Important: From 1 January 2012, information on this website is being reviewed and must be read in conjunction with the Work Health and Safety Act 2011.
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Department of Justice and Attorney-General – Workplace Health and Safety Queensland
Fair Work Online
Queensland Anti-Discrimination Commission and Anti-Discrimination Tribunal
Queensland Workplace Rights Ombudsman
Queensland Industrial Relations Commission (State Government Employees)
Department of Education and Training
Australian Council of Trade Unions
Queensland Working Women's Service
Young Workers Advisory Service
It's Ok to complain website
Most external agencies will not accept a complaint unless complainants have attempted to resolve the workplace harassment internally through an informal or formal process (where available).
Workplace harassment can be addressed within the workplace before referring to external agencies through:
Complainants may contact the following agencies where internal processes have been ineffective (or not available). The most appropriate agency will depend on the type of complaint and the complainant’s desired outcome.
For assistance in determining the most appropriate agency, call Workplace Health and Safety Infoline on 1300 369 915. Infoline staff will ask a series of questions to help identify which agency or agencies are appropriate to assist, and provide information about them. Depending on the nature of the complaint it is possible that more than agency will be involved.
Workplace Health and Safety Queensland (WHSQ) can only respond to complaints in certain situations that fall within the scope of the Workplace Health and Safety Act 1995:
Where a complaint falls within the above scope and a risk of injury or illness from workplace harassment is determined likely to exist an inspector may be assigned to investigate.
The purpose of the investigation is to determine if the obligations under the Workplace Health and Safety Act 1995 are being met in regards to managing the risk of illness and injury from workplace harassment, and to apply enforcement options where they are not met.
Legal advice, mediation between parties, counselling or victim support is not provided. Compensation, unfair dismissal or other issues are not dealt with through this process.
The inspector will contact the workplace, advise them of the complaint and request evidence that the risk of injury or illness from workplace harassment is being managed.
The types of information an inspector could request may include:
During a workplace visit the inspector will review documentation and may survey or interview staff members as part of the investigation. The inspector will assess if there is a risk of injury from workplace harassment and review controls implemented at the workplace.
The Prevention of Workplace Harassment Code of Practice 2004 states that where workplace harassment has been identified and assessed to be creating a risk, employers must decide on, and put into place control measures to prevent or control this risk.
More information on preventing workplace harassment.
When people fail to meet their obligations under the Workplace Health and Safety Act 1995 (PDF, 766 kB), inspectors may use a range of compliance and enforcement options including but not limited to advice, verbal directions, improvement and infringement notices. Inspectors are skilled in determining the best enforcement options to use in a given situation in order to offer the most advantageous workplace health and safety outcome.
Fair Work Online provides information and advice about the national workplace relations system. Links are provided to the Fair Work Ombudsman and Fair Work Australia (the national workplace relations tribunal).
Contact: Fair Work Online
The Queensland Anti-Discrimination Commission and Anti-Discrimination Tribunal promotes fair treatment and equal opportunity by making discrimination and vilification (for example, on the basis of race, religion, sexuality or gender identity) and all sexual harassment against the law.
The Anti-Discrimination Commission Queensland (ADCQ) accepts and conciliates complaints of discrimination, vilification and sexual harassment under the Act. Commission staff can provide information on how to make a complaint.
A complainant does not need to have first tried to resolve their complaint informally before contacting the ADCQ.
If a complaint cannot be resolved through conciliation between the parties, the complainant can refer it to the Anti-Discrimination Tribunal. The tribunal hears complaints in a similar way to a court and seeks to operate in an informal and non-intimidating way. All the tribunal members who hear complaints are experienced lawyers.
Contact: Anti-Discrimination Commission Queensland Anti-Discrimination Tribunal.
The Queensland Workplace Rights Ombudsman provides information and advice to Queensland workers and employers about their workplace rights and obligations and promotes fair and equitable practices in Queensland workplaces. In some cases the ombudsman may investigate unfair, illegal or inappropriate workplace actions.
Contact: Queensland Workplace Rights OmbudsmanFor information about the changes to the jurisdiction of the Queensland Industrial Relations Commission.
Contact: Queensland Industrial Relations Commission (QIRC)
Training Services within the Department of Education and Training monitor registered traineeships and apprenticeships. Training Services also investigate training issues between employers and trainees/apprentices in Queensland.
In relation to complaints of workplace harassment from apprentices and trainees, training services staff may use a range of strategies to address the issue.
Contact Training Services within the Department of Education and Training .
Trade unions provide information, advice and advocacy to members on all industrial matters. Union members can contact their respective union for information.
Contact Australian Council of Trade Unions (non-Queensland Government link).
The Queensland Working Womens Service (QWWS) provides a comprehensive free and confidential telephone advisory service to women on all work related matters. QWWS has information about workplace harassment and is able to offer advice on the possible courses of action. Information on advocacy and representation can also be obtained through the service. QWWS offers workplace training programs and information sessions on workplace harassment.
Contact Queensland Working Women Service (non-Queensland Government link)
The Young Workers Advisory Service (YWAS) provides a comprehensive, free and confidential advisory service to young people under 25 on all work related matters. The YWAS may be able to provide specialist intensive assistance or casework for matters being pursued through the Queensland Industrial Relations Commission and the Anti-Discrimination Commission. YWAS also offers talks to school or youth groups on workplace harassment.
Contact: Young Workers Advisory Service (non-Queensland Government link).
If your complaint falls outside the scope of these agencies, you can refer to the It's OK to complain which provides information about Queensland independent accountability agencies and other complaints agencies.
Contact: It's OK to Complain
Prevention of Workplace Harassment Code of Practice 2004 (PDF, 271 kB)
Information for Employers on workplace harassment complaints (PDF, 137kB)
Useful links
Anti-Discrimination Commission Queensland Anti-Discrimination Tribunal
Queensland Workplace Rights Ombudsman
Queensland Industrial Relations Commission (QIRC)
Department of Education and Training
Australian Council of Trade Unions (non-Queensland Government link)
Queensland Working Women Service (non-Queensland Government link)
Young Workers Advisory Service (non-Queensland Government link)
Ask WHS Infoline
1300 369 915
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© The State of Queensland (Department of Justice and Attorney-General) 2009.