The year of Respect@Work and the rise of psychosocial safety
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As we reflect on the past year, few topics have reshaped the workplace landscape more profoundly than the Respect@Work reforms and the evolving framework around psychosocial hazards. These legislative and regulatory changes mark a significant shift in how businesses are expected to manage workplace culture, mental health risks, and sexual harassment—transforming what was once considered “best practice” into legal obligations.
The Respect@Work legislative reforms, arising from the landmark 2020 Respect@Work Report led by Sex Discrimination Commissioner Kate Jenkins, have gained momentum in 2023 and 2024. The shift from reactive responses to proactive responsibilities has been particularly striking. Organisations can no longer afford to simply respond to issues after they arise—they must now actively prevent them. This represents not just a compliance requirement, but a cultural turning point.
At a glance
A brief overview of key topics we’ve explored, along with trusted resources to help you stay across recent legislative changes and responsibilities.
Workplace Safety & Psychosocial Hazards
WHS obligations are evolving, with psychosocial hazards now recognised as a critical component. Regulators across Australia are increasingly focusing on the impacts of mental health at work, with the harmonised Work Health and Safety (WHS) laws placing clear responsibilities on employers. This includes managing risks related to stress, workload, bullying, harassment, job insecurity, and workplace culture — all of which can affect both mental health and overall safety.
Learn more:
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Mitigating psychosocial hazards: Safeguarding mental well-being in the workplace
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How to foster a zero-tolerance culture towards workplace bullying
- Recommended Respect@Work Education and Training Guidelines
Leadership & Positive Duty
The Respect@Work Act enforces a positive duty on employers and leaders — meaning you must take proactive, reasonable steps to prevent workplace harassment, not just respond after it happens. This shifts the focus to prevention, accountability, and leadership responsibility.
Learn more with:
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Respect@Work Act: New positive duty for managers in Australia
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AHRC’s guidelines for effective online education and training
- Understanding Psychosocial Health and Respect@Work Laws with Dr Ann Cody
- Webinar: New Respect@Work Act: Preparing for the December deadline
- Webinar: Australian Human Rights Commission (AHRC): Call to Leaders
- Compliance Corner podcast: The Positive Duty in action: Ensuring respect and psychosocial health at work
Let’s take a closer look at the key legislative changes driving this shift.
Summary of changes
2023 has brought significant legislative updates across multiple areas of employment law. Below is a summary of the key amendments introduced under the Respect@Work reforms and related workplace safety legislation. These changes not only broaden protections for workers, but also reshape how accountability is assigned within organisations.
The Respect@Work Act 2021
Sex Discrimination Act 1984
- Introduced an express prohibition on sex-based harassment
- Expanded the scope of the Act to cover additional groups, such as members of parliament and judges
- Extended prohibitions to conduct in connection with work
- Introduced accessorial liability for those involved in breaches of the Act
- Clarified that victimisation is a civil offence in addition to a potential criminal offence (also clarified under the Australian Human Rights Commission Act)
Fair Work Act 2009
- Added a new entitlement to compassionate leave for miscarriages
- Enabled the issuing of stop sexual harassment orders by the Fair Work Commission
- Designated sexual harassment as a valid reason for dismissal
The Respect@Work Act 2022
Sex Discrimination Act 1984
- Introduced offence of subjecting someone to a hostile work environment on the grounds of sex.
- Introduced employer duty to eliminate sex-related discriminatory conduct.
- Reduced the threshold to establish harassment on the ground of sex.
Australian Human Rights Commission Act 1986
- Conferred broad enquiry and enforcement powers on the Australian Human Rights Commission (AHRC) relating to employers’ positive duty to prevent discrimination.
- Empowered the AHRC to conduct enquiries into systemic unlawful discrimination and to publish reports on these enquiries.
- Allowed for representative applications (or class actions) to be made on behalf of persons who have been affected by discrimination.
- Extended the timeframe for making a complaint of unlawful discrimination.
Workplace Gender Equality Act 2012
- Required Commonwealth public sector organisations to report under the Workplace Gender Equality Act.
Age Discrimination Act 2004, Disability Discrimination Act 1992, and Racial Discrimination Act 1975
- Made clear that victimising conduct can be the basis of a civil claim for unlawful discrimination, as well as a criminal complaint.
Work Health and Safety amendments
Model WHS laws, state and territory work/occupational health and safety laws
- Imposed a duty to manage psychosocial risks on persons conducting a business or undertaking
Final thoughts: Lead the change
The Respect@Work reforms and psychosocial hazard regulations mark more than a legal shift—they’re a call to build safer, more inclusive workplaces.
Now is the time to review your practices, empower your leaders, and take meaningful steps to meet these new obligations. Compliance is just the start—lasting change comes from culture.
If you need support navigating these reforms, we’re here to help—with practical advice, training, and tools tailored to your organisation.
Let’s prioritise respect in your workplace
Need support turning these obligations into action? We're here to help.
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