3. Major new law reforms

Challenging employers fairly

Hospitals and other health services including general practices have been under enormous financial pressure post pandemic. Despite compromising working conditions, most doctors persist - providing a high standard of care under intense pressure to see more and more patients, without protected breaks or leave. 'Suck it up - it’s your job' isn’t just a throwaway phrase; it’s an intractable mantra in medicine. This must change.

A suite of recent WHS law reforms spanning sex discrimination, gender equality, racial discrimination, whistleblowing, fair work, wage theft, and work health and safety (WHS) now requires employers to prevent harm, pay for all work performed, and protect people who speak up. For doctors, especially those in training, this is more than compliance jargon - it’s about making our workplaces fairer, safer and more just, with serious penalties (including imprisonment) for organisations, directors and officers and other employers who do not comply with the following WHS laws. All employers including directors and officers of public and private hospitals, private medical practices and other health services must advocate for additional resourcing of these new government legislated WHS standards.

1. Sex Discrimination Act (SDA) - the positive duty to prevent hostile workplaces

What changed. Employers now carry a positive duty to take reasonable and proportionate steps to eliminate, as far as possible: sexual harassment, sex-based harassment, discrimination (including discrimination on the basis of pregnancy and carer responsibilities at home), hostile work environments on the ground of sex, and victimisation. This is not a 'nice to have' - it is a proactive obligation, enforceable through investigations, compliance notices and, if needed, Federal Court orders.

What it means. Policies and one-off training no longer cut it. Employers must show active, ongoing risk management, provide safe confidential reporting pathways, train managers and bystanders, and measure trends and outcomes. Pregnancy and carer discrimination must be tackled through safe rostering and leave access.

Potential employer penalties. Court-ordered remedies and damages. While the SDA’s positive duty is civil (not a stand-alone criminal offence), contempt of court for ignoring Court orders has serious consequences.

What doctors can do. Report SDA issues early and in writing, and ask how your workplace meets the positive duty (risk assessments, controls, monitoring). For more information about SDA, refer to the article entitled 'Doctors behaving badly on notice' under topic 10 on the main menu.

2. Workplace Gender Equality - targets for large employers

What changed. Organisations with ≥500 employees (such as most public and private hospital networks) must set and improve against gender equality targets over a three-year cycle, with public reporting.

What it means. Expect employer plans for equal remuneration, representation at senior levels, safe parental leave/return-to-work, and transparent promotion pipelines.

Potential employer penalties. Providing false or misleading data can attract prosecution.

What doctors can do. Use Workplace Gender Equality Agency (WGEA) obligations to push for transparent pay audits by specialty and level, published promotion criteria, and properly resourced parental/carer supports.

3. Racial Discrimination Act (RDA) and the National Anti-Racism Framework

What changed. The RDA prohibits overt and indirect racial discrimination. The National Anti-Racism Framework lifts expectations around culturally safe workplaces, better data, and systemic reforms across sectors - including healthcare.

What it means. Expect stronger focus on culturally safe services, fair recruitment and promotion, support for international medical graduates, and measurable action against racialised harms.

Potential employer penalties. Civil remedies - compensation, injunctions and orders - via the Federal Court following Australian Human Rights Commission processes.

What doctors can do. Document racialised incidents and ask how workplaces are measuring and addressing racial inequity. For more information about racism, refer to 'A clarion call to action against racism in medicine' under topic 10.

4. Whistle blower protections (Corporations Act) - retaliation is illegal

What changed. Victimising a whistle blower or breaching their confidentiality is a criminal and civil offence. Courts are imposing large civil penalties, and criminal liability for individuals is being considered.

What it means in hospitals. Company-structured health entities must provide confidential reporting channels independent of the subject of the complaint, protect identities, and prevent detriment. Retaliation - shifting rosters, denying training, hostile 'performance plans' - creates liability.

Potential employer penalties. Significant civil penalties for corporations; imprisonment possible for individuals who commit criminal victimisation offences.

What doctors can do. Ask for the hospital’s whistle blower policy. Use the recommended channels; keep timelines and copies of communications. If career detriment follows reporting, escalate quickly to the most senior levels of the organisation.

5. Fair Work Act - General Protections against adverse action after speaking up

What changed/clarified. The general protections prohibit employers from taking adverse action (e.g., unfair dismissal, demotion, cutting shifts, punitive performance management) because a workplace right was exercised - such as making a WHS or discrimination complaint.

