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An Australian Workplace Code of Conduct is a formal employer document that sets out the standards of professional behaviour, ethical conduct, and workplace values expected of all workers. It provides a clear framework for decision-making in situations that are not always expressly covered by other workplace policies, and establishes the consequences for falling below the required standards. A Code of Conduct is one of the most fundamental documents in any Australian employer's suite of workplace policies. The legal foundation for a Workplace Code of Conduct in Australia rests on the employer's implied common law right and contractual right to issue lawful and reasonable directions to employees. A direction is lawful if it does not require an employee to do something unlawful, and reasonable if there is a legitimate business justification for it. The Fair Work Act 2009 (Cth) is central to the enforcement and legal effect of a Code of Conduct: under ss 387 and 388, the Fair Work Commission will consider, when assessing whether a dismissal for a Code breach was unfair, whether the employer had a valid reason for the action, whether the employee was notified of that reason, whether the employee was given an opportunity to respond, and whether dismissal was proportionate to the conduct in question. The Australian Public Service (APS) Code of Conduct established under the Public Service Act 1999 (Cth) ss 13 and 15 provides a widely referenced model for conduct standards in the public sector. While this model is specific to Commonwealth public servants, the conduct categories it employs — honesty, respect, diligence, care of Commonwealth resources, compliance with laws, and avoidance of conflicts of interest — reflect the conduct standards expected across Australian workplaces generally and are the basis for private sector codes of conduct throughout Australia. A well-structured Code of Conduct addresses a comprehensive range of conduct obligations: honesty and integrity in dealings with the organisation and its stakeholders; respectful treatment of all persons, including the prohibitions on bullying, harassment, and discrimination under the Sex Discrimination Act 1984 (Cth), Racial Discrimination Act 1975 (Cth), Disability Discrimination Act 1992 (Cth), and Age Discrimination Act 2004 (Cth); confidentiality obligations and privacy compliance under the Privacy Act 1988 (Cth) and the Australian Privacy Principles; responsible use of organisational property and resources; compliance with all applicable laws and professional obligations; responsible use of social media; avoidance of conflicts of interest; and proper handling of gifts, benefits, and hospitality. The Code should also address outside employment (secondary employment), which is increasingly common in the modern workforce. While the Fair Work Act 2009 (Cth) limits the extent to which employers can prohibit outside employment, reasonable restrictions connected to genuine business interests — such as those that address conflicts of interest, confidentiality, or performance impacts — are permissible. Conflicts of interest and gifts management are particularly important for organisations operating in regulated industries such as financial services (where the Corporations Act 2001 (Cth) ss 181–183 impose specific duties on directors and officers), healthcare, government contracting, and professional services. Robust disclosure and management processes for conflicts of interest and gifts help organisations maintain integrity and comply with applicable regulatory requirements. The bribery and corruption provisions of the Criminal Code Act 1995 (Cth) apply to all organisations operating in Australia. The Code of Conduct should make clear that offering or accepting bribes — whether in the form of cash, gifts, or other benefits — to improperly obtain or retain business is unlawful and will result in immediate disciplinary action, including referral to law enforcement authorities. This Workplace Code of Conduct is suitable for Australian businesses of all sizes and industries. It should be incorporated by reference into all employment contracts, acknowledged in writing by all workers upon commencement and following any amendment, and enforced consistently and in accordance with procedural fairness principles under the Fair Work Act 2009 (Cth).

What Is a Workplace Code of Conduct (Australia)?

An Australian Workplace Code of Conduct is a formal employer document that sets out the standards of professional behaviour, ethical conduct, and workplace values expected of all workers engaged by the organisation. It operates as a lawful and reasonable direction under the employment relationship, consistent with the employer's rights under the Fair Work Act 2009 (Cth) and at common law. The Code defines the organisation's values, specifies the required standards of conduct across key areas including honesty, respect, confidentiality, compliance with laws, use of resources, social media, conflicts of interest, and gifts and hospitality, and establishes the consequences for failing to meet those standards. It provides the ethical framework within which all other workplace policies — including anti-discrimination, bullying and harassment, WHS, and whistleblower policies — operate.

When Do You Need a Workplace Code of Conduct (Australia)?

Every Australian employer should have a Workplace Code of Conduct in place. It is particularly important when onboarding new employees (the Code should be signed at commencement and incorporated into employment contracts), when responding to a conduct complaint or workplace investigation, when an employee is subject to performance management or disciplinary proceedings, when reviewing organisational culture or values, or when the organisation is subject to regulatory scrutiny or a workplace audit. A Code of Conduct is also essential for organisations with obligations under industry-specific regulatory regimes — such as the financial services obligations under the Corporations Act 2001 (Cth) and ASIC regulatory guides — to demonstrate that workers understand and are required to comply with applicable standards. Having a clearly communicated Code is also a key factor the Fair Work Commission considers in assessing whether a dismissal for misconduct was fair under s 387 of the Fair Work Act 2009 (Cth).

What to Include in Your Workplace Code of Conduct (Australia)

A comprehensive Australian Workplace Code of Conduct should include the full legal name and ABN of the organisation, the policy version and effective date, and the name and contact details of the responsible officer. It should clearly articulate the organisation's core values, and address conduct standards across the following areas: honesty and integrity, respectful treatment of all persons (cross-referencing the Anti-Discrimination and Bullying and Harassment policies), compliance with applicable laws and professional registration requirements, confidentiality and privacy (including obligations under the Privacy Act 1988 (Cth)), responsible use of organisational property and resources, social media use (both professional and personal), conflicts of interest (including a disclosure obligation and a process for managing disclosed conflicts), outside employment or secondary work, gifts, benefits, and hospitality (including a disclosure threshold and a gifts register), and anti-bribery (referencing the Criminal Code Act 1995 (Cth)). The Code should also include reporting and speaking up obligations, protection from retaliation for good faith reports, a consequence framework up to and including summary dismissal for serious misconduct, and a regular review schedule.

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Anti-Discrimination and Diversity Policy (Australia)

An Australian Anti-Discrimination and Diversity Policy is a formal workplace document that sets out an employer's commitment to preventing discrimination, harassment, victimisation, and vilification in the workplace, and to fostering a culture of inclusion and equal opportunity. It reflects obligations imposed on Australian employers by an interlocking framework of Commonwealth and state and territory anti-discrimination legislation, and articulates the practical steps the organisation will take to comply with those obligations. The principal Commonwealth laws governing workplace discrimination are the Age Discrimination Act 2004 (Cth), the Disability Discrimination Act 1992 (Cth), the Racial Discrimination Act 1975 (Cth), the Sex Discrimination Act 1984 (Cth), and the Australian Human Rights Commission Act 1986 (Cth). Together these Acts prohibit direct and indirect discrimination in employment on the grounds of age, disability, race, colour, national or ethnic origin, sex, pregnancy, marital or relationship status, sexual orientation, gender identity, intersex status, and family responsibilities, among others. The Fair Work Act 2009 (Cth) s 351 provides a separate avenue of protection under the general protections provisions, prohibiting adverse action against an employee because of any of those attributes. A landmark development occurred on 12 December 2022 when the Anti-Discrimination and Human Rights Legislation Amendment (Respect@Work) Act 2022 (Cth) commenced, inserting s 47C into the Sex Discrimination Act 1984 (Cth). Section 47C imposes a positive duty on employers to take reasonable and proportionate measures to eliminate, as far as possible, sexual harassment, sex-based harassment, discrimination on the ground of sex, and conduct that creates a hostile workplace environment on the ground of sex. The Australian Human Rights Commission (AHRC) has been given enforcement powers in relation to this positive duty and has published a compliance framework identifying seven key standards against which employer conduct will be assessed: leadership, culture, knowledge, risk management, support, reporting and response, and monitoring, evaluation, and transparency. Every state and territory also has its own anti-discrimination legislation that applies to conduct occurring within that jurisdiction. These Acts extend protection to additional grounds such as sexual orientation and gender identity (in jurisdictions not yet covered by Commonwealth law), religious belief, political opinion, and criminal record, and may also govern areas beyond employment. Relevant state Acts include the Anti-Discrimination Act 1977 (NSW), Equal Opportunity Act 2010 (Vic), Anti-Discrimination Act 1991 (Qld), Equal Opportunity Act 1984 (WA), Equal Opportunity Act 1984 (SA), Anti-Discrimination Act 1998 (Tas), Discrimination Act 1991 (ACT), and Anti-Discrimination Act 1996 (NT). A well-drafted Anti-Discrimination and Diversity Policy helps employers demonstrate compliance with both the reactive obligations under these Acts (responding appropriately to complaints) and the proactive positive duty under s 47C of the Sex Discrimination Act 1984 (Cth). It also helps protect the organisation from vicarious liability: under ss 106 and 107 of the Sex Discrimination Act 1984 (Cth) and equivalent provisions in other Acts, an employer will be vicariously liable for the discriminatory or harassing acts of its employees unless the employer can show it took all reasonable steps to prevent the conduct. This policy is suitable for businesses of all sizes in all industries operating in any Australian state or territory. It should be communicated to all workers upon commencement and following any update, supported by regular training, and reviewed at least annually.

Workplace Bullying and Harassment Prevention Policy (Australia)

An Australian Workplace Bullying and Harassment Prevention Policy is a formal policy document in which an employer commits to preventing bullying, harassment, and related psychosocial hazards in the workplace. It sets out the legal obligations of the organisation under Australian law, defines the conduct expected of all workers, establishes a clear reporting and investigation procedure, and ensures that workers affected by bullying or harassment receive appropriate support and access to a fair resolution process. The primary legislative framework governing workplace bullying in Australia comprises the Fair Work Act 2009 (Cth) anti-bullying provisions and the Work Health and Safety Act 2011 (Cth) (WHS Act) psychosocial hazard obligations. Under ss 789FC to 789FI of the Fair Work Act 2009 (Cth), a worker who reasonably believes they have been bullied at work may apply to the Fair Work Commission (FWC) for an order to stop the bullying. Section 789FD defines bullying at work as repeated unreasonable behaviour by an individual or group of individuals towards a worker that creates a risk to health and safety. The definition expressly excludes reasonable management action carried out in a reasonable manner. The WHS Act 2011 (Cth) provides an additional layer of obligation. Under s 19, a person conducting a business or undertaking (PCBU) must ensure, so far as is reasonably practicable, the health and safety of workers. Safe Work Australia has published the model Code of Practice: Managing Psychosocial Hazards at Work (2022) which identifies workplace bullying and harassment as recognised psychosocial hazards that employers must systematically identify, assess, and control. Psychosocial hazards can cause psychological harm, which the WHS Act recognises as a form of harm just as serious as physical injury. A further dimension was added by the Anti-Discrimination and Human Rights Legislation Amendment (Respect@Work) Act 2022 (Cth), which inserted s 47C into the Sex Discrimination Act 1984 (Cth) with effect from 12 December 2022. This provision imposes a positive duty on employers to take reasonable and proportionate measures to eliminate, as far as possible, sexual harassment, sex-based harassment, and conduct that creates a hostile workplace environment on the ground of sex. The Australian Human Rights Commission (AHRC) has been given enforcement powers in relation to this positive duty and has published a compliance framework across seven standards: leadership, culture, knowledge, risk management, support, reporting and response, and monitoring, evaluation, and transparency. Vicarious liability is a significant risk for employers who fail to take preventive steps. Under the Sex Discrimination Act 1984 (Cth) s 106 and equivalent provisions in other discrimination legislation, an employer is liable for the harassing conduct of its employees unless it can demonstrate that it took all reasonable steps to prevent the conduct from occurring. A well-drafted and actively enforced Bullying and Harassment Prevention Policy, supported by regular training and an accessible complaint procedure, is the primary mechanism for establishing this defence. State and territory WHS legislation — including the Occupational Health and Safety Act 2004 (Vic), the Work Health and Safety Act 2020 (WA), and the WHS Acts in other jurisdictions — impose equivalent or additional obligations in relation to psychosocial hazards. State anti-discrimination Acts also apply to harassment conduct and may provide additional complaint avenues. This policy is suitable for all Australian employers, regardless of size or industry, and should be reviewed at least annually, supported by regular worker training, and actively communicated to all employees and contractors.

Workplace Health and Safety Policy (Australia)

