Workplace bullying, in the Queensland approved code of practice, is repeated and unreasonable behaviour directed at a worker or group of workers that creates a risk to health and safety. Reasonable management action carried out lawfully and in a reasonable way is not bullying. A business must manage the risk.
This guide covers what counts as bullying, what does not, and what a business and a worker can do. For psychosocial hazards more broadly, see our guide to psychosocial hazards at work in Queensland.
What is workplace bullying?
The main source is the approved code of practice Managing the risk of psychosocial hazards at work Code of Practice 2022. It describes work-related bullying as repeated and unreasonable behaviour directed towards a worker or group of workers that creates a risk to health and safety. It can come from other workers, but also from clients, patients, visitors or others.
- Repeated means a persistent pattern. The code says there is no set number of incidents and the behaviour does not have to be the same each time, but the pattern must be persistent. The code’s sample policy adds that single incidents of unreasonable behaviour can also present a risk to health and safety.
- Unreasonable means behaviour a reasonable person, having considered the circumstances, would see as unreasonable, including behaviour that is victimising, humiliating, intimidating or threatening.
- Creates a risk to health and safety is what links it to the safety laws.
The code’s examples of behaviour that may be bullying if it is repeated, unreasonable and creates a risk (whether or not intended) include:
- abusive, insulting or offensive language, and belittling or humiliating comments
- aggressive and intimidating conduct, verbal or physical
- regularly making someone the brunt of practical jokes, or spreading malicious rumours
- unjustified criticism or complaints
- unreasonably excluding, completely ignoring or isolating someone
- setting unreasonable timelines, constantly changing deadlines, or setting tasks unreasonably below or beyond someone’s skill level
- using changes to rosters and leave as a way to victimise someone
What is not bullying?
The code says reasonable management action taken in a reasonable way is not work-related bullying. Performance management or administrative actions, carried out lawfully and reasonably, can be uncomfortable or distressing and are still a legitimate way for managers and supervisors to direct how work is done, give feedback and manage performance, deal with disagreements, and recruit, assign, transfer or terminate employment.
A made-up example
This example is made up to show the difference. Sam is a leading hand and Jo is an apprentice. Jo has twice set out a wall frame wrongly. Sam stops the job, explains what went wrong, shows Jo the correct method and says it will be checked at lunch. That is directing work and giving feedback, which is reasonable management action even if Jo feels embarrassed.
Now suppose that over several weeks Sam also mocks Jo in front of the crew, hands Jo only the dirtiest jobs, leaves Jo out of the smoko chat and changes Jo’s start times without notice. That is a pattern a reasonable person would see as unreasonable, and it could create a risk to Jo’s health. The first is about the work. The second is about the person.
What does Queensland law say about bullying?
We searched the Work Health and Safety Act 2011 (Qld) and the Work Health and Safety Regulation 2011 (Qld) in our library and neither uses the word “bullying”. The duties still apply because they cover health, which the Act defines as physical and psychological health (the dictionary in schedule 5, reached through section 4).
- Primary duty, section 19 of the Work Health and Safety Act 2011 (Qld). A person conducting a business or undertaking (PCBU) must ensure, so far as is reasonably practicable, the health and safety of its workers at work, including a work environment without risks to health and safety and the information, training, instruction and supervision needed to protect people.
- Psychosocial risks, sections 55A to 55D of the Work Health and Safety Regulation 2011 (Qld). A psychosocial hazard can arise from the design or management of work or from workplace interactions or behaviours, and may cause psychological harm. A PCBU must manage psychosocial risks, and when choosing controls must have regard to matters including workplace interactions or behaviours, the systems of work, and the information, training, instruction and supervision provided. The code lists bullying as one of these hazards.
- Worker duties, section 28 of the Work Health and Safety Act 2011 (Qld). A worker must take reasonable care for their own health and safety and that their acts or omissions do not adversely affect others, follow reasonable instructions, and co-operate with reasonable health and safety policies notified to workers. The code gives cooperating with a bullying policy as an example. Under section 7, contractors, apprentices and volunteers are workers too.
- Consultation, sections 47 to 49 of the Work Health and Safety Act 2011 (Qld). A PCBU must, so far as is reasonably practicable, consult workers likely to be directly affected, including when identifying hazards, assessing risks and deciding how to control them.
