplace.

Workplace bullying that involves discrimination on any of these grounds can be referred to the ACT Human Rights Commission.

Public Sector Management Act 1994

For ACT Government public servants, the Public Sector Management Act 1994 (the Act)establishes clear standards of conduct for public sector employees, including those administering employment matters within the ACT public service. In particular, there is a responsibility on public sector managers to provide a safe working environment. The Act emphasises the need for public sector employees to comply with other territory laws, including the Work Health and Safety Act 2011

Workers Compensation Act 1951

Private sector workers in the ACT may be able to claim for workers' compensation in respect of any medical conditions they incur as a result of bullying at work under the Workers Compensation Act 1951.

Workers' compensation primarily provides for reimbursement of time off work as well as medical costs associated with medical conditions arising from injuries (including 'psychological injuries') arising out of or in the course of their employment. The focus of workers' compensation is on ascertaining whether a worker should be compensated for certain costs arising from their injuries, not on apportioning blame.

An employer is obligated to lodge claims on behalf of their worker to the insurer for consideration.

Safety, Rehabilitation and Compensation Act 1988

Workers employed by the ACT Public Service may be entitled to claim for workers' compensation for reimbursement of time off work as well as medical costs associated with medical conditions arising from injuries (including 'psychological injuries') arising out of or in the course of their employment under the Safety, Rehabilitation and Compensation Act 1988 (Commonwealth) (the Act).

Explore the following pages under this section to obtain more specific information:

Assistance from WorkSafe ACT

Bullying- know who to contact

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