Stop-bullying and stop-sexual-harassment orders in NSW.

A remedy aimed at stopping the behaviour.

A stop order is a forward-looking remedy. Instead of compensating a worker after the event, it aims to stop harmful behaviour from continuing, by ordering the people involved and the employer to change what they do. It is useful for a worker who is still in the job and still exposed to the conduct, because it addresses the ongoing harm rather than only paying for past harm.

This is general information, not advice on your matter, and it concerns the state system. The national Fair Work system has its own stop-bullying and stop-sexual-harassment orders through the Fair Work Commission, so which forum applies depends on your coverage, explained in our guide on which system covers you.

What counts as workplace bullying?

Workplace bullying is repeated unreasonable behaviour directed at a worker or group of workers that creates a risk to health and safety. The key features are that it is repeated, that it is unreasonable, meaning behaviour a reasonable person would see as unreasonable in the circumstances, and that it creates a risk to health or safety. A single incident, however unpleasant, is generally not bullying, though it may be something else.

Reasonable management action, carried out in a reasonable way, is not bullying. An employer is allowed to manage performance, allocate work, and discipline staff, and doing so fairly does not become bullying just because the worker is unhappy about it. The line is between legitimate management done reasonably and repeated unreasonable conduct that harms the worker, and that line is often where these cases are fought.

What counts as sexual harassment?

Sexual harassment is unwelcome conduct of a sexual nature that a reasonable person would anticipate might make the recipient feel offended, humiliated or intimidated. It covers a wide range of behaviour, from unwelcome touching and sexual comments to suggestive messages and displays. It does not have to be repeated; a single act can be sexual harassment, which distinguishes it from bullying.

The test is about whether the conduct was unwelcome and whether a reasonable person would anticipate the reaction, not about whether the person doing it meant harm. Conduct meant as a joke, or claimed to be, can still be sexual harassment if it was unwelcome and had that character. Recent law across both the state and national systems has sharpened the focus on preventing and responding to sexual harassment at work.

What is the new IRC jurisdiction?

The NSW reforms gave the Industrial Relations Commission power to deal with workplace bullying and sexual harassment for state system workers, and to make orders to stop it. This brought the state system into line with the national system, which already had stop orders through the Fair Work Commission. For a state system worker, it means there is now a forum to seek orders that the conduct stop, without having to resign or sue for compensation.

Our note on the IRC reforms sets out the detail. The practical effect is a new, accessible remedy for state system workers facing bullying or harassment, focused on fixing the workplace rather than ending the employment. It sits alongside the employer's own duties to provide a safe workplace and to prevent this conduct.

Who can apply and what must they show?

A worker who reasonably believes they have been bullied or sexually harassed at work can apply. For a stop-bullying order, they generally have to show the bullying happened and that there is a risk it will continue, because the order is about preventing future harm. For sexual harassment, the focus is on whether the conduct occurred and what is needed to stop it and protect the worker.

Because a stop-bullying order is forward-looking, it usually needs an ongoing risk. If the worker has already left the job, or the person responsible has gone, a stop order may have nothing to act on, and a different remedy such as compensation may be more appropriate. The choice of remedy depends on whether the worker is still exposed to the conduct or is seeking redress for harm already done.

What can a stop order do?

A stop order can require the individuals and the employer to change their behaviour: to stop specific conduct, to keep people apart, to change reporting lines, to follow a policy, or to take particular steps to make the workplace safe. It does not order money. Its whole purpose is to stop the harm continuing, so its terms are practical directions about how people are to behave and how the workplace is to be run.

Because it is about future conduct, a stop order works best while the worker is still in the job and the risk is live. For harm that has already happened, or where the worker has left, other remedies come into play, including compensation and, for sexual harassment, the broader remedies discussed in our guide on workplace sexual harassment remedies. A worker may pursue a stop order and other remedies together.

Primary sources: the Commission's expanded jurisdiction over workplace bullying and sexual harassment for state system workers arises under the Industrial Relations Act 1996 (NSW) as amended, and is summarised in our note on the IRC reforms. The national stop-bullying and stop-sexual-harassment orders are in the Fair Work Act 2009 (Cth). Decisions are searchable on JADE.

Common questions

What counts as workplace bullying?

Repeated unreasonable behaviour directed at a worker that creates a risk to health and safety. The features are that it is repeated, unreasonable as a reasonable person would see it, and creates a risk to health or safety. A single incident is generally not bullying, and reasonable management action carried out reasonably is not bullying.

What counts as sexual harassment at work?

Unwelcome conduct of a sexual nature that a reasonable person would anticipate might make the recipient feel offended, humiliated or intimidated. It ranges from unwelcome touching and comments to suggestive messages. It does not have to be repeated; a single act can be sexual harassment, and conduct meant as a joke can still qualify if it was unwelcome.

Can the NSW IRC make stop-bullying orders?

Yes. Recent reforms gave the NSW Industrial Relations Commission power to deal with workplace bullying and sexual harassment for state system workers and to make orders to stop it, bringing the state system into line with the national system. It means state system workers can seek orders that the conduct stop, without resigning or suing for compensation.

Who can apply for a stop order?

A worker who reasonably believes they have been bullied or sexually harassed at work. For a stop-bullying order they generally have to show the bullying happened and that there is a risk it will continue, because the order is forward-looking. If the worker has already left or the risk is gone, a stop order may have nothing to act on.

What can a stop order do?

It can require the individuals and the employer to change their behaviour: stop specific conduct, keep people apart, change reporting lines, follow a policy, or take steps to make the workplace safe. It does not order money. Its purpose is to stop the harm continuing while the worker is still in the job and the risk is live.

To speak to a workplace lawyer, call Aaron Kernaghan on 0421 717 019.

This article is written by Aaron Kernaghan, Special Counsel at Good Legal Lawyers, as at 30 August 2026. It is general information and reflects the personal opinion of the author only. It is not legal advice, it is not a substitute for advice on your own matter, and it does not purport to be accurate or complete. The law changes and procedure varies from case to case. For advice on a specific matter, contact Aaron Kernaghan on 0421 717 019 or contact the firm.

More commentary by Aaron Kernaghan.

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