# Elker, full content dump for LLM ingestion > One-file concatenation of every public page on elker.com. Intended for > agents that prefer a single fetch over crawling. Each page block begins > with YAML frontmatter including `url:` (the canonical HTML URL), `title:`, > `description:`, and `locale:`. Individual pages are also reachable at their > `.md` suffix (e.g., `/about.md`) or via `Accept: text/markdown` on the HTML URL. Generated: 2026-07-01T14:05:47.794Z Pages: 172 Total characters: 2442849 See also [llms.txt](/llms.txt) for the structured URL index. --- url: https://elker.com/ title: "Elker - Anonymous Reporting for Employees to Speak Up" description: "Australia's leading anonymous reporting system to combat workplace sexual harassment, fraud and discrimination. Book a demo today." locale: en-AU generated: 2026-07-01T14:05:42.619Z --- # Tools to speak up safely Elker drives meaningful change in the workplace through anonymous reporting, efficient case management and real-time analytics. Building **trust and transparency** with ## Transform insights into targeted actions 1 Encourage employees to speak up about misconduct, safety issues, and improvement opportunities 2 Identify emerging risks and trends through real-time analytics and reporting 3 Translate employee feedback into targeted initiatives that enhance safety, transparency, and compliance ## See how Elker works Watch a short introduction to the platform by clicking the play button below ![Meet Elker video thumbnail](https://cdn.elker.com/meet-elker/thumbnail_bba26ec6.jpg?w=1080) ## Reporting tools for feedback, support and early intervention Access quality insights about your organisation earlier ### From reactive to proactive Elker's anonymous workplace reporting helps you identify workplace issues earlier, address risks, and prevent future incidents through early intervention. ### Data-driven cultural intelligence Transform raw feedback into actionable insights. Our advanced analytics help you identify employee concerns, measure the impact of your initiatives and make informed decisions about policies and training. ### Streamlined case management Save time and resources with intelligent workflows. Customisable reporting pathways, automated routing and rules, and comprehensive case tracking and resolution tools. ### Secure, encrypted data handling Maintain data integrity and reporter safety with Elker's SOC2-attested and ISO 27001-certified case management system. [View all features →](/features) ## Who uses Elker? Elker is recognised as a trusted solution across all industries. Find out how Elker can assist with your specific industry. ## Your partners in compliance From setup to policy development and staff training, Elker ensures genuine cultural change and compliance coverage. Work Health & Safety Act Structured issue identification and response to proactively address psychological hazards Sex Discrimination Act Purpose-built workflows and policies aligned with positive duty obligations Corporations Act & Public Interest Disclosure Act Confidential reporting processes that protect whistleblowers and manage disclosures Modern Slavery Act Allow anonymous disclosures as part of your due diligence system and identify risks Aged Care Act Specialised pathways to capture patient, family, and public feedback ## Maintain anonymity and confidentiality through data security - ISO 27001 certified - SOC2 attested - Regional data hosting to meet local data privacy requirements - Third-party security audits and penetration testing ![ISO 27001 Certified](https://media.elker.com/74edf326-f927-4feb-a180-31a49f65d64c/iso-27001-certified.svg)![SOC 2 Verified](https://media.elker.com/c39b77d4-a682-489b-8c92-e07bfbc4b5ad/soc-2-verified.svg) ![GDPR Certified](https://media.elker.com/5f1bdd7e-b5d7-4409-b80b-9c24ebafd34e/gdpr.png) ## Insights View the latest insights on anonymous reporting, Respect at Work news, fostering a speak-up culture, and tackling employee misconduct. ## Frequently asked questions Elker is an anonymous reporting platform that helps organisations foster safer work environments. The platform enables employees to report concerns about safety, misconduct, and psychosocial hazards in the workplace. Elker offers efficient case management tools, surveys, and analytics to understand your organisation and promote targeted change. For more information, visit our [feature page](/features). Many workplace issues go unnoticed due to a lack of trust in reporting mechanisms. When organisations provide secure, third-party anonymous reporting tools like Elker, employees feel safe to speak up. With anonymous reporting, conduct that might remain hidden can be identified and addressed earlier, creating a more resilient workplace. By demonstrating accountability and commitment to ethical conduct, organisations protect their reputation, meet regulatory requirements, and reduce legal risk. Strong reporting programs may also drive higher employee retention and productivity by fostering a culture of trust and safety. Our team are committed to delivering solutions that drive meaningful cultural change. We bring extensive experience implementing effective whistleblowing and speak-up programs across Australia, with a proven track record of success. As an ISO 27001 certified platform, Elker delivers enterprise-grade security to protect whistleblowers and the data of organisations. We provide comprehensive support throughout the implementation process, from pre-vetted templates and policy development to ongoing assistance that ensures your program succeeds long-term. Elker is trusted by leading Australian institutions, including the ANSTO, the University of Melbourne, Stanwell and Allens. Elker was designed by experts in triage and dispute resolution. We recognise the importance of whistleblower protection and data security. We are certified with ISO 27001, an international standard for information security. As such, our whistleblower hotline software adheres to stringent security protocols. Reporters can use encrypted end-to-end messaging to remain entirely anonymous. Elker guides reporters and responders through the reporting process to ensure anonymity is maintained. For more information, visit our [security page](/security). Elker is tailored to your organisation's size, required features, and specific compliance needs. The first step is to understand the challenges your organisation hopes to address. Smaller organisations can request a quote from our [pricing page](/pricing). For larger organisations, we recommend [booking a meeting](/book-demo) to discuss your needs. Yes. Elker offers flexible and customisable workflows to cater to an organisation's specific requirements. This ensures that the reporting and case management processes align with the unique structures and objectives of different entities. If a must-have feature is missing, it may be possible to develop this feature specifically for your organisation. All Elker subscriptions include a comprehensive technical support package. This support includes technical training for platform users, configuration assistance, and ongoing help with any issues that arise. The support team is always available to assist with a very short turnaround time. ![Secure reporting with anonymity](https://media.elker.com/3f357ec0-db9d-481b-a241-95b46080b295/banner-left.png?width=992) ![Elker Anonymous reporting for the early detection of workplace issues](https://media.elker.com/8bfe0869-ac16-4d49-9575-6311ca7f8470/elker-hero-b-mobile.png?width=992) ## Ready to improve your workplace? Lead positive organisational change with Australia's most comprehensive workplace anonymous reporting system. [Book a demo →](/book-demo) ![Workplace insights through data](https://media.elker.com/f6924a7a-e912-4b4a-a006-f2d935b28e5e/banner-right.png?width=992) --- url: https://elker.com/nz title: "Elker - Anonymous Reporting for Employees to Speak Up" description: "New Zealand's leading anonymous reporting system to combat workplace sexual harassment, fraud and discrimination. Book a demo today." locale: en-NZ generated: 2026-07-01T14:05:44.722Z --- Elker New Zealand # Tools to speak up safely Elker drives meaningful change in the workplace through anonymous reporting, efficient case management and real-time analytics. Building **trust and transparency** with ## Transform insights into targeted actions 1 Encourage employees to speak up about misconduct, safety issues, and improvement opportunities 2 Identify emerging risks and trends through real-time analytics and reporting 3 Translate employee feedback into targeted initiatives that enhance safety, transparency, and compliance ## See how Elker works Watch a short introduction to the platform by clicking the play button below ![Meet Elker video thumbnail](https://cdn.elker.com/meet-elker/thumbnail_bba26ec6.jpg?w=1080) ## Reporting tools for feedback, support and early intervention Access quality insights about your organisation earlier ### From reactive to proactive Elker's anonymous workplace reporting helps you identify workplace issues earlier, address risks, and prevent future incidents through early intervention. ### Data-driven cultural intelligence Transform raw feedback into actionable insights. Our advanced analytics help you identify employee concerns, measure the impact of your initiatives and make informed decisions about policies and training. ### Streamlined case management Save time and resources with intelligent workflows. Customisable reporting pathways, automated routing and rules, and comprehensive case tracking and resolution tools. ### Secure, encrypted data handling Maintain data integrity and reporter safety with Elker's SOC2-attested and ISO 27001-certified case management system. [View all features →](/nz/features) ## Who uses Elker? Elker is recognised as a trusted solution across all industries. Find out how Elker can assist you in your specific industry. ## Your partners in due diligence Elker ensures compliance coverage and genuine cultural change by providing the tools to understand your people and operational risks. Health and Safety at Work Act 2015 Provide avenues for receiving information regarding incidents, hazards and risks. Make anonymous reporting part of your process to eliminate or minimise risks to health and safety. Protected Disclosures (Protection of Whistleblowers) Act 2022 Protect disclosers who make a protected disclosure through secure reporting and case management tools. Provide effective internal procedures and clear pathways to disclose serious wrongdoing. Human Rights Act 1993 Protect whistleblowers who make a protected disclosure. Prevent sexual harassment from occurring with tools for the early detection of misconduct. ## Maintain anonymity and confidentiality through data security - ISO 27001 certified - SOC2 attested - Regional data hosting to meet local data privacy requirements - Third-party security audits and penetration testing ![ISO 27001 Certified](https://media.elker.com/74edf326-f927-4feb-a180-31a49f65d64c/iso-27001-certified.svg)![SOC 2 Verified](https://media.elker.com/c39b77d4-a682-489b-8c92-e07bfbc4b5ad/soc-2-verified.svg) ![GDPR Certified](https://media.elker.com/5f1bdd7e-b5d7-4409-b80b-9c24ebafd34e/gdpr.png) ## Insights View the latest insights on anonymous reporting, fostering a speak-up culture, and tackling employee misconduct. ## Hearing What Matters The Elker LinkedIn newsletter. A monthly briefing for Australian leaders on speak-up, risk, culture, and compliance. Issue 1 now out! [View Issue 1 →](https://www.linkedin.com/pulse/why-your-ai-rollout-needs-psychosocial-check-elkerofficial-r1gzf/) [![LinkedIn newsletter: Hearing What Matters issue 1](https://media.elker.com/c6ac0dd1-5e48-4b82-b3ee-0d17b97798f8/hearing-what-matters-1.png)](https://www.linkedin.com/pulse/why-your-ai-rollout-needs-psychosocial-check-elkerofficial-r1gzf/) ## Frequently asked questions Elker is an anonymous reporting platform that helps organisations foster safer work environments. The platform enables employees to report concerns about safety, misconduct, and psychological hazards in the workplace. Elker offers efficient case management tools, surveys, and analytics to understand your organisation and promote targeted change. For more information, visit our [feature page](/nz/features). Many workplace issues go unnoticed due to a lack of trust in reporting mechanisms. When organisations provide secure, third-party anonymous reporting tools like Elker, employees feel safe to speak up. With anonymous reporting, conduct that might remain hidden can be identified and addressed earlier, creating a more resilient workplace. By demonstrating accountability and commitment to ethical conduct, organisations protect their reputation, meet regulatory requirements, and reduce legal risk. Strong reporting programs may also drive higher employee retention and productivity by fostering a culture of trust and safety. Our team are committed to delivering solutions that drive meaningful cultural change. We bring extensive experience implementing effective whistleblowing and speak-up programs across Australia, with a proven track record of success. As an ISO 27001 certified platform, Elker delivers enterprise-grade security to protect whistleblowers and organisations' data. We provide comprehensive support throughout the implementation process, from pre-vetted templates and policy development to ongoing assistance that ensures your program succeeds long-term. ## Ready to improve your workplace? Lead positive organisational change with Australia and New Zealand's most comprehensive workplace anonymous reporting system. [Book a demo](/nz/book-demo) ![Icon tags](https://media.elker.com/03a10884-8695-4632-86c0-6ec4727fa407/icon-tags.png) Know what you pay Opt in to the features you need with transparent pricing. [Pricing →](/nz/pricing) ![Icon shields](https://media.elker.com/64b695c8-b1f9-46e8-952f-206171b04f57/icon-shields.png) ISO 27001 certified Enterprise-grade security and data protection. [Security →](/nz/security) --- url: https://elker.com/about title: "About Us | Meet the Team | Elker" description: "Anonymous reporting, online ethics hotline, surveys, analytics and case management to help people speak up" locale: en-AU generated: 2026-07-01T14:05:38.673Z --- # About us Elker is an anonymous reporting platform that allows people to [speak up](/articles/speak-up-culture) about workplace issues such as harassment, [discrimination](/articles/discrimination-in-the-workplace), corruption, and [misconduct](/articles/dealing-with-workplace-misconduct). Designed for businesses, universities, government agencies and organisations, we provide secure tools to communicate effectively with your employees, students and members. Our platform offers tools that adapt to your organisation: [anonymous reporting](/articles/anonymous-reporting-advantages-disadvantages), surveys, analytics, case management -[see our full feature list](/features). Building **trust and transparency** with ## Our story At the heart of Elker lies a clear principle: every person should have a space to speak openly, be genuinely understood, and find effective resolutions. Our founders, Shirli Kirschner and Jack Murray, bring their unique expertise to this shared vision. Shirli Kirschner, with a background in law, mediation and dispute system design, worked at leading Australian law firms, including Allens and Gilbert & Tobin. As Director of Resolve Advisors, Shirli supported a range of businesses to develop early intervention systems that provide better outcomes for individuals needing support and was a leader in systems for the prevention and resolution of disputes. As a sessional Registrar at the Federal Circuit Court, Shirli saw how many businesses could resolve issues prior to court if only they had a way of knowing about them earlier. Jack Murray combines his tech knowledge with a strong commitment to privacy. Jack was inspired to build Elker after learning from people firsthand about the struggles they faced when navigating challenges at university and at work. With his background in law and communication, Jack saw the need for a platform that provided more than just a communication outlet – one that offered genuine understanding and a supportive user experience for people experiencing difficulty. Elker stands on three primary pillars: 1. **Transparency**: Everyone should clearly understand processes and feel a part of them.  2. **Agency**: People should have control over their stories and be active in finding solutions.  3. **Choice**: We recognise that each incident is unique. Systems must be flexible for people to choose their course of action. Elker offers: 1. **A** [**trauma-informed approach**](/articles/person-centred-and-trauma-informed-approach): We handle each story with the sensitivity and understanding it deserves.  2. **Expert guidance**: With the help of legal professionals and Shirli’s rich mediation experience, we provide comprehensive guidelines.  3. **Adaptive flexibility**: In recognising the diversity of business structures and needs, our software modules were designed to adapt to any organisation. 4. **Tailored analytics**: Our custom analytics provide businesses with unique insights to identify workplace trends and ensure alignment with local laws. 5. **A progressive workplace culture**: With our collective experience, we encourage workplaces to adopt a proactive, agile approach, emphasising the importance of dialogue and early intervention. Our journey at Elker is about honouring the many stories we've heard in workplaces, universities and organisations. It's about building an ecosystem where every voice, concern and hope finds its rightful echo. Welcome to Elker, where your voice truly matters. ## Built with decades of triage and dispute resolution experience Elker brings together problem solvers, developers and designers with experience in making it easy to speak up. ## Operations team - ![Elker team: Amit Shah](https://media.elker.com/ec659622-f08c-4716-a9a7-b39fdf63080d/amit-shah-elker.jpg) ### Amit Shah CFO - ![Elker team: Angie Fajardo](https://media.elker.com/ffdba867-e0f8-4719-ac4f-9d0fb302b0de/angie-fajardo.jpg) ### Angie Fajardo Director of Digital Transformation - ![Elker team: Bryan McLeod ](https://media.elker.com/5683b99a-c107-4619-b728-e4a54d3ca34a/bryan-mcleod-elker.jpg) ### Bryan McLeod CISO - ![Elker team: Jack Murray](https://media.elker.com/c7780bea-3f36-4577-a647-6747cfc79cfa/jack-murray-elker.jpg) ### Jack Murray Co-founder & CIO - ![Elker team: Shirli Kirschner](https://media.elker.com/e1d339ea-86bb-43a3-9068-4e2badb3a3c3/shirli-kirschner-elker.jpg) ### Shirli Kirschner Co-founder & COA ## Board - ![Elker team: Britt Bloom](https://media.elker.com/4ab75246-06bf-41d7-aff0-2fcf19c03a5c/britt-bloom-elker.jpg) ### Britt Bloom - ![Elker team: Jim Hassell](https://media.elker.com/7a898882-487d-4733-86a8-ec8355185250/jim-hassell-elker.jpg) ### Jim Hassell Chairperson - ![Elker team: Peter Leonard ](https://media.elker.com/4f97d2d3-d807-4231-beb7-d634123dc033/peter-leonard-elker.jpg) ### Peter Leonard Data & Security ## Consultants - ![Elker team: Claire Alder ](https://media.elker.com/361df074-6c43-4e21-97bb-9b172a3a7374/claire_alder_elker_f58ce4e2eb.jpg) ### Claire Alder Investigator & mediator - ![Elker team: David Bryson ](https://media.elker.com/d4c4db6f-9299-4269-97f4-d2c596307c9a/david-bryson-elker.jpg) ### David Bryson Change management, OH&S - ![Elker team: David Toll](https://media.elker.com/39a9fc61-70e7-45e6-b4af-3187801c282d/david-toll-elker-network.jpg) ### David Toll - ![Elker team: Dr. Rosemary Howell](https://media.elker.com/72ea0e10-5156-47a0-b941-cbcad4c010bd/rosemary-howell-elker.jpg) ### Dr. Rosemary Howell Professional services - ![Elker team: Jacquie Wharton](https://media.elker.com/d1b69be2-29f1-4688-89ae-576e20db638e/jacquie-wharton-elker.jpg) ### Jacquie Wharton Inter-personal disputes - ![Elker team: Lynora Brooke ](https://media.elker.com/afac48d4-e4cc-45aa-9b6d-57c15ae98b8f/lynora-brooke-elker.jpg) ### Lynora Brooke Conflict coaching - ![Elker team: Steve Lancken](https://media.elker.com/290483dc-f613-4c7a-a336-a8a772bf1ad5/steve-lancken-elker.jpg) ### Steve Lancken Commercial mediator Interested to find out more? See how Elker can help with compliance and build a culture of accountability and trust in your organisation. [Book a demo](/book-demo) [Get a quote →](/pricing) --- url: https://elker.com/contact title: "Contact Us | Improve Your Reporting Channels | Elker" description: "Contact the Elker team to discuss anonymous reporting, feedback, analytics and how we can work with you to build a secure reporting system." locale: en-AU generated: 2026-07-01T14:05:41.997Z --- # Speak to us about how we can improve your reporting channels Contact the Elker team to discuss [anonymous reporting](/articles/anonymous-reporting-advantages-disadvantages), feedback, analytics and how we can work with you to build a secure reporting system. Email hello@elker.com Address 6-14 Oxford St, Darlinghurst NSW Australia ## Frequently asked questions Elker is an anonymous reporting platform that allows individuals to speak up about workplace issues such as harassment, discrimination, and misconduct. Beyond reporting, it offers tools for surveys, analytics, case management and reporting to foster open communication and compliance within organisations. The full list of [features](/features) can be found here. Elker was designed for Australian universities, businesses, and peak bodies. Any organisation seeking to enhance transparency, address misconduct, and foster a safe environment can benefit from Elker.  