6. Stop unlawful behaviours
Eliminating bullying, discrimination etc.
The following behaviours are unlawful. They can result in compensable psychological and physical injuries, negatively impact on the participation and retention of doctors in the medical workforce, and attract significant penalties for employers:
1. Bullying
2. Harassment, including sexual harassment
3. Discrimination
4. Sex discrimination
5. Racism
6. Verbal and physical violence
These unlawful behaviours can be overt, for example, through name calling, teasing, racist, sexual, or inappropriate jokes, vilification, or crude language. Sometimes, the behaviours can be low-grade, repetitive, coercive and accumulative – and therefore difficult to prove - particularly if there are no witnesses to verify incidents.
To respond effectively:
Know the definitions of the abuses and document your experiences over time. Proof may be in the form of emails or personal records of telephone calls or meetings.
If you discuss the incidents with a more senior colleague, it is their responsibility to meet you individually separately from the alleged perpetrator to establish the facts.
If the evidence is clear, a formal apology must be offered by the perpetrator. It may not be appropriate for this to occur face to face. Sometimes the complaint results in the termination of the employment of the perpetrator and it may be appropriate for the complainant to remain anonymous.
The organisation or practice must ensure that the person who has made the complaint and other staff are not subjected to these unlawful behaviours. This can be achieved by revising policies and procedures and providing mandatory training to staff. For further information on seeking help refer to topic 9.
Unlawful behaviours such as bullying, harassment (including sexual), discrimination, racism, and violence in the workplace can lead to significant psychological and physical harm, harm the retention of doctors, and attract serious penalties for employers. These behaviours can range from overt actions like name-calling or sexual jokes to more subtle, repetitive coercive actions that are harder to prove.
Employers are legally responsible for addressing and preventing these issues, ensuring that all staff work in a safe environment, and fostering a culture that actively discourages such behaviours.
Vicarious liability means that an employer may be found to be liable for the damaging behaviours of its employees, contractors, visitors or patients.
1. Bullying
Workplace bullying is repeated, unreasonable behaviour directed towards an employee or volunteer that creates a risk to their health and safety. The following types of behaviour, where repeated or occurring as part of a pattern of behaviour, could be considered bullying:
- verbal abuse
- constant criticism
- excluding or isolating an individual
- psychological harassment (for example, isolating someone by preventing others from befriending them)
- intimidation
- derogatory comments
- assigning meaningless tasks unrelated to the job
- giving employees impossible assignments
- deliberately changing work rosters to inconvenience particular individuals
- suppression of ideas
- deliberately withholding information that is vital for effective work performance
- spreading rumours about an individual or group
A person who displays bullying often has controlling needs and focuses on select targets. On the surface, a perpetrator may be charming and intelligent. People who are being bullied are often not believed at first and may be labelled as weak or negative by co-workers. Others sometimes recognise the perpetrator’s behaviour, but prefer to stay neutral to avoid the risk of being targeted themselves. Individual lives and organisations can be seriously damaged by inaction or passive responses.
In recent years, workplaces have become more aware of the need to assertively performance manage staff who repeatedly display unwanted behaviours. Bullies can sometimes be oblivious to the way their actions impact others and may be mortified when their behaviours are brought to their attention.
In these situations, sometimes it helps to say, ‘I’m not sure if you realise this but sometimes you . . .’ Confronting someone like this does not always work, but entirely avoiding confrontation never works.
A common false myth assumes victims of bullying are oversensitive, weak individuals who are unable to stand up for themselves. Individual doctors cannot be expected to initiate and endure onerous complaint processes on their own. If you feel you are being bullied by someone, consider enlisting the following networks of support:
- Seek regular debriefing from a skilled GP, psychologist, or psychiatrist, preferably independent from your workplace.
- Avoid contact with the bully; if not possible, keep interactions brief and professional.
- Enlist support from trusted colleagues, especially other victims, and address "splitting" promptly.
- Do your best work, avoid seeking the bully's approval, and refrain from sharing vulnerabilities.
- Practice extreme self-care outside of work and stay connected with supportive people.
- Don’t internalise the bully’s irrational behaviour or waste time ruminating on responses.
- Obtain and follow your workplace's anti-bullying policy and document any objective evidence of bullying.
- In a complaints process, ensure confidential meetings without the bully present and demand an apology if appropriate.
- Maintain a constructive relationship with your manager during the process, avoid being defensive, and use facts in your complaint.
- Be mindful that written communications may be scrutinised in an investigation; remain professional at all times.
- If the manager is the bully or involved, escalate the complaint to higher management or HR.
