Industrial Relations Commission of NSW

Workplace Bullying

Who can make a claim?

From 13 October 2025, workplace bullying claims can be made to the Industrial Relations Commission of NSW by:

  • NSW public sector and local government employees; and
  • workers as defined under the Work Health and Safety Act 2011 (NSW), including contractors, outworkers, apprentices, volunteers, students on placement, and police officers, but excluding workers who can access the Fair Work Commission’s bullying jurisdiction.

You cannot make a claim to the Industrial Relations Commission of NSW if you are able to apply to the Fair Work Commission for a stop bullying order. You can make an application to the Fair Work Commission if you are bullied while at work in a “constitutionally-covered business”.  A constitutionally-covered business includes businesses conducted by:

  • a private enterprise that is a corporation
  • the Commonwealth or a Commonwealth authority;
  • a body corporate incorporated in a Territory,
  • or a person conducting a business principally in a Territory or Commonwealth place.

You can find more information about a stop bullying application in the Fair Work Commission on the Fair Work Commission’s website.

A person may not make a stop bullying claim and a claim under anti-discrimination law for the same conduct.  However, a person may make a stop bullying claim and make a work health and safety claim for the same conduct at the same time.

Applications may be made by the affected employee or by a union on their behalf.

How to make a claim

A workplace bullying claim can be made by filing Form 63A – Application for Stop Bullying Order by email to IRC.Registry@courts.nsw.gov.au.  Alternatively, this form can be filed in person or by post.  Once a workplace bullying claim can be filed using the Online Registry, it can only be filed by email if for some reason it cannot be filed using the Online Registry.

An applicant must serve the application for a stop bullying order the respondent(s) personally, by post or electronic service in accordance with r 3.4 of the Industrial Relations Commission Rules 2022.

When making a workplace bullying claim, an applicant should list each of the following as respondents, even if orders are not sought against them:

  • the person(s) alleged to have bullied the applicant;
  • the employer or principal contractor of the applicant; and
  • a person conducting a business or undertaking if the bullying occurred in connection with the business or undertaking.

The Commission has the power to add or remove respondents as required to ensure the proper determination of the workplace bullying claim.

If you are considering making a claim, or have been served with a claim, you should read Practice Note 34 [AH2] that sets out the procedure to be adopted. This webpage summarises that material, but is not a substitute for what is set out there.

What must be established to make a valid claim?

To make a stop bullying order(s), the Commission must be satisfied that:

  • the employee has been bullied at work; and
  • there is a risk that the bullying will continue.

Bullying is defined as:

  • repeated unreasonable behaviour by an individual or group towards the employee or a group of employees; and
  • that behaviour creates a risk to health and safety.

Reasonable management action carried out in a reasonable way is excluded from the definition of bullying.

If you are an applicant, you should provide specific details about the conduct, including who was involved, when it occurred, and what happened.

When can a claim not be granted?

A claim cannot proceed if:

  • you do not reasonably believe you have been bullied at work; or
  • you have already initiated a complaint under anti-discrimination law for the same conduct (unless withdrawn or dismissed for lack of jurisdiction).

Can I make a claim if I’ve left the workplace?

The Commission can only make a stop bullying order if:

  1. you have been bullied at work; and
  2. there is a risk that the bullying will continue.

This means that if you’ve left the workplace and there is no ongoing risk of bullying, the Commission cannot make a stop bullying order—even if the bullying occurred and caused harm.

You may consider obtaining legal advice to understand other avenues that may be available to you to seek redress for any harm caused by the bullying.

What relief can be granted?

If the Commission finds bullying has occurred and may continue, it may issue any order it considers appropriate to prevent further bullying, including:

  • orders to stop or prevent further bullying;
  • apologies or retractions;
  • the implementation of anti-bullying policies or training;
  • actions to redress harm suffered; and
  • up to $100,000 in damages

Orders may apply to:

  • individuals who engaged in the bullying;
  • the employee’s employer;
  •  a person conducting a business or undertaking if the bullying occurred in connection with the business or undertaking.

What must the Commission consider when granting relief?

The Commission is required to take into account:

  • other grievance or dispute procedures available to the employee;
  • outcomes of any investigations or procedures in response to the conduct; and
  • any other relevant matters

What is the procedure for handling claims?

Conciliation is the first step. The Commission must attempt to resolve the matter without a formal hearing.

If conciliation fails, the matter will proceed to arbitration where the Commission must either:

  • make a stop bullying order; or
  • dismiss the application

Conciliations will ordinarily be listed in person.  However, given the nature of the allegations that may be raised, the Commission has the power to determine the best procedure to deal with any workplace bullying claim.  For example, the Commission may decide that conciliations and hearings should be held in private, or online, or with the parties kept separate.  The Commission may decide not to publish details about the listing of a workplace bullying claim in the daily court list. 

The Commission may determine the best procedure in any matter on its own initiative or a party may apply by email for a particular procedure to be taken pursuant to [15] of Practice Note No. 34.

Can a civil penalty be sought for breaching a stop bullying order?

Yes. A breach of a stop bullying order may result in civil penalties:

  • up to $18,870 for individuals; or
  • up to $93,900 for organisations

Civil penalties can be sought by:

  • a person affected by the contravention;
  • an industrial organisation on behalf of a member affected by the contravention;
  • an inspector appointed under the Industrial Relations Act 1996 (NSW); and
  • a person authorised by the Minister to institute proceedings.

Other avenues for dealing with workplace bullying

In addition to the NSW Industrial Relations Commission, you may have other options for addressing workplace bullying:

  • Fair Work Commission: Handles bullying claims for national system employees. FWC Bullying Page
  • Work Health and Safety Regulators: Bullying may be a work health and safety issue. Contact SafeWork NSW.
  • Anti-Discrimination NSW: Handles complaints under state anti-discrimination law. Website
  • Police: If the conduct may be criminal, you can contact the police.
  • Workers’ Compensation: If you’ve suffered an injury due to bullying, you may be eligible for compensation.

Where can I get legal and other help?

Legal Help and Advice

If you are considering making a sexual harassment claim, or responding to one, you may wish to seek legal advice or support. The following options are available:

Legal Aid NSW:
You may be eligible for assistance from Legal Aid NSW through their Workplace Rights Service. You should contact Legal Aid NSW for more information. 

Community Legal Centres:
Community legal centres provide free or low-cost legal advice and assistance. You can find a centre in your area by searching the Community Legal Centres NSW website.

Law Society of NSW:
The Law Society of NSW can refer you to private solicitors who specialise in workplace law.

Unions and Employer Organisations:
If you are a member of a union or employer association, they may be able to provide advice, support, or representation.

Other Legal Services:
Some not-for-profit organisations and specialist legal services may also be able to assist, particularly for people from diverse backgrounds or with specific needs.

Other Support Services

Sexual harassment can have significant impacts on your wellbeing. Support is available if you are feeling anxious, stressed, isolated, or are experiencing other effects.

Employee Assistance Program (EAP):
Many workplaces offer free and confidential counselling through an EAP. Check with your employer or HR department.

Speak to Your Doctor (GP):
Your GP can provide support, medical advice, and referrals to other professionals or online resources.

Free Helplines and Online Services:

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