Workplace Bullying Claims Now Open to More NSW Workers
From 13 October 2025, workers in New South Wales have new options when it comes to addressing workplace bullying.
The Industrial Relations Commission of NSW (IRC) can now hear bullying claims made by NSW public sector employees, local government workers, and others covered under the Work Health and Safety Act 2011 (NSW, including contractors, apprentices, volunteers, students on placement, and police officers.
This change means that more workers across the state can take steps to protect their wellbeing and safety at work, without having to rely on the Fair Work Commission.
Who Can Make a Claim
You can apply to the Industrial Relations Commission of NSW if you are an employee or worker under the state system — but not if your workplace falls under the federal Fair Work system.
If you’re unsure, here’s a quick guide:
If you work for a corporation or private business, you may need to apply to the Fair Work Commission instead.
If you work for a NSW public sector agency or local council, or as a volunteer, contractor, apprentice, or student on placement, the IRC may now be the correct place to go.
It’s important to know that you can’t make both a stop-bullying claim and a discrimination claim for the same conduct. However, you can make a bullying claim and a work health and safety complaint at the same time.
What Counts as Bullying
To make a successful claim, the Commission must be satisfied that:
The worker has been bullied at work; and
There’s a risk the bullying will continue.
“Bullying means repeated and unreasonable behaviour towards a worker or group of workers that creates a risk to health and safety.”
This can include verbal abuse, exclusion, intimidation, or spreading misinformation — but reasonable management action (like performance reviews or feedback carried out properly) does not count as bullying.
What You’ll Need to Show
If you decide to make a claim, you’ll need to describe:
What happened and when
Who was involved
How the behaviour affected your health or safety
Applications can be made using Form 63A – Application for Stop Bullying Order, available on the IRC NSW website.
You can lodge it online, by email, or in person.
What the Commission Can Order
If the Commission finds bullying has occurred and may continue, it can issue orders to:
Stop or prevent further bullying
Require apologies or retractions
Introduce workplace training or anti-bullying policies
Provide compensation (up to $100,000)
Take actions to redress harm already caused
Orders can apply to individuals, employers, or businesses connected to the bullying.
A breach of a stop bullying order can also lead to civil penalties of up to $18,870 for individuals or $93,900 for organisations.
What Happens After You Apply
The first step is conciliation, where the Commission tries to help both sides reach an agreement.
If that doesn’t resolve things, the matter can go to arbitration, where the Commission decides whether to make a stop bullying order or dismiss the application.
Depending on the situation, conciliations and hearings may be held in person, online, or privately — especially if sensitive allegations are involved.
What If You’ve Already Left the Workplace?
The Commission can only make a stop bullying order if there’s an ongoing risk that the bullying will continue.
So, if you’ve left your job and there’s no continuing threat, the Commission may not be able to make an order, but you may still have other legal options.
This is where getting tailored legal advice can help you understand your next step.
Where to Get Help
If you’re experiencing workplace bullying, you don’t have to face it alone.
You can seek help or advice from:
Legal Aid NSW – Workplace Rights Service
Community Legal Centres NSW – Free legal advice
The Law Society of NSW – Find a workplace lawyer
SafeWork NSW – For health and safety complaints
If you’re feeling overwhelmed or distressed, support is also available through services like Lifeline (13 11 14) and Beyond Blue (1300 22 4636).
A Safe Workplace is a Legal Right
Everyone deserves to feel safe, respected, and supported at work.
If you believe you’re being bullied or if you’re an employer who’s received a claim, getting early legal advice can make all the difference.
It helps you respond calmly, understand your rights and responsibilities, and work towards a resolution that protects both wellbeing and reputation.
DISCLAIMER
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