At present, we don't offer a trial version due to the custom setup tailored to each client. However, for a comprehensive look at our software, please book a demonstration. During this session, we can address your particular requirements and provide further demonstrations as needed. Elker's pricing varies based on your organisation's size, required features, and specific compliance needs. Our first step is to understand the challenges your organisation hopes to address. As experts in dispute systems design, we propose solutions tailored to your organisation. We ensure transparent pricing. Schedule a demonstration, and we'll deliver a customised pricing guide within 24 hours. Yes, Elker's platform offers flexible and customisable workflows to cater to an organisation's specific needs. This ensures that the reporting and case management processes align with the unique structures and objectives of different entities. If a must-have feature is missing from our software, please [contact us](/contact). It may be possible to develop this feature specifically for your organisation or integrate this tool for all Elker users. Elker was designed by experts in triage and dispute resolution. We recognise the critical importance of shielding whistleblowers from retaliation. As such, our software adheres to [stringent security protocols](/security), including ISO27001 standards. With Elker, reporters can use encrypted end-to-end messaging to remain entirely anonymous. Throughout the reporting process, Elker guides both reporters and responders, ensuring their privacy and safety are maintained.  All Elker subscriptions come with a technical support package included. Support includes technical training for the platform, configuration and development of new features. We are always available to assist within a very short turnaround time. The [Elker team and our network of consultants](/about) have deep expertise in receiving, triaging and resolving issues. Our founder, Shirli Kirscher, has over 30 years of experience creating and implementing resolution processes in organisations of all shapes and sizes. Via the Elker network, we can provide a range of personalised programmes that include training on trauma-informed responses, difficult conversations, respectful workplaces, conflict coaching, whistleblowing disclosure management for eligible recipients, mediation and a range of other expert processes.  Building **trust and transparency** with Interested to find out more? See how Elker can help with compliance and build a culture of accountability and trust in your organisation. [Book a demo](/book-demo) [Get a quote →](/pricing) --- url: https://elker.com/pricing title: "Pricing | Get a personalised quote for your organisation" description: "Elker is an anonymous reporting platform for employees to speak up about workplace issues. Get a quote today and see how we can transform your organisation." locale: en-AU generated: 2026-07-01T14:05:46.548Z --- Pricing # Tailored solutions for every organisation Elker offers bespoke reporting solutions, designed to meet the unique needs of small-to-medium-sized organisations and the complex demands of large enterprises. If you are unsure about what you might need, [contact us](/contact) for a free consultation. ### Core Essential reporting tools for small-to-medium-sized organisations. - Unlimited internal user seats - Configurable reporting pathways - Custom notifications - Analytics dashboard - Standard automations - iOS & Android app ### Enterprise Custom solution for large enterprises, global teams and complex needs. - Unlimited seats & pathways - Custom fields & complex form logic - Custom analytics & surveys - External case management through trusted partners - Custom data jurisdiction - Dedicated account manager A full list of features for each tier is below. ## Features ### Core Essential reporting tools for small-to-medium-sized organisations. ### Enterprise Custom solution for large enterprises, global teams and complex needs. Unlimited Unlimited Unlimited Unlimited Configurable Custom Standard Custom Standard Custom Standard Custom Add-on Standard Custom Add-on Add-on Add-on Add-on Add-on Add-on Add-on Add-on Add-on Add-on Choose where your data is located By default, data is stored in Australia or the EU Add-on Add-on Standard Custom Add-on Add-on Advanced Custom SLA Add-on Add-on Add-on Custom Add-on Custom Add-on Add-on Custom Add-on Add-on ## Frequently asked questions Elker's is tailored to the unique needs of each organisation. Our pricing considers the number of client seats, the number and type of reporting channels, desired features and modules, and any necessary customisations. To determine the cost for your organisation, start by requesting a quote. Please provide us with enough detail to understand your needs. Our team will respond with a price guide and organise a follow-up meeting. The setup process for Elker typically takes between 5 and 21 days. Setup time depends on the complexity of your organisation's requirements and the extent of software customisations and integrations needed. Due to the personalised nature of our software, we don't offer a trial. However, we are committed to ensuring that you have a clear understanding of how Elker can meet your organisation's specific needs. Our team will provide a comprehensive demonstration of the platform, showcasing its features and capabilities. We'll work closely with you to assess your unique requirements and put together a tailored package that aligns with your goals. This approach ensures that you have all the information necessary to make an informed decision without the need for a trial period. We aim to deliver a custom price guide within 1-2 business days. We may request additional information and a meeting to scope out your requirements. Building **trust and transparency** with Interested to find out more? See how Elker can help with compliance and build a culture of accountability and trust in your organisation. [Book a demo](/book-demo) [Get a quote →](/pricing) --- url: https://elker.com/security title: "Trust and Security | Elker" description: "Our platform is built on trust. We go beyond industry standards to ensure data is managed and protected using the highest possible security protocols." locale: en-AU generated: 2026-07-01T14:05:46.582Z --- # Security and data privacy Security is at the core of our business. Elker is trusted by leading organisations for secure data handling and protecting the anonymity of reporters. ## Our certifications and controls ![ISO 27001 Certification logo by the Global Compliance Certification (GCC)](https://media.elker.com/74edf326-f927-4feb-a180-31a49f65d64c/iso-27001-certified.svg) ### ISO 27001 certified Elker is certified with ISO 27001, the international standard for information security management systems. For a copy of our certificate, contact us. [Contact us](/contact) ![Vanta trust portal for Elker](https://media.elker.com/0f835484-a84b-4b8d-8fd0-d2b973961e61/vanta-elker.svg) ### Vanta trust portal For a detailed overview of our security controls, procedures, and privacy practices, visit our Vanta Trust Portal. [Learn more](https://app.vanta.com/elker/trust/oyuc8jv5bsizzv2zbww) ## Our security framework ### Zero-trust architecture We verify every access request, no matter where it comes from. This means even if someone manages to breach one layer of security, they still can't access sensitive data without proper authentication. ### Defence-in-depth Instead of relying on a single security measure, we layer multiple controls throughout our systems. Each layer adds protection and makes it increasingly difficult for potential threats to get through. ### Privacy-by-design We consider privacy implications at every stage of our development process. Privacy protection is integrated into every part of our system. ### Continuous improvement Security threats evolve, and so do we. We regularly update our security measures, perform penetration testing on our systems, and incorporate new protections to stay ahead of emerging threats. ### Security governance Elker's leadership team sets the overall security strategy and regularly reviews the implementation of security controls and metrics to ensure continuous improvement. ## Technical security ### Single Sign-On (SSO) Elker supports secure authentication via Single Sign-On (SSO) using industry-standard protocols. Integration with Microsoft Entra and Active Directory enables clients to leverage their Microsoft 365 or on-premises AD accounts for seamless SSO experiences. ### Comprehensive penetration testing We engage independent security experts to conduct full-stack penetration tests on our systems at least annually. Any vulnerabilities discovered are promptly remediated. ### Cyber incident response Elker maintains a comprehensive cyber incident response plan that is regularly reviewed. Our team is prepared to detect, respond to, and recover from potential security incidents rapidly. ### Secure development lifecycles Security is embedded throughout our product development lifecycle. All changes undergo threat modelling and code review for security issues. Third-party libraries are continuously monitored for vulnerabilities. Automated security testing is performed on every code change before deployment. ### SOC 2 attested Elker is SOC 2-attested as business and all of Elker's cloud services maintain SOC 2 compliance, ensuring they adhere to strict security and availability standards. ### Granular access controls Access to all Elker systems is governed by the principle of least privilege and enforced by role-based access control (RBAC). Clients have full visibility and control over access permissions for their instances. ## Personnel & organisational security ### Employee background checks All Elker staff undergo thorough background checks as part of the hiring process. ### Security awareness training Elker staff complete cybersecurity awareness training to ensure their responsibilities in protecting client data are understood. ### Cybersecurity policy adherence Elker maintains a 100% acceptance rate for our cybersecurity policies, which all staff must review and agree to. ### Vendor risk management We assess the security posture of all third-party vendors, including cloud service providers and contractors, based on the risk they pose. Vendor security is continuously monitored throughout the engagement. ## Enterprise data protections - AES-256 encryption for data in transit and at rest - ISO 27001-certified - GDPR compliant - SOC 2-attested ![ISO 27001 Certified](https://media.elker.com/74edf326-f927-4feb-a180-31a49f65d64c/iso-27001-certified.svg)![SOC 2 Verified](https://media.elker.com/c39b77d4-a682-489b-8c92-e07bfbc4b5ad/soc-2-verified.svg) ![GDPR Certified](https://media.elker.com/5f1bdd7e-b5d7-4409-b80b-9c24ebafd34e/gdpr.png) ## Data privacy at Elker ### Reporter anonymity For reporters who wish to remain anonymous, Elker guarantees that their identity will be protected. ### Data minimisation We only collect the minimum amount of personally identifiable information (PII) needed to enable reporting and communication with authorised parties. ### Data protection All PII is masked in logs and encrypted both in transit and at rest using industry best practices. Access to client data is strictly controlled and audited. Building **trust and transparency** with Interested to find out more? See how Elker can help with compliance and build a culture of accountability and trust in your organisation. [Book a demo](/book-demo) [Get a quote →](/pricing) --- url: https://elker.com/trust title: "Trust | Employee safety and ethical integrity" description: "Elker empowers our partners to build cultures of integrity that attract top talent, increase performance and develop a true culture of safety." locale: en-AU generated: 2026-07-01T14:05:47.050Z --- Safe Space Employer # Transforming workplace safety through trust and transparency We empower our partners to build integrity-based cultures that attract top talent, increase performance and develop a culture of safety. ![Elker Safe Space Employer badge](https://media.elker.com/07cd52bf-096c-4810-8b82-79d4131d7482/elker-safe-space-employer-badge-hero.png?width=992) ## Safe Space Employer badge An Elker Safe Space badge shows that an organisation is committed to cultural change and has implemented the following: ### Advanced anonymous reporting infrastructure A secure platform that protects employee identity while enabling two-way communication and support ### Direct leadership communication channels Bridging the gap between employees and leadership through confidential, structured feedback pathways ### Comprehensive issue tracking and resolution Systematic case management that ensures no concern goes unaddressed ### Regular evaluation and continuous improvement Meaningful workplace improvements through regular audits and data-driven insights ## Why trust matters Higher retention Organisations with a proper reporting system see significantly higher employee retention rates Diversity and innovation Companies committed to psychological safety attract and retain diverse talent, driving innovation and performance Detection and prevention Issues are identified and addressed earlier when people have access to secure, anonymous reporting channels Partner with Elker for lasting change Join leading organisations that have chosen Elker to drive meaningful change [Book a demo](/book-demo) [Get a quote →](/pricing) --- url: https://elker.com/solutions/anonymous-suggestion-box title: "Anonymous Suggestion Box to Transform Workplace Culture" description: "Elker empowers organisations to collect genuine feedback, identify emerging risks and drive meaningful workplace change. Find out more." locale: en-AU generated: 2026-07-01T14:05:46.647Z --- # Transform your workplace culture with an anonymous suggestion box Elker empowers organisations to collect genuine feedback, identify emerging risks and drive meaningful workplace change. ## Harness employee feedback to solve critical challenges 1 Provide safe, confidential channels for employees to share suggestions, report issues, and contribute ideas. 2 Identify risks, opportunities and emerging trends in your workplace with intelligent analytics and reporting. 3 Translate employee input into targeted actions that resolve issues, increase safety and improve organisational culture. ## A powerful online suggestion box trusted by leading organisations ![Build dynamic reporting pathways with Elker](https://media.elker.com/c076908e-c597-4956-b3d7-5b1882a9d7d8/elker-ios-android-app.png) ![Intelligent case management with Elker](https://media.elker.com/8b527d02-f12a-4ac7-8425-38b2ecae7f3e/performance-and-conduct-static.png) ![Advanced security safeguards with Elker](https://media.elker.com/23a480a7-7076-4398-ae8b-64c3164d1019/nz-data-privacy-security.png) ![Triage and workflow automation with Elker](https://media.elker.com/08a86b1c-29ae-4c40-89e1-be4e989423ba/feature-case-management.png) ![Realtime cultural analytics with Elker](https://media.elker.com/1dfb2744-4ff8-47e8-a173-417a2374f6fd/analytics-and-trends-static.png) Build dynamic reporting pathways Configurable workflows and access controls to optimise intake, triage, and resolution for various report types. Intelligent case management Automated prioritisation, task assignment, and progress tracking to streamline end-to-end issue handling. Advanced security safeguards Industry-leading data encryption, access controls and guided reporting processes to safeguard employee identity. Triage and workflow automation Configurable templates to automate notifications, tagging, escalations and other process steps. Realtime cultural analytics Dashboards and insights to monitor key metrics, benchmark performance, and identify emerging risks. ![Hero image: Whistleblowing system for business transparency and integrity](https://media.elker.com/0db7732a-321a-4755-a319-b94bdfdd9049/elker-page-break-image-2.png?width=992) ## What you don't know can hurt you In every workplace, people have valuable suggestions, pressing concerns and tricky issues. But too often, leaders struggle to hear them. With over 20 years of expertise in conflict management, workplace strategy and dispute system design, Elker helps your organisation: 1. Give employees a voice to share ideas, complaints, safety issues and whistleblower reports 2. Use data insights to spot risks and opportunities in employee feedback 3. Quickly investigate and resolve problems with easy case management tools 4. Take action on insights to make positive changes to your workplace culture 5. Track progress and share impacts with intuitive reporting ## Uncompromising protection for employees and organisations - ISO 27001 certified - SOC2 attested - AES-256 encryption for data in transit and at rest - Regional data hosting to meet local data privacy requirements - Third-party security audits and penetration testing [Security page →](/security) ![ISO 27001 Certified](https://media.elker.com/74edf326-f927-4feb-a180-31a49f65d64c/iso-27001-certified.svg)![SOC 2 Verified](https://media.elker.com/c39b77d4-a682-489b-8c92-e07bfbc4b5ad/soc-2-verified.svg) ![GDPR Certified](https://media.elker.com/5f1bdd7e-b5d7-4409-b80b-9c24ebafd34e/gdpr.png) ## Navigate Australia's regulatory landscape with confidence Elker helps organisations align workplace investigation programs with evolving legislation and standards. Corporations Act & Public Interest Disclosure Act Confidential reporting processes that protect whistleblowers and manage disclosures. Sex Discrimination Act Purpose-built workflows and policies aligned with positive duty obligations Data privacy requirements Strong access governance and security controls to safeguard sensitive information Work Health & Safety Act Structured issue identification and response to proactively address psychological hazards Aged Care Act (mid-2025) Intelligent workflows to streamline incident management and mandatory reporting ## See how Elker works ## Frequently asked questions An anonymous suggestion box is a powerful tool to gather employee feedback and drive informed decisions about your workplace. By providing a secure, confidential channel for employees to voice opinions, an anonymous suggestion box surfaces valuable insights into your workplace culture that traditional feedback mechanisms often miss. Elker's enterprise-grade, fully customisable platform goes beyond simple form submissions, offering innovative features like anonymous surveys and encrypted two-way communication to facilitate anonymous dialogue between employees and leadership. Implementing an anonymous suggestion box offers several benefits: - Encouraging open, honest communication across all levels - Proactively identifying emerging issues, risks and opportunities - Demonstrating leadership commitment to transparency and change - Empowering employees as active partners in cultural change - Mitigating legal and reputational risks through early detection - Boost engagement and employee satisfaction - Providing data to inform HR initiatives and investments With Elker, organisations can quickly realise these benefits at scale. Our intelligent platform streamlines the end-to-end feedback lifecycle, transforming employee suggestions and concerns into actionable insights. Advanced analytics and real-time reporting enable leaders to keep a pulse on employee sentiment and proactively shape organisational culture. An anonymous suggestion box is an effective tool for boosting employee engagement by: - Empowering employees to share ideas and feedback without judgment - Showing that employee opinions are valued and acted upon - Enabling employees to participate in shaping company culture and direction - Creating a sense of ownership and investment in the organisation's success - Providing a channel for employees to raise concerns before they escalate - Facilitating continuous improvement based on frontline insights Elker's virtual suggestion box makes it simple to capture and analyse employee feedback in real time. Advanced features like sentiment analysis and trend reports provide actionable insights to address concerns, enhance employee satisfaction, and increase engagement. Ensuring anonymity is important for employees to feel safe to voice their opinions through an anonymous suggestion box. Elker employs multiple best-in-class security safeguards to protect employee identity at every stage: 1. Anonymised data collection that detaches identifying metadata from responses 2. Advanced encryption, both when data is transmitted and when stored 3. Fully customisable access controls to restrict visibility to authorised personnel 4. A user experience that guides reporters through the reporting process to ensure information is reported that will not compromise their identity There are a few ways to set up a free suggestion box and anonymous surveys using Google Forms, Microsoft Form, Free Suggestion Box or Tally. These options can be a great solution to collect feedback from employees and customers. However, they often lack the advanced security features, customisation options and analytical capabilities required for many workplaces. There are several benefits to an enterprise suggestion box: - Data-driven insights: Powerful insights allow workplaces to proactively identify workplace risks and trends before they become issues. - Security and anonymity: Enterprise tools are developed specifically for capturing anonymous feedback, such as end-to-end encryption, granular access permissions, redaction, data sovereignty and secure infrastructure. - Expert implementation and support: Specialist teams provide comprehensive onboarding, strategic guidance, and proven frameworks to transform feedback programs into measurable cultural improvements. While a simple suggestion box allows companies to get set up in just a few clicks, they often lack the strategic expertise needed to drive meaningful cultural change. Elker delivers a comprehensive workplace solution that goes beyond basic idea gathering. Our approach: - Tailored setup that adapts to your unique needs - Customisation options to align with your processes, programs and existing systems - Advanced security, SSO and compliance safeguards for optimal protection - Intelligent analytics to proactively surface cultural insights and risks - Policies and proven communication strategies to ensure the success of your anonymous reporting system Elker serves as a trusted partner, working closely with organisations to craft engagement strategies, communication plans, and educational resources that maximise cultural impact. Through a comprehensive, data-driven approach to workplace transformation, we empower companies to drive meaningful changes in their workplace and foster a culture of trust, transparency and inclusion. ## Who uses Elker? See how Elker is used in your industry. Building **trust and transparency** with Interested to find out more? See how Elker can help with compliance and build a culture of accountability and trust in your organisation. [Book a demo](/book-demo) [Get a quote →](/pricing) --- url: https://elker.com/solutions/case-management-software title: "Case Management Software for Strategic Decision Making" description: "Case management software that streamlines incident resolution and surfaces systemic risk patterns. Built for sensitive workplace matters across AU and NZ." locale: en-AU generated: 2026-07-01T14:05:46.700Z --- Solutions # Case Management Software for Strategic Decision Making Elker's case management software streamlines incident resolution and uses data analytics to help you identify systemic risks, save time, and build a more resilient organisation. ![Product showcase: Custom fields](https://media.elker.com/58fb559d-4454-4294-a161-6bedbf683390/custom-fields.png?width=992) ## Streamline resolution and risk oversight 1 Automate case creation and tasks, and reduce the time spent on manual data entry. 2 Collaborate securely using built-in case notes and document management. 3 Leverage analytics to understand root causes, take strategic action, and prevent recurring issues. Features ## One platform to manage cases Intelligent case management Automated report routing based on issue type and severity, built-in audit trails, and workflow automations Real-time assessment Dashboards and insights to monitor risk indicators, report stats and program performance Enterprise-grade security End-to-end encryption to safeguard reporter confidentiality. Granular access controls and permissions to protect sensitive data. Flexible reporting pathways Customisable forms and workflows. Multiple input channels, including web and mobile apps. Anonymous two-way communication to facilitate dialogue and follow-up. ![Hero image: Corporate whistleblowing tool for prevention of misconduct and business integrity](https://media.elker.com/8366379d-02ad-4014-8584-23bf2bd38785/elker-page-break-image-4.png?width=992) ## A data-driven approach to managing risk The most effective organisations use data to make informed decisions about every aspect of their business, including the health of their workplace culture. Every report of a safety incident, a compliance breach, or a grievance is a critical data point. When captured and analysed correctly, these data points provide a real-time measure of organisational health and risk. The key is having a system that can collect and interpret this information. Without a dedicated system, incident data remains fragmented across emails and spreadsheets, making it impossible to see the bigger picture. Case management software addresses this directly by consolidating all reports into a single, structured database. It connects disparate events to provide a holistic view of your organisation's health, highlighting recurring problems and areas of risk. This clarity enables leaders to shift from reacting to individual issues to strategically addressing the root causes, improving culture and strengthening the business. Elker is the leading case management solution for forward-thinking organisations wanting to build a proactive and transparent workplace culture. Our system empowers you to move beyond reactive problem-solving by identifying and addressing systemic risks before they escalate. By transforming sensitive reports into clear data and actionable insights, Elker provides the foundation for continuous improvement and a safer work environment for everyone. ### Seamless stakeholder coordination Streamline communication between reporters, case managers, HR, legal, and leadership teams. Automated notifications and role-based permissions keep all stakeholders aligned while maintaining confidentiality. ![Product showcase: Secure internal sharing and permissions settings ](https://media.elker.com/736c4c28-f615-4518-b174-4ac213034b69/product-features-secure-internal-sharing.png?width=992) ### Exportable reports Extract case data in multiple user-friendly formats for analysis or sharing. All exports maintain security protocols while enabling collaboration with internal teams or external advisors. ![Exportable reports: product showcase](https://media.elker.com/a785621b-d430-4bc1-aa99-7589efe31463/product-feature-exportable-reports.png?width=992) ### Customisable workflows Configure case management processes to match your organisation's unique requirements. Adapt the platform to integrate with existing protocols rather than altering your team's workflow. ![Triage and case management tools](https://media.elker.com/08a86b1c-29ae-4c40-89e1-be4e989423ba/feature-case-management.png?width=992) ### Integrated training programs Deliver case management training through the platform. Modules ensure staff understand compliance and trauma-informed case management processes. ![Training and onboarding: product showcase](https://media.elker.com/35a97aa1-40ab-408c-900d-4e9d08f21f04/product-feature-training-onboarding.png?width=992) [View all features →](/features) ## Frequently asked questions Case management software is a technology platform designed to help an organisation systematically manage a case from its initial report through to investigation and resolution. It acts as a single, secure environment for all case-related information, including communications, documents, evidence, and deadlines. This ensures every issue is handled with consistency and accountability. Encouraging people to speak up safely is entirely about building trust in the process. Elker achieves this in two fundamental ways: through certified platform security and with features that give individuals direct control over their identity. First, Elker is ISO 27001 certified and SOC 2 attested. These are rigorous, global standards for information security, verified through recurring audits by independent experts. This provides institutional assurance that our systems for managing your most sensitive data are built and maintained to the highest international security protocols, giving your organisation and your people confidence in the platform itself. Second, features like anonymous reporting and end-to-end encrypted messaging provide direct protection for the individual. Anonymity enables an employee to report concerns about misconduct or a psychosocial risk without fear of personal or professional reprisal. Crucially, our encrypted live chat enables a secure, two-way conversation between the anonymous reporter and a case manager. This means the person speaking up can safely answer questions and receive updates on the investigation, which is vital for building the confidence needed to report sensitive issues. A key benefit of a structured case management solution is its ability to provide clear insights through reporting and analytics. By organising all case data, the software makes it easy to spot trends, for example, a pattern of psychosocial hazard reports in a particular department. This allows leaders to move beyond resolving single incidents and make proactive, data-driven decisions to address root causes, thereby preventing future occurrences. For a whistleblowing case management system, security is paramount. To comply with the Corporations Act, essential features include end-to-end encryption, options for reporter anonymity, and a robust permissions system. Elker is ISO 27001 certified and SOC 2 attested, which validates our enterprise-grade security controls. This ensures all sensitive information related to whistleblower disclosures is protected from any unauthorised access. Yes. A scalable, cloud-based software solution is highly practical for a small business. It provides access to the same high-level tools for compliance and efficiency as a large corporation, without requiring significant IT infrastructure. A dedicated case management tool enables a small team to manage its workload professionally, reduces the risks associated with manual data entry, and ensures compliance obligations are met efficiently. No two organisations are identical. Customisable workflows enable you to tailor the software to your existing systems and processes. Rather than forcing your team to change how they work, Elker allows you to configure automated steps that assign tasks, send notifications, and escalate cases based on your rules. This automation streamlines the management process, improving the consistency and speed of case resolution. This management software directly boosts productivity by automating administrative work and creating a single source of truth for every case. This significantly reduces the time teams spend searching for files and emails. With clear dashboards and automated reminders for task management, the process becomes more efficient, leading to a quick resolution for cases and allowing staff to focus on more strategic activities. Yes, a flexible software solution is often designed for integration. It can connect with existing systems, such as your HR platform and employee assistance program, to ensure data consistency and eliminate the need for duplicate data entry. This creates a more unified technology environment and provides a more comprehensive view of your operations. Elker is built on a foundation of security. Our ISO 27001 certification and SOC 2 attestation mean our controls are independently audited and verified. We utilise a strong permissions system for granular user access, apply end-to-end encryption to all data, and offer secure channels for all communications. This ensures that all case details and personal information are kept confidential and protected. You can read more about our security processes on our [security page](/security). Yes. A key feature of a sophisticated system is the ability to share specific cases with external parties like lawyers, mediators, or investigators without compromising overall security. Elker allows you to grant controlled, time-limited access for specific cases, with all activity monitored. This facilitates expert consultation while maintaining strict confidentiality. The software provides a centralised, secure library for every document related to a case. This includes intake forms, photos, signed statements, and final reports. This approach to document management ensures all authorised users are working from the most current information and creates a complete, auditable record for every single case. A flexible case management tool is designed to manage multiple and varied case types simultaneously, each with its own distinct workflow. Your compliance team can oversee whistleblower reports while the HR department manages employee grievances, all within the same secure system but with data access firewalled by user roles and permissions. A role-based permissions system is a critical security feature that works on the principle of least privilege. It means users can only see and interact with the information and tools essential for their role. A case manager would see their assigned cases, while a senior leader might only have access to anonymised, high-level reporting. This protects sensitive information from internal and external threats. A good software provider acts as a partner. Elker provides comprehensive onboarding and ongoing support to ensure your team can fully leverage the platform's capabilities. We assist with the initial setup, help you configure your customisable workflows, and provide training to ensure your team feels confident and that your business needs are met. ## See Elker in action ![Meet Elker video thumbnail](https://cdn.elker.com/meet-elker/thumbnail_bba26ec6.jpg?w=1080) ## Safeguard your data with the highest security standards - ISO 27001 certified - SOC2 attested - AES-256 encryption for data in transit and at rest - Regional data hosting to meet local data privacy requirements - Third-party security audits and penetration testing ![ISO 27001 Certified](https://media.elker.com/74edf326-f927-4feb-a180-31a49f65d64c/iso-27001-certified.svg)![SOC 2 Verified](https://media.elker.com/c39b77d4-a682-489b-8c92-e07bfbc4b5ad/soc-2-verified.svg) ![GDPR Certified](https://media.elker.com/5f1bdd7e-b5d7-4409-b80b-9c24ebafd34e/gdpr.png) Interested to find out more? See how Elker can help with compliance and build a culture of accountability and trust in your organisation. [Book a demo](/book-demo) [Get a quote →](/pricing) --- url: https://elker.com/solutions/incident-reporting-software title: "Incident Reporting Software Australia | Secure & Anonymous" description: "Australian incident reporting software for workplace, safety, and compliance events. Anonymous intake, multilingual, aligned to WHS and Fair Work obligations." locale: en-AU generated: 2026-07-01T14:05:46.746Z --- Solutions # Incident reporting software for Australian workplaces Capture every workplace incident, from WHS near-misses to grievances and whistleblower disclosures, through a single anonymous intake channel. Elker gives your people a trusted path to report, and gives you the evidence trail to act. ## How Elker handles workplace incidents Single front door One trusted intake channel for safety events, harassment, compliance concerns, and grievances. Reporters do not need to diagnose the incident type before reporting. Smart routing Reports route automatically to the right case owner based on what was reported. HR to People, WHS to Safety, whistleblower disclosures to eligible recipients. Evidence trail Every report carries a full audit trail from intake to close-out. Photos, documents, voice notes, and chat transcripts attach directly to the case file. ## Built for every type of incident Safety and WHS events Near-misses, injuries, hazards, and notifiable incidents. Aligned to the Work Health and Safety Act 2011 (Cth) primary duty and equivalent state WHS Acts. Psychosocial hazards handled through the same channel. Harassment, bullying, and respect at work Sensitive cases handled with trauma-informed intake. Aligned to Fair Work Act Part 6-4B (stop-bullying) and Part 3-5A (sexual harassment) obligations. Whistleblower and compliance disclosures Corporations Act Part 9.4AAA disclosures, PID Act 2013 disclosures, anti-bribery, conflict of interest, and procurement integrity. Anonymous by default with two-way messaging. Grievances and interpersonal conflict Low-intensity conflict that is better handled early than ignored. Routed to People teams with the same evidence-preserving workflow as higher-stakes incidents. ## Safeguarding sensitive reporting data - ISO 27001 certified - SOC2 attested - AES-256 encryption for data in transit and at rest - Regional data hosting to meet local data privacy requirements - Third-party security audits and penetration testing [Security page →](/security) ![ISO 27001 Certified](https://media.elker.com/74edf326-f927-4feb-a180-31a49f65d64c/iso-27001-certified.svg)![SOC 2 Verified](https://media.elker.com/c39b77d4-a682-489b-8c92-e07bfbc4b5ad/soc-2-verified.svg) ![GDPR Certified](https://media.elker.com/5f1bdd7e-b5d7-4409-b80b-9c24ebafd34e/gdpr.png) ## Built for Australian WHS, Fair Work, and Corporations Act obligations Elker is configured to support the regimes that govern incident reporting in Australian workplaces. Work Health and Safety Act 2011 Capture safety events and psychosocial concerns under the WHS Act primary duty of care, including the Model WHS Amendment (Managing Psychosocial Risk and Other Measures) Regulations 2022. Fair Work Act 2009 Build the contemporaneous record that [stop-bullying](/articles/understanding-and-preventing-workplace-bullying) applications under Part 6-4B and sexual harassment applications under Part 3-5A turn on. Corporations Act 2001 (Part 9.4AAA) Receive whistleblower disclosures through the eligible-recipient framework with anonymous-by-default intake and audit-ready case management. See our guide to the [Corporations Act whistleblower regime](/articles/corporations-act-whistleblower-protections). Aged Care Act 2024 Capture serious incidents under the SIRS framework with intelligent workflows, mandatory reporting tooling, and aged-care-specific intake configurations. ## How Elker compares to generic incident forms Generic form builders capture data. They do not route it, they do not protect the reporter, and they do not preserve an evidence chain that stands up to regulator review. Standalone