John McPhilbin kindly sourced and shared this draft Code of Practice and responding to workplace bullying by Safework Australia. A completed code of practice is due out soon. We should really push to have it applied to insurers, as it should be – John McPhilbin will be taking it up as an issue with a few groups in the near future.
National draft code of practice preventing and responding to workplace bullying
This Code of Practice for preventing and responding to workplace bullying is an approved code of practice under section 274 of the Work Health and Safety Act (the WHS Act).
An approved code of practice is a practical guide to achieving the standards of health, safety and welfare required under the WHS Act and the Work Health and Safety Regulations (the WHS Regulations).
A code of practice applies to anyone who has a duty of care in the circumstances described in the code. In most cases, following an approved code of practice would achieve compliance with the health and safety duties in the WHS Act, in relation to the subject matter of the code. Like regulations, codes of practice deal with particular issues and do not cover all hazards or risks which may arise. The health and safety duties require duty holders to consider all risks associated with work, not only those for which regulations and codes of practice exist.
Codes of practice are admissible in court proceedings under the WHS Act and Regulations. Courts may regard a code of practice as evidence of what is known about a hazard, risk or control and may rely on the code in determining what is reasonably practicable in the circumstances to which the code relates…
A completed code of practice is due out soon – this a draft copy from late last year.We should really push to have it applied to insurers, as it should be.
John McPhilbin will be taking it up as an issue with a few groups in the near future.