WorkSafe takes a systems-based approach to the prevention of inappropriate workplace behaviours such as bullying, harassment including sexual harassment and workplace violence/aggression including sexual assault.
WorkSafe inquiries focus on the systems in place at a workplace to prevent and manage psychosocial hazards. If a breach is identified, WorkSafe might issue an improvement notice to the person conducting a business or undertaking (PCBU) requiring them to enhance their systems. Alternatively, and less commonly, WorkSafe might take other enforcement action.
WorkSafe is not able to provide financial compensation, legal advice and mediation, or review the outcome of a workplace investigation, including an apology or a disciplinary outcome.
WorkSafe’s role is to check if duty holders are following work health and safety (WHS) laws. It is unable to act on all reported workplace behaviour issues. Priority will be given to cases where there is a current risk to the wellbeing of workers and where the hazard has been reported to the PCBU. This is to give them an opportunity to control the risks.
If a worker leaves the workplace or makes an anonymous complaint, it becomes more difficult for WorkSafe to verify the presence of a current hazard. In such cases, WorkSafe might examine the workplace’s policies, training, and reporting systems for workplace behaviour issues. However, this won’t necessarily affect an individual’s situation.
Further information on agencies that may be able to help or provide case management services is outlined below.
Other agencies that may be able to help
Fair Work Commission
For Commonwealth employers or corporate companies typically with ‘Ltd’ in the company name.
WA Industrial Relations Commission (WAIRC)
For state public sector or unincorporated employers. WAIRC can conciliate or issue a ‘stop bullying’ or ‘stop sexual harassment’ order.
Equal Opportunity Commission
For conciliation and investigation of sexual or racial harassment or discrimination.
Circle Green Community Legal
Provides free legal assistance services to Western Australian workers on workplace issues including sexual harassment, discrimination, bullying, dismissal and disciplinary action, pay, leave, and employment contracts.
Sexual assault resource centre (SARC)
Provides crisis services to people who have experienced a recent sexual assault in the last 2 weeks and counselling for sexual assault or abuse experienced recently or in the past. Services are available for people of all sexualities and gender identities aged 13 years and above.
WA Police
Contact the police if you have been assaulted or your safety has been threatened.
The Respect at Work Council
Provides guidelines to help determine when to use confidentiality clauses in workplace sexual harassment settlement agreements.
Lodge a complaint
To lodge a complaint with WorkSafe in relation to inappropriate workplace behaviours, please contact:
Phone: 1300 307 877 (during business hours)
Phone: 1800 678 198 (outside business hours – where urgent)
Email: wscallcentre@demirs.wa.gov.au