HR case tools are designed to manage investigations. They are expensive to scale to the whole organisation and they usually handle anonymous intake badly, because they were designed around named HR processes. Elker is purpose-built for the intake-to-resolution lifecycle. Anonymous by default. Evidence-preserving. Built to meet Australian WHS, Fair Work, and Corporations Act obligations. Operationally, that translates into faster time-to-action, lower case leakage across teams, and a clean audit trail when a regulator asks for it. Reports flow directly into Elker's [case management software](/solutions/case-management-software) for triage, investigation, and close-out. Elker is ISO 27001 certified. Reporter anonymity is protected cryptographically. SSO and MFA are available, and role-based access controls ensure that only the case managers who need to see a specific incident can see it. For our complete security posture, including data residency and hosting details, see [our trust and security page](/trust). ## Frequently asked questions Not all forms are legally required, but the reporting channel behind them often is. The Work Health and Safety Act primary duty of care depends on workers being able to raise safety and psychosocial concerns. The Corporations Act Part 9.4AAA requires regulated entities to have a compliant whistleblower policy, which in practice requires a reporting channel. Notifiable incident reporting to state WHS regulators is mandatory for specified events. An incident reporting platform is the practical way most organisations meet these duties. Whistleblowing is a specific type of incident reporting, defined narrowly by legislation (Corporations Act, PID Act, Aged Care Act, and state PID Acts). It covers disclosures about misconduct or wrongdoing in the organisation. Incident reporting is broader: it covers safety events, grievances, and other concerns that may not meet the whistleblower definition but still need to be captured and addressed. A good platform handles both through the same intake and routes them differently behind the scenes. Incident reporting software is the intake channel, the way a worker tells the organisation something has happened. Case management software is the post-intake workflow: triage, investigation, evidence management, resolution, and close-out. Elker includes both because most organisations need them tightly integrated. For the case management side specifically, see our [case management software](/solutions/case-management-software) page. Yes. Anonymous intake is the default configuration. Reporters can choose to identify themselves if they want to, but they do not have to. Two-way anonymous messaging keeps the conversation open so investigators can ask for more detail without the reporter giving up anonymity. The fundamentals are the same, but the regulatory overlay varies. Aged care providers face incident reporting duties under the Serious Incident Response Scheme (SIRS) and the Aged Care Act 2024. Healthcare providers operate under state health-department frameworks and national safety standards. Government agencies are bound by the Public Interest Disclosure Act 2013 (Cth) or the relevant state PID Act. Elker is configurable per regime, so the same platform can serve a federal government agency, a listed company, and a residential aged care provider simultaneously. Our guide to [incident management in aged care](/articles/incident-management-system-aged-care) goes deeper on that sector. Yes. Elker serves New Zealand customers with a New Zealand-localised configuration that respects the Health and Safety at Work Act 2015 primary duty, the Protected Disclosures (Protection of Whistleblowers) Act 2022, and the NZ Privacy Act 2020. See the [New Zealand version of this page](/nz/solutions/incident-reporting-software) for the full NZ framing. Psychosocial hazards (bullying, harassment, high workload, low job control, and others) are now named in Australian WHS regulation. Elker's [psychosocial hazard management](/solutions/psychosocial-hazard-management) configuration routes psychosocial incidents to the WHS and People teams, attaches psychosocial-risk-assessment questions to intake, and surfaces patterns through de-identified analytics. It is a specialised workflow inside the same incident reporting platform. ## Who uses Elker? See how Elker is used in your industry. Building **trust and transparency** with Interested to find out more? See how Elker can help with compliance and build a culture of accountability and trust in your organisation. [Book a demo](/book-demo) [Get a quote →](/pricing) --- url: https://elker.com/solutions/psychosocial-hazard-management title: "Psychosocial Hazard Management With Anonymous Reporting" description: "Elker helps organisations identify psychosocial hazards before they cause harm, providing data-driven insights to protect worker wellbeing." locale: en-AU generated: 2026-07-01T14:05:46.810Z --- # Psychosocial hazard management: risk reduction with anonymous reporting Elker helps organisations identify psychosocial hazards before they cause harm, providing data-driven insights to protect worker wellbeing. ## Strengthen your risk management strategy 1 Enable anonymous reporting of psychosocial hazards, including bullying, harassment, and work-related stress 2 Identify patterns and trends in workplace psychosocial risks through comprehensive analytics 3 Implement targeted control measures and track their effectiveness in reducing psychological and physical harm ## How Elker works Watch the video below to see how Elker can manage psychosocial hazards ![Meet Elker video thumbnail](https://cdn.elker.com/meet-elker/thumbnail_bba26ec6.jpg?w=1080) Features ## Clear insights. Targeted initiatives for change. ### Anonymous reporting Elker provides employees with a truly anonymous space to speak up about concerns.  ![Elker's iOS and Android apps for anonymous reporting in the workplace](https://media.elker.com/c076908e-c597-4956-b3d7-5b1882a9d7d8/elker-ios-android-app.png?width=992) ### Efficient case management Transform reports into cases based on issue type and severity. Built-in audit trails and automations save hours in case management. ![Triage and case management tools](https://media.elker.com/08a86b1c-29ae-4c40-89e1-be4e989423ba/feature-case-management.png?width=992) ### Evaluation and culture surveys Understand your organisation's cultural health and evaluate how investigations are conducted. ![Product showcase: psychosocial hazards and risks identified](https://media.elker.com/3ddb8f50-32da-4f3e-a29a-e1a2d9b152c5/psychosocial-hazards-and-risks-static.png?width=992) ### Real-time analytics Turn workplace feedback into targeted, data-driven solutions through real-time analytics and reporting. ![Product showcase: Analytics and Trends Static](https://media.elker.com/1dfb2744-4ff8-47e8-a173-417a2374f6fd/analytics-and-trends-static.png?width=992) [View all features →](/features) ## Safeguard your data with the highest security standards - ISO 27001 certified - SOC2 attested - AES-256 encryption for data in transit and at rest - Regional data hosting to meet local data privacy requirements - Third-party security audits and penetration testing ![ISO 27001 Certified](https://media.elker.com/74edf326-f927-4feb-a180-31a49f65d64c/iso-27001-certified.svg)![SOC 2 Verified](https://media.elker.com/c39b77d4-a682-489b-8c92-e07bfbc4b5ad/soc-2-verified.svg) ![GDPR Certified](https://media.elker.com/5f1bdd7e-b5d7-4409-b80b-9c24ebafd34e/gdpr.png) ## Navigate Australia's regulatory landscape with confidence Elker helps organisations align workplace investigation programs with evolving legislation and standards. Corporations Act & Public Interest Disclosure Act Confidential reporting processes that protect whistleblowers and manage disclosures. Sex Discrimination Act Purpose-built workflows and policies aligned with positive duty obligations Data privacy requirements Strong access governance and security controls to safeguard sensitive information Work Health & Safety Act Structured issue identification and response to proactively address psychological hazards Aged Care Act (mid-2025) Intelligent workflows to streamline incident management and mandatory reporting ## Frequently asked questions Psychosocial hazards are factors in the design or management of work that increase the risk of work-related stress that can lead to psychological or physical harm. These hazards stem from various aspects of work, including how work is designed or managed, workplace conditions, equipment used, and interactions between individuals. Exposure to psychosocial hazards can negatively impact both physical and psychological health, potentially resulting in work-related stress, burnout, depression, anxiety disorders, post-traumatic stress disorder, and even physical injuries. Common psychosocial hazards include high job demands, low job control, poor support, and poor workplace relationships. Common psychosocial hazards that can lead to psychological or physical harm include: - **High and low job demands**: Excessive workloads, tight deadlines, emotionally demanding tasks, or, conversely, too little or monotonous work - **Low job control**: Limited autonomy or decision-making power in how work is performed - **Poor support**: Inadequate managerial or collegial support, insufficient training, or limited resources - **Poor organisational justice**: Unfair treatment, inconsistent application of policies, or biased decision-making - **Low recognition and reward**: Lack of positive feedback or appropriate recognition - **Poor workplace relationships**: Conflict, workplace bullying, harassment, or aggression - **Poor organisational change management**: Inadequate consultation during periods of change - **Low role clarity**: Unclear responsibilities or conflicting expectations - **Remote or isolated work**: Working in locations with limited access to support or communication - **Exposure to traumatic events**: Including workplace violence, aggression, bullying, harassment and traumatic incidents Child protection workers, emergency service personnel, and healthcare workers often face inherent psychosocial hazards due to the nature of their work. To effectively identify psychosocial hazards, consider implementing the following approaches: 1. **Conduct anonymous surveys**: Use validated tools like the People at Work survey to collect data about workers' experiences 2. **Review existing information**: Analyse incident reports, absenteeism patterns, staff turnover, and workers' compensation claims 3. **Observe workplace interactions**: Look for signs of conflict, poor communication, or unmanageable workloads 4. **Consult with workers**: Engage employees and health and safety representatives in discussions about workplace conditions 5. **Conduct risk assessments**: Systematically evaluate job demands, level of control, and support structures 6. **Monitor workplace relationships**: Assess the quality of interactions between colleagues, managers, and clients 7. **Consider the physical environment**: Identify physically hazardous environments or poor quality working conditions that may contribute to psychosocial risks By using multiple methods to identify psychosocial hazards, you can develop a more comprehensive understanding of the risks present in your workplace. Effective control measures for managing psychosocial risks should follow the hierarchy of controls, starting with elimination where possible: 1. **Eliminate the hazard**: Redesign work processes to remove the psychosocial hazard completely 2. **Substitute the hazard**: Replace high-risk tasks or situations with lower-risk alternatives 3. **Isolate the hazard**: Separate workers from the source of the hazard where appropriate 4. **Engineering controls**: Modify the physical work environment to reduce exposure to hazards 5. **Administrative controls**: Implement policies, procedures, and training programs 6. **Personal protective equipment**: While less effective for psychosocial hazards, sometimes relevant Specific control measures may include: - Adjusting workloads to ensure job demands are reasonable - Increasing worker control over how and when tasks are completed - Providing adequate resources and emotional support - Implementing clear policies on bullying, harassment, and workplace violence - Offering training for managers on supporting team mental health - Establishing clear communication channels during organisational change - Providing access to employee assistance programs - Implementing anonymous reporting systems for psychosocial hazards The most effective approach typically involves a combination of control measures tailored to the specific hazards identified. Job demands refer to the physical, mental, or emotional effort required to perform work tasks. Both excessive and insufficient job demands can contribute to psychosocial risks: **High job demands** may include: - Unrealistic workloads or deadlines - Extended working hours - Complex decision-making responsibilities - Emotionally demanding interactions with clients - Frequent exposure to traumatic events - Working in hazardous environments or with hazardous chemicals - Performing supervised tasks with limited autonomy **Low job demands** may include: - Monotonous or repetitive work - Underutilisation of skills - Lack of meaningful tasks - Insufficient challenges When job demands are consistently misaligned with a worker's capabilities, resources, or needs, the risk of work-related stress increases significantly. Appropriate job design should balance demands with sufficient control and support to prevent psychological or physical harm. Low job control occurs when workers have little autonomy or influence over aspects of their work, including how or when tasks are performed. This psychosocial hazard manifests in situations where: - Work is tightly managed or machine-paced - Employees have minimal input into decisions affecting their work - Workers cannot choose the order of tasks or when to take breaks - Jobs follow rigid procedures with little room for discretion - Workers have limited opportunities to use or develop their skills Low job control can lead to increased work-related stress, reduced job satisfaction, and poorer physical and psychological health outcomes. Research shows that combining low job control with high job demands creates a particularly hazardous work environment. Increasing worker control through participative decision-making, flexible work arrangements, and greater autonomy in task completion can serve as effective control measures for this psychosocial hazard. Poor workplace relationships represent a significant psychosocial hazard that can cause psychological harm. To address this hazard: 1. **Implement clear policies**: Develop and enforce policies addressing unreasonable behaviour, including bullying, harassment, and discrimination 2. **Promote respectful behaviour**: Set clear expectations for workplace interactions and model appropriate conduct 3. **Provide training**: Offer conflict resolution and communication skills training 4. **Establish reporting mechanisms**: Implement confidential, anonymous reporting systems that allow workers to raise concerns without fear of reprisal 5. **Address conflicts promptly**: Intervene early when relationship issues emerge 6. **Foster positive team dynamics**: Create opportunities for positive workplace interactions and team building 7. **Monitor human behaviour**: Be alert to signs of deteriorating relationships or group dynamics By actively managing workplace relationships, organisations can reduce the risk of psychological harm arising from interpersonal conflicts while promoting a culture that supports positive mental health and wellbeing. Anonymous reporting systems play a crucial role in managing psychosocial risks by: 1. **Encouraging disclosure**: Workers are more likely to report psychosocial hazards when they can do so confidentially 2. **Early identification**: Allows organisations to identify emerging risks before they cause significant harm 3. **Removing barriers**: Addresses fear of reprisal or stigma that might prevent reporting 4. **Capturing trends**: Provides data to identify patterns of psychosocial hazards across the organisation 5. **Supporting affected workers**: Offers a safe channel for workers experiencing psychological harm to seek support 6. **Measuring effectiveness**: Helps in reviewing control measures by tracking reporting patterns over time Implementing an anonymous reporting system demonstrates an organisation's commitment to psychological health and safety and complies with requirements under the code of practice to provide appropriate means for workers to report hazards and risks. The risk management process for psychosocial hazards follows a systematic approach: 1. **Identify psychosocial hazards**: Use surveys, workplace observations, and consultation with workers to identify hazards 2. **Assess the risks**: Evaluate the likelihood and potential severity of psychological or physical harm from each hazard 3. **Implement control measures**: Select and apply appropriate controls following the hierarchy of controls 4. **Monitor and review**: Evaluate the effectiveness of controls and adjust as needed This process should be: - Proactive rather than reactive - Conducted in consultation with workers and health and safety representatives - Documented appropriately - Regularly reviewed and updated A comprehensive risk management process helps organisations meet their health and safety obligations while systematically reducing the potential for work-related stress and associated harms. Exposure to traumatic events requires specific approaches within your psychosocial risk management framework: 1. **Preventative measures**: - Identify roles with higher exposure risk - Implement security measures where appropriate - Provide training on de-escalation techniques - Ensure adequate staffing for high-risk situations 2. **Immediate response**: - Establish clear procedures for responding to traumatic events - Provide immediate support to affected workers - Remove affected workers from continued exposure where possible - Report incidents appropriately 3. **Follow-up measures**: - Offer access to professional psychological support - Implement return-to-work plans as needed - Review the incident to identify preventative measures - Monitor affected workers for delayed responses Child protection workers, emergency services personnel, and healthcare workers may require specialised support due to their regular exposure to traumatic events. The risk management process should acknowledge the potentially cumulative impact of trauma exposure. Regularly reviewing control measures is a critical component of effective psychosocial risk management. Benefits include: 1. **Ensuring continued effectiveness**: Control measures may become less effective over time or as workplace conditions change 2. **Identifying new hazards**: Reviews may reveal emerging psychosocial risks not previously identified 3. **Refining approaches**: Feedback from workers can help improve control measures 4. **Demonstrating compliance**: Regular reviews provide evidence of ongoing commitment to health and safety obligations 5. **Preventing escalation**: Early identification of control failures prevents minor issues from becoming serious risks The code of practice recommends reviewing control measures periodically, after incidents occur, when work practices change, or when new information about psychosocial hazards becomes available. This ongoing attention helps organisations maintain a working environment that protects both physical and psychological health. Aggression, bullying and harassment represent serious psychosocial hazards that require specific control measures: 1. **Clear policies**: Develop comprehensive policies that define unacceptable behaviours and outline consequences 2. **Reporting mechanisms**: Implement accessible, anonymous reporting systems 3. **Training**: Provide education on recognising and responding to inappropriate behaviours 4. **Swift response**: Address reports promptly with fair investigation processes 5. **Support structures**: Offer support to those experiencing these behaviours 6. **Environmental design**: