What are reasonable steps to prevent workplace harassment, bullying and discrimination?

Originally published: 6 November 2014
Updated: September 2026

Organisations have legal responsibilities to prevent and address workplace harassment, bullying and discrimination. Meeting these responsibilities requires ongoing action, including clear policies, effective training, accessible reporting processes and leadership accountability.

The steps required depend on the applicable law and the organisation’s circumstances. In 2026, employers must consider both their obligations to take reasonable steps to prevent unlawful conduct and their positive duty under the Sex Discrimination Act 1984 (Cth).

What has changed since this article was first published?

The Sex Discrimination Act now requires employers and persons conducting a business or undertaking to take reasonable and proportionate measures to eliminate, as far as possible:

• Sex discrimination in a work context.
• Sexual harassment in connection with work.
• Sex-based harassment in connection with work.
• Conduct creating a workplace environment that is hostile on the ground of sex.
• Related acts of victimisation.

This positive duty requires proactive prevention. Organisations must act before someone makes a complaint, regardless of their size or resources. Read more about the positive duty from the Australian Human Rights Commission.

Employers also need to manage health and safety risks associated with bullying and harassment. Under the model WHS framework, psychosocial risks must be eliminated or, where this is not reasonably practicable, minimised so far as is reasonably practicable. Employers should check the requirements in their jurisdiction. Safe Work Australia provides guidance on managing psychosocial hazards.

What does taking reasonable steps mean?

There is no single checklist that guarantees compliance for every organisation.

For example, employers may be held legally responsible for sexual harassment committed by their employees or agents in connection with work unless they can demonstrate that they took all reasonable steps to prevent it. This is known as vicarious liability. What constitutes all reasonable steps can differ between businesses. The Fair Work Ombudsman explains reasonable steps and vicarious liability.

The positive duty is a separate obligation. When considering whether prevention measures are reasonable and proportionate, relevant factors include:

• The organisation’s size, nature and circumstances.
• Its financial and other resources.
• The practicality and cost of the measures.
• Any other relevant circumstances.

The Australian Human Rights Commission’s positive duty guidelines explain how these factors apply. Smaller organisations still need to take meaningful action, with measures suited to their workplace.

What workplace factors should employers consider?

To identify where prevention measures are needed, consider:

• The nature of the work and how it is organised.
• Workplace culture, including behaviour that is tolerated or left unchallenged.
• Gender imbalances and differences in power or seniority.
• The number of junior workers and the level of supervision.
• Workforce diversity and barriers to understanding policies or reporting concerns.
• Previous incidents, complaints and feedback.
• Working hours, isolated locations, work travel and live-in arrangements.
• Work requiring close physical proximity.
• Interactions with clients, customers and other third parties.
• Online communication, remote working and work-related social events.

These considerations should inform practical action. For example, a policy may need to address inappropriate messages in a team chat, while an isolated worksite may require changes to supervision and reporting arrangements.

What practical steps can organisations take?

1. Make leaders accountable

Obtain visible support from the chief executive officer and senior management for preventing discrimination, harassment and bullying.

Make respectful conduct part of management responsibilities, position descriptions and performance reviews. Leaders should model the behaviour expected of everyone else and respond when concerns arise.

2. Develop clear, accessible policies

Develop and review policies in consultation with workers and their representatives. Explain prohibited behaviour, reporting options, how concerns will be handled and the potential consequences of misconduct.

Cover conduct in the workplace, online, during work travel and at work-related events. Provide translations or accessible formats where needed.

3. Communicate expectations regularly

Provide policies during induction and reinforce them through team discussions, reminders and training.

Make sure workers know where to find information and who they can approach for help. Check their understanding rather than relying solely on a signed acknowledgement.

4. Provide training suited to each role

Train workers to recognise inappropriate behaviour, understand their responsibilities and know how to raise concerns.

Give managers additional training on responding to disclosures, addressing inappropriate conduct, escalating concerns and supporting the people involved. Use examples relevant to the organisation’s work and risks.

5. Identify and control risks

Consult workers about where and how inappropriate conduct could occur. Review work arrangements, supervision, online communication and workplace materials.

Remove offensive material and address conditions that enable harmful behaviour. Record the measures taken and check whether they are working.

6. Provide safe reporting options and support

Offer accessible ways to raise concerns, including an alternative where the concern involves a worker’s direct manager.

Respond promptly and fairly, explain the process and available support, and protect people from victimisation. Handle information sensitively and explain the limits of confidentiality.

7. Review effectiveness and keep records

Keep appropriate records of training, consultation, reports, responses and prevention measures.

Use worker feedback and other information to identify gaps and improve the organisation’s approach. Review policies and controls when risks, work arrangements or legal requirements change.

These actions can support the Australian Human Rights Commission’s seven positive duty standards: leadership; culture; knowledge; risk management; support; reporting and response; and monitoring, evaluation and transparency. See the Commission’s guidelines for complying with the positive duty.

How often should workplace behaviour training be provided?

iHR Australia recommends face-to-face training every two years, with online training in alternate years. Training should be tailored to the needs of employees and managers.

This is a recommended approach, rather than a universal legal timetable. Organisations should review training needs when incidents occur, risks change or gaps in understanding become apparent.

Training should form part of an ongoing prevention program, supported by effective policies, leadership, reporting processes and action on identified risks.