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Electrical Safety
Double adaptors and powerboards - can they be used in workplaces?
Electrical cords and extension leads
Welding - what are the issues?
Asbestos
Asbestos - in the workplace
Asbestos - what is it?
Asbestos - in the home
Asthma
Asthma - what is it?
Asthma Action Plan for Reps
Legal Standards for Asthma
Substances causing/worsening asthma
Asthma - sources of information
Biological Hazards
Biological Agents
Mould
Anthrax
Bullying and Violence
Bullying - what is it?
Bullying - how much of a problem is it?
Bullying - Legal Standards
Bullying - Action plan for reps
Inquiry into workplace bullying
Bullying: More info
Violence at Work
Violence: More information
Zero Tolerance: the ANF Approach
Violence - Ambulance Officers' Union Guidance
Working alone – is it legal, is it safe?
Rep Quest: Bullying
Chemicals
Welding - what are the issues?
Hazardous Substances (Chemicals)
Dangerous Goods
Hazardous Substances - An introduction to Legislation
Dangerous or Hazardous? What's the difference?
Chemicals management in workplaces
Material Safety Data Sheets
Exposure Standards for Chemicals
Chemicals - Useful websites
Cancer - what causes it?
Occupational cancer and Workers’ Memorial Day
Dust masks - how effective are they?
Dermatitis & other skin conditions
Multiple Chemical Sensitivity
Exposure Standards - what are they?
Common Hazardous Substances in the Workplace
Fatigue, Impairment & Shift-work
Shiftwork - health effects
Shift-work and extended hours of work
Work-Life Balance
Working standing up
Driving - maximum kms or hours?
The Eight Hour Day - where has it gone?
Alcohol and work
Workplace alcohol policies
Fatigue, Impairment and Shift-work: More info
Rest/meal breaks - what am I entitled to?
Gendered Violence and Sexual Harassment
Infectious Diseases
General information on Infectious Diseases
Needlestick Injuries
Air Conditioning & Legionnaires Disease
Legionnaires disease
Hepatitis A
Hepatitis B
Hepatitis C
Human Immunodeficiency Virus/HIV
Tuberculosis
Staphylococcus - the 'superbug'
Infectious Diseases: More information
Presenteeism - what is it?
Influenza
Coronavirus Disease
COVID-19: masks and face coverings
COVID-19 Victorian Situation
COVID-19 Vaccines
COVID-19: Rapid Antigen Testing in Your Workplace
Nanotechnology
Nanotechnology - a new hazard
Nanotechnology - proposed legislation
Nanotechnology - further reading and references
Noise
Why is noise a problem?
Is noise a problem in your workplace
Noise Exposure Standard
More information on Noise
Plant
Machine Guarding
Licences
Radiation
General Information on Radiation
Ionising Radiation
Non-ionising Radiation
Sunlight - Ultraviolet (UV) Radiation
Mobile Phones
Phone Towers
Lasers
Radiation - websites
Slips, Trips and Falls
Slips, trips and falls - general information
Ladders - What are the Rules and Regulations?
Stepladders
Working from Heights - what are the regulations?
Stress
What is Work-Related Stress?
Legal Standards for Stress
Stress Action Plan for Reps
Stress information & websites
Job stress in the Victorian public sector
Workload and stress
Sprains and Strains - Manual Handling
General Information on Sprains and strains
Weight limits - what are the legal limits for lifting?
Back braces and lifting belts
Backaches - what can be done to prevent them?
Job rotation - what is it, and can it be useful?
Workstations and seating
RSI (Repetitive Strain Injury) - What is it?
Sprains and Strains - more information
Vibration
Causes of Vibration
Effects of Vibration
Legal Standards for Vibration
Vibration - Action plan
More information on Vibration
Victorian Trades Hall Vibration Standard
Workplace Conditions
Heat: When is it too hot
Heat
Cold
Confined Spaces & Poorly Ventilated Areas
Fire & Emergency Evacuation
Ventilation
Air Quality
Psychosocial Hazards
Climate Change
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  5. Bullying - Legal Standards

Occupational health and safety law 

There is nospecific occupational health and safety regulations which covers bullying, or makes it specifically illegal for bullying to occur. Bullying is not specifically addressed in either the OHS regulations or codes. However, under Section 21 of the Victorian

Occupational Health and Safety Act (2004), employers have a general duty care to provide and maintain for employees, as far as practicable,a working environment that is safe and without risks to health

.

While the duty of care of employers under the 2004 OHS Act is more or less the same as what it was under the 1985 Act, the definition of health was amended. The definition of 'health' is now as follows:

"health" includes psychological health

This means that the employer must address workplace hazards such as bullying, stress and fatigue. So while there are no regulations, WorkSafe Victoria has guidance on bullying, which is an acknowledged, and serious, hazard in workplaces. In 2020, WorkSafe Victoria replaced its previous guide, Preventing and responding to bullying at work with a slimmer publication: Workplace Bullying: a Guide for Employers. For more information from the regulator,  go to the WorkSafe Victoria webpage on Workplace Bullying. 

WorkSafe has a special unit, the psychosocial practice unit, which has inspectors who investigate claims of bullying.

Other law

In Victoria:

In addition, injury or ill-health due to workplace bullying may become the subject of WorkCover claims or common law actions.

Some forms of bullying may constitute assault and be an offence under the Crimes Act; and in legislation which extends the criminal offence of stalking (known as 'Brodie's Law') introduced in June 2011 bullying may be a crime.  Loss of employment (whether dismissal or being forced to resign - effective dismissal) and victimisation may be covered by Workplace Relations legislation.

The bullying may also be a breach of sexual harassment and anti-discrimination legislation.

Employers and/or the bully may find themselves facing fines, compensation and possibly a jail sentence.

Federal law:

Since 1 January 2014, if a worker is being bullied at work, he or she has been able to apply to the national industrial commission (the Fair Work Commission) for an 'order' to stop that bullying. The changes to the legislation mean that the Commission must respond to such an application two weeks after it is received. Orders may be anything from directing the bullying behaviour to stop, to ensuring that all staff undergo anti-bullying training. If the person who is the bully does not follow they orders, they face very significant fines.  The changes are designed to make sure workers who are bullied have access to fair, fast and effective mechanisms that will resolve the situation.

In November 2013, the Fair Work Commission released draft anti-bullying Case Management Model [pdf] which outlines the procedures and functions of the anti-bullying jurisdiction and has now released its Anti-Bullying Benchbook designed to assist parties to lodge or respond to anti-bullying applications, for public comment. 

The Case Management Model does not appear to have been updated, but the Anti-Bullying Benchbook was updated in May 2015. The Commission says the Benchbook has been designed to assist parties lodging or responding to anti-bullying applications under the Fair Work Act 2009 (Fair Work Act). In particular, information is provided to parties to assist in the preparation of material for matters before the Commission.

This benchbook has been designed as an interactive website and works best in this form. However, it is possible to download a pdf copy from the website.

  • Fair Work Commission Anti-Bullying site
  • FWC Anti-Bullying Research.

Last amended November 2020

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