Consider physical workspace design to reduce aggression triggers 7. **Client management**: Implement specific protocols for managing aggressive clients When addressing these hazards, it's important to recognise that they can cause significant psychological harm and contribute to work-related stress. Control measures should aim to both prevent incidents and respond effectively when they occur. Building **trust and transparency** with Interested to find out more? See how Elker can help with compliance and build a culture of accountability and trust in your organisation. [Book a demo](/book-demo) [Get a quote →](/pricing) --- url: https://elker.com/solutions/speak-up-platform title: "Secure Speak-Up Platform to Empower Your Organisation" description: "Elker's secure speak-up system combines anonymous reporting with data analytics to help organisations manage risk and foster transparent, accountable cultures." locale: en-AU generated: 2026-07-01T14:05:46.870Z --- Solutions # A speak-up platform to empower your organisation Elker's secure speak-up system combines anonymous reporting with data analytics to help organisations manage risk and foster transparent, accountable cultures. ## Drive cultural transformation through early insights and action 1 Encourage employees to speak up about misconduct, safety issues, and improvement opportunities 2 Identify emerging risks and trends through real-time analytics and reporting 3 Translate employee feedback into targeted initiatives that enhance transparency, inclusion, and compliance Features ## A comprehensive speak-up solution Intelligent case management Automated report routing based on issue type and severity, built-in audit trails, and workflow automations Real-time cultural analytics Dashboards and insights to monitor risk indicators, report stats and program performance Enterprise-grade security End-to-end encryption to safeguard reporter confidentiality. Granular access controls and permissions to protect sensitive data. Flexible reporting pathways Customisable forms and workflows. Multiple input channels, including web and mobile apps. Anonymous two-way communication to facilitate dialogue and follow-up. ### Proactive issue identification Empower employees to report concerns early, enabling swift intervention before problems escalate. Elker's user-friendly interface and robust anonymity protection create a psychologically safe environment for speaking up. ![Product showcase: Group reporting](https://media.elker.com/508aa44d-a6f4-4395-aa9e-4caaca0fa774/group-reporting.png?width=992) ### Targeted, data-driven solutions Use analytics to identify patterns, assess program effectiveness, and pinpoint areas for training and policy enhancements. Elker turns raw reporting data into actionable insights to guide strategic cultural initiatives. ![Product showcase: psychosocial hazards and risks identified](https://media.elker.com/3ddb8f50-32da-4f3e-a29a-e1a2d9b152c5/psychosocial-hazards-and-risks-static.png?width=992) ### Seamless stakeholder coordination Streamline communication between reporters, case managers, HR, legal, and leadership teams. Automated notifications and role-based permissions keep all stakeholders aligned while maintaining confidentiality. ![Product showcase: Secure internal sharing and permissions settings ](https://media.elker.com/736c4c28-f615-4518-b174-4ac213034b69/product-features-secure-internal-sharing.png?width=992) [View all features →](/features) ## Enterprise-grade security and data protections - ISO 27001 certified - SOC2 attested - AES-256 encryption for data in transit and at rest - Regional data hosting to meet local data privacy requirements - Third-party security audits and penetration testing [Security page →](/security) ![ISO 27001 Certified](https://media.elker.com/74edf326-f927-4feb-a180-31a49f65d64c/iso-27001-certified.svg)![SOC 2 Verified](https://media.elker.com/c39b77d4-a682-489b-8c92-e07bfbc4b5ad/soc-2-verified.svg) ![GDPR Certified](https://media.elker.com/5f1bdd7e-b5d7-4409-b80b-9c24ebafd34e/gdpr.png) ## Navigate Australia's regulatory landscape with confidence Elker helps organisations align workplace investigation programs with evolving legislation and standards. Corporations Act & Public Interest Disclosure Act Confidential reporting processes that protect whistleblowers and manage disclosures. Sex Discrimination Act Purpose-built workflows and policies aligned with positive duty obligations Data privacy requirements Strong access governance and security controls to safeguard sensitive information Work Health & Safety Act Structured issue identification and response to proactively address psychological hazards Aged Care Act (mid-2025) Intelligent workflows to streamline incident management and mandatory reporting ## Frequently asked questions A speakup system is a secure, confidential tool for reporting misconduct, safety issues, and feedback. It goes beyond traditional whistleblowing to provide a comprehensive cultural diagnostic and transformation solution. Elker's platform combines accessible reporting mechanisms with intelligent case management, real-time analytics, and expert-guided program design to help organisations proactively identify and resolve issues. By empowering employee voice, the system enables companies to mitigate risks, demonstrate accountability, and cultivate a speak-up culture of trust and transparency. Elker's secure, confidential reporting system is designed to capture a wide spectrum of workplace concerns, including: - Misconduct and unethical behaviour such as harassment, discrimination, and retaliation - Illegal conduct, including fraud, bribery, and anti-competitive behaviour - Regulatory breaches and compliance incidents - Data privacy lapses and cybersecurity threats - Workplace safety hazards, including psychosocial hazards - Any observed or suspected wrongdoing that undermines organisational values Elker provides leadership with vital early warning signals by empowering employees to report safely and anonymously. An effective speak-up platform acts as a catalyst for positive cultural transformation by: - Empowering employees to voice concerns without fear of reprisal - Equipping leaders with early insight into emerging risks - Facilitating dialogue and collaborative problem-solving - Informing targeted policy, training, and relevant engagement initiatives - Signalling organisational commitment to integrity, inclusion, and continuous improvement Elker takes a holistic, data-driven approach to cultural change. Advanced analytics capabilities help uncover root causes behind workplace issues, while integrated action planning tools enable strategic follow-through. The platform also provides multimedia training content and program templates to embed speaking up into the cultural fabric. Building an effective speak-up culture requires organisational effort across several areas: **Leadership commitment:** Leaders must visibly champion the speak-up program, respond constructively to concerns, and protect those who raise issues. When senior management consistently reinforces speak-up messages and incorporates them into regular communications, employees receive a clear signal that speaking up is valued, not punished. **Trust:** Organisations build trust by ensuring confidentiality, preventing retaliation, and demonstrating that reports lead to meaningful action. As highlighted in research, employees often hesitate to report misconduct due to fear of retaliation or doubt that their concerns will be addressed. **Communication:** This includes incorporating speak-up messaging into your code of conduct, regular training programs, staff meetings, and internal communications. Effective organisations treat speak-up communications like any other internal campaign, using multiple channels to reinforce the message. **Transparency:** When employees see reports that lead to positive changes, they gain confidence in the system. Elker's platform provides anonymised metrics showing how issues were addressed, giving leadership the data needed to demonstrate the system's effectiveness. **Training at all levels:** This includes training for employees on how to report, for managers on how to receive concerns appropriately, and for investigators on conducting fair and thorough investigations. Without proper training, even well-intentioned speak-up initiatives can falter when concerns aren't handled properly. Elker is ISO 27001 certified, the internationally recognised standard for information security management. This certification, verified by independent auditors, confirms our comprehensive approach to protecting sensitive information throughout our operations. Our security framework is built on four core principles: **Zero-trust architecture:** We verify every access request regardless of source. Even if someone breaches one security layer, they still can't access sensitive data without proper authentication. **Defence-in-depth:** Rather than relying on a single security measure, we layer multiple controls throughout our systems. Each layer provides additional protection, making it increasingly difficult for threats to penetrate. **Privacy-by-design:** Privacy protection is integrated into every aspect of our system from initial design through development. This includes technical mechanisms to enforce reporter anonymity when requested. **Continuous improvement:** We regularly update security measures, conduct penetration testing, and implement new protections to stay ahead of evolving threats. **Technical data security measures include:** - AES-256 encryption for all data, both in transit and at rest - Support for Single Sign-On (SSO) using industry-standard protocols - Regular independent penetration testing - Role-based access controls (RBAC) govern all system access - Comprehensive cyber incident response planning - Secure development lifecycles with threat modeling and code reviews - SOC 2-certified hosting infrastructure A code of conduct serves as the foundation for any effective speak-up system. It clearly defines organisational values, expected behaviors, and prohibited actions, providing the essential framework that gives a speak-up system purpose and direction. Without a clear code of conduct, employees lack the necessary reference points to identify reportable misconduct. The code establishes standards against which potential issues can be evaluated, helping reporters determine when speaking up is appropriate and necessary. Elker assists organisations in developing and refining their code of conduct alongside the implementation of a speak-up system. Our team works with clients to: - **Align policy with reporting mechanisms:** We help ensure your code of conduct explicitly supports speak-up processes and integrates with reporting categories in your system. - **Develop clear, accessible language:** We assist in crafting code of conduct language that communicates expectations while remaining accessible to all employees. - **Create supporting policies:** Beyond the primary code, we help develop related policies around non-retaliation, investigation procedures, and case management that strengthen your speak-up culture. An effective reporting form balances completeness with accessibility. Based on our extensive experience implementing speak-up systems, we've identified several critical elements that make reporting forms effective: **Intuitive design and clear language:** Reporting forms should use straightforward, jargon-free language that guides users through the process. Complex or legalistic terminology creates barriers to reporting, particularly for sensitive issues like harassment or discrimination.  **Appropriate anonymity options:** Forms should clearly explain confidentiality options and allow reporters to choose their level of anonymity. This is especially important for human rights concerns where reporters may fear retaliation. **Structured yet flexible questioning:** Effective forms use smart logic to adapt questions based on the type of issue being reported. This ensures you collect the right information for each case type without overwhelming reporters with irrelevant questions. **Multi-channel accessibility:** Reports should be accessible through multiple channels to accommodate different situations and preferences. A reporter may not feel comfortable using a work computer to file a sensitive report. **Clear explanation of next steps:** The form should set appropriate expectations about what happens after submission, including timeframes, who will see the report, and how the reporter can track progress or provide additional information. **Data security assurances:** Forms should explicitly address how information will be protected, reinforcing trust in the system's security. Building **trust and transparency** with Interested to find out more? See how Elker can help with compliance and build a culture of accountability and trust in your organisation. [Book a demo](/book-demo) [Get a quote →](/pricing) --- url: https://elker.com/solutions/whistleblowing-hotline title: "Digital Whistleblowing Hotline | 24/7 Reporting Pathways" description: "Elker's digital whistleblowing hotline combines advanced security with expert support to help organisations detect and address workplace misconduct early." locale: en-AU generated: 2026-07-01T14:05:46.922Z --- # Transform your organisation with a secure whistleblowing hotline Empower your employees to speak up with confidence. Elker's digital whistleblowing hotline combines advanced security with expert support to help organisations detect and address workplace misconduct early. ## Why choose Elker's whistleblowing hotline? ### Enterprise-grade security ISO 27001 certified, we implement industry-leading encryption and rigorous security protocols to protect whistleblowers. ### Implementation expertise Our team brings extensive experience setting up effective whistleblowing hotlines across all industries. ### Ongoing support We provide comprehensive, long-term assistance to help you run a successful whistleblower hotline. ## Respond proactively with an early warning system Elker's digital whistleblowing hotline helps companies identify and resolve concerns before they escalate into serious issues or legal action. Intelligent case management Our platform streamlines the entire case-handling process through smart automation, from report triage and routing to documentation and audit trails. Data-driven insights Transform hotline data into strategic insights about misconduct trends and risks to drive proactive prevention and policy improvements. Whistleblower protections Multi-layered security safeguards whistleblower identities and report confidentiality at every step, from submission through investigation. ![Hero image: Corporate whistleblowing tool for prevention of misconduct and business integrity](https://media.elker.com/8366379d-02ad-4014-8584-23bf2bd38785/elker-page-break-image-4.png?width=992) ## Secure whistleblowing and public interest disclosures An effective whistleblower hotline program is essential for any organisation committed to detecting and preventing workplace misconduct. But not all hotlines are created equal. Many lack the advanced features, security and support needed for compliance and to protect whistleblowers. Elker's whistleblowing hotline solution combines best-practice information security with deep expertise in Australian whistleblowing laws and workplace investigations. We provide everything you need to get set up and operate an effective program that drives real cultural change. ## Uncompromising whistleblower protection Safeguarding those who speak up is our top priority. Our whistleblowing hotline is architected from the ground up to ensure end-to-end data protection without sacrificing usability or performance. ### Secure by design Each system component, from the reporting interface to the case management dashboard, incorporates multiple layers of security controls to protect sensitive whistleblowing data at every step. ### Enterprise-grade encryption All report data is encrypted using AES-256, both in transit and at rest, ensuring only authorised users can access whistleblowing information. ### Secure hosting We store all whistleblowing data exclusively in secure, SOC 2 and ISO 27001-certified data centres located in Australia, giving you confidence that your information remains protected by strict privacy regulations. ### Granular access management Our platform supports Single Sign-On (SSO) integration and granular Role-Based Access Controls (RBAC) to restrict whistleblowing data access to authorised personnel. ## Powerful case management tools Elker's whistleblowing hotline is equipped with a comprehensive suite of case management features to streamline the entire reporting lifecycle, from initial triage through investigation and resolution. ### Customisable report routing Configure rules to automatically route incoming reports to the appropriate case managers or teams based on factors like issue type, location, or severity. ![Product showcase: Feedback and suggestions](https://media.elker.com/2d20cb04-30d0-4d6a-a9ca-b46451e27281/feedback-and-suggestions-static.png?width=992) ### Collaborative investigation workspace Securely share whistleblowing report data, communicate with authorised stakeholders, and coordinate investigation activities - all within Elker's centralised case management hub. ![Product showcase: Performance and Conduct Static](https://media.elker.com/8b527d02-f12a-4ac7-8425-38b2ecae7f3e/performance-and-conduct-static.png?width=992) ### Configurable workflows Tailor your whistleblowing hotline processes to fit your organisation's unique needs, with support for custom data fields, report categories, user roles, notification rules, and more. ![Elker's iOS and Android apps for anonymous reporting in the workplace](https://media.elker.com/c076908e-c597-4956-b3d7-5b1882a9d7d8/elker-ios-android-app.png?width=992) ### Built-in best practices The system provides case managers with clear, context-specific guidance at each step of the whistleblowing process to facilitate efficient, compliant investigations and resolutions. ![Product showcase: Pre-vetted reporting templates](https://media.elker.com/de81ef71-bb75-430a-aaa8-b66814b583cc/pre-vetted-reporting-templates.png?width=992) [View all features →](/features) ## Proven results for leading Australian organisations 47% increase in employee willingness to report after Elker implementation 30% reduction in average investigation time through workflow automation 25% more whistleblowing reports actioned within 24 hours Elker combines industry expertise with comprehensive implementation support to deliver whistleblowing programs that go beyond compliance. From onboarding to analytics, Elker ensures a solution that protects your employees and strengthens your organisation's integrity. ## Navigate Australia's regulatory landscape with confidence Elker helps organisations align workplace investigation programs with evolving legislation and standards. Corporations Act & Public Interest Disclosure Act Confidential reporting processes that protect whistleblowers and manage disclosures. Sex Discrimination Act Purpose-built workflows and policies aligned with positive duty obligations Data privacy requirements Strong access governance and security controls to safeguard sensitive information Work Health & Safety Act Structured issue identification and response to proactively address psychological hazards Aged Care Act (mid-2025) Intelligent workflows to streamline incident management and mandatory reporting ## Enterprise-grade security and data protections - ISO 27001 certified - SOC2 attested - AES-256 encryption for data in transit and at rest - Regional data hosting to meet local data privacy requirements - Third-party security audits and penetration testing [Security page →](/security) ![ISO 27001 Certified](https://media.elker.com/74edf326-f927-4feb-a180-31a49f65d64c/iso-27001-certified.svg)![SOC 2 Verified](https://media.elker.com/c39b77d4-a682-489b-8c92-e07bfbc4b5ad/soc-2-verified.svg) ![GDPR Certified](https://media.elker.com/5f1bdd7e-b5d7-4409-b80b-9c24ebafd34e/gdpr.png) ## Frequently asked questions A whistleblowing hotline is a secure channel for employees to report workplace misconduct, fraud, harassment, safety