Laws in Australia
Understanding Workplace Rights, Responsibilities and Legal Obligations
Australian workplaces are governed by a framework of laws designed to prevent harm, promote fairness and protect the physical and psychological safety of workers.
These laws place clear responsibilities on organisations and leaders, while also outlining rights and protections for employees. Understanding these obligations is a critical part of creating and maintaining a respectful, safe and legally compliant workplace.
This page provides a high-level overview of the key laws underpinning Respect at Work obligations in Australia.
Respect at Work & the Sex Discrimination Act
The Sex Discrimination Act 1984 (Cth) prohibits sexual harassment, sex-based harassment, discrimination and victimisation in the workplace.
Recent reforms introduced a Positive Duty, requiring organisations to take reasonable and proportionate steps to prevent unlawful conduct before it occurs – rather than responding only after harm has happened.
This includes proactive measures such as:
- leadership accountability
- training and education
- clear policies and procedures
- safe reporting and response mechanisms
- cultural and systemic risk management
Guidance and oversight are provided by the Australian Human Rights Commission.
Work Health and Safety (WHS) Laws
Under work health and safety legislation, employers must provide a working environment that is safe and without risks to health – including psychological health.
Psychosocial hazards may include:
- bullying and harassment
- exposure to conflict or poor behaviour
- excessive job demands
- lack of role clarity or support
- unsafe workplace culture
Organisations are required to identify, assess and manage these risks in the same way as physical hazards.
Fair Work Act 2009
The Fair Work Act 2009 (Cth) establishes minimum employment standards and protections, including safeguards against:
- workplace bullying
- adverse action
- unfair treatment related to protected attributes
The Act also supports employees to raise concerns without fear of victimisation.
Information and guidance are provided by the Fair Work Ombudsman.
State and Territory Anti-Discrimination Laws
In addition to federal legislation, each state and territory has its own anti-discrimination laws. These operate alongside national laws and may involve local complaint and resolution bodies.
Together, these frameworks reinforce expectations around respectful conduct, fairness and accountability at work.
What This Means in Practice.
Across these laws, there is a consistent message:
- organisations must act proactively, not reactively
- leaders are accountable for culture and conduct
- psychological safety is a legal and safety issue
- employees have the right to work free from harm
Training, systems and leadership behaviour all play a role in meeting these obligations.
Important Note.
This information is provided for general guidance only. It does not replace legal advice, organisational policies or regulatory guidance.
If you are unsure how these laws apply to your organisation, seeking tailored advice and capability-building support is recommended.