Please review the information below and then return to the workplace harassment prevention course.
Harassment and discrimination based on a protected ground are prohibited under federal law and the laws of states and territories. Additionally, federal law and the laws of states and territories prohibit bullying, whether related to a protected ground or not. The federal government and state and territory governments have agencies that help employers and employees understand these legal requirements and ensure compliance with the laws.
Federal
The primary federal laws that prohibit employment discrimination include the Age Discrimination Act 2004, the Disability Discrimination Act 1992, the Racial Discrimination Act 1975, the Sex Discrimination Act 1984, and the Australian Human Rights Commission Act 1986.
The Fair Work Act 2009 provides protections against bullying and taking adverse action against an employee because of a protected attribute.
State or Territory
In Tasmania, the primary law prohibiting employment discrimination, including harassment, is the Anti-Discrimination Act 1998.
The Work Health and Safety Act 2012 provides protection from harassment and sexual harassment as a workplace hazard or risk.
Federal
Harassment or discrimination based on any attribute listed below is prohibited throughout Australia under federal law.
State or Territory Law
Harassment or discrimination based on any attribute below is prohibited under the law of Tasmania.
Under the Anti-Discrimination Act 1998, sexual harassment is defined as any unwelcome sexual advance, unwelcome request for sexual favours or other unwelcome conduct of a sexual nature in circumstances where a reasonable person, having regard to all the circumstances, would anticipate the possibility that the person harassed would be offended, humiliated or intimidated.
Sexual harassment can include:
Some forms of sexual harassment are also criminal offences and should be reported to the police.
Sexual harassment is not always obvious, repeated or continuous. Unlike bullying, which is characterised by repeated behaviour, sexual harassment can occur in a one-off incident.
Sexual harassment can also be a behaviour that while not directed at a particular person, affects someone who is exposed to it or witnesses it (such as overhearing a conversation or seeing sexually explicit posters in the workplace).
A claim for employment discrimination or harassment based on a protected ground may be made to the Australian Human Rights Commission or to Equal Opportunity Tasmania.
Complaints related to bullying and certain types of discriminatory actions may be made to the Australian Fair Work Ombudsman or to WorkSafe Tasmania.
An employee who has experienced discrimination, harassment or bullying may be entitled to monetary and other remedies. An employer may be required to take certain actions to correct or redress the unlawful conduct. Examples of potential remedies are listed below.
It is unlawful for an employer to engage in victimisation as to an employee who makes a claim or allegation as to discrimination or harassment or assists someone else to make such a claim or allegation.
The information contained on this page is for informational purposes only.
It does not, and is not intended to, constitute legal advice.