6. Stop unlawful behaviours

 The behaviours listed below are unlawful. They can cause compensable physical and mental injury, drive doctors out of the workforce, undermine safe patient care, and expose employers to significant legal, financial and reputational penalties.

Unlawful behaviours include:

1. Bullying
2. Harassment, including sexual harassment
3. Discrimination
4. Sex discrimination
5. Racism
6. Verbal and physical violence

These behaviours may be overt - such as name-calling, racist or sexual jokes, vilification, crude language or threats. They are also commonly low-grade, repetitive, coercive and cumulative, making them harder to identify and prove, particularly when incidents occur without witnesses. 

To respond effectively:

• Know the legal definitions
• Document incidents over time
• Ensure you can produce evidence before making a complaint

Where evidence is substantiated, outcomes may include a formal apology (which does not need to be face to face), disciplinary action, or termination of the perpetrator’s employment. In some circumstances, anonymity for the complainant may be appropriate.Employers are legally responsible for preventing and proactively addressing unlawful behaviour, ensuring safe workplaces, and fostering cultures that clearly discourage abuse.

Vicarious liability means an employer may be held legally responsible for the actions of employees, contractors, visitors, or patients.For support pathways, refer to Topic 9.

1. Bullying 

Workplace bullying is repeated, unreasonable behaviour directed at a worker that creates a risk to health and safety. When repeated or patterned, bullying may include:

• verbal abuse
• constant or unfair criticism
• exclusion or isolation
• psychological harassment
• intimidation
• derogatory comments
• meaningless or demeaning tasks
• impossible assignments
• roster manipulation to disadvantage individuals
• suppression of ideas
• deliberate withholding of essential information
• spreading rumours

Bullies often target selectively and may appear charming or competent on the surface. Targets are frequently disbelieved or labelled as “difficult”, while witnesses may remain silent to avoid becoming targets themselves.

Employer inaction causes serious harm - to individuals, teams and organisations. A common myth suggests targets are oversensitive or weak. In reality, individual doctors should not be expected to carry the burden of complaint processes alone.

If you are experiencing bullying:

• Seek regular confidential debriefing with an independent GP, psychologist or psychiatrist
• Limit contact with the bully where possible; keep interactions brief and professional
• Build alliances with trusted colleagues and address “splitting” early
• Focus on doing your best work; avoid seeking approval or disclosing vulnerabilities
• Prioritise self-care and connection outside work
• Do not internalise the bully’s behaviour
• Obtain and follow your workplace anti-bullying policy
• Document objective evidence contemporaneously
• Insist on confidential complaint meetings without the bully present
• Maintain professionalism in all written communications
• Escalate if management is involved or ineffective
• Seek MDO advice if patient care is affected

For more information on bullying and where to seek help, refer to Topic 9.Bullying – further resources

• Fair Work Ombudsman – Bullying in the workplace  https://www.fairwork.gov.au/employment-conditions/bullying-sexual-harassment-and-discrimination-at-work/bullying-in-the-workplace
• Fair Work Commission – What to do if you’re bullied at work  https://www.fwc.gov.au/issues-we-help/bullying/what-do-if-youre-bullied-work
• Safe Work Australia – Preventing and responding to workplace      bullying  https://www.safeworkaustralia.gov.au/doc/guide-preventing-and-responding-workplace-bullying
• Australian Human Rights Commission – Cyberbullying  https://humanrights.gov.au/our-work/commission-general/cyberbullying
• eSafety Commissioner – Cyberbullying  https://www.esafety.gov.au/key-topics/cyberbullying
• Australian Human Rights Commission – Be a supportive bystander  https://humanrights.gov.au/our-work/commission-general/be-supportive-bystander

2. Sexual harassment

Sexual harassment is any unwelcome sexual behaviour that a reasonable person would expect might offend, humiliate or intimidate.Examples include:

• unwanted touching or staring
• repeated unwanted invitations
• sexual jokes or comments about appearance
• sexually explicit materials or messages
• sex-based insults, taunts or rumours
• unwelcome physical contact
• sexually explicit conversations
• threatening or promising employment outcomes in exchange for sexual favours

Sexual harassment does not require intent. Impact matters.

