Writing An Anti-Harassment And Discrimination Policy For Your Business

Creating a safe, respectful workplace is not only the right thing to do - it’s also a legal requirement in Australia. An effective Anti‑Harassment and Discrimination Policy sets clear expectations, helps you meet your obligations under Australian law, and gives your team confidence that issues will be handled promptly and fairly.

If you’re not sure where to start, don’t stress. In this guide, we’ll step you through what to include, how to roll your policy out, and practical tips for training, handling complaints and staying compliant as your business grows.

Why An Anti‑Harassment And Discrimination Policy Matters In Australia

Australian employers have a positive duty to provide a workplace that’s free from unlawful discrimination, sexual harassment, bullying and victimisation. This duty sits across several laws, including the Fair Work Act 2009 (Cth), state and territory Work Health and Safety (WHS) laws, and federal anti‑discrimination legislation (covering sex, race, disability, age and other protected attributes).

A well‑crafted policy helps you do three important things:

• Set clear standards of conduct so everyone understands what’s expected of them.
• Provide a consistent process for raising and resolving concerns - which reduces risk, confusion and delays.
• Demonstrate that you’ve taken reasonable steps to prevent unlawful conduct, which can be critical if a complaint escalates.

Equally, your policy is a practical tool for managers. It supports conversations, guides decisions and becomes the backbone of your broader Workplace Policy framework.

What Should Your Policy Cover?

Your Anti‑Harassment and Discrimination Policy should be clear, practical and tailored to how your business actually operates. At a minimum, include these elements.

1) Purpose And Scope

Explain what the policy is for, who it applies to, and the environments it covers. This should extend to employees, contractors, volunteers, interns and labour‑hire workers. Make it clear the policy applies at work, during work‑related travel or events, and in digital spaces (emails, messaging platforms and social media connected to work).

2) Definitions In Plain English

Define key terms and provide examples so staff can recognise unacceptable conduct. Keep this section practical and free of jargon.

• Harassment: Unwelcome conduct that a reasonable person would anticipate could offend, humiliate or intimidate someone.
• Sexual Harassment: Unwelcome sexual advance, request for sexual favours or other unwelcome conduct of a sexual nature in circumstances where a reasonable person would feel offended, humiliated or intimidated.
• Discrimination: Unfavourable treatment because of a protected attribute (e.g. sex, race, disability, age, religion, sexual orientation, pregnancy, parental status, or family responsibilities). Include both direct and indirect discrimination with examples.
• Bullying: Repeated unreasonable behaviour that creates a risk to health and safety.
• Victimisation: Unfavourable treatment because someone made a complaint, supported a complaint or is involved in an investigation.

3) Rights And Responsibilities

Set out what you expect from everyone, and what they can expect from you.

• All workers must: Treat others with respect, comply with the policy, and speak up if they experience or witness unacceptable conduct.
• Managers must: Lead by example, act on concerns promptly, keep matters as confidential as possible and follow the complaint process.
• Business owners must: Ensure systems, training and resources are in place to prevent and address harassment and discrimination, and monitor compliance.

4) Reporting Options

Outline multiple, accessible ways to raise a concern so people can choose what’s most comfortable for them. Typical options include reporting to a direct manager, HR, a designated senior contact, or via an anonymous channel if feasible. State that there will be no victimisation for making a complaint in good faith.

5) Complaint Handling And Investigation Process

Describe the steps you’ll take once a concern is raised. For example:

1. Receive and acknowledge the complaint (including anonymous reports if your systems allow).
2. Early assessment to determine the best pathway (informal resolution, mediation or a formal investigation).
3. Formal investigation where required - gathering information, interviewing parties and witnesses, assessing evidence fairly and promptly.
4. Outcome and actions - findings, corrective measures, support and next steps.
5. Record‑keeping and review - secure storage of files and consideration of systemic improvements.

Be clear about timeframes (e.g. acknowledging a report within a set number of business days) and support measures. When allegations are serious, you may need interim steps such as temporary redeployment or suspension on pay while facts are clarified. If you do proceed down a disciplinary path, ensure you follow procedural fairness, which may include issuing a show cause letter where appropriate.

6) Consequences Of Breach

List possible outcomes ranging from coaching and further training to disciplinary action up to termination, depending on the severity and circumstances. This helps ensure employees understand the seriousness of the policy.

