Who can apply to stop bullying

The national anti-bullying laws only apply to certain workers. To ask the Commission to stop workplace bullying, you must be:

• a worker AND
• working in a 'constitutionally covered business' AND
• still working in (or connected to) the workplace where the alleged bullying happened AND
• experiencing (or at risk of experiencing further) behaviour that creates a risk to your health and safety

You are a worker if you are:

• an employee
• a contractor or subcontractor
• an employee of a contractor or subcontractor
• an employee of a labour hire company
• an outworker
• an apprentice or trainee
• a student on work experience
• a  volunteer.

Your workplace is a 'constitutionally covered business' if it is:

• a constitutional corporation. This includes:
  • proprietary limited companies
  • foreign corporations
  • trading or financial corporations formed within the Commonwealth
• the Australian Government
• a Commonwealth authority
• a body corporate incorporated in a territory
• a business or undertaking mainly conducted in a territory or Commonwealth place.

You cannot apply if you no longer work for the employer where you believe the bullying was taking place.

National anti-bullying laws may not cover you if you work for:

• a sole trader or partnership
• state government departments
• some (non-corporate) state public sector agencies
• some local governments
• corporations without significant trading or financial activities.

Members of the Defence force are also not covered by these laws. Learn more about unacceptable behaviour and bullying from the Department of Defence.

If the national anti-bullying laws do not cover you, state or territory laws may still protect you.

Learn what else you can do to help stop bullying in the workplace or find independent legal advice. Legal help may also be available from Community Legal Centres Australia.