No. Bullying and harassment are distinct legal concepts in Australia. Bullying, under the Fair Work Act 2009, Part 6-4B, requires repeated unreasonable behavior that creates a health or safety risk. Harassment, under anti-discrimination law, is unwelcome conduct based on a protected attribute and can be a single incident.
When bullying targets someone because of a protected attribute, it crosses into harassment and triggers different complaint processes.
How they differ
- Law: bullying under the Fair Work Act 2009, Part 6-4B. Harassment under the federal Sex Discrimination Act 1984 (which covers sex, sexual orientation, gender identity, and intersex status since the 2013 amendment), Racial Discrimination Act 1975, Disability Discrimination Act 1992, and Age Discrimination Act 2004. State anti-discrimination Acts cover additional grounds, including religion, in most jurisdictions. Still, there is no federal Religious Discrimination Act.
- Repetition: bullying requires repeated behavior, but harassment can be a single incident
- Protected attribute: not required for bullying, but required for harassment (sex, race, disability, age, sexual orientation, almost always, and religion under most state Acts)
- Report to: bullying goes to the Fair Work Commission, but harassment goes to the Australian Human Rights Commission (AHRC)
- Remedy: bullying gets a stop-bullying order only (no compensation), but harassment gets investigation, conciliation, and Federal Court referral with compensation possible
- "Reasonable management action": excluded from bullying (for example, performance feedback) and from harassment when not linked to a protected attribute
A manager giving blunt but fair feedback is not bullying. A manager repeatedly humiliating someone in front of colleagues for no work-related reason is. When the humiliation targets a protected attribute, it is also harassment.
Three reporting pathways
- Fair Work Commission: handles bullying and issues, stops bullying orders, but cannot award compensation. In FY 2023-24, the FWC received 883 stop-bullying applications and made only one order, while most were resolved through conciliation.
- AHRC: handles harassment and discrimination linked to protected attributes, and can refer to the Federal Court for binding orders, including compensation.
- State WHS regulators (SafeWork NSW, WorkSafe Victoria): handle psychosocial hazards under WHS law, with improvement or prohibition notices and significant fines
What has changed since 2022
The Respect at Work Act 2022 (effective 12 December 2022) created a positive duty: employers must take reasonable and proportionate measures to eliminate sexual harassment, sex-based harassment, and hostile workplace environments, rather than only responding after a complaint. This is aligned with what companies typically implement to avoid a hostile work environment. AHRC gained enforcement powers from 12 December 2023. Every Australian jurisdiction now requires employers to identify, assess, and control psychosocial hazards. Victoria's Psychological Health Regulations took effect on 1 December 2025.
Disclaimer:
This article informs. It does not advise on the law. State WHS rules differ. Victoria, NSW, and other states run their own frameworks.
TL;DR
- Bullying and harassment are not the same in Australia.
- Bullying involves repeated unreasonable behavior, no protected attribute required, reported to FWC (stop orders only, no compensation). Harassment involves unwelcome conduct linked to a protected attribute, can be a single incident, reported to AHRC (compensation possible).
- Since 2022, employers have a positive duty to prevent harassment and must manage psychosocial hazards under state WHS law.