7) Confidentiality, Privacy And Support

Explain how information will be handled, who may need to know to manage the matter, and what employee support is available (e.g. EAP, external counselling or adjustments to duties). Confirm your privacy obligations and how they interact with an investigation. Many businesses pair this with a clear Privacy Policy and internal guidance on handling complaints.

8) Training And Communication

Commit to regular training, refreshers for managers, and clear onboarding for new starters. Include how the policy will be distributed and where staff can access it (e.g. intranet, policy hub, employee app or in a Staff Handbook).

How To Draft And Implement Your Policy (Step‑By‑Step)

Here’s a simple process you can follow to get your policy drafted, approved and embedded across your business.

Step 1: Map Your Risks

Every workplace is different. Think about roles that involve customer‑facing work, remote or isolated work, late‑night shifts, power imbalances, or social events. Consider communication channels like messaging apps or shared devices. Your risk profile should shape the level of detail and examples in your policy and training.

Step 2: Draft In Plain Language

Use short sentences, headings and examples to make it easy to read. Avoid legal jargon. Employees should be able to skim the policy and quickly understand what they can and can’t do and how to get help if needed.

Step 3: Align With Your Contracts And Policies

Make sure your Anti‑Harassment and Discrimination Policy aligns with your Employment Contract terms, code of conduct and grievance procedures. If you’re updating your broader policy suite, this is a good time to review related documents like performance management tools and your broader Workplace Policy framework.

Step 4: Set Up Reporting And Investigation Pathways

Nominate trained contacts (at least one male and one female where possible), establish how to receive and log reports, and set realistic timeframes. Prepare investigation templates and checklists so managers can act quickly and consistently if a complaint arises.

Step 5: Consult, Approve And Publish

In larger teams, consult staff or your HSRs (health and safety representatives) so the policy reflects real‑world needs. Get leadership sign‑off, publish the policy in accessible places, and ensure it’s included in induction packs, onboarding modules and your Staff Handbook.

Step 6: Train Managers And Staff

Deliver short, practical training to all staff and a deeper session for managers covering how to respond to complaints, secure information and avoid common missteps. Reinforce respectful communication standards - especially useful if your teams are dispersed or rely heavily on digital channels. If you’re refreshing your leadership approach, align with your performance management process so coaching and corrective actions are consistent.

Step 7: Review Annually

Set a reminder to review the policy at least once a year, or after any incident, organisational change or legal update. Capture lessons learned and update your training accordingly.

Handling Complaints And Investigations Fairly

When a concern is raised, the way you respond matters. A fair, prompt process protects individuals, supports safe work and helps your business meet its legal obligations.

Early Triage

Start with a quick assessment to determine urgency and risk (e.g. safety concerns, potential ongoing harm). Decide whether informal resolution is appropriate or whether a formal investigation is required. Be mindful of power dynamics and don’t push for informal resolution where it might disadvantage the complainant.

Procedural Fairness

Share enough detail with the respondent to enable a proper reply, keep an open mind, and avoid pre‑judgment. Allow support persons in interviews where reasonable and keep good records. If you need to ask the respondent to provide their response to allegations, a well‑structured show cause letter can help maintain clarity and fairness.

Confidentiality And Record‑Keeping

Limit disclosure to those who need to know. Store documents securely and restrict access. Maintain a clear audit trail of decisions, evidence and outcomes. This not only supports legal compliance but also allows you to identify trends and implement preventative measures.

Support And Adjustments

Offer appropriate supports such as EAP, schedule adjustments or safety measures while the matter is being addressed. Consider broader wellbeing, and keep in mind your mental health obligations under WHS laws to eliminate or minimise psychosocial risks.

Outcomes, Remedies And Next Steps

Outcomes should be proportionate to the findings. Options include training, coaching, formal warnings or disciplinary action. If allegations are substantiated, think beyond the individual: do team norms, rosters, supervision or event guidelines need adjusting to reduce the risk of recurrence?

Escalation And External Options

Let staff know that external avenues exist (such as state or federal human rights commissions or the Fair Work Commission) and that internal and external paths can sometimes run in parallel. Your policy should also address how you handle requests for information if an external complaint is made.

Training, Culture And Ongoing Compliance

A policy alone isn’t enough - implementation and culture are what make workplaces safe and respectful.

