Understanding Psychosocial Health and Respect@Work Laws with Dr Anna Cody

Safetrac’s inaugural Compliance Corner podcast delves into one of the most critical compliance challenges facing Australian workplaces today: psychosocial health and workplace hazards.

Hosted by Safetrac CEO Deborah Coram and co-host Craig Pattenden, the episode features Dr. Anna Cody, Australia’s Sex Discrimination Commissioner, who provides expert insights into the Respect@Work laws, positive duty obligations, and the vital role of leadership in fostering safe and inclusive workplaces.

The growing importance of psychosocial safety in the workplace

Psychosocial hazards – such as workplace bullying, harassment, job insecurity, and poor work-life balance-have a profound impact on employees’ mental health.

According to Safe Work Australia, mental health conditions accounted for 9% of all serious workers’ compensation claims from 2001 to 2020, with a 36.9% increase since 2017-18.

As Dr. Cody points out, psychosocial hazards are an essential area of focus for employers:
“Psychosocial hazards are the workplace bullying, harassment, discrimination, and toxic cultures that lead to significant mental harm. The need for proactive measures is now a legal responsibility.”

She advocates for a preventative approach, where employers not only address existing issues but actively create a safe, supportive work environment.

Psychosocial hazards include:

• High workloads and excessive job demands
• Workplace bullying, discrimination, and harassment
• Inadequate organisational support
• Toxic workplace cultures

Employers have a legal obligation to proactively manage psychosocial hazards under workplace health and safety (WHS) laws. This involves:

1. Identifying potential risks specific to their workplace.
2. Assessing the impact of those risks on employees.
3. Implementing control measures such as workload adjustments, support programs, and mental health training.
4. Regularly reviewing and improving these measures.

Deborah emphasised that compliance training should be ongoing and not a one-off exercise. Annual training, policy updates, and response mechanisms are essential to maintaining a mentally healthy and legally compliant workplace.

“Compliance training should be continuous, with reinforcement of key messages. It’s about consistency—ensuring that staff understand their obligations and that policies are refreshed whenever there’s a legislative or regulatory change.”

The Respect@Work Laws and Positive Duty

On 28th November 2022, the Australian Government passed the Anti‑Discrimination and Human Rights Legislation Amendment (Respect at Work) Act 2022. This implemented a further seven of the Respect@Work report’s 55 recommendations aimed at combatting workplace sexual harassment and other forms of sex-based discrimination.

Dr. Cody emphasised that under the new laws, workplaces cannot wait for complaints to emerge before taking action. Instead, employers are now required to actively eliminate risks associated with sexual harassment, discrimination, and victimisation.

“Workplaces needed to take responsibility for preventing and eliminating sexual harassment and other forms of unlawful conduct from our workplaces. The reality is that one in three workers have experienced sexual harassment, with certain groups such as First Nations workers and LGBTQ+ employees facing even higher rates.”

This positive duty shifts the responsibility for creating a safe workplace from individuals to employers, ensuring that proactive steps are taken to prevent issues before they occur.

Key compliance areas in the Respect@Work laws

1. Education and training—Regular, ongoing and mandatory training on workplace sexual harassment and respectful workplace behaviour.
2. Leadership commitment—Strong and visible commitment from senior executives and board members, to promote a respectful workplace culture.
3. Risk management—Identifying and eliminating risks related to harassment, discrimination, and victimisation.
4. Culture change—Encouraging bystander intervention and fostering respectful environments.
5. Effective reporting and support systems—Ensuring complaints are taken seriously and employees feel supported when reporting incidents.
6. Continuous evaluation—Regularly monitoring and improving the effectiveness of workplace policies and training programs.
7. Accountability—Demonstrating compliance through transparent policies and actions.

Dr. Cody stressed that sexual harassment exists across all industries, including male-dominated sectors like construction and mining, as well as retail and hospitality, where harassment often comes from customers. Organisations that claim “we don’t have a harassment problem” are often underreporting incidents, as only 18% of victims formally report workplace harassment.

The role of leadership in compliance

Effective compliance begins at the top. Dr. Cody stressed the importance of leadership in shaping an organisation’s culture and ensuring that sexual harassment prevention is more than just a legal requirement. It’s a moral imperative for leaders to establish clear expectations and model the behaviour they want to see across the organisation.

Leaders are also responsible for ensuring that employees have the resources and support to understand their rights and obligations. Dr. Cody reinforced this, saying: “It starts always at the top in terms of leadership and the standards that our organisations are prepared to uphold.”

This leadership-driven approach is essential for creating a culture where respect, inclusion, and accountability are the norm.

Moving beyond box-ticking: A commitment to proactive compliance

One of the major takeaways from Dr. Cody’s insights is that compliance training cannot be a one-off exercise. Ongoing education is key to embedding respect and preventing harassment. Deborah Coram echoed this by emphasising the importance of consistency and regular updates: “Compliance training should be continuous, with reinforcement of key messages. It’s about consistency—ensuring that staff understand their obligations and that policies are refreshed whenever there’s a legislative or regulatory change.”

When businesses view compliance as an ongoing commitment, rather than a series of box-ticking exercises, they are better equipped to create safer and more inclusive workplaces.

Final thoughts

The conversation with Dr. Anna Cody highlights the importance of proactive compliance, particularly in managing psychosocial risks and workplace harassment.

The Respect@Work laws have shifted the responsibility for creating a safe and inclusive workplace onto employers, and leadership must step up to foster a culture of respect and accountability. For businesses and HR professionals, this episode provides essential guidance on meeting legal obligations and promoting a workplace where everyone can thrive.

Safetrac is committed to fostering open discussions on workplace compliance, and this podcast will continue to feature leading industry voices on critical compliance issues.

Listen now on Spotify and YouTube to hear the full discussion and subscribe for more episodes on the latest compliance challenges and best practices.