
Laws & Legislation
Under the laws and legislation related to psychological safety in the workplace, employers have several obligations to ensure a safe and healthy working environment for their employees.
Obligations under psychological safety at work laws and legislation
- Providing a safe working environment: Employers are required to provide a safe working environment that is free from physical and psychological harm. This means that they must identify and manage any risks that could cause harm to employees and take steps to mitigate those risks.
- Preventing discrimination and harassment: Employers are obligated to prevent discrimination and harassment in the workplace and to ensure that employees are treated fairly and with respect. This includes preventing harassment and bullying based on race, religion, sexuality, or other protected characteristics.
- Protecting privacy: Employers must comply with the Privacy Act 1988 and protect the privacy of their employees. This includes ensuring that personal information is collected, stored, and used in accordance with the law.
- Consultation with employees: Employers are required to consult with their employees on health and safety matters and to involve them in the development of policies and procedures related to psychological safety in the workplace.
- Providing support for recovery: In the event that an employee is affected by harm in the workplace, employers must provide them with appropriate support to help them recover. This can include access to counseling and other mental health services, as well as adjustments to their work arrangements.
By meeting these obligations, employers can promote a safe and healthy working environment that protects the well-being of their employees and helps to prevent harm.
SAFEWORK AUSTRALIA
This model Code of Practice provides practical guidance to PCBUs on how to manage psychosocial hazards at work. Code of Practice: Managing psychosocial hazards at work
State Codes of Practice: Managing psychosocial hazards at work
Psychological safety is about creating an environment where staff can speak up, share ideas, ask questions and make mistakes without fear of humiliation or retribution. Creating this environment supports genuine participation and contribution by all staff as they feel valued and respected.

NSW Code of Practice
CODE OF PRACTICE MANAGING PSYCHOSOCIAL HAZARDS AT WORK
SAFEWORK NSW MAY 2021

WA Code of Practice

SA Code of Practice

QLD Code of Practice

Victoria Code of Practice
These laws underscore a collective commitment to eradicating harassment, discrimination, and bullying from workplaces across the country. By mandating the implementation of specific guidelines, Australia’s Respect at Work Legislation holds organisations responsible for creating workplaces that uphold the dignity and well-being of every individual. This signifies a resolute stance against behaviours that undermine inclusivity and mutual respect.
Central to compliance is the mandatory annual training for all staff members. This proactive approach empowers employees with the knowledge and tools to recognise, report, and address inappropriate behavior. Yearly training sessions cultivate a deeper understanding of rights, responsibilities, and acceptable standards of conduct, fostering an environment where respect is non-negotiable.
However, the legislation also introduces the concept of the All Reasonable Steps defence. This provision acknowledges that despite organisations’ best efforts, instances of misconduct may still arise. The All Reasonable Steps defence offers organisations a defence against liability if they can demonstrate that they took every feasible measure to prevent and address the behavior in question. This emphasises the need for proactive steps, clear policies, and diligent response mechanisms.
The significance of the All Reasonable Steps defence lies in its encouragement of comprehensive and strategic preventative measures. Organisations must go beyond mere compliance and actively demonstrate their commitment to cultivating respectful cultures. By ensuring robust policies, effective reporting mechanisms, and ongoing training, organisations can better shield themselves from liability while fostering an atmosphere of trust and accountability.
In conclusion, Australia’s Respect at Work Laws, paired with the requirement of annual staff training and the All Reasonable Steps defence, shape a holistic approach to workplace respect and safety. This multifaceted framework not only compels compliance but also encourages organisations to become pioneers in promoting inclusive, respectful, and secure work environments. By championing these principles, organisations uphold the spirit of the legislation and contribute to a transformative shift in Australia’s workplace culture.