What it means. 'Performance management' used as retaliation for speaking up is unlawful. Processes must be cleanly separated from complaints and conducted fairly.

Potential employer penalties. Civil penalties per contravention, compensation, and possible reinstatement of victims.

What doctors can do. Protest if a performance process starts soon after speaking up or reporting incidents or complaints. Seek legal advice promptly for career protection as employer timing and motive matter.

6. Wage theft - criminal liability for intentional underpayment

What changed. At the federal level (alongside existing state offences), intentional underpayment is a crime. This includes systemic underpayment of overtime, on-call, penalties and leave. Historic reliance on 'goodwill hours' is now a legal and reputational hazard.

What it means. Rostering, payroll and supervision must reflect reality: all hours recorded and paid, breaks protected, and training time properly classified.

Potential employer penalties. Very large fines for companies; imprisonment (up to 10 years) for individuals responsible for intentional wage theft.

What doctors can do. Record actual hours and escalate unpaid overtime. Use collective data to highlight systemic shortfalls. For more information, refer to 'Senior doctors must act on junior doctor wage theft' under topic 10.

7. WHS - industrial manslaughter and Category 1 offences

What changed. All Australian jurisdictions now have industrial manslaughter offences, and the top-end Category 1 penalties for reckless/negligent conduct have increased. Critically, WHS law treats psychological injury (from hazards like sustained bullying, harassment, violence, overwork, exposure to trauma) as seriously as physical injury.

What it means. Industrial manslaughter is rare but catastrophic. It is the ultimate sanction for egregious neglect leading to work-related death. It is defined as the unlawful killing of a worker due to gross negligence or recklessness by an employer, company director or other responsible officer, including department heads and senior medical officers. Effective safe systems must be in place to prevent industrial manslaughter (e.g., systems to address the risk of any form of violence, chronic understaffing and unsafe hours predisposing to accidents, entrenched bullying resulting in mental injury and suicide). By recognising risks early and advocating for healthy, fair and safe workplaces, tragedies can be prevented - among our patients, colleagues and workplaces.

Why it matters. WHS compliance is no longer a bureaucratic checklist. It saves lives.

Potential employer penalties. Multi-million-dollar corporate fines and long prison terms for individuals/officers (up to 25 years in some jurisdictions).

What doctors can do. Treat psychosocial hazards as notifiable WHS issues. Report early and specifically (who/what/where/frequency/impact). Keep copies of incident reports and responses. Doctors are uniquely placed to identify occupational risks early before they escalate into tragedy. Our responsibility does not end with clinical interventions for work-related stress, burnout, depression, post-traumatic stress disorder, or suicidality in colleagues. It extends to advocacy for safe workplaces and early intervention. In particular, senior doctors must model respectful, inclusive, professional behaviours and accountability. WHS and cultural safety training must become an essential part of medical curricula.

8. The Model Code of Practice - managing psychosocial hazards at work

What changed. This Code explains how employers must manage psychosocial risks. Relevant hazards include:

A. High job demands (workload with excessive patient-doctor ratios, time pressure, unsafe hours/night shifts, poor recovery)

B. Low job control (little say over rosters, rotation choice, clinical duties)

C. Poor support and supervision (especially nights and high-risk services)

D. Bullying, sexual harassment, discrimination, incivility

E. Occupational violence and aggression (OVA) from patients/visitors

F. Exposure to trauma without effective trauma responses (codes, resus, paediatrics, ED, ICU, psych)

G. Role conflict/ambiguity and poor change management

H. Inadequate staffing/skill mix, chronic vacancies, skeleton staffing levels and no cover for leave entitlements

I. Remote/after-hours work, unsafe on-call arrangements

What it means. Employers must:

A. Identify hazards comprehensively - unit by unit (ED, ICU, theatres, wards, outpatients, on-call) using incident data, rosters/payroll (overtime patterns), sick leave, WorkCover claims, exit interviews, security logs, and cultural safety surveys.

B. Assess risks by considering duration, frequency and severity, and recognise combined risks (e.g., high demands + low control + trauma).

C. Control risks with an organisational-first approach.

D. Work design - safe staffing ratios, maximum hours and night-work limits, protected breaks, escalation protocols, and junior-senior coverage standards.

E. Systems - zero-tolerance response to bullying/harassment and OVA; confidential reporting and feedback loops; safe redeployment; debriefing after traumatic events.

