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Understanding Australian Workplace Harassment Laws

Australian workplace harassment
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Workplace harassment remains a persistent issue across industries—and Australia is no exception. In recent years, a growing push for safer, more respectful workplaces has led to significant legal and cultural changes. The 2022 Respect@Work amendments marked a turning point for Australian workplace harassment laws.

At Emtrain, we believe that training should do more than check a box—it should equip employees and leaders with the knowledge, behaviors, and communication skills to create a culture of respect. Here’s what Australian organizations need to know to stay compliant and build healthier, more inclusive workplaces.

What Is Workplace Harassment in Australia?

Under Australian law, workplace harassment refers to unwelcome conduct—including jokes, comments, gestures, physical behavior, or bullying—that humiliates, offends, or intimidates someone. This can be based on gender, race, age, disability, sexual orientation, or other protected attributes.

Workplace harassment:

  • Can be a one-off incident or ongoing behavior.

  • Includes conduct from coworkers, managers, clients, or even third parties.

  • May occur in person, via email, or on digital platforms like Slack or Teams.

  • Often overlaps with workplace bullying, which involves repeated unreasonable behavior that creates a risk to health and safety—even when not tied to a protected attribute.

The 2022 Respect@Work Amendments: Key Changes

Following the Australian Human Rights Commission’s Respect@Work report, the 2022 amendments to the Sex Discrimination Act introduced major reforms that every employer should understand:

  • Positive Duty to Eliminate Harassment: Employers now have a positive duty to take proactive steps to prevent workplace sexual harassment, sex-based harassment, and related conduct.

  • Expanded Coverage: The law now protects not only employees but also interns, volunteers, and contractors.

  • Broader Definitions: The definition of workplace harassment has been updated to include “conduct that results in a hostile work environment,” even if the behavior is not directed at a specific person.

  • Greater Enforcement Powers: The Australian Human Rights Commission has new powers to monitor compliance and enforce positive duty obligations.

Why It Matters

Beyond legal compliance, workplace harassment poses significant risk to company culture and employee wellbeing. Harassment undermines trust, lowers engagement, and increases turnover. It also signals weak communication norms—something our data at Emtrain shows often leads to deeper inclusion and performance issues.

Employers who wait for a complaint to take action are already too late. Under the new standard, businesses must be able to demonstrate that they took reasonable and proportionate measures to prevent harm before it occurred.

How Emtrain Helps

Emtrain’s Australian Workplace Harassment Prevention Training is built to meet legal requirements under Australian law, including the 2022 Respect@Work reforms. But more than that, it’s designed to spark conversation, build empathy, and establish healthier norms across teams.

Our training helps:

  • Educate employees on what harassment looks like and how to respond.

  • Equip managers with the tools to spot and interrupt problematic behavior.

  • Reinforce communication skills that build culture, not just compliance.

  • Collect anonymous behavioral data to identify risk areas and track improvement.

Building Respect Starts Now

Workplace harassment prevention isn’t just about rules—it’s about leadership, values, and everyday behavior. By proactively training your workforce and aligning your culture with legal and ethical standards, you create a safer environment where everyone can thrive.

Ready to take action?
Learn more about our Australian Workplace Harassment Training Course and how it supports compliance and culture goals.

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Hootsworth® by Emtrain

Hootsworth® by Emtrain

Meet Hootsworth®, Emtrain’s experience wisened and all-knowing mascot. Hootsworth® is here to help answer and all of your compliance and workplace culture questions. Emtrain is a leading provider of workplace...Read full bio

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