Embed Respectful Behaviours

Encourage inclusive language, active bystander behaviours and early intervention. Make it easy for people to speak up about concerns. Reinforce the standards at team meetings and refreshers, not just at induction.

Recruitment And Promotion

Bias can creep in early, so assess your recruitment processes, job ads and interview questions. Avoid discriminatory questions and stick to role‑related criteria - review common pitfalls such as illegal interview questions to ensure your hiring practices are compliant and fair.

Manager Capability

Provide leaders with practical tools: conversation guides, checklists and escalation pathways. Make sure they know when to seek advice, particularly if a matter may lead to disciplinary action, a formal warning or termination documentation. If a complaint escalates, your team may also need support responding to harassment and discrimination claims.

Align With Your Broader Policy Suite

Consistency across your documents reduces risk and confusion. Your Anti‑Harassment and Discrimination Policy should sit alongside your code of conduct, grievance or complaint procedure, social media guidelines and other HR policies. Many businesses centralise these in a single, accessible Staff Handbook.

Keep Documentation Current

As roles change and new technology is adopted, review how your policy applies to online communication, remote work and events. Ensure your Employment Contract references the policy suite appropriately and that employees confirm they’ve read and understood the latest version.

Frequently Asked Questions

Do I Have To Have A Written Policy?

While the exact documents you need can vary, having a written Anti‑Harassment and Discrimination Policy is strongly recommended. It’s difficult to prove you’ve taken reasonable steps to prevent unlawful conduct without a clear policy and training program.

Can We Handle Complaints Informally?

Yes, some issues can be resolved informally (for example, through a manager‑led conversation) if that’s what the complainant wants and it’s appropriate in the circumstances. However, serious allegations or ongoing risks usually require a formal investigation and documented outcome.

How Often Should We Train Staff?

At least annually, and more frequently for managers. Offer refreshers after policy updates or if your risk profile changes (e.g. new teams, locations or significant structural changes).

What If A Complaint Could Lead To Disciplinary Action?

Follow a fair process and document each step. Depending on the circumstances, you may need to use formal investigation procedures, warnings and termination documentation. Align any action with your performance processes and consider guidance on performance management.

How Does Privacy Fit In?

Only share information on a need‑to‑know basis and store records securely. Your overarching Privacy Policy and internal complaint procedures should align, and you should clearly explain to staff how their data will be handled during and after investigations.

What Legal Documents Should You Have In Place?

To reinforce your policy and reduce risk across the employee lifecycle, consider these documents.

• Anti‑Harassment And Discrimination Policy: The core policy that defines unacceptable conduct, sets reporting pathways and outlines investigation steps and consequences.
• Code Of Conduct: The overarching behavioural standards for all staff and contractors, linking to your detailed policies.
• Employment Contract: Written terms that reference compliance with workplace policies and clarify disciplinary procedures and lawful directions - see Employment Contract.
• Grievance/Complaint Procedure: A clear, standalone procedure or a section within your policy suite that details how grievances are raised and managed.
• Staff Handbook: A central, accessible repository for your policy suite and HR processes - many businesses compile this using a Staff Handbook framework.
• Privacy Policy: Explains how personal information (including complaint data) is collected, used and stored - see Privacy Policy.
• Performance Management Documents: Templates for warnings, improvement plans and, where needed, show‑cause notices aligned to a fair process - supported by your performance management process.

Depending on your business and risk profile, you may also need policies covering work health and safety, social media, remote work and complaint escalation to external regulators. If a matter escalates, specialist support with harassment and discrimination claims can help you respond effectively and reduce legal exposure.

Key Takeaways

• An Anti‑Harassment and Discrimination Policy is essential for meeting your legal obligations in Australia and creating a safe, respectful workplace.
• Keep the policy practical: define unacceptable conduct, set clear reporting options, outline a fair investigation process and state consequences of breach.
• Align your policy with contracts and your broader HR suite, including your Workplace Policy, Employment Contract and Privacy Policy.
• Train staff regularly, build manager capability and review your approach annually or after any incident or legal change.
• Handle complaints promptly and fairly, maintain confidentiality, and document decisions - then address any systemic issues to prevent recurrence.
• Have the right templates and processes ready so you can act quickly and consistently if a complaint arises.

If you’d like help drafting or implementing an Anti‑Harassment and Discrimination Policy for your business, you can reach us at 1800 730 617 or team@sprintlaw.com.au for a free, no‑obligations chat.