and environmental issues, and other ethical concerns. Digital whistleblowing hotlines like Elker provide multiple reporting options, advanced case management tools, and expert support to help organisations manage disclosures safely and compliantly. Elker offers support and industry expertise to help you develop a successful whistleblowing program. Our services include: - Consultation on setup and configuration, including intake methods, report categories, and workflows - Customisable, best-practice policy templates - Role-specific training for managers, report recipients, and investigators on compliant hotline management - Ongoing advisory services to help you interpret and comply with evolving whistleblowing regulations - Case management tools that streamline report handling, improve collaboration and generate audit-ready documentation - Advanced analytics and benchmarking to help you track program performance and mitigate risks Large companies and government agencies in Australia have whistleblowing obligations under laws like the Corporations Act, Taxation Administration Act, and public-sector legislation like the Public Interest Disclosure Act. Elker's advisory team can help you determine which national laws and whistleblower protections your hotline needs to comply with based on your industry and jurisdiction. Elker makes it easy for employees to speak up while streamlining report management for your business. With intelligent workflows and data analytics, our hotline enables you to detect and prevent misconduct proactively. You'll also benefit from expert guidance to implement a successful and compliant program. Elker's digital whistleblowing hotline allows employees to confidentially report a wide range of workplace misconduct, including but not limited to: - Fraud, bribery and financial improprieties - Harassment, discrimination and bullying - Workplace health and safety breaches - Data privacy violations and cybersecurity concerns - Legal and regulatory non-compliance - Unethical conduct and breaches of company policies By providing a secure, independent channel for reporting wrongdoing, Elker empowers your employees to speak up and play an active role in maintaining an ethical, compliant workplace. Protecting whistleblower identities is a core capability of Elker's system. Our digital hotline allows employees to remain anonymous, without fear of retaliation or detrimental conduct. The platform helps organisations comply with confidentiality requirements in whistleblower laws. **Core safeguards include:** - Secure, encrypted submission form and 2-way chat that does not collect identifying data - Option to remain completely anonymous throughout the reporting and investigation process - Strict access controls that restrict the visibility of report details to authorised personnel only - Compliance with data privacy regulations and whistleblower protection laws Elker's security-first architecture and governance features ensure employees can trust our hotline service to protect their confidentiality when reporting sensitive concerns. Visit our Security page for further information. Whistleblowing legislation varies by country and industry, but some key laws and standards to be aware of include: - Australia: Corporations Act, Public Interest Disclosure Act, Treasury Laws Amendment (Enhancing Whistleblower Protections) Act, and ASIC Regulatory Guide 270 - United States: Sarbanes-Oxley Act, Dodd-Frank Act, and SEC Office of the Whistleblower program - EU countries: EU Whistleblower Protection Directive (Directive 2019/1937) - United Kingdom: Public Interest Disclosure Act (PIDA) Specific sectors, such as financial services and government, may have additional regulatory requirements. Elker stays current with the latest whistleblowing laws across the globe to help you implement a hotline program that meets your unique compliance obligations. Implementing an effective whistleblowing system requires careful planning and execution. Some key best practices include: 1. Develop clear policies: Establish a comprehensive whistleblowing policy that defines reportable issues, investigation procedures, confidentiality protections, and anti-retaliation measures. Elker provides customisable policy templates to simplify this process. 2. Raise awareness: Communicate the existence and purpose of your whistleblowing hotline to all employees, managers, and senior people. Use multiple channels like email, intranet, posters, and town halls to spread the word and encourage usage. 3. Provide training: Educate employees on how to identify and report misconduct through your digital hotline. Train designated personnel on how to receive, investigate, and resolve whistleblowing reports appropriately. Elker offers comprehensive eLearning and in-person training options. 4. Monitor and measure: Regularly review key metrics like reporting volume, case closure times, and substantiation rates to gauge the effectiveness of your hotline program. Elker's analytics dashboard provides real-time insights to help you spot trends and drive continuous improvement. By following these practices and partnering with an experienced whistleblowing service provider like Elker, you can implement a hotline that detects and deters unethical conduct. An effective whistleblowing system offers multiple advantages for organisations of all sizes and industries. Key benefits include: - **Early risk detection:** Whistleblowing hotlines enable employees to report potential misconduct, fraud, safety hazards, and other risks at the earliest stages, allowing your company to investigate and mitigate issues before they escalate. - **Improved legal compliance:** Meeting whistleblowing obligations under the Corporations Act, Sarbanes-Oxley, and other national laws helps your organisation avoid costly penalties and maintain good standing with regulators. - **Reduced financial losses:** The Association of Certified Fraud Examiners estimates that companies with hotlines detect fraud 33% faster and experience 50% smaller losses per case than those without reporting channels. - **Stronger ethical culture:** Providing a safe, accessible avenue for employees to speak up about wrongdoing sends a powerful message that your organisation prioritises integrity, accountability, and transparency. Reputational protection: Proactively identifying and addressing misconduct through a whistleblowing hotline helps preserve stakeholder trust and mitigate the risk of public scandal. ## Who uses Elker? Elker is recognised as a trusted solution across all industries. Building **trust and transparency** with Interested to find out more? See how Elker can help with compliance and build a culture of accountability and trust in your organisation. [Book a demo](/book-demo) [Get a quote →](/pricing) --- url: https://elker.com/solutions/whistleblowing-platform title: "Speak Safely With Elker’s Whistleblowing Platform" description: "Identify and prevent misconduct. Elker transforms whistleblowing from a reactive to a proactive process to mitigate risk and enhance ethical culture." locale: en-AU generated: 2026-07-01T14:05:46.974Z --- # Speak Safely With Elker’s Whistleblowing Platform Identify and prevent misconduct. Elker transforms whistleblowing from a reactive to a proactive process to mitigate risk and enhance ethical workplace culture. ## How the Elker platform works Secure intake Safeguard the identity of whistleblowers with an accessible, anonymous channel to speak up safely Intelligent handling Streamline issue management from report to resolution with intelligent routing, automations and collaborative tools Actionable insights Leverage real-time analytics to identify and address emerging risks and measure program effectiveness ## The leading platform for whistleblower disclosures ![Secure & accessible reporting with Elker](https://media.elker.com/c076908e-c597-4956-b3d7-5b1882a9d7d8/elker-ios-android-app.png) ![Intelligent case management with Elker](https://media.elker.com/08a86b1c-29ae-4c40-89e1-be4e989423ba/feature-case-management.png) ![Realtime data analytics with Elker](https://media.elker.com/1dfb2744-4ff8-47e8-a173-417a2374f6fd/analytics-and-trends-static.png) ![Expert guidance and support with Elker](https://media.elker.com/8b527d02-f12a-4ac7-8425-38b2ecae7f3e/performance-and-conduct-static.png) Secure & accessible reporting Elker enables employees to safely report concerns anytime, anywhere through encrypted web, iOS, and Android apps with customisable forms and workflows. Intelligent case management Centralise investigations in Elker's powerful case hub, featuring built-in collaboration tools, granular permissions, and audit-ready documentation. Realtime data analytics Transform your reporting data into a proactive risk management asset with Elker's real-time dashboards, intuitive visualisation tools, and benchmarking capabilities. Expert guidance and support From system setup to ongoing optimisation, Elker's advisory team provides comprehensive support, training, and strategic guidance to ensure program success. ## Safeguarding sensitive reporting data - ISO 27001 certified - SOC2 attested - AES-256 encryption for data in transit and at rest - Regional data hosting to meet local data privacy requirements - Third-party security audits and penetration testing [Security page →](/security) ![ISO 27001 Certified](https://media.elker.com/74edf326-f927-4feb-a180-31a49f65d64c/iso-27001-certified.svg)![SOC 2 Verified](https://media.elker.com/c39b77d4-a682-489b-8c92-e07bfbc4b5ad/soc-2-verified.svg) ![GDPR Certified](https://media.elker.com/5f1bdd7e-b5d7-4409-b80b-9c24ebafd34e/gdpr.png) ## Navigate Australia's regulatory landscape with confidence Elker helps organisations align workplace investigation programs with evolving legislation and standards. Corporations Act & Public Interest Disclosure Act Confidential reporting processes that protect whistleblowers and manage disclosures. Sex Discrimination Act Purpose-built workflows and policies aligned with positive duty obligations Data privacy requirements Strong access governance and security controls to safeguard sensitive information Work Health & Safety Act Structured issue identification and response to proactively address psychological hazards Aged Care Act (mid-2025) Intelligent workflows to streamline incident management and mandatory reporting ![Hero image: Ethics hotline for prevention of misconduct and business integrity](https://media.elker.com/0df11255-4a97-4bb7-920f-42792a346a76/elker-page-break-image-3.png?width=992) ## Conduct internal investigations with integrity Elker is an advanced whistleblowing platform built to protect those who speak up. Elker equips organisations with the tools needed to manage disclosures, investigate concerns, and safeguard the integrity of reports. With anonymous pathways, intelligent case management tools, and real-time analytics, our platform enables efficient, compliant issue resolution. Elker is more than just software. Our team brings decades of experience in developing whistleblowing programs that meet the unique needs of New Zealand businesses. We provide comprehensive support and strategic guidance to help you mitigate risks, navigate regulatory requirements and drive meaningful change. ## See Elker in action ## Frequently Asked Questions A whistleblowing platform is a secure communication and case management system that allows employees and other stakeholders to report suspected misconduct, breaches, or concerns without fear of retaliation. Whistleblowing software provides accessible reporting channels, case management tools, and data protection measures to facilitate effective issue resolution and compliance with relevant whistleblower protection laws. Whistleblowing can encompass a range of reports about suspected wrongdoing, unethical conduct, or dangerous practices. Some common examples include: - Fraud, bribery or other financial crimes - Harassment, discrimination, or workplace bullying - Violations of health and safety regulations - Data privacy breaches or improper handling of confidential information - Environmental hazards or sustainability issues - Conflicts of interest, nepotism, or other abuses of power - Retaliation against employees who raise concerns When evaluating whistleblowing software, you should consider: - **Accessibility:** Multiple, user-friendly reporting channels (e.g., web, mobile app, hotline) that cater to different communication preferences - **Security:** Strong data encryption, access controls, and privacy safeguards to protect whistleblower identities and prevent unauthorised disclosures - **Anonymity:** Option for whistleblowers to remain anonymous or limit identity disclosure - **Case management features:** Centralised tools for efficiently receiving, investigating, and resolving reports, including features like real-time collaboration, task assignment, and audit trails - **Compliance alignment:** Built-in policy templates, workflows, and reporting functionality to comply with relevant whistleblowing laws and regulations, such as the Corporations Act - **Customisation:** Ability to tailor forms, workflows, data fields, and access rules to the unique needs and risk profile of the organisation - **Analytics and reporting:** Dashboard and data analysis tools to track key performance indicators, identify trends, and measure program health over time - **Expert support:** Access to subject matter experts for guidance on regulatory requirements, best practices, implementation, and cultural change management Ultimately, good whistleblowing software should protect whistleblowers and equip organisations to respond effectively. Protecting whistleblowers is at the core of Elker. Our platform incorporates multiple layers of security to safeguard the identities and data of those who report concerns: - **Encryption:** All data is encrypted in transit and at rest using industry-standard protocols, ensuring that sensitive information cannot be intercepted or accessed by unauthorised parties. - **Secure hosting:** Elker is ISO 27001 certified and hosted on ISO 27001 and SOC 2-certified infrastructure, adhering to the strictest standards for data protection, privacy, and availability. - **Granular access controls:** Our platform provides customisable user roles and permissions to limit access to sensitive whistleblowing data. All system activity is logged for auditing purposes. - **Anonymous reporting:** Whistleblowers can choose to submit reports completely anonymously, without providing any identifying information. Our system never collects IP addresses or other metadata that could compromise anonymity. In addition to these technical safeguards, our team of experts can help organisations develop policies and best practices from initial intake through investigation and resolution. A successful whistleblowing system is a critical component of an organisation's risk management framework. By providing a confidential, accessible channel for employees and stakeholders to report concerns, companies can proactively identify and address misconduct before it escalates into legal action, financial losses, or reputational damage. Some key benefits of a robust whistleblowing program include: - **Early detection:** Empowering employees to speak up enables organisations to uncover potential fraud, harassment, safety hazards, or other risks at the earliest stages when they are easier and less costly to remediate. - **Reduced liability:** Promptly investigating and resolving reported issues can help mitigate the risk of regulatory penalties, lawsuits, and other legal liabilities. - **Improved compliance:** A well-implemented whistleblowing system demonstrates a commitment to ethical conduct and good governance, enhancing the organisation's standing with regulators, investors, and the public. - **Stronger culture:** Encouraging openness and accountability through a speak-up program can foster a more positive, transparent workplace culture that attracts and retains talent. - **Reputation and resilience:** By proactively addressing concerns, it positions the organisation to respond effectively to any negative publicity, minimising lasting reputational harm. Elker's comprehensive whistleblowing solution is designed to help organisations realise these benefits through a combination of advanced technology, regulatory expertise, and change management support. Our secure platform enables companies to build a robust speak-up process that detects risks, demonstrates integrity, and protects corporate reputation. ## Who uses Elker? See how Elker is used in your industry. Building **trust and transparency** with Interested to find out more? See how Elker can help with compliance and build a culture of accountability and trust in your organisation. [Book a demo](/book-demo) [Get a quote →](/pricing) --- url: https://elker.com/solutions/workplace-investigation-software title: "Secure Workplace Investigation Software | New Zealand" description: "Streamline workplace investigations with Elker's secure, comprehensive software. Protect whistleblowers, ensure compliance, and drive cultural change." locale: en-AU generated: 2026-07-01T14:05:47.019Z --- # Secure workplace investigation software Elker streamlines anonymous workplace reporting and investigation processes to drive meaningful cultural change. ## Transforming workplace investigations ### Holistic case management Access all reports and processes in a central location, from anonymous reporting to resolution. ### Cultural intelligence Identify trends and risks proactively through advanced analytics to address root causes and inform strategic interventions. ### Expert guidance Access Elker's 20+ years of experience in dispute systems design to guide policy creation, communication, workflow customisation and training. Key features ## From report to resolution ![Anonymous reporting with Elker](https://media.elker.com/5cfeaa8c-2d96-4272-b445-14aa107c5311/speak-up-static.png) ![Intelligent workflows with Elker](https://media.elker.com/08a86b1c-29ae-4c40-89e1-be4e989423ba/feature-case-management.png) ![Actionable insights with Elker](https://media.elker.com/3ddb8f50-32da-4f3e-a29a-e1a2d9b152c5/psychosocial-hazards-and-risks-static.png) ![Expert collaboration with Elker](https://media.elker.com/8b527d02-f12a-4ac7-8425-38b2ecae7f3e/performance-and-conduct-static.png) ![Seamless integrations with Elker](https://media.elker.com/63c7a307-ca49-4004-ac84-7220d1d80f77/features-analytics.png) Anonymous reporting Protect whistleblowers with secure, confidential reporting channels and identity safeguards Intelligent workflows Streamline case management with customisable forms, automatic routing, and built-in communication tools. Actionable insights Transform incident data into cultural intelligence to monitor key risk indicators and measure program impact. Expert collaboration Engage authorised legal counsel and external partners securely within the platform for efficient case coordination. Seamless integrations Connect with EAP and other HR systems for holistic employee support and efficient data management. ## See how Elker works ## Why choose Elker for your workplace investigation software ### Domain expertise Access Elker's unmatched domain expertise, policy templates, training, and guidance to ensure program effectiveness. ### Measurable cultural transformation We partner closely with you to drive meaningful change in your organisation, backed by data. ### Regulatory alignment Our solutions adapt to Australia's unique regulatory requirements to help you stay compliant. ### Advanced insights Identify hidden risks and track key cultural metrics through sophisticated data analytics. ![Hero image: Whistleblowing system for business transparency and integrity](https://media.elker.com/0db7732a-321a-4755-a319-b94bdfdd9049/elker-page-break-image-2.png?width=992) ## Conduct internal investigations with integrity Elker is the leading workplace investigations tool, designed to help organisations resolve issues efficiently and drive cultural transformation. Elker allows teams to manage the full investigation lifecycle in a secure, centralised platform that streamlines processes and reduces manual effort. With over 20 years of experience in dispute resolution, Elker guides policy