Anti-Bullying Policy Template - Australia

Purpose and legal effect of an anti-bullying policy

An Anti-Bullying Policy is a critical governance document that outlines an organisation’s commitment to preventing workplace bullying, managing complaints, and complying with legal obligations to provide a psychologically safe workplace. Although not legally binding in the same way as a contract, it forms part of the employer’s duty of care and may be enforceable under employment law or internal procedures.

This template has been designed to:

• Define bullying and related behaviours in accordance with legal definitions and standards;
• Affirm the organisation’s zero-tolerance stance on bullying and associated misconduct;
• Outline complaint and investigation procedures, including internal reporting options;
• Provide protections against victimisation or retaliation for complainants or witnesses;
• Support compliance with the Fair Work Act 2009 (Cth), Model Work Health and Safety Laws, and relevant Codes of Practice.

Adopting and communicating a robust Anti-Bullying Policy is essential for fostering a respectful workplace culture and reducing legal and reputational risks.

Instructions for completion

Customisation and adaptation

This policy template should be reviewed and tailored to suit the organisation’s size, structure, and operational environment. Adapt the following areas as required:

• Names and roles of persons or departments responsible for managing complaints;
• Reporting channels, escalation pathways, and timeframes;
• References to internal grievance policies, WHS procedures, and code of conduct;
• Alignment with enterprise agreements, HR frameworks, or sector-specific requirements.

Legal and compliance considerations

Employers are required by law to provide a safe working environment under state and federal WHS legislation. Bullying may also intersect with discrimination, harassment, or general protections claims under the Fair Work Act 2009 (Cth) and Sex Discrimination Act 1984 (Cth).

Legal advice should be sought (e.g. from Maguire Legal at [email protected]) where:

• Allegations involve senior staff or complex misconduct;
• There is a risk of legal proceedings at the Fair Work Commission or under WHS law;
• Workplace policies need harmonisation with existing employment contracts or enterprise agreements.

Supplementary notes

• This policy should be made accessible to all staff and incorporated into induction and training programs.
• Ensure all managers and supervisors understand their role in upholding and enforcing the policy.
• Review and update the policy periodically to reflect legal updates and workplace feedback.
• Maintain documentation of all reported bullying complaints and responses for governance and legal defence.

Copyright and intellectual property notice

This document and its contents are subject to copyright protection under the Copyright Act 1968 (Cth) and all applicable intellectual property legislation. Unauthorised use, duplication, adaptation, or distribution is strictly prohibited without the prior written consent of Maguire Legal. Citation of excerpts is permitted only where full attribution is provided.

Legal disclaimer

This document has been prepared by Maguire Legal for general guidance purposes only. It does not constitute, and is not intended to constitute, legal advice. No warranties or representations are made as to its legal effect or suitability for specific circumstances. Users must exercise their own judgment and obtain independent legal advice prior to reliance. Maguire Legal disclaims all liability for any loss or damage arising from use of this document in whole or in part.

About Maguire Legal

Maguire Legal is an Australian law firm combining legal advice on all aspects of Australian employment, commercial, corporate and workplace relations law with exceptional business research skills and management development designed to build business capability in Australian enterprises of all types and size.

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