Product Overview

Summary: This Workplace Harassment and Discrimination Safe Operating Procedure sets out a clear, practical framework for preventing, reporting and managing inappropriate behaviour at work. It helps Australian organisations create a psychologically safe workplace, meet their WHS and anti-discrimination obligations, and respond consistently and fairly to complaints.

Harassment and discrimination are not only unlawful in Australia, they are also key drivers of psychological injury, workers’ compensation claims, high turnover and reputational damage. This Safe Operating Procedure provides a structured, step-by-step approach for preventing and responding to workplace harassment, sexual harassment, bullying and discrimination in line with Australian WHS and anti-discrimination laws. It translates legislative and regulatory requirements into clear actions for leaders, HR and workers, helping your organisation demonstrate that it has taken all reasonably practicable steps to provide a safe and respectful working environment.

The procedure covers the full lifecycle of an issue: from setting behavioural expectations and conducting risk assessments, through to confidential reporting pathways, triage, impartial investigations, support for affected workers, and resolution and follow-up. It also addresses modern work arrangements such as remote work, digital communications and social media, where inappropriate conduct often arises. By implementing this SOP, businesses can reduce the risk of psychosocial harm, foster a culture of respect and inclusion, and provide managers with a defensible, consistent framework for handling complaints before they escalate into costly legal disputes or regulatory action.

Key Benefits

• Ensure compliance with Australian WHS duties relating to psychosocial hazards, as well as anti-discrimination, bullying and sexual harassment laws.
• Reduce the risk of psychological injury, workers’ compensation claims and Fair Work or human rights complaints arising from harassment or discrimination.
• Standardise how concerns and complaints are reported, assessed, investigated and resolved across the organisation.
• Strengthen workplace culture by clearly defining acceptable behaviour, leadership responsibilities and consequences for breaches.
• Provide clear guidance and support pathways for workers, managers and witnesses, encouraging early reporting and constructive resolution.

Who is this for?

• Business Owners
• Directors and Officers (PCBU Officers)
• Human Resources Managers
• People and Culture Leaders
• WHS Managers and Advisors
• Line Managers and Supervisors
• Team Leaders
• Health and Safety Representatives (HSRs)
• Return to Work Coordinators
• Diversity, Equity and Inclusion (DEI) Managers

Hazards Addressed

• Psychosocial hazards arising from bullying, harassment and victimisation
• Sexual harassment, including online and technology-facilitated misconduct
• Discrimination based on protected attributes (e.g. sex, race, disability, age, religion, pregnancy, sexual orientation, gender identity)
• Occupational stress and anxiety caused by repeated unreasonable behaviour or exclusion
• Vicarious trauma and distress for witnesses and complaint handlers
• Retaliation or victimisation following a complaint or participation in an investigation
• Conflict escalation leading to broader team dysfunction and mental health impacts

Included Sections

• 1.0 Purpose and Scope
• 2.0 Definitions (Harassment, Sexual Harassment, Bullying, Discrimination, Victimisation, Psychosocial Hazard)
• 3.0 Legal and Regulatory Framework (WHS and Anti-Discrimination Obligations)
• 4.0 Roles and Responsibilities (PCBUs, Officers, Managers, Workers, HSRs, HR)
• 5.0 Behavioural Standards and Code of Conduct Expectations
• 6.0 Psychosocial Risk Management (Identification, Assessment and Control of Behavioural Risks)
• 7.0 Prevention and Early Intervention Strategies
• 8.0 Reporting Options and Confidentiality (Informal and Formal Pathways)
• 9.0 Triage and Initial Response to Concerns and Complaints
• 10.0 Informal Resolution Processes (Facilitation, Mediation, Management Action)
• 11.0 Formal Investigation Procedure (Planning, Evidence Gathering, Interviews, Natural Justice)
• 12.0 Support for Complainants, Respondents and Witnesses (EAP and Other Resources)
• 13.0 Outcomes, Corrective Actions and Disciplinary Measures
• 14.0 Recordkeeping, Privacy and Documentation Requirements
• 15.0 Managing Harassment and Discrimination in Remote, Hybrid and Online Work Environments
• 16.0 Training, Communication and Consultation with Workers
• 17.0 Monitoring, Review and Continual Improvement of the Procedure
• 18.0 Related Policies, Forms and Templates

Legislation & References

• Work Health and Safety Act 2011 (Cth) and equivalent state and territory WHS Acts
• Work Health and Safety Regulations 2011 (Cth) and equivalent state and territory WHS Regulations
• Respect@Work: Sexual Harassment National Inquiry Report (Australian Human Rights Commission)
• Sex Discrimination Act 1984 (Cth)
• Fair Work Act 2009 (Cth) – including anti-bullying and general protections provisions
• Age Discrimination Act 2004 (Cth)
• Disability Discrimination Act 1992 (Cth)
• Racial Discrimination Act 1975 (Cth)
• Australian Human Rights Commission Act 1986 (Cth)
• Safe Work Australia – Model Code of Practice: Managing psychosocial hazards at work
• Safe Work Australia – Guide: Preventing workplace sexual harassment
• AS/NZS ISO 45001:2018 Occupational health and safety management systems