Model WHS Laws

We created the model WHS laws in 2011.

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Duties under the model WHS laws 

A PCBU has a duty under the model WHS laws to eliminate risks to health and safety of workers and other persons so far as is reasonably practicable. If it is not reasonably practicable to eliminate risks, they must be minimised so far as is reasonably practicable.  

This means you must do all that you reasonably can to manage the risk of bullying occurring at your workplace. 

You must also, so far as is reasonably practicable: 

  • provide and maintain a work environment that is without risk to the health and safety of workers 
  • provide adequate and accessible facilities for the welfare of workers to carry out their work 
  • give workers the necessary information, instruction, training or supervision to do their job safely and without risks to health, and 
  • consult with workers, and health and safety representatives (HSRs) if you have them, about health and safety issues that may directly affect them.  

The national Guide for preventing and responding to workplace bullying has more information on your WHS duties and managing risks of bullying at work. 

Workers’ WHS duties 

Workers including employees, contractors, subcontractors, labour hire employees, outworkers, apprentices or volunteers have a duty to:  

  • take reasonable care for their own health and safety while at work  
  • take reasonable care to not adversely affect others’ health and safety 
  • comply with reasonable instructions 
  • co-operate with reasonable policies and procedures, for example a workplace bullying policy.  

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Further Advice

SWA is not a regulator and cannot advise you about WHS issues in the workplace. If you need help please contact your state or territory work health and safety authority.

In some circumstances, an order to prevent or stop a worker being bullied can be made under the Fair Work Act 2009 by contacting the Fair Work Commission

The Australian Human Rights Commission investigates and resolves complaints (under federal laws) of bullying based on a person’s sex, disability, race or age. It can also investigate and resolve complaints of workplace bullying based on a person’s criminal record, trade union activity, political opinion, religion or social origin. 

There are a number of services available to people who are feeling depressed, stressed or anxious as a result of bullying behaviour. They include: