What’s Been Happening in Australia in Relation to Sexual Harassment, Discrimination and Bullying from 9 February 2026 – 22 February 2026

National survey reveals psychosocial pressures across Australian universities

The 2025 Australian University Census on Staff Wellbeing has revealed that staff at all universities in the study are working in conditions that put them at high risk of psychological harm. Key findings include:

• 100% of ranked Australian universities recorded average scores indicating high or very high psychological risk.
• 76% of university staff are working in environments rated high or very high risk for psychological harm.
• 82% of university staff reported high or very high emotional exhaustion.
• 69% of staff disagreed that senior management values psychological health as much as productivity.
• 73% of staff said risks to their mental health are not actively monitored by their employer.

 

NSW Digital Work Systems Bill passed

The NSW government has recently passed reforms to Work Health and Safety (WHS) laws which clarify responsibility around the use of digital work systems. Under the legislation, a Person Conducting a Business or Undertaking (PCBU) will be required to ensure digital work systems do not lead to unsafe workloads, unreasonable performance tracking, excessive surveillance or discriminatory work allocation. This clarifies and adds to the existing workplace safety duties under the Work Health and Safety Act 2011 (NSW) that require employers to provide safe workplaces. Although it is unclear at this stage when the legislation will commence, employers can prepare by incorporating digital systems in their risk assessments.

 

WorkSafe Victoria urges employers to do more to protect apprentices

WorkSafe Victoria has urged employers to build workplace cultures where safety and respect are non-negotiable and apprentices know they’ll be heard, supported, and protected. More than 3,000 injury claims were accepted by WorkSafe Victoria from apprentices since the start of 2021. More than 50 injury claims and many of the prosecutions related to psychosocial hazards like bullying and harassment or occupational violence and aggression, including:

• A plumbing company director driving with an apprentice locked in his ute’s toolbox, placing the young worker at risk of serious injury or death.
• A 20-year-old female electrical apprentice enduring sexual harassment, gender-based violence and bullying by her company’s director.
• A first-year apprentice at a heating and cooling company suffering daily physical and verbal abuse, including being lifted into a noose unable to breathe for a few seconds.
• An apprentice at a glass company being taped upside down to a crane topless and slapped by his director at a Christmas party.
• Two 17-year-old apprentices in the hospitality industry being relentlessly bullied and humiliated by their head chef.

Many apprentices in these cases were initially too afraid to report the abuse or felt they had no choice but to resign.

 

Discrimination on the rise for LGBTIQ+ workers

New research from Diversity Council Australia (DCA) shows that LGBTIQ+ employees still face high levels of exclusion, with almost half reporting they experienced discrimination and/or harassment in the past year. The data has revealed 46% of LGBTIQ+ workers reported experiencing discrimination and/or harassment at work in the past year, compared with 26% of non-LGBTIQ+ workers. The findings show that discrimination and harassment against LGBTIQ+ workers have increased since 2024, when 39% of LGBTIQ+ workers reported experiencing this type of exclusion. Other findings include:

• 39% of LGBTIQ+ workers reported being left out of work social gatherings, compared with 29% of non-LGBTIQ+ workers
• 49% reported people had made incorrect assumptions about their abilities based on their identity, compared with 33% of non-LGBTIQ+ workers
• 41% said they had been ignored or treated as if they didn’t exist, compared with 30% of non-LGBTIQ+ workers.

Catherine Hunter, CEO of DCA says workplaces must invest in inclusive cultures, visible and supportive leadership, and clear policies to reduce discrimination and create environments where all employees feel safe and respected.

 

Seven Network alleges misogynistic conduct after being sued for disability discrimination

An employee has launched Federal Court action against the Seven Network, alleging the broadcaster discriminated against him because of his disability and attempt to claim workers compensation. In 2023, the employee was injured after he fell out of his wheelchair while travelling from the office to his home to continue working. He lodged a workers compensation claim which was rejected on the basis that the injury did not arise in the course of employment.

When the employee returned to work, he alleges that Seven took adverse action against him because of his workers compensation claim and physical disability. Seven subsequently claimed that the employee partook in inappropriate behaviour during his time at seven, including being aggressive toward and making misogynistic comments about female staff. Seven denies it discriminated against the employee and maintains that its decisions were based solely on performance, conduct and behavioural concerns.

 

FWC finds dismissal harsh despite racist comments

The Fair Work Commission (FWC) recently found that a ceiling fixer’s dismissal was harsh, despite him making inappropriate and racially offensive remarks at a company meeting. The employee made remarks that “in 10 years’ time, it will be a Chinese industry” and that Chinese workers were “taking our jobs”, “taking over the industry” and “taking opportunities away from apprentices”.

The employer decided to terminate the employee for serious misconduct, but he was not given an opportunity to respond to the reason for dismissal. While the FWC found there was a valid reason for termination, it was deemed to be harsh because of the lack of procedural fairness. The case is a timely reminder of the need to afford employees procedural fairness before deciding whether to terminate an employee’s employment.

 

Mining worker fired for graphic radio broadcasts

A mining worker has lost an unfair dismissal claim after the Fair Work Commission (FWC) found that sexually explicit conversations broadcast over two-way radio at Jellinbah Mining’s Queensland site gave the company valid grounds for termination. The incident occurred six months after the company rolled out training addressing two-way radio conduct which made it clear that discussions of sexual nature were unacceptable. Policy documents also made clear that breaches could end in termination.

The employee argued that his supervisor was on the radio during some exchanges, suggesting the conduct was accepted. He also claimed that others said similar things but weren’t disciplined. The FWC rejected these claims, finding that the training warned that silence does not infer the behaviour is acceptable. The FWC acknowledged colleagues may have made inappropriate comments too but found that any inconsistency didn’t overcome the reasons for dismissal. The FWC concluded the comments were made worse by recent training and new policies. The show cause process was procedurally fair, with chances to respond in writing and at interview and an offer to hear the full recordings.

 

Former ACT commissioner alleges workplace sexual harassment and assault

Vanessa Turnbull-Roberts recently announced that the reason she resigned as the ACT’s Aboriginal and Torres Strait Islander children and young people commissioner late last year was because she was sexually harassed and assaulted by a public servant in her workplace. The Human rights lawyer and Bundjalung Widubul-Wiabul woman was appointed to the role in November 2023 but later took a six-month leave period and subsequently resigned at the end of 2025. Ms Turnbull-Roberts said she had made reports to police and the matter is currently under investigation. A spokesperson has said the ACT government takes issues relating to the physical and psychosocial safety of staff extremely seriously.

 

Results of landmark Racism@Uni study released

The Australian Human Rights Commission (‘AHRC’) has released findings from the Racism@Uni Study. The Study findings reveal that high rates of racism are experienced by students and staff from First Nations, African, Asian, Jewish, Māori, Middle Eastern, Muslim, Palestinian and Pasifika backgrounds. Key findings include:

• 70% of survey respondents report experiencing indirect racism, including hearing or seeing racist behaviour directed at their community
• 15% of respondents report experiencing direct interpersonal racism at university
• only 6% of people who experience direct racism make a complaint to their university, with many citing fear of consequences
• trust in university complaints systems is extremely low, with the 60-80% of staff and students who experience racism reporting dissatisfaction with the process

The report makes 47 recommendations for Government and universities, calling for a coordinated, sector‑wide approach aligned with the AHRC’s National Anti‑Racism Framework.

 

New codes of practice for psychosocial hazards and sexual harassment commence in South Australia

New codes of practice for Managing Psychosocial Hazards at Work and Sexual and Gender-Based Harassment commenced in South Australia on 19 February 2026. These are based on the national Model Code of Practice developed by Safe Work Australia but incorporate further consultation with South Australian unions and employer representatives. The codes clarify employers’ existing obligations to eliminate or minimise psychosocial risks. The psychosocial code defines 17 types of hazards including bullying, sexual harassment and aggression. The Sexual and Gender-Based Harassment code provides definitions and descriptions on a range of harassment and behaviours based on gender and sex that create a risk of harm at work.

 

Female pilot wins reinstatement after calling her boss a ‘woman-hater’

A pilot has won her job back after she was sacked for alleging her that boss, was a ‘woman hater’. The boss lodged a formal complaint with National Jet Express, which launched a formal investigation into the incident. The investigation found that the employee had breached its Harassment, Discrimination and Workplace Bullying Policy.

The Fair Work Commission (FWC) deemed the employee’s dismissal harsh as the airline’s immediate launch of a formal investigation was inconsistent with past practice. In a previous incident, where the employee had complained that her boss used profane and misogynistic language during a simulator session, the matter was dealt with informally, with no investigation and no disciplinary action against the senior pilot, while the employee’s complaint prompted a full investigation and the employee’s dismissal. The FWC found her sacking disproportionate and ordered the employee to be reinstated.

 

Lack of toilets onsite a barrier to gender inequality in trades

Several women in the trades have recently spoken up about insufficient access to toilets, sexual harassment, gender-discrimination and other barriers in the construction industry. According to a 2019 report, a lack of access to toilets or change rooms is one of the sector’s biggest gender barriers. Female tradies have shared their stories of being forced to wet themselves, work in bloodied pants or wad up toilet paper due to a lack of facilities. Experts say inaccessible toilets, alongside limited female workwear or personal protective equipment, are a token of the broader gender inequality in the industry.

 

Court rules that being subject to a domestic violence order is not a protected attribute

The Federal Court has recently dismissed a healthcare worker’s claim that he was discriminated against when the employer dismissed him after learning of a domestic violence order against him. The employee was dismissed after concerns were raised about an apprehended domestic violence order (‘ADVO’) involving his ex-wife. The employee argued the dismissal constituted discrimination based on protected attributes. The court ruled that being the subject of an ADVO application does not fall within any protected category under the Act. While the Fair Work Act protects victims of domestic violence from discrimination, the court found that protection does not extend to those who are subjects of violence orders.

 

EEO Specialists works with organisations to enable safe and respectful workplaces. We offer a range of in-person workshops as well as online courses.

If you would like to have a confidential discussion about workplace behaviour and compliance, please call Franca Sala Tenna on 0405 134 187 or email franca@equalopportunitytraining.com.au