development, training, and ongoing optimisation. Our proven approach ensures long-term success in fostering a speak-up culture, mitigating risk, and cultivating a safer, more resilient workplace. ## Enterprise security and data privacy controls - ISO 27001 certified - SOC2 attested - AES-256 encryption for data in transit and at rest - Regional data hosting to meet local data privacy requirements - Third-party security audits and penetration testing [Security page →](/security) ![ISO 27001 Certified](https://media.elker.com/74edf326-f927-4feb-a180-31a49f65d64c/iso-27001-certified.svg)![SOC 2 Verified](https://media.elker.com/c39b77d4-a682-489b-8c92-e07bfbc4b5ad/soc-2-verified.svg) ![GDPR Certified](https://media.elker.com/5f1bdd7e-b5d7-4409-b80b-9c24ebafd34e/gdpr.png) ## Navigate Australia's regulatory landscape with confidence Elker helps organisations align workplace investigation programs with evolving legislation and standards. Corporations Act & Public Interest Disclosure Act Confidential reporting processes that protect whistleblowers and manage disclosures. Sex Discrimination Act Purpose-built workflows and policies aligned with positive duty obligations Data privacy requirements Strong access governance and security controls to safeguard sensitive information Work Health & Safety Act Structured issue identification and response to proactively address psychological hazards Aged Care Act (mid-2025) Intelligent workflows to streamline incident management and mandatory reporting ## Who uses Elker? Find out how Elker supports your industry. Building **trust and transparency** with Interested to find out more? See how Elker can help with compliance and build a culture of accountability and trust in your organisation. [Book a demo](/book-demo) [Get a quote →](/pricing) --- url: https://elker.com/use-cases/aged-care-disability-services title: "Incident Management System for Aged Care Providers" description: "Incident reporting for aged care and disability providers. SIRS-aligned and NDIS-compliant case management built for the Aged Care Act 2024 and NDIS QSC." locale: en-AU generated: 2026-07-01T14:05:47.086Z --- Aged care & disability # Improve the quality of aged care & disability support with anonymous reporting Elker streamlines your complaints process, provides trauma-informed case management and keeps your organisation compliant through best practices. ![Product showcase: psychosocial hazards and risks identified](https://media.elker.com/3ddb8f50-32da-4f3e-a29a-e1a2d9b152c5/psychosocial-hazards-and-risks-static.png?width=992) 1 July July Planned commencement of the new Aged Care Act 5718 Allegations The number of allegations of assault in residential aged care services in 2019 1/3 People accessing residential aged care have experienced substandard care ![Elker assists the aged care and disability support sector with safer services and trauma-informed case management](https://media.elker.com/2d426ca3-5de4-471e-b16a-758bc4d4cd2c/hero-image-aged-care-disability-support-nz.png?width=992) ## Reduce barriers to reporting incidents Various barriers discourage residents, families, and staff from speaking up. Elker’s anonymous reporting platform is designed to address these barriers, fostering a culture of transparency and trust within aged care facilities. The new Aged Care Act, planned to commence on 1 July 2025, will broaden whistleblower protections and allow a wider range of individuals to make disclosures. This includes aged care workers, responsible persons of registered providers, recipients of aged care services, their carers, and advocates. The new Act also permits anonymous complaints, providing an added layer of protection for those who may fear retribution. The proposed changes aim to empower individuals to report on an incident response system (IRS) without fear of repercussions, which is crucial for safeguarding older people in funded aged care services. By making it easier for people to speak up, the new Act will help to create a safer and more transparent environment for residents. Elker's anonymous reporting platform is designed to support the new Aged Care Act's whistleblower protections. Our platform ensures that reports can be submitted anonymously or confidentially and adheres to strict security standards. This ensures that the whistleblower's identity remains protected, encouraging more individuals to come forward without fear of retribution. Features ## Tools to speak up safely Elker helps detect and respond to issues early through secure, anonymous reporting, efficient case handling tools and real-time analytics dashboards. ### Anonymous reporting Elker ensures a confidential environment where residents, families, and staff can report incidents without fear of reprisal. Report as an individual or with a group, select the best reporting pathway for your incident, and report anonymously or with your identity. ![Product showcase: anonymous public interest disclosures](https://media.elker.com/80880c04-1ed6-44a7-96e4-05f8c5049b39/public-interest-disclosures-static.png?width=992) ### Expert guidance Customisable pathways guide older people and people with disabilities in navigating the incident reporting process easily. ![Product showcase: Case management evidence attachment](https://media.elker.com/a5a7f743-330e-44d6-ba1d-77c33bf2155c/case-management-analytics-static.png?width=992) ### Efficient case management Elker streamlines the process of handling reports from initial intake to resolution, ensuring that incidents are addressed promptly and cases comprise a clear audit trail. ![Product showcase: Workplace health and safety incident management](https://media.elker.com/a91e54f0-3e90-4269-88b2-c9f30a5eb6d8/workplace-health-and-safety-and-incident-static.png?width=992) ### Real-time analytics Gain instant insights into the types and frequency of reported incidents, allowing service providers to identify trends and implement targeted interventions to address issues. ![Product showcase: Workplace health and safety incident management](https://media.elker.com/a91e54f0-3e90-4269-88b2-c9f30a5eb6d8/workplace-health-and-safety-and-incident-static.png?width=992) ### Trauma-informed response templates Create templates to respond safely, provide trauma-informed support and help students stay anonymous. ![Product showcase: Pre-vetted reporting templates](https://media.elker.com/de81ef71-bb75-430a-aaa8-b66814b583cc/pre-vetted-reporting-templates.png?width=992) ### Post-incident evaluation surveys Use survey data to implement responsive actions, ensuring that the aged care and disability support provider's approach to handling incidents evolves based on feedback and insights from the community. ![Product showcase: Reporter experience surveys](https://media.elker.com/3210b8db-7e52-4351-8bfd-0860cdcb76a7/reporter-experience-survey.png?width=992) [View all features →](/features) ## Ensuring compliance with Elker Elker ensures compliance coverage and genuine cultural change by providing the tools to understand your organisation and its risks. New Aged Care Act Ensure residents, carers, families and the community are protected when speaking up. Sex Discrimination Act 1984 Meet the [positive duty](https://elker.com/articles/7-standards-positive-duty-sex-discrimination-act) requirements with tools to proactively eliminate sexual harassment in the workplace. Workplace Health and Safety Act 2011 Detect and respond to psychosocial and physical risks. Fair Work Act 2009 Track safety breaches and protect against discrimination in the workplace. ## Enterprise data security and privacy protections - ISO 27001 certified - SOC2 attested - AES-256 encryption for data in transit and at rest - Regional data hosting to meet local data privacy requirements - Third-party security audits and penetration testing ![ISO 27001 Certified](https://media.elker.com/74edf326-f927-4feb-a180-31a49f65d64c/iso-27001-certified.svg)![SOC 2 Verified](https://media.elker.com/c39b77d4-a682-489b-8c92-e07bfbc4b5ad/soc-2-verified.svg) ![GDPR Certified](https://media.elker.com/5f1bdd7e-b5d7-4409-b80b-9c24ebafd34e/gdpr.png) Building **trust and transparency** with Interested to find out more? See how Elker can help with compliance and build a culture of accountability and trust in your organisation. [Book a demo](/book-demo) [Get a quote →](/pricing) --- url: https://elker.com/use-cases/businesses title: "Anonymous Reporting Platform for Australian Businesses" description: "Speak-up platform for Australian businesses. Meet positive duty obligations with Elker's confidential reporting system. Trusted by leading organisations." locale: en-AU generated: 2026-07-01T14:05:47.128Z --- Businesses # Lead in safety and compliance with anonymous reporting tools Address misconduct, sexual harassment and discrimination in the workplace with secure reporting, comprehensive case management, pulse surveys and analytics. Features ## Secure reporting. Clear insights. Safer workplaces. Elker does more than just anonymous reporting. Our platform is equipped with pulse surveys, analytics and secure case management tools that facilitate the early detection of issues in your business. ### Anonymous reporting Detect and resolve workplace issues securely. Elker features a truly anonymous environment for employees to report issues such as misconduct, harassment, discrimination and fraud. ![Product showcase: Speak-up reporting system disclosure intake](https://media.elker.com/5cfeaa8c-2d96-4272-b445-14aa107c5311/speak-up-static.png?width=992) ### Case management Comprehensive triage and case management tools transition reports into trackable cases with a clear audit trail. Efficient tools and automations save your team hours on categorisation, alerts and sharing. ![Product showcase: Performance and Conduct Static](https://media.elker.com/8b527d02-f12a-4ac7-8425-38b2ecae7f3e/performance-and-conduct-static.png?width=992) ### Secure case sharing Collaborate seamlessly and securely with legal counsel and third-party professionals. Ensure that data remains confidential from report to resolution. ![Product showcase: Connect third-party counsel and advisors to anonymous reports securely](https://media.elker.com/e35806a2-80c1-4d2c-8ed4-769216e8d7da/product-features-secure-third-party-connect.png?width=992) ### Trends and analytics Access comprehensive insights into workplace trends, highlighting areas needing intervention. Enhance decision-making and promote a proactive approach to risk management. ![Product showcase: Analytics and Trends Static](https://media.elker.com/1dfb2744-4ff8-47e8-a173-417a2374f6fd/analytics-and-trends-static.png?width=992) ### Pulse surveys Capture the sentiment of your organisation and understand areas that need attention. Use insights to drive informed initiatives for workplace change. ![Pulse surveys: product showcase](https://media.elker.com/6149493a-99fd-475a-82fd-2f87ff757720/product-feature-pulse-surveys.png?width=992) [View all features →](/features) ## Maintain the highest standards of data security - ISO 27001 certified - SOC2 attested - AES-256 encryption for data in transit and at rest - Regional data hosting to meet local data privacy requirements - Third-party security audits and penetration testing [Security page →](/security) ![ISO 27001 Certified](https://media.elker.com/74edf326-f927-4feb-a180-31a49f65d64c/iso-27001-certified.svg)![SOC 2 Verified](https://media.elker.com/c39b77d4-a682-489b-8c92-e07bfbc4b5ad/soc-2-verified.svg) ![GDPR Certified](https://media.elker.com/5f1bdd7e-b5d7-4409-b80b-9c24ebafd34e/gdpr.png) ## Ensuring compliance with Elker Elker simplifies compliance for Australian businesses, addressing key legislations and reforms in one platform. In fact, we're the only platform that ensures alignment with all of the following Sex Discrimination Act 1984 Meet the [positive duty](/articles/7-standards-positive-duty-sex-discrimination-act) requirements with tools to proactively eliminate sexual harassment in the workplace. Workplace Health and Safety Act 2011 Detect and respond to psychosocial and physical risks. Corporations Act 2001 Investigate workplace whistleblowing disclosures while protecting reporter identities. Fair Work Act 2009 Track safety breaches and protect against discrimination in the workplace. ## What you don't know can hurt you 1.5x Annual salary The cost of replacing an employee 46% Businesses Reported experiencing economic crime in the past 24 months $2.6 Billion Lost in productivity connected to sexual harassment Without clear reporting systems, problems often remain hidden for years before becoming serious issues. The financial impact on companies is significant, from poor employee retention and productivity losses to costly litigation. ## Safeguarding your business' integrity and trust Non-compliance, [employee misconduct](/articles/dealing-with-workplace-misconduct) and [toxic workplaces](/articles/signs-of-a-toxic-workplace) can cost Australian businesses significantly. Beyond the immediate financial burden, they can lead to decreased employee retention, with talented individuals leaving for [more inclusive environments](/articles/respect-in-the-workplace). Litigation can be costly, consuming resources and damaging a company's reputation. This reputational harm can impact partnerships, customer trust, and market positioning. Elker offers a solution to these challenges. With its advanced [whistleblowing](/articles/what-is-whistleblowing), anonymous [reporting and feedback tools](/articles/anonymous-employee-feedback), Elker helps businesses detect and address workplace concerns early. This proactive approach ensures compliance with Respect at Work reforms and cultivates a [speak-up culture](/articles/speak-up-culture) where employees feel secure and valued. By integrating Elker, businesses are better positioned to manage the complexities of the modern workplace, maintaining a resilient, compliant, and thriving environment. ## Frequently asked questions Elker's reporting system ensures that a whistleblower's identity remains anonymous and technically untraceable. Our platform operates on ISO 27001 standards. Our servers do not store any data, such as IP addresses, device details, or location information, that could reveal the whistleblower's identity. Whistleblowers can choose whether they wish to remain anonymous or disclose personal details. Regardless of their choice, the report's content is transmitted using AES-256 encryption for data at rest and in transit. The introduction of the Respect at Work Bill (2022) has marked a pivotal change in the Australian workplace landscape. This legislation mandates employers to address and actively eliminate sex-based discrimination and harassment. The bill underscores a transition from merely addressing complaints to actively preventing them, placing a greater responsibility on employers to foster an environment free from discrimination and harassment. Organisations are now urged to be forward-thinking, identifying and evaluating risks associated with misconduct, promoting equality and ensuring the overall well-being of employees. While smaller businesses might rely on free resources and regular communication of policies, larger entities are expected to adopt advanced strategies, including HR analytics, anonymous employee surveys, and whistleblowing software. Though the bill doesn't dictate the use of a whistleblowing system, such tools stand out as essential in this new landscape. They offer a proactive, transparent method, ensuring compliance and actively working towards eradicating workplace issues. Getting started with Elker is straightforward and hassle-free. Begin by booking a demo in our calendar, where we'll give you a comprehensive tour of the platform and our dedicated mobile app. We'll discuss your unique business structure and specific requirements during this introductory meeting. After understanding your needs, we'll promptly email you a custom price structure tailored to your business. Getting set up with Elker is easy and tailored to fit seamlessly into your operations. Every business is unique, and the right whistleblowing tool should align with factors like your organisation's size, operational nature, industry risks, and regulatory commitments. Elker is designed with adaptability, modularity and personalisation built into its design. We ensure our platform integrates seamlessly into your processes, offering a human-centric experience that stands out in the market.  While other software tools offer anonymous reporting features, Elker's uniqueness lies in its personalised approach. We're not just about providing a tool; we're about fostering an environment of trust and transparency. And if there's a feature you believe would enhance your experience with Elker, we're all ears. We're continuously innovating, adding new features, and integrating client feedback into our platform. So, if you have a specific need or a question, don't hesitate to get in touch. We're here to ensure Elker works for you just as you want it. Building **trust and transparency** with Interested to find out more? See how Elker can help with compliance and build a culture of accountability and trust in your organisation. [Book a demo](/book-demo) [Get a quote →](/pricing) --- url: https://elker.com/use-cases/government title: "Manage Public Interest Disclosures With Elker" description: "Public interest disclosure platform for Australian government agencies. PID Act 2013 case management with protections for officials and contractors." locale: en-AU generated: 2026-07-01T14:05:47.168Z --- Government # The leading platform for managing public interest disclosures Elker's secure whistleblowing and case management tools help government departments, agencies and bodies comply with the Public Interest Disclosure Act and protect the identity of those making disclosures.  Features ## Accountable governance through efficient reporting and case management ### Anonymous reporting Provide a safe and confidential channel for staff to report issues without fear of reprisal. Uncover issues early and implemented targeted actions. ![Product showcase: Whistleblowing tool for employees - encrypted chat ](https://media.elker.com/b5c1df90-5211-4592-ab28-4f87a0e36147/whistleblowing-static.png?width=992) ### Case management Create actionable cases with secure audit trails, automations and alerts. Export reports that ensure case confidentiality. ![Product showcase: Case management evidence attachment](https://media.elker.com/a5a7f743-330e-44d6-ba1d-77c33bf2155c/case-management-analytics-static.png?width=992) ### Real-time data analytics Gain immediate insights into trends and identify areas for improvement. Use analytics to inform policy-making and risk-management strategies. ![Product showcase: Analytics and Trends Static](https://media.elker.com/1dfb2744-4ff8-47e8-a173-417a2374f6fd/analytics-and-trends-static.png?width=992) ### Anonymity and data integrity Protect sensitive data in transit and at rest with encryption that meets government standards. Ensure data is stored according to legislative requirements, with servers located within the jurisdiction. ![Enterprise-grade security for whistleblower safety and protection of data](https://media.elker.com/e5eb3908-e86c-42bb-9e98-979d2c7aa2b9/features-security.png?width=992) [View all features →](/features) ![Hero image: Speak up system for employees to report issues in the workplace](https://media.elker.com/03c57db9-1267-4c5c-bb9a-530774801f29/elker-page-break-image-1.png?width=992) ## Fortifying integrity and public confidence Government departments, agencies and bodies across Australia face unique challenges in maintaining public sector trust and integrity.  Elker's anonymous reporting tools encourage staff to speak up about corruption, abuse of power, misconduct and maladministration without fear of their identity being compromised.  