Quick answer: Workplace bullying is a WHS hazard when repeated unreasonable behaviour creates a risk to health and safety. Employers need controls that address the cause of the behaviour, not just a complaint form after the damage is done.
Last reviewed: March 2026 by the BlueSafe Technical Team. Reflects current Australian WHS laws and regulations.
Bullying creates risk in more than one way. It can directly damage psychological health, and it can also drive mistakes, absenteeism, poor communication, and unsafe work practices.
If a workplace has bullying, the business needs a structured WHS response. A one-off warning or a policy in the induction pack is not enough.
What is workplace bullying under WHS law?
Workplace bullying is repeated, unreasonable behaviour directed at a worker or group of workers that creates a risk to health and safety.
The key parts are:
- Repeated conduct, not just a single event
- Unreasonable behaviour
- A real risk to health and safety
Examples include:
- Humiliating a worker in front of others
- Unfairly targeting the same worker with criticism
- Threatening behaviour or aggressive management
- Deliberately isolating a worker from information or tasks
- Repeatedly changing instructions to set someone up to fail
Not every difficult interaction is bullying. The legal question is whether the behaviour is repeated, unreasonable, and risky.
Reasonable management action vs bullying
Employers still need to manage performance, attendance, conduct, and standards. That is legitimate management work.
The distinction is whether the action is reasonable in the circumstances and carried out in a proper way.
| Scenario | Reasonable management action? | Why |
|---|---|---|
| Giving feedback on poor performance | Yes | It is part of normal management |
| Setting a deadline and following up | Yes | Work direction is expected |
| Reassigning tasks during a restructure | Usually yes | Management can change work arrangements |
| Public humiliation of a worker | No | The manner is unreasonable and risky |
| Repeatedly threatening dismissal without basis | No | Creates risk to health and safety |
| Correcting unsafe work practices | Yes | Safety enforcement is legitimate |
The practical point is simple. Management can be firm, but it must still be reasonable, proportionate, and respectful.
Why is bullying now a WHS issue?
Bullying matters under WHS law because it is a psychosocial hazard. If the work environment creates a risk of repeated unreasonable conduct, the PCBU must address the hazard at the source.
That means looking at:
- Workload and staffing
- Supervisory behaviour
- Role clarity
- Consultation and escalation pathways
- Culture and reporting systems
If the structure of the work keeps producing the same conflict, the problem is not just individual behaviour. The system may be contributing to the hazard.
What controls must employers implement?
The hierarchy of controls should be applied to bullying risks.
| Control level | Example control | What it changes |
|---|---|---|
| Elimination | Remove a worker from a known toxic reporting line where practicable | Removes exposure to the hazard |
| Substitution | Move from ad hoc verbal direction to a clear written workflow | Reduces ambiguity and conflict |
| Engineering | Use systems that clarify approvals, handovers, and responsibilities | Makes the work safer by design |
| Administrative | Anti-bullying policy, supervision standards, training, reporting process | Supports consistent management |
| Supportive measures | EAP, counselling, worker support contacts | Helps recovery, but does not remove the hazard |
Controls should target the source of repeated unreasonable conduct. That often means workload design, role clarity, and manager capability.
What should an anti-bullying policy include?
A policy should not just define bullying. It should explain how the business prevents and manages it.
At minimum it should cover:
- A plain-language definition of bullying
- The difference between bullying and reasonable management action
- Reporting options, including confidential options
- Investigation steps and timeframes
- Support for workers during the process
- Interim controls where there is ongoing risk
- Escalation to senior management where needed
The policy should be operational, not promotional. Workers need to know what happens after they raise a concern.
How should a bullying complaint be managed?
A consistent complaint process usually includes:
- Receive the complaint and record the key facts.
- Assess immediate risk, including whether separation is needed.
- Decide whether informal resolution is appropriate.
- Investigate if the issue is serious, repeated, or disputed.
- Identify root causes, not just the final incident.
- Implement controls and follow up.
A common mistake is focusing only on who was right in a disagreement. The WHS question is whether the workplace exposure is creating a risk that needs to be controlled.
What is the role of the Fair Work Commission?
The Fair Work Commission can deal with stop-bullying applications. That is separate from WHS enforcement.
The two systems can overlap:
- The Fair Work Commission deals with workplace conduct and stop-bullying orders
- WHS regulators deal with duty breaches, notices, and prosecutions
A business may need to respond in both systems at the same time. That is another reason why prompt, documented action matters.
State and territory variations
The information on this page is based on the Model WHS Act and Model WHS Regulations published by Safe Work Australia, adopted with some variations across most jurisdictions.
| Jurisdiction | Regulator | Key notes |
|---|---|---|
| NSW | SafeWork NSW | Bullying is treated as a psychosocial hazard under the current regulatory framework |
| VIC | WorkSafe Victoria | OHS psychological health regulations add a separate compliance layer |
| QLD | Workplace Health and Safety Queensland | Model psychosocial requirements apply |
| SA | SafeWork SA | Model psychosocial requirements apply |
| WA | WorkSafe Western Australia | Model psychosocial requirements apply |
| TAS | WorkSafe Tasmania | Model psychosocial requirements apply |
| ACT | WorkSafe ACT | Model psychosocial requirements apply |
| NT | NT WorkSafe | Model psychosocial requirements apply |
Always verify current requirements with your state or territory regulator, as local codes of practice and guidance may impose additional obligations.
Related guides
Frequently asked questions
Is workplace bullying a WHS issue in Australia?
Yes. It is a psychosocial hazard that can create a WHS risk, so employers must identify it, assess it, and control it. A policy alone is not enough if the work design keeps generating the same behaviour.
What is workplace bullying under WHS law?
It is repeated, unreasonable behaviour that creates a risk to health and safety. The pattern and effect matter, not just whether one event was unpleasant.
What controls must a PCBU implement for workplace bullying?
The business should change the conditions that allow bullying to persist. That can include workload changes, clearer reporting lines, management training, and a proper complaint process.
What is the difference between reasonable management action and bullying?
Reasonable management action is legitimate supervision, feedback, and performance management. It only becomes bullying if the way it is done is unreasonable, oppressive, or harmful.
Get the right documents for your business
Bullying control needs more than a policy statement. If your business wants defensible compliance, it needs a management system, a documented response process, and clear accountability for supervisors.