- Leadership must ensure effective occupational health and safety policies are in place, including non-compliance penalties.
- If patient care is compromised, seek medicolegal support and advice from your MDO.
For more information on where to seek help, refer to topic 9.
Other references on bullying
reporting https://www.fwc.gov.au/issues-we-help/bullying/what-do-if-youre-bullied-work
employer duties https://www.safeworkaustralia.gov.au/doc/guide-preventing-and-responding-workplace-bullying
https://humanrights.gov.au/our-work/commission-general/cyberbullying
https://www.esafety.gov.au/key-topics/cyberbullying
https://humanrights.gov.au/our-work/commission-general/be-supportive-bystander
2. Sexual harassment
Sexual harassment is any unwanted or unwelcome sexual behaviour which makes a person feel offended, humiliated or intimidated.
- Unwanted touching
- Unwanted staring
- Repeated unwanted requests to go on dates
- Sexual jokes
- Questions or comments about your body
- Displays of rude pictures
- Not hiring or promoting someone because of their sex.
Examples include:
- offensive verbal comments and offensive jokes with sexual connotations
- propositions or lewd gestures
- making promises or threats in return for sexual favours
- displays of sexually graphic material including posters, cartoons or messages left on notice boards, desks, computer screens or common areas
- repeated invitations to go out after prior refusal
- sex-based insults, taunts, the spreading of rumours, teasing or name-calling
- unwelcome physical contact such as massaging a person without invitation or deliberately brushing up against them
- sexually explicit conversations
- offensive phone calls, voicemails, letters, emails or text messages or computer screen savers
To be defined as sexual harassment, it has to be reasonable to expect that there is a possibility that the worker being sexually harassed would be offended, humiliated or intimidated.
You can find more information about the positive duty under the Sex Discrimination Act on the Commission’s website. Resources include Guidelines for Complying with the Positive Duty, an Information Guide: Relevant Unlawful Conduct, Drivers, Risk Factors and Impacts, a Quick Guide, Small Business Resource, and other factsheets.
For more information on where to seek help refer to topic 9.
Other references
https://www.fairwork.gov.au/about-us/workplace-laws/legislation-changes/respect-at-work
3. Discrimination
The Fair Work Act prohibits an employer from taking adverse action against an employee or a prospective employee for discriminatory reasons. This includes because of their:
- race
- colour
- sex
- sexual orientation
- age
- physical or mental disability
- marital status
- family or carer's responsibilities
- pregnancy
- religion
- political opinion
- national extraction
- social origin
- breastfeeding
- gender identity
- intersex status
- experiencing family and domestic violence.
Adverse action includes doing, threatening or organising any of the following:
- firing an employee
- injuring the employee in their employment (for example, not giving an employee their legal entitlements, such as pay or leave)
- changing an employee's job to their disadvantage
- treating an employee differently than others (for example, treating someone differently based on their sex or gender identity)
- not hiring someone
- offering a potential employee different and unfair terms and conditions for the job compared to other employees.
Discrimination can happen to:
- someone applying for a job as an employee
- a new employee who hasn't started work
- an employee at any time during employment.
For more information on where to seek help refer to topic 9.
Other references:
Protected attributes https://www.fairwork.gov.au/employment-conditions/protections-at-work/protection-from-discrimination-at-work#protected-attributes
What is adverse action? https://www.fairwork.gov.au/employment-conditions/protections-at-work/protection-from-discrimination-at-work#adverse-action
Resolving general protections issues https://www.fairwork.gov.au/employment-conditions/protections-at-work/protection-from-discrimination-at-work#help
https://humanrights.gov.au/our-work/sex-discrimination/positive-duty-sex-discrimination-act
https://www.fwc.gov.au/gender-identity-sexual-orientation
4. Sex discrimination
The Respect@Work report revealed high rates of workplace sexual harassment in Australia - 39% of women and 26% of men over five years—highlighting it as a societal, not just women's, issue. In response, changes to the Sex Discrimination Act in December 2023 gave the Australian Human Rights Commission (AHRC) new powers to enforce a “positive duty” on employers to actively eliminate sexual harassment, sex discrimination, and related misconduct.
Now, senior workplace leaders, including those in healthcare, must take action even without a formal complaint. Hostile environments based on sex are unlawful, and employers can be held accountable if they ignore or allow harmful behaviours such as offensive remarks or unwelcome contact. This shift is especially relevant to the medical field, which has seen troubling rates of doctor suicide and increasing reports of harassment and gender bias, and discrimination against doctors who are pregnant or require parental leave.
