Facing Psychological Abuse at Work? Your Rights Under Australian WHS Laws
Psychological abuse -bullying, harassment, yelling, exclusion or toxic behaviour - is a serious psychosocial hazard under Australia’s Work Health and Safety (WHS) laws.
Employers (PCBUs) have a primary duty under the WHS Act to ensure, so far as reasonably practicable, that workers are not exposed to risks to psychological health. This includes identifying, assessing and controlling hazards like bullying, aggression, poor relationships and high job demands.
Your Rights:
•A psychologically safe workplace
•Raise safety concerns without fear of victimisation (unlawful under WHS)
•Be consulted on hazards
•Refuse unsafe work if you have a reasonable belief of immediate or imminent serious risk to your health (s84)
•Protection from retaliation
What to do:
1Document every incident (dates, details, witnesses, impact)
2Report internally (manager/HR/HSR) and request action
3See a GP and access counselling/EAP
4Escalate if needed: Contact your state regulator (SafeWork, WorkSafe etc.), apply to Fair Work Commission for a stop-bullying order, or pursue workers’ compensation
Early action protects your health and strengthens any claim. Laws apply nationally with minor jurisdictional differences.
Your mental health matters - don’t ignore it.
References:
•Safe Work Australia – Psychosocial Hazards
•Model WHS Act (s19, s84, Part 6)
•Fair Work Commission – Anti-bullying jurisdiction
•Relevant state WHS regulators (e.g. SafeWork NSW, WorkSafe VIC)
For advice specific to your situation, contact a regulator, union or employment lawyer. This is general information only.