F. Capability - mandatory manager training on psychosocial risk; lawful, unbiased performance processes; trauma-informed leadership.

G. Environment - security infrastructure (duress alarms, safe rooms), secure after-hours access.

H. Support - confidential medical/psychological help outside line management; safe return-to-work.

I. Consult doctors (including trainees/IMGs/locums) and Health and Safety Representatives in risk assessments, control design and reviews.

J. Inform and train staff about psychosocial hazards, reporting options (including whistleblowing), rights under SDA/RDA/Fair Work/WGEA, and immediate responses to occupational violence.

K. Monitor and review using lead indicators (roster compliance with safe hours, overtime variance, leave denials, time-to-close grievances, code-black events) and lag indicators (injury claims, turnover, sentinel events). Adjust controls and report progress to the board.

Potential employer penalties. If a hospital cannot prove it identified psychosocial hazards, assessed them and implemented effective controls, it is exposed to WHS enforcement - up to Category 1 or industrial manslaughter in the worst outcomes.

For more information, refer to topic 5: protect mental safety.

9. Criminal exposure

Criminal exposure for employers/officers exists in:

A. Industrial manslaughter (death linked to WHS failings, including unmanaged psychosocial hazards)

B. WHS Category 1 reckless conduct (risk of death or serious injury/illness)

C. Wage theft (intentional underpayment)

D. Whistleblower victimisation (and confidentiality breaches)

Civil exposure (big money + orders) exists in:

E. SDA/RDA discrimination (damages/injunctions)

F. Fair Work general protections (uncapped compensation/reinstatement)

G. WGEA non-compliance (public naming/procurement consequences) and potential prosecution for false reporting

10. What this means for doctors - practical use cases

A. Unsafe hours and chronic understaffing

• Log your actual hours every shift; retain copies of rosters and timesheets.
• Report breaches (e.g., more than X consecutive hours, missed breaks) as WHS hazards, not as 'personal resilience issues'.
• If no action follows, escalate via the formal WHS reporting system; consider protected disclosures if systemic.
• If you are performance-managed shortly after speaking up, seek advice on adverse action.

B. Bullying, sexual harassment and hostile environments

• Use clear, factual incident notes (date, location, behaviour, witnesses, immediate impact).
• Ask how the hospital is meeting its positive duty: risk assessment, bystander systems, independent complaint pathways and outcome metrics.
• If you experience detriment after reporting, this may engage whistle blower and Fair Work protections.

For more information, refer to the articles on bullying under topic 10.

C. Racism and culturally unsafe workplaces

• Document patterns (allocation of cases, exclusion from training, derogatory comments)
• Request a review of recruitment/promotion data and training access by ethnicity/IMG status.
• Seek culturally safe supervision and escalate to formal processes if required.

For more information, refer to the article on racism under topic 10.

D. Wage theft and unpaid overtime

• Keep contemporaneous records (screenshots of paging times, scrub-in/out times,  activity logs).
• Raise the issue collectively where possible (e.g., cohort patterns) and ask for a payroll audit.
• Intentional underpayment risks criminal liability for employers/officers - this focuses attention.
• For more information, refer to the article on wage theft under topic 10.

E. Exposure to trauma and occupational violence

• Report incidents as WHS issues with direct links to staffing, security and supervision.
• Request debriefs, safe redeployment and trauma-informed support.
• For more information, refer to the article entitled 'Every doctor has a right to a safe workplace' under topic 10.

11. A culture shift - from 'be tougher' to 'design safer work'

The WHS law reforms share a clear theme: prevention by design, with accountability at the top. They move medicine away from 'speak up and hope for the best' toward lawful, measurable risk control. Doctors are no longer expected to absorb the harm of poor systems; employers must make work safe. Senior clinicians, as everyday leaders, have unusual leverage - they set rosters, model behaviour, shape training lists and determine whether concerns are heard or ignored. Early-career doctors, meanwhile, have stronger protections than ever before.

The law will not change culture by itself. But it gives doctors and patients reliable levers: protected reporting, enforceable duties, and penalties that bite when leadership fails. Use them. Document hazards. Make specific requests for controls. Escalate when needed. And insist on data - if it isn’t measured, it isn’t being managed.

SafeDr has been created by doctors for doctors to promote prevention and protection - and reduce employer fines, penalties and litigation and workers’ compensation claims. Safer doctors deliver safer care. This is not a slogan, but a legal standard employers must comply with.

For more information on seeking help, refer to topic 9.