This is predominantly an information tool that contains elements of Workplace Health and Safety Queensland’s (WHSQs) preliminary screening process for workplace harassment complaints. The purpose of this tool is to provide general information to users on the various options open to them to resolve allegations of workplace harassment in their workplace. WHSQ’s services do not amount to providing legal advice. A legal practitioner should be consulted for legal advice.

The role of Workplace Health and Safety Queensland in workplace harassment complaints

Workplace Health and Safety Queensland responds to workplace harassment complaints only in certain situations that fall within the scope of the Workplace Health and Safety Act 1995:

• The complaint must (on the face of it) fall within the definition of workplace harassment (see below).
• The complaint must be in writing. The complainant will be sent an information package, including a checklist which must be attached to the complaint.
• The complaint should have been raised at the workplace and an attempt made to resolve the complaint internally. Information regarding the outcome of this step should be included in the written complaint.

Contact WHSQ Infoline on 1 300 369 915 for further information on the workplace harassment complaints process or to lodge a complaint with WHSQ

What is workplace harassment?

1. A person is subjected to ‘workplace harassment’ if the person is subjected to repeated behaviour, other than behaviour amounting to sexual harassment, by a person, including the person’s employer, a co-worker or group of co-workers of the person that:
   1. is unwelcome and unsolicited
   2. the person considers to be offensive, intimidating, humiliating or threatening
   3. a reasonable person would consider to be offensive, humiliating, intimidating or threatening
2. ‘Workplace harassment’ does not include reasonable management action taken in a reasonable way by the person’s employer in connection with the person’s employment.
3. In this section - ‘sexual harassment’ see the Anti-Discrimination Act 1991, section 119.

Discrimination and sexual harassment

Workplace harassment does not include acts of unlawful discrimination1, vilification2 or sexual harassment3. These complaints should be addressed to the Anti Discrimination Commission Queensland. See the following link Anti-Discrimination Commission Queensland

1. Discrimination on the basis of the following attributes— (a) sex (b) relationship status (c) pregnancy (d) parental status (e) breastfeeding (f) age (g) race (h) impairment (i) religious belief or religious activity (j) political belief or activity (k) trade union activity (l) lawful sexual activity (m) gender identity (n) sexuality (o) family responsibilities (p) association with, or relation to, a person identified on the basis of any of the above attributes.
2. Vilification refers to a public act which incites hatred towards, serious contempt for, or severe ridicule of, a person or group of persons on the ground of the race, religion, sexuality or gender identity of the person or members of the group.
3. Sexual harassment is any form of unwelcome attention of a sexual nature that is humiliating, intimidating or offensive.

Confidentiality statement.

This product is designed to protect your confidentiality. No personal or identifying information (e.g. cookies) will be collected by using this program.