To comply with the new duty, workplaces must implement robust policies, training, and complaint systems that protect employees during and outside work hours.
Failure to meet these obligations can result in legal, financial, and reputational consequences for both individuals and employers. Organizations are now vicariously liable for unlawful conduct by their employees unless they can demonstrate they took all reasonable steps to prevent it. This raises the stakes for senior leaders, such as hospital executives and practice managers, who must ensure compliance through proactive leadership. It is no longer sufficient to react to complaints—employers must build a culture that actively discourages harassment and discrimination. This includes ensuring all staff understand their rights and responsibilities, regularly reviewing policies and procedures, and monitoring workplace culture for signs of risk. By taking these preventive measures, employers not only protect all their staff but also reduce their legal exposure and uphold the integrity of their institution.
For more information on where to seek help, refer to topic 9.
5. Racism
Racism includes anything that offends, insults, humiliates, negatively views or unfairly treats a person or group of people because of their race, colour, descent, nationality, ethnicity, or migrant status.
Racism can cause both psychological and physical harm to the person or people it is directed at. It can also harm other people who witness or are exposed to it.
In the workplace, racism might be expressed through harmful behaviours, including harassment, abuse or humiliation, intimidating behaviour, violence, discrimination, and exclusion.
A person may experience racism through the behaviour of other workers, including supervisors, or managers. It may also come from third parties such as customers, clients or other businesses you work with, such as suppliers.
Racism can also occur systemically, for example where the organisation’s policies, procedures, and practices directly or indirectly discriminate, exclude, or disadvantage people from racially marginalised groups.
For more information on where to seek help, refer to topic 9.
Other references
https://www.safeworkaustralia.gov.au/safety-topic/hazards/racism
https://humanrights.gov.au/our-work/race-discrimination/what-racism
6. Physical and verbal violence
Violence from patients or carers in healthcare reflects broader societal aggression and is a serious occupational health and safety issue. It should never be accepted as “part of the job” due to its impact on staff, including anxiety, depression, PTSD, and decreased productivity. While anger from patients is often not personal, it's crucial to recognize when it escalates into unacceptable behaviour and act early to de-escalate.
Assault includes physical or verbal threats, even without contact, and can be highly traumatic. Health services must have robust safety systems and are legally accountable for managing workplace violence. Staff need thorough orientation and ongoing training in handling these incidents.
Violence must be reported immediately and reviewed to improve safety protocols. Staff should remain up to date with procedures and contribute to early intervention. Team debriefings help assess incidents, support affected staff, and refine preventative measures.
Key questions after an incident include: What happened? Are staff safe? Was the assault intentional or due to cognitive impairment? Could it have been prevented? What are the next steps for managing the patient? Should their file be flagged for future risk?
Managing such patients may involve behavioural guidelines, removal from the premises, follow-up communication, and documentation. Health services must support staff in raising concerns and reinforce that violence is not acceptable.
While mental illness is often unfairly linked to violence, patients with untreated conditions may sometimes pose risks. Doctors play a vital role in early diagnosis and treatment to reduce this risk. Overrepresentation of people with mental illness or addiction in the justice system highlights the need for better community mental health support.
Unfortunately, people with mental illness and drug and alcohol problems are overrepresented in the criminal justice system. This is a human rights issue directly related to poor access to comprehensive mental healthcare in the community for people with severe personality disorder, alcohol and drug problems and untreated psychosis.
The traumatic impact of stalking is often overlooked, sometimes as it occurs outside the workplace. Stalking involves repeated, unwanted attention that causes fear or distress and must be addressed early. Key strategies include: documenting all contact, involving police early, varying routines, avoiding engagement with the stalker, and enhancing personal and workplace security. Inform colleagues, friends, and neighbours, and ask them to remain alert.
Cyberstalking, involving online threats or harassment, should also be reported to police immediately.
Ending a doctor–patient relationship may be necessary due to violent or inappropriate behaviour, or when care can no longer be effectively provided. It should be handled with clear communication and planning to avoid worsening the situation. Abrupt termination without follow-up may escalate threats or shift harm to others. Always seek medicolegal advice to ensure safe and appropriate transition of care.
Most of all, doctors and other staff must feel confident expressing anxieties regarding unacceptable patient behaviours and be reassured their concerns will be acted on. All health services, including hospitals, medical practices or clinics, have a responsibility to protect all employees and contractors and must not accept threatening behaviours from patient or their carers as a ‘normal’ way of working or ‘just part of the job’.
For more information on where to seek help, refer to topic 9.