IEU advice: What to do if you are the victim of abuse or harassment

Every education worker is entitled to a safe and healthy workplace. Regular readers of The Point will be familiar with the IEU’s ongoing efforts to expose the growing – and often unaddressed – threats to staff wellbeing in schools, both physical and psychological.

This right is protected by state law and backed by clear employer responsibilities.

Psychosocial hazards include bullying, excessive workload, and exposure to traumatic events. These risks can seriously affect your mental health and must be actively managed by employers.

If you have been exposed to one of these hazards, firstly seek medical care, if necessary, and find a safe place for yourself. Your immediate physical safety must be paramount.

Once you are out of harm’s way, consider the following steps:

1. Document the Hazard or incident

Record the nature of the hazard, including:

• What happened (dates, times, people involved)

• The impact on your mental health or wellbeing

• Any witnesses or evidence (e.g. emails, screenshots).

Start keeping a written record of any bullying or harassment as it occurs. A diary of incidents can help you track what happened and when, which may be important if you need to provide evidence later. It’s also useful because details can become harder to recall accurately over time.

2. Involve your Health and Safety Representative (HSR)

Contact your elected HSR if your workplace has one.

HSRs have powers under the Occupational Health and Safety Act 2004 (Vic) to raise safety concerns, inspect risks, and request employer action.

3. Report the hazard

Notify your immediate supervisor or line manager as soon as possible as well as your HSR.

Also log the incident using your school’s internal incident reporting procedures or software.

4. Call your union and seek support

Consult your Rep and Organiser or call the union for advice, representation, or support navigating the complaint or risk management process. You can also seek advice and representation from the IEU at any stage. We can help you understand your rights, navigate reporting processes, and take further action if needed.

Access your school’s Employee Assistance Program (EAP) or mental health support services.

5. Request a risk assessment

Ask the employer what actions they will take to reduce the risk of this happening to you or anyone else at the workplace again. They should start to undertake a risk assessment of the psychosocial hazard.

The employer must identify, assess, and control the hazard, and involve employees or HSRs in the process.

6. Escalate if no action is taken

If the employer fails to address the issue:

• Your HSR can issue a Provisional Improvement Notice (PIN)

• You or your union can contact WorkSafe Victoria directly to lodge a complaint or request an inspection.

7. Keep records

Maintain a personal record of all reports made, correspondence, and actions taken. This may be important if the issue escalates or leads to a WorkCover claim.

Your rights as a worker

As an education worker in a non-government school, you have the right to:

• Be consulted on matters affecting your health and safety

• Receive information, instruction, training, and supervision to perform your work safely

• Report hazards and incidents without fear of reprisal

• Elect a Health and Safety Representative (HSR) to represent your interests

• Refuse unsafe work if there is a reasonable concern for your health or safety.

Employer obligations

Non-government school employers must:

• Identify and manage risks through regular assessments

• Implement control measures to eliminate or reduce risks

• Provide appropriate training and supervision to staff

• Maintain records of incidents and hazards

• Support injured workers in their return to work.

Failure to meet these obligations can result in penalties under the OHS Act.

The legal basis

The Occupational Health and Safety Act 2004 (Vic) applies to all Victorian workplaces, including independent and Catholic schools. Under this Act, employers must provide and maintain a working environment that is safe and without risks to health, so far as is reasonably practicable. This includes managing both physical and psychological hazards.

The Victorian Government is also introducing new Occupational Health and Safety (Psychological Health) Regulations, effective from 1 December 2025. These regulations impose specific duties on employers to identify, assess, and control psychosocial hazards in the workplace.

Workplaces in Tasmania are covered by the Work Health and Safety Act 2012 as well as Work Health and Safety Regulations 2022, which outline the legal requirements for workplaces to prevent and manage psychosocial hazards.

Employers are expected to consult with employees and Health and Safety Representatives (HSRs) to implement effective solutions to these hazards.

Remember: you have the right to a safe workplace, and there are systems in place to protect and support you.