Workplace Bullying & Harassment in Victoria: Legal Responsibilities and Employer Liability under WorkSafe Victoria

 

Workplace bullying and harassment are serious risks to health and safety—and in Victoria, employers are legally required to manage these issues as psychosocial hazards under WorkSafe Victoria’s framework.

 

With the rise in psychological injury claims, WorkSafe Victoria has sharpened its focus on mental health at work, enforcing strict obligations on employers to prevent and respond to bullying and harassment.

 

What Is Workplace Bullying?

According to WorkSafe Victoria, bullying is defined as repeated, unreasonable behaviour directed at an employee or group of employees that creates a risk to health and safety.

 

Examples include:

  • Verbal abuse, yelling, or screaming
  • Spreading rumours or gossip
  • Deliberately excluding someone from work-related activities
  • Unjustified criticism or complaints
  • Setting impossible tasks or deadlines

 

It’s important to distinguish bullying from reasonable management action carried out lawfully and in a reasonable manner (e.g. performance reviews, constructive feedback).

 

Employer Duties Under Victorian OHS Law

Under the Occupational Health and Safety Act 2004 (Vic), employers have a legal duty to provide and maintain a working environment that is safe and without risks to health, including mental health.

 

This includes the obligation to:

  • Identify and assess risks associated with workplace bullying and harassment
  • Eliminate or reduce those risks so far as is reasonably practicable
  • Monitor the health and safety of employees
  • Provide adequate training, information, and supervision

 

In 2022, WorkSafe Victoria introduced new regulations addressing psychosocial hazards directly. Employers must now actively manage risks such as bullying, harassment, occupational violence, work-related stress, and fatigue.

 

What Are Psychosocial Hazards?

WorkSafe Victoria defines psychosocial hazards as anything in the design or management of work that increases the risk of psychological or physical harm.

 

Common psychosocial hazards include:

  • Workplace bullying
  • Harassment or discrimination
  • Exposure to traumatic events
  • Poor support from management
  • Job insecurity or high job demands
  • Role ambiguity or conflic

 

Failing to control these risks can lead to psychological injuries, which are now among the fastest-growing categories of workers compensation claims in Victoria.

 

Employer Liability and Enforcement by WorkSafe Victoria

Employers that fail to meet their duties can face significant consequences, including:

  • Improvement or prohibition notices issued by WorkSafe inspectors
  • Fines and prosecutions for breaches of the OHS Act or regulations
  • Workers compensation claims for stress-related or psychological injuries
  • Civil claims or Fair Work actions for bullying, discrimination, or constructive dismissal
  • Damage to reputation, morale, and retention

 

Important Note: In Victoria, individual officers and managers can also be personally liable if they fail to meet their duty of care under the OHS Act.

 

What Victorian Employers Should Do

To comply with WorkSafe Victoria’s requirements and protect your workforce;

  • Develop and implement anti-bullying policies - Ensure your workplace has a clear, legally sound policy outlining definitions, reporting processes, and consequences.
  • Train all workers and leaders - Provide training on recognising and responding to bullying and psychosocial hazards.
  • Create a positive, respectful culture - Encourage collaboration, inclusion, and open communication.
  • Act quickly on complaints - Take all reports seriously. Investigate fairly and take corrective action where needed.
  • Undertake psychosocial risk assessments Use tools such as WorkSafe Victoria’s WorkWell Toolkit to identify and manage mental health risks.
  • Provide support services - Offer access to EAPs, peer support, and mental health resources.

 

A Quick Recap & Resource Links To Help You Meet Your Obligations

Managing psychosocial hazards isn’t optional in Victoria—it’s a legal requirement. Employers must take proactive, preventative steps to create mentally healthy workplaces, just as they would with physical safety risks.

 

By aligning with WorkSafe Victoria’s guidelines and fostering a culture of respect and psychological safety, employers not only meet their legal obligations but also improve retention, morale, and performance.