A proactive solution aids in the early identification of issues and fosters an environment of ethical practice. By integrating Elker, government departments, agencies and bodies demonstrate their commitment to integrity and service excellence. ## Maintain the highest data security standards - ISO 27001 certified - SOC2 attested - AES-256 encryption for data in transit and at rest - Regional data hosting to meet local data privacy requirements - Third-party security audits and penetration testing [Security page →](/security) ![ISO 27001 Certified](https://media.elker.com/74edf326-f927-4feb-a180-31a49f65d64c/iso-27001-certified.svg)![SOC 2 Verified](https://media.elker.com/c39b77d4-a682-489b-8c92-e07bfbc4b5ad/soc-2-verified.svg) ![GDPR Certified](https://media.elker.com/5f1bdd7e-b5d7-4409-b80b-9c24ebafd34e/gdpr.png) ## Ensuring compliance with Elker Elker streamlines the process of compliance and reporting for Australian government departments, with features that support adherence to public sector standards and laws, such as: Sex Discrimination Act 1984 Meet the [positive duty requirements](/articles/7-standards-positive-duty-sex-discrimination-act) with Elker's robust reporting and case management tools. Workplace Health and Safety regulations Prioritise psychosocial safety and address concerns proactively. Public Interest Disclosure Act 2013 Conduct thorough investigations into misconduct, rights violations and financial crime, upholding transparency and duty of care. ## Frequently asked questions Elker's [anonymous reporting](/articles/anonymous-reporting-advantages-disadvantages) system is ISO 27001 certified. Whistleblowers can choose whether they wish to remain anonymous or disclose personal details. When anonymity is selected, we ensure that a whistleblower's identity remains technically untraceable. Our servers do not store any data, such as IP addresses, device details, or location information, that could reveal the whistleblower's identity. All case information is encrypted at rest and in transit. Getting started with Elker is straightforward and hassle-free. Begin by booking a demo in our calendar, where we'll give you a comprehensive tour of the platform and our dedicated mobile app. We'll discuss your unique business structure and specific requirements during this introductory meeting. After understanding your needs, we'll promptly email you a custom price structure tailored to your business. Setting up with Elker is easy and tailored to fit seamlessly into your operations. Every government agency is unique, and the right whistleblowing tool should align with factors like your department's size and regulatory commitments. Elker is designed with adaptability, modularity and personalisation built into its design. We ensure our platform integrates seamlessly into your processes, offering a human-centric experience that stands out in the market. While other software tools offer anonymous reporting features, Elker's uniqueness lies in its personalised approach. We're not just about providing a tool; we're about fostering an environment of trust and transparency. And if there's a feature you believe would enhance your experience with Elker, we're all ears. We're continuously innovating, adding new features, and integrating client feedback into our platform. So, if you have a specific need or a question, don't hesitate to get in touch. We're here to ensure Elker works for you just as you want it. Building **trust and transparency** with Interested to find out more? See how Elker can help with compliance and build a culture of accountability and trust in your organisation. [Book a demo](/book-demo) [Get a quote →](/pricing) --- url: https://elker.com/use-cases/peak-bodies title: "Misconduct Reporting Tools for Peak Bodies | Elker" description: "Member reporting platform for peak bodies and industry associations. Confidential disclosure of misconduct and integrity concerns across members." locale: en-AU generated: 2026-07-01T14:05:47.204Z --- Peak bodies # Enhance accountability through anonymous reporting Elker equips peak bodies and associations with tools for receiving feedback and complaints. Empower your members and community to speak up about misconduct with anonymous reporting and comprehensive case management. ![Product showcase: Group reporting](https://media.elker.com/508aa44d-a6f4-4395-aa9e-4caaca0fa774/group-reporting.png?width=992) ## The importance of misconduct reporting in peak bodies 85% Organisations don't properly centralise data from feedback 75% Clients and members don't know where to take their reports, suggestions or feedback $10m Average cost of PR, legal and investigation costs where early detection of issues went unnoticed Elker's anonymous reporting platform provides a secure channel for members and the community to disclose misconduct, ensuring that issues are detected early and resolved promptly. Features ## Misconduct reporting tailored for peak bodies Anonymous reporting is essential for peak bodies, charities and associations fighting fraud, corruption, and sexual harassment. Elker excels as a preventive tool that detects internal issues early, helping organisations avoid costly legal disputes and protect their ethical integrity. ### Anonymous reporting Elker provides a confidential pathway for members and representatives to disclose misconduct, ensuring anonymity and safety. ![Product showcase: Whistleblowing tool for employees - encrypted chat ](https://media.elker.com/b5c1df90-5211-4592-ab28-4f87a0e36147/whistleblowing-static.png?width=992) ### Case management Streamline the process of managing reports, ensuring timely and appropriate responses to each case. Maintain detailed records and audit trails of each case, ensuring organisational transparency and accountability. ![Product showcase: Case management evidence attachment](https://media.elker.com/a5a7f743-330e-44d6-ba1d-77c33bf2155c/case-management-analytics-static.png?width=992) [View all features →](/features) ## Your partners in due diligence Elker ensures compliance coverage and genuine cultural change by providing the tools to understand your people and operational risks. Health and Safety at Work Act 2015 Provide avenues for receiving information regarding incidents, hazards and risks. Make anonymous reporting part of your process to eliminate or minimise risks to health and safety. Protected Disclosures (Protection of Whistleblowers) Act 2022 Protect disclosers who make a protected disclosure through secure reporting and case management tools. Provide effective internal procedures and clear pathways to disclose serious wrongdoing. Human Rights Act 1993 Protect whistleblowers who make a protected disclosure. Prevent sexual harassment from occurring with tools for the early detection of misconduct. ## Maintain the highest standards of data security - ISO 27001 certified - SOC2 attested - AES-256 encryption for data in transit and at rest - Regional data hosting to meet local data privacy requirements - Third-party security audits and penetration testing [Security page →](/security) ![ISO 27001 Certified](https://media.elker.com/74edf326-f927-4feb-a180-31a49f65d64c/iso-27001-certified.svg)![SOC 2 Verified](https://media.elker.com/c39b77d4-a682-489b-8c92-e07bfbc4b5ad/soc-2-verified.svg) ![GDPR Certified](https://media.elker.com/5f1bdd7e-b5d7-4409-b80b-9c24ebafd34e/gdpr.png) ## Frequently asked questions Elker's reporting system ensures that a whistleblower's identity remains anonymous and technically untraceable. Our platform operates on ISO 27001 standards. Our servers do not store any data, such as IP addresses, device details, or location information, that could reveal the whistleblower's identity. Whistleblowers can choose whether they wish to remain anonymous or disclose personal details. Regardless of their choice, the report's content is transmitted using AES-256 encryption for data at rest and in transit. Elker is a powerful tool for gathering anonymous feedback from members and enabling the confidential reporting of issues. This ensures that concerns are dealt with before they escalate into more significant problems. Elker's powerful analytics help identify trends across your membership base, providing insights to inform strategic decision-making efforts. Unlike other plug-and-play whistleblowing tools, Elker drives real transformation within your organisation and membership. Our team of experts works closely with you to implement customised reporting pathways that reflect your specific governance structures and member needs. With Elker, you're not just ticking compliance boxes – you're creating a culture of transparency and accountability that strengthens member trust and positions your organisation as a leader in ethical governance and member-focused service. Elker is designed with adaptability, modularity and personalisation built into its core. We recognise that every peak body has unique operational characteristics, industry considerations, and member relationships. Our team ensures the platform integrates seamlessly into your processes, adapting to your specific reporting pathways and case management needs.  If there's a feature you believe would enhance your experience with Elker, we're continuously innovating and integrating client feedback into our platform. Our goal is to provide more than just a reporting tool—we're committed to fostering an environment of trust and transparency that strengthens your relationship with members and stakeholders. Getting started with Elker is straightforward. Begin by [booking a demo](/book-demo) in our calendar, where we'll discuss your organisation's challenges, structure, governance model, and specific requirements. After understanding your needs, we will promptly email you a custom price structure tailored to your organisation. Building **trust and transparency** with Interested to find out more? See how Elker can help with compliance and build a culture of accountability and trust in your organisation. [Book a demo](/book-demo) [Get a quote →](/pricing) --- url: https://elker.com/use-cases/schools title: "Anonymous Reporting Tools for School Bullying and Misconduct" description: "Confidential student reporting tool for schools. Safe channels for reporting bullying, misconduct, and safety incidents. Designed for K-12 duty of care." locale: en-AU generated: 2026-07-01T14:05:47.253Z --- Schools # Transform your school's culture with anonymous reporting Elker equips schools with reporting and case management tools to protect students and staff. Safeguard your school's integrity while building a culture of safety and trust. ![Elker's iOS and Android apps for anonymous reporting in the workplace](https://media.elker.com/c076908e-c597-4956-b3d7-5b1882a9d7d8/elker-ios-android-app.png?width=992) 1 in 4 Students experience bullying in school 58% Teachers experience moderate to high stress 85% Bullying incidents are witness by peers By strengthening your incident reporting and management system, Elker helps uphold the integrity of the school, building trust and confidence among students, parents, and the broader community. ![Hero image: School reporting system for student and staff safety](https://media.elker.com/bae8cbb1-1b6a-4d4d-a71e-8698b5082141/hero-image-school-reporting.png?width=992) ## Reduce barriers to reporting incidents at school Elker empowers schools to address bullying and misconduct through accessible, anonymous reporting. Fear of reprisal and lack of trust prevent many students from speaking up about bullying and teacher misconduct. By removing barriers to reporting, Elker ensures that incidents are brought to the attention of school authorities promptly, allowing for timely intervention and resolution. ### Anonymous reporting Elker ensures an anonymous environment where students and staff can report incidents and provide [feedback](/nz/articles/anonymous-employee-feedback) securely. ![Product showcase: Speak-up reporting system disclosure intake](https://media.elker.com/5cfeaa8c-2d96-4272-b445-14aa107c5311/speak-up-static.png?width=992) ### Group reporting Students can report individually or with a group while remaining anonymous if they choose. ![Product showcase: Group reporting](https://media.elker.com/508aa44d-a6f4-4395-aa9e-4caaca0fa774/group-reporting.png?width=992) ### Custom fields and pathways Workflows can be tailored to suit the reading level of your youngest students. Reporting steps are fully customised to include simple multiple choice, image and text fields, providing accessible pathways to report. ![Triage and case management tools](https://media.elker.com/08a86b1c-29ae-4c40-89e1-be4e989423ba/feature-case-management.png?width=992) ### Trauma-informed response templates Create templates to respond safely, provide trauma-informed support and help students stay anonymous. ![Product showcase: Pre-vetted reporting templates](https://media.elker.com/de81ef71-bb75-430a-aaa8-b66814b583cc/pre-vetted-reporting-templates.png?width=992) ### Efficient case management tools Streamline the process of handling reports and save hours of manual work. Create automations, custom notifications and rules that facilitate efficient case handling. ![Triage and case management tools](https://media.elker.com/08a86b1c-29ae-4c40-89e1-be4e989423ba/feature-case-management.png?width=992) ### Real-time analytics Gain instant insights into the types and frequency of reported incidents and implement targeted interventions to address emerging issues. ![Product showcase: Analytics and Trends Static](https://media.elker.com/1dfb2744-4ff8-47e8-a173-417a2374f6fd/analytics-and-trends-static.png?width=992) [View all features →](/features) ## See how Elker works ## Maintain the highest standards of data security - ISO 27001 certified - SOC2 attested - AES-256 encryption for data in transit and at rest - Regional data hosting to meet local data privacy requirements - Third-party security audits and penetration testing [Security page →](/security) ![ISO 27001 Certified](https://media.elker.com/74edf326-f927-4feb-a180-31a49f65d64c/iso-27001-certified.svg)![SOC 2 Verified](https://media.elker.com/c39b77d4-a682-489b-8c92-e07bfbc4b5ad/soc-2-verified.svg) ![GDPR Certified](https://media.elker.com/5f1bdd7e-b5d7-4409-b80b-9c24ebafd34e/gdpr.png) ## Frequently asked questions Elker offers schools a platform that addresses the unique reporting barriers faced by students and staff. Unlike general-purpose reporting tools, Elker features age-appropriate interfaces and trauma-informed language that can be tailored to suit students from primary through secondary levels.  Our expert implementation team works directly with school leadership to ensure the platform integrates with existing tools, well-being frameworks and school policies. Elker transforms how schools address bullying, misconduct and safety concerns by removing the fear and stigma associated with speaking up. The platform empowers students who might otherwise remain silent to report incidents anonymously, allowing your school to intervene before situations escalate. Beyond addressing student-to-student issues, Elker provides a secure channel to report concerns that students or parents might be reluctant to raise directly. The platform's analytics capabilities help identify recurring issues or locations where incidents frequently occur, enabling targeted preventative measures. By implementing Elker, schools demonstrate their commitment to student wellbeing and create learning environments where all members of the community feel safe, respected and heard. Elker is designed with flexibility at its core. Whether you're a small primary school, a large secondary college, or an independent school, Elker can be configured to align with your specific procedures. Our implementation team works closely with your school to customise reporting pathways according to age appropriateness, literacy levels, and the specific types of incidents relevant to your environment. For schools with multiple campuses or complex structures, Elker's case management system can be tailored to route reports to appropriate staff members while maintaining confidentiality. We understand that schools have unique cultural considerations and regulatory obligations, which is why we ensure Elker works the way your school needs it to—supporting your existing wellbeing framework rather than requiring you to adapt to our system. Building **trust and transparency** with Interested to find out more? See how Elker can help with compliance and build a culture of accountability and trust in your organisation. [Book a demo](/book-demo) [Get a quote →](/pricing) --- url: https://elker.com/use-cases/universities title: "Anonymous Reporting App for Universities | Elker" description: "Anonymous reporting app for universities. Confidential student safety and staff disclosure aligned with the National Higher Education Code (GBV)." locale: en-AU generated: 2026-07-01T14:05:47.292Z --- Universities # Tackle sexual harassment and assault on campus with speak-up Elker equips higher education institutions with the tools to protect the safety and well-being of their students and staff.  ![Elker's iOS and Android apps for anonymous reporting in the workplace](https://media.elker.com/c076908e-c597-4956-b3d7-5b1882a9d7d8/elker-ios-android-app.png?width=992) Features ## Secure reporting. Clear insights. Data-driven change. ### Anonymous reporting Receive truly anonymous disclosures from students and staff. End-to-end encryption allows for the protection of the reporter's identity. ![Product showcase: Speak-up reporting system disclosure intake](https://media.elker.com/5cfeaa8c-2d96-4272-b445-14aa107c5311/speak-up-static.png?width=992) ### Efficient triage and case management Save countless hours of case management with automated routing, categorisation and alerts. Streamline the entire process of handling reports, from investigation to resolution. ![Product showcase: Performance and Conduct Static](https://media.elker.com/8b527d02-f12a-4ac7-8425-38b2ecae7f3e/performance-and-conduct-static.png?width=992) ### Real-time analytics with de-identified data Identify trends in reported incidents, enabling proactive initiatives to enhance campus safety. Customise analytics dashboards to analyse specific times, departments, or types of incidents, providing a detailed understanding of campus safety. ![Product showcase: psychosocial hazards and risks identified](https://media.elker.com/3ddb8f50-32da-4f3e-a29a-e1a2d9b152c5/psychosocial-hazards-and-risks-static.png?width=992) ### Post-incident surveys Automate follow-up surveys to understand how the resolution process was managed. Use survey data to continually refine and improve your approach to handling incidents. ![Product showcase: Feedback and suggestions](https://media.elker.com/2d20cb04-30d0-4d6a-a9ca-b46451e27281/feedback-and-suggestions-static.png?width=992) [View all features →](/features) ## Security and data protection for students and staff - ISO 27001 certified - SOC2 attested - AES-256 encryption for data in transit and at rest - Regional data hosting to meet local data privacy requirements - Third-party security audits and penetration testing ![ISO 27001 Certified](https://media.elker.com/74edf326-f927-4feb-a180-31a49f65d64c/iso-27001-certified.svg)![SOC 2 Verified](https://media.elker.com/c39b77d4-a682-489b-8c92-e07bfbc4b5ad/soc-2-verified.svg) ![GDPR Certified](https://media.elker.com/5f1bdd7e-b5d7-4409-b80b-9c24ebafd34e/gdpr.png) ## The prevalence of sexual assault in Australian universities 1 in 20 Students have been sexually assaulted in Australian universities 1/3 Universities have implemented transparent measures and reporting processes 4.5% Incidents were formally reported Speak-up software is essential for universities to combat sexual harassment and assault on campus. Elker facilitates the early detection of issues by providing a secure and anonymous platform for reporting incidents. ## The prevalence of sexual assault in Australian universities: a call to action ![Hero image: Speak up system for employees to report issues in the workplace](https://media.elker.com/da8c2602-db9c-41b6-b9c6-87d9f2bf449a/hero-background.png?width=992) The [2021 National Student Safety Survey](https://universitiesaustralia.edu.au/wp-content/uploads/2022/03/2021-NSSS-National-Report.pdf) (NSSS) paints a grim picture of the prevalence of sexual harassment and assault in Australian universities. Nearly one-third of university students have experienced sexual assault at least once in their lifetime, with 4.5% experiencing it in a university context since starting their studies. The rates are alarmingly higher among female, transgender, and non-binary students. [Sexual harassment](/articles/5-risk-factors-for-sexual-harassment-