An Australian Workplace Health and Safety (WHS) Policy is a formal document in which an employer commits to providing and maintaining a safe and healthy work environment for all workers and others affected by its activities. It sets out the organisation's WHS obligations under Australian law, defines the responsibilities of officers, managers, and workers, and establishes the systems and procedures the organisation will use to identify hazards, assess risks, and implement controls. The primary legislative framework governing WHS in Australia is the Work Health and Safety Act 2011 (Cth) (the WHS Act) and the Work Health and Safety Regulation 2017 (Cth) (the WHS Regulation), developed by Safe Work Australia as model legislation. As of 2026, the model WHS Act has been adopted by the Commonwealth, New South Wales, Queensland, South Australia, the Australian Capital Territory, the Northern Territory, and Tasmania. Victoria and Western Australia have separate but substantially similar legislation (the Occupational Health and Safety Act 2004 (Vic) and the Work Health and Safety Act 2020 (WA)). The central obligation on employers is found in s 19 of the WHS Act. A person conducting a business or undertaking (PCBU) must ensure, so far as is reasonably practicable, the health and safety of workers engaged by or caused to be engaged by the PCBU, and the health and safety of workers whose activities in carrying out work are influenced or directed by the PCBU. The 'so far as is reasonably practicable' qualifier requires the PCBU to weigh the likelihood and severity of a risk against the availability and cost of measures to eliminate or minimise it. Under s 27 of the WHS Act, officers of a PCBU (including directors and senior managers) have a positive duty to exercise due diligence to ensure the organisation complies with its WHS obligations. This includes acquiring and keeping up-to-date knowledge of WHS matters, understanding the operations and associated risks of the business, ensuring the PCBU has appropriate resources and processes to eliminate or minimise WHS risks, and verifying that those resources and processes are being used effectively. Workers also have duties under s 28 of the WHS Act. They must take reasonable care for their own health and safety, ensure their acts or omissions do not adversely affect the safety of others, comply with any reasonable WHS instruction given by the PCBU, and cooperate with any reasonable WHS policy or procedure. The WHS Regulation 2017 (Cth) supplements the WHS Act by providing detailed requirements for managing risks, including the hierarchy of controls: elimination, substitution, isolation, engineering controls, administrative controls, and personal protective equipment (PPE) as a last resort. Employers are required to consult with workers when identifying hazards, assessing risks, and making decisions about controls under Part 5 of the WHS Act. Notifiable incidents — including workplace fatalities, serious injuries or illnesses, and dangerous incidents as defined in ss 35 to 37 of the WHS Act — must be reported immediately to the relevant state or territory WHS regulator. The incident scene must be preserved until an inspector attends or authorises disturbance under s 39 of the WHS Act. Having a documented WHS Policy is a fundamental element of any effective WHS management system. It demonstrates the organisation's commitment to health and safety at the highest level, provides a framework for establishing WHS objectives and responsibilities, and supports compliance with the WHS Act and WHS Regulation. Employers with five or more employees are required to record significant findings of risk assessments in writing under the WHS Regulation. This WHS Policy is suitable for businesses of all sizes across all industries operating in Australia and should be reviewed at least annually, or whenever there is a significant change to operations, personnel, or legislation.

Whistleblower Policy (Australia)

An Australian Whistleblower Policy is a formal document that explains to employees, officers, contractors, and other eligible persons how they can report suspected misconduct or wrongdoing, and what legal protections apply to them when they do. The policy is required by law for certain companies and must set out the key features of the whistleblower protection regime established under Part 9.4AAA of the Corporations Act 2001 (Cth). The whistleblower protection reforms in the Corporations Act 2001 (Cth) commenced on 1 July 2019, significantly expanding the protections available to whistleblowers in the corporate sector. Under s 1317AI, public companies, large proprietary companies, and proprietary companies that are trustees of registrable superannuation entities must have a whistleblower policy. The policy must be made available to officers and employees of the company. Failure to have a compliant policy is an offence attracting a civil penalty. The regime defines an 'eligible whistleblower' broadly under s 1317AA to include current and former employees, officers, contractors, suppliers, associates of the company, and their relatives or dependants. This wide definition ensures that those with genuine knowledge of misconduct — including former employees and supply chain workers — can come forward and receive protection. A disclosure qualifies for protection under s 1317AA(1) if the eligible whistleblower has reasonable grounds to suspect that the information concerns misconduct, or an improper state of affairs or circumstances, in relation to the company or a related body corporate. This includes suspected contraventions of the Corporations Act or the ASIC Act 2001 (Cth), conduct representing a danger to the public or the financial system, and tax-related misconduct under the Taxation Administration Act 1953 (Cth). The key protections afforded to eligible whistleblowers who make qualifying disclosures include: confidentiality protection under s 1317AAE, making it a criminal offence to disclose the identity of a whistleblower without their consent; protection from detriment under s 1317AD, prohibiting dismissal, demotion, harassment, discrimination, or any other adverse action because of a disclosure; civil and criminal immunity under s 1317AB, meaning a whistleblower cannot be sued or prosecuted in respect of their disclosure; and compensation rights under s 1317AE for any loss, damage, or injury suffered as a result of unlawful detriment. The whistleblower policy must, under s 1317AI(3), include information about: the protections available to whistleblowers; the disclosures to which those protections apply; how disclosures can be made; how the company will support and protect whistleblowers, including confidentiality measures; how the company will investigate disclosures; how the company will ensure fair treatment of employees mentioned in disclosures; and how the policy will be made available to officers and employees. In addition to the Corporations Act regime, whistleblower protections for tax-related disclosures are provided under ss 14ZZC to 14ZZE of the Taxation Administration Act 1953 (Cth), administered by the Australian Taxation Office. The Public Interest Disclosure Act 2013 (Cth) also provides a parallel regime for public sector whistleblowers. Best-practice whistleblower programs include independent external hotlines to allow anonymous reporting, regular training for managers and the Whistleblower Protection Officer on handling disclosures, clear procedures for managing conflicts of interest in investigations, and regular Board-level reporting on whistleblower disclosures. ASIC has published regulatory guidance (RG 270) providing detailed guidance on implementing whistleblower policies in practice. This Whistleblower Policy template covers all mandatory elements required by s 1317AI of the Corporations Act 2001 (Cth), including eligible whistleblowers and disclosures, protections from detriment and breach of confidentiality, how to make a disclosure to internal and external recipients, the investigation process, fair treatment obligations, and Board authorisation.