An approved code of practice is guidance rather than law in itself, but under section 26A of the Act a PCBU must comply with it or manage the risk in a way that is different but provides an equivalent or higher standard of health and safety. Under section 275 a court can rely on the code when deciding what is reasonably practicable.
What a Queensland business should do
This is what the approved code of practice sets out for bullying, in plain terms. The response can be scaled to the size and risks of your business.
- Look at what raises the risk. The code lists high exposure to other psychosocial hazards, a workplace that normalises inappropriate behaviour or does not apply behavioural standards, no action when reports are made, certain leadership styles (unpredictable, strictly autocratic, or hands-off), poor work relationships, vulnerable groups (such as young workers, apprentices and new workers) and inadequate training.
- Fix the work, not only the people. The code’s example controls include designing work to reduce the psychosocial hazards that raise bullying risk, such as work demands, low role clarity and poor support.
- Put expected behaviour in writing with a bullying policy, tell workers and clients what is expected, and have leaders model it.
- Make reporting easy and safe, with accessible ways to report, a clear message that reporting is encouraged and victimising a reporter will not be tolerated, and feedback to people who report.
- Train and supervise, so workers and managers know the expected behaviour, how to report and how to respond. The code calls keeping a record of training good practice, and our free Employee Training Register is one way to do it.
- Consult. The code says that where response procedures are developed, this must be done in consultation with workers and health and safety representatives (HSRs), if elected.
- Review whether the controls work.
What a bullying policy covers
Appendix 5 of the code gives an example bullying policy. In summary it states a commitment to a workplace free from bullying, sets expected behaviour, defines bullying and what is not bullying, says who to raise concerns with, explains how the business will respond, promises confidentiality and no victimisation, and lists possible consequences of a breach. Use it as a model and write your own. If you want a starting point to adapt, our Workplace & Sexual Harassment Policy & Procedure Template and Disciplinary Action Policy & Procedure Template can be adapted (check the wording covers bullying the way you want), and the Consultation, Communication & Training Policy Template is another starting point to adapt. See also our guide to a WHS policy for a small business.
If someone reports bullying to you
The code sets out principles for responding to reports, to be applied so far as is reasonably practicable. These steps follow them; the order is practice, not a legal sequence.
- Act promptly, say how long it is likely to take and keep the person informed.
- Make sure they are safe now, reducing ongoing exposure and offering support.
- Take it seriously and keep it confidential, being clear about any limits.
- Be neutral. The person responding should not have been directly involved; the code suggests an external party if that is not possible. Let everyone give their side.
- Support everyone involved, including the person complained about, and allow a support person (an HSR, union representative or colleague) at meetings.
- Do not victimise the person who reported or anyone helping.
- Explain the process and outcome, including reasons for what was or was not done.
- Keep records. The code says it is useful to note who reported, when, to whom, the details, the action taken and any further action.
The code says the response can match the level of risk and the size of the business: a conversation led by a supervisor, or a formal independent investigation if the matter is serious or cannot be resolved. For the general process, see our guide to workplace incident investigation in Queensland.
If you are being bullied
These steps are drawn from the code’s sample policy. They are practice, not a legal checklist.
- Write down what happened, when and who was there. This is common practice.
- Raise it promptly with your supervisor, your HSR or another manager if you are not comfortable dealing with it yourself or your attempts have not worked. The sample policy also mentions a union delegate if you are a member, and says anyone who witnesses unreasonable behaviour should tell a manager as a matter of urgency.
- Ask for a support person at meetings, and use any employee assistance program your employer provides.
- Know the outside avenues. The code says workers have a right to apply to the Fair Work Commission, or to the Queensland Industrial Relations Commission if employed by the state public sector or local government in Queensland, for a stop work bullying order. It also says a worker outside the Fair Work Commission’s anti-bullying jurisdiction may seek an anti-bullying order from the Queensland Industrial Relations Commission. Those bodies set their own eligibility rules, so check with them.
- Reporting should not be punished. The code suggests making clear that disciplinary action will not be taken against workers who make a report (with a process for vexatious claims), and that victimising a reporter will not be tolerated.
Common mistakes
- Doing nothing when a report comes in. The code lists no action on complaints as a factor that increases the risk.
- A policy nobody has seen. The sample policy has new workers given a copy at induction, so cover it in your induction for new employees.
This guide is general information, not legal advice. Check the current law or talk to Workplace Health and Safety Queensland for your situation.
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