Resolving complaints through external agencies
Department of Employment and Industrial Relations - Workplace Health and Safety Queensland
Department of Employment and Industrial Relations - Wageline
Queensland Industrial Relations Commission
Queensland Anti-Discrimination Commission and Anti-Discrimination Tribunal
Department of Employment and Training - Training Services
Australian Council of Trade Unions
Queensland Working Women's Service
Young Workers Advisory Service
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.
Department of Employment and Industrial Relations - Workplace Health and Safety Queensland
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:
- The complaint must (on the face of it) fall within the definition of workplace harassment.
- The complaint must be in writing. The complainant will be sent an information package, including a checklist which must be attached to the complaint.
- The complaint should have been raised at the workplace and an attempt made to resolve the complaint internally. Information regarding the outcome of this step should be included in the written complaint.
Where a complaint falls within the scope and a health and safety 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 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, advising them of the complaint and investigation and request evidence that the risk of injury or illness from workplace harassment is being managed.
The inspector may ask for the evidence to be sent to them and/or visit the workplace to collect evidence.
The types of information an inspector could request include:
- incident records
- workplace harassment policy, grievance procedures
- information about the workplace complaint handling system
- workplace records to show that the allegation of workplace harassment has been investigated appropriately
- should the risk of workplace harassment be identified in the investigation, the steps that were taken to remedy the situation
- staff training records
- any other information required by the inspector.
During a workplace visit the inspector will review documentation and may survey or interview staff members as part of the investigation. The inspector will identify if there is a risk of injury from workplace harassment and review controls implemented at the workplace.
The Prevention of Workplace Harassment Advisory Standard 2004 (now known as a Code of Practice) 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 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.
Department of Employment and Industrial Relations - Wageline
Wageline provides a comprehensive information service to employees on industrial relations matters such as industrial relations legislation, Awards, Certified Agreements, and Queensland Workplace Agreements.
In relation to workplace harassment complaints, Wageline officers can provide specific advice on grievance procedures in awards and agreements.
Contact Wageline information service.
Queensland Industrial Relations Commission
The Queensland Industrial Relations Commission (QIRC) and the Industrial Registry are constituted under the Industrial Relations Act 1999 (PDF, 1.9 MB).
The QIRC has jurisdiction to hear and decide issues concerning industrial matters. For most matters, the powers and functions of the QIRC are exercised by a Commissioner and include:
- resolving industrial disputes through conciliation and arbitration
- determining applications for reinstatement by employees who believe they have been unfairly dismissed
The Registry provides administrative support to the QIRC and also provides a facilitative service to the general industrial relations community. The Registry processes applications for unfair dismissal and notifications of disputes and provides information on QIRC procedures. Registry staff does not provide advice to parties regarding their legislative entitlements or the merits of their application.
An existing employee or an organisation on behalf of the employee can lodge a notification of an industrial dispute regarding workplace harassment. The QIRC may take steps it considers appropriate for the prevention or prompt settlement of the dispute, by conciliation in the first instance. If the QIRC considers conciliation has failed and the parties are unlikely to resolve the dispute then arbitration will be undertaken.
An employee or an organisation on behalf of an employee can lodge an application for reinstatement if it is alleged that an employee has been unfairly dismissed. In circumstances where an employee resigns due to workplace harassment, the termination of the employment may be deemed to be a 'constructive dismissal' and unfair. A dismissal is unfair if it is harsh, unjust or unreasonable or for an invalid reason.
The QIRC must hold a conference to attempt to settle an application for reinstatement before it hears the application. If the QIRC considers reinstatement or re-employment would be impracticable the QIRC may order the employer to pay the employee compensation as decided by the QIRC, although reinstatement is the primary remedy.
Contact the Queensland Industrial Relations Commission (QIRC).
Queensland Anti-Discrimination Commission and Anti-Discrimination Tribunal
The Queensland Industrial Relations Act 1999 (PDF, 1.9 MB) 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 Members who hear complaints are experienced lawyers.
Contact the Anti-Discrimination Commission Queensland Anti-Discrimination Tribunal.
Department of Education, Training and the Arts – Training Services
Training Services in the Department of Education, Employment and Training and the Arts 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 the Department of Education, Training and the Arts.
Australian Council of Trade Unions
Trade unions provide information, advice and advocacy to members on all industrial matters. Union members can contact their respective union for information.
Contact the Australian Council of Trade Unions (non-Queensland Government link).
Queensland Working Women's Service
The Queensland Working Women's 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 the Queensland Working Women Service (non-Queensland Government link).
Young Workers Advisory Service
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 the Young Workers Advisory Service (non-Queensland Government link).
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