Social Media Policy (Australia)

A Social Media Policy is a formal workplace policy document that sets out the rules, responsibilities and standards governing the use of social media by employees and other workers engaged by an organisation, both in a professional capacity (on company accounts) and on personal accounts during and outside work hours. An Australian Social Media Policy must be consistent with the Fair Work Act 2009 (Cth), Privacy Act 1988 (Cth), and applicable anti-discrimination and defamation laws. What Is a Social Media Policy? A Social Media Policy (also referred to as a social networking policy, digital media policy, or online conduct policy) is a written workplace document that defines an organisation's expectations and requirements for how its employees use social media in connection with their employment. The policy applies to all social media platforms — including LinkedIn, Facebook, Instagram, X (formerly Twitter), TikTok, YouTube, Reddit, personal blogs, online forums, review sites and messaging platforms — and covers both authorised professional use of the organisation's social media channels and the personal social media activity of employees to the extent it connects to the employment relationship. In Australia, the relationship between social media and employment law has developed significantly through Fair Work Commission decisions. The Commission has consistently held that social media posts made outside of work hours can provide a valid reason for disciplinary action — including termination — if the content has a sufficient connection to the employment relationship, damages the employer's reputation, disrupts workplace harmony, undermines trust and confidence, or constitutes workplace bullying or harassment. When Is a Social Media Policy Needed? An Australian Social Media Policy is needed in the following circumstances: - For any organisation with employees who use social media in connection with their work, whether on company accounts or in ways that reference the organisation, colleagues, or clients; - When the organisation's operations involve employees who have access to confidential business or client information that could potentially be shared on social media; - When the organisation is required to comply with the Privacy Act 1988 (Cth) and the Australian Privacy Principles in relation to the handling of personal information about clients, customers or employees; - When the organisation wants to establish clear standards for professional use of company social media accounts, including who is authorised to post and what approval processes apply; - When the organisation wants to address the risk of employees making defamatory, discriminatory or harassing statements on social media that could expose the organisation to legal liability; - As part of a broader suite of workplace policies addressing conduct, confidentiality, and the use of company resources. Key Elements of an Australian Social Media Policy A comprehensive and legally sound Australian Social Media Policy should include the following elements: 1. Organisation identification: The full legal name, ABN, and principal address of the organisation, together with the name of the policy owner and the effective and review dates. 2. Scope and application: A clear statement of who the policy applies to (including employees, contractors, volunteers and other engaged workers) and the social media platforms and channels covered. 3. Professional use rules: Standards governing the use of official company social media accounts, including who is authorised to post, what content approval processes apply, how client or customer complaints are to be managed online, and how the organisation's brand and intellectual property are to be used. 4. Personal use rules: Standards governing employees' personal social media use, both during and outside work hours. Under Fair Work Commission decisions including O'Keefe v Williams Muir's Pty Ltd [2011], Linfox Australia Pty Ltd v Glen Stutsel [2012], and subsequent decisions, out-of-hours social media conduct can constitute a valid reason for dismissal where it has a sufficient nexus to the workplace. 5. Confidentiality obligations: A clear definition of what constitutes confidential information and an express prohibition on disclosing any such information through social media channels, consistent with the employee's contractual confidentiality obligations and the Privacy Act 1988 (Cth). 6. Privacy obligations: Requirements consistent with the Australian Privacy Principles under the Privacy Act 1988 (Cth), including prohibitions on posting personal information about colleagues, clients or third parties without their consent. 7. Adverse action protections: The policy should acknowledge that it does not seek to prohibit the exercise of any workplace right under the Fair Work Act 2009 (Cth), including the right to make a complaint (s 340) or to participate in industrial activities. 8. Breach and consequences: Examples of prohibited conduct and a clear statement of the range of disciplinary consequences, up to and including termination for serious breaches. 9. Reporting procedure: A mechanism for employees to report concerns about social media conduct by others, with confidentiality protections. 10. Employee acknowledgement: A signed acknowledgement confirming the employee has read and understood the policy. This template is designed for use across all Australian states and territories, including New South Wales, Victoria, Queensland, Western Australia, South Australia, Tasmania, the Australian Capital Territory, and the Northern Territory.