Sexual harassment – further resources

• Respect@Work – What you need to know (Safe Work Australia      factsheet)  https://www.respectatwork.gov.au/sites/default/files/2022-10/Rec%239_FACTSHEET_WSH_What%20you%20need%20to%20know.pdf
• Fair Work Ombudsman – Respect at Work reforms  https://www.fairwork.gov.au/about-us/workplace-laws/legislation-changes/respect-at-work
• Australian Human Rights Commission – Positive duty under the Sex      Discrimination Act  https://humanrights.gov.au/our-work/sex-discrimination/projects/positive-duty-under-sex-discrimination-act
• 
  

3. Discrimination

The Fair Work Act prohibits adverse action against an employee or prospective employee because of protected attributes, including:

• race or colour
• sex or sexual orientation
• age
• physical or mental disability
• marital status
• family or carer responsibilities
• pregnancy or breastfeeding
• religion
• political opinion
• national extraction or social origin
• gender identity or intersex status
• experiencing family or domestic violence

Adverse action includes dismissal, denial of entitlements, disadvantageous job changes, differential treatment, refusal to hire, or unfair contract terms.Discrimination can occur:

• when applying for a job
• before employment commences
• at any time during employment

Discrimination – further resources

• Fair Work Ombudsman – Protected attributes  https://www.fairwork.gov.au/employment-conditions/protections-at-work/protection-from-discrimination-at-work#protected-attributes
• Fair Work Ombudsman – What is adverse action?  https://www.fairwork.gov.au/employment-conditions/protections-at-work/protection-from-discrimination-at-work#adverse-action
• Fair Work Ombudsman – Resolving general protections disputes  https://www.fairwork.gov.au/employment-conditions/protections-at-work/protection-from-discrimination-at-work#help
• Australian Human Rights Commission – Sex discrimination and      positive duty  https://humanrights.gov.au/our-work/sex-discrimination/positive-duty-sex-discrimination-act
• Fair Work Commission – Gender identity and sexual orientation  https://www.fwc.gov.au/gender-identity-sexual-orientation

4. Sex discrimination

The Respect@Work inquiry revealed high rates of workplace sexual harassment across genders. Amendments to the Sex Discrimination Act now impose a positive duty on employers to actively eliminate sexual harassment, sex discrimination and hostile environments - even without a complaint.Healthcare settings are particularly affected due to hierarchy, workforce shortages and power imbalance. Discrimination against doctors who are pregnant or require parental leave is explicitly unlawful.

Employers must implement:

• robust policies and training
• independent reporting pathways
• monitoring of workplace culture
• proactive leadership

Employers are vicariously liable unless they can demonstrate they took all reasonable steps to prevent unlawful conduct.

5. Racism

Racism is often under-recognised. It includes behaviours or systems that offend, humiliate, exclude or disadvantage individuals based on race, ethnicity, nationality, descent or migrant status.Racism may be interpersonal or systemic and causes psychological and physical harm to both targets and witnesses.

Racism – further resources

• Safe Work Australia – Racism as a workplace hazard  https://www.safeworkaustralia.gov.au/safety-topic/hazards/racism
• Australian Human Rights Commission – What is racism?  https://humanrights.gov.au/our-work/race-discrimination/what-racism
• It Stops with Me campaign  https://itstopswithme.humanrights.gov.au/
• Australian Human Rights Commission – Race discrimination  https://humanrights.gov.au/our-work/race-discrimination

6. Physical and verbal violence

Violence from patients or carers is a serious work health and safety issue and must never be accepted as “part of the job”.Assault includes verbal threats; physical contact is not required. All incidents must be reported immediately.After an incident, teams should ask:

• Are staff safe now and in the future?
• Could this have been prevented?
• What controls need strengthening?

Management strategies may include behavioural agreements, removal from premises, documentation, file flagging and medicolegal advice.Stalking and cyberstalking - by patients or colleagues - must be addressed early with documentation, police involvement and safety planning. 

Ending a doctor–patient relationship may be necessary but must be carefully planned. Always seek medicolegal advice.

For more information on preventing and managing violence refer to Every doctor has a right to a safe workplace

Also refer to Topic 12 and www.everydoctor.org

Safer workplaces protect doctors. Safer doctors deliver safer care. 

The unlawful behaviours listed in this section of SafeDr are not inevitable, not cultural, and not part of the job. They are preventable, actionable, and subject to law.

Above all, doctors must feel safe raising concerns and confident they will be acted on. All health services have a legal duty to protect staff and must not normalise threatening behaviour.

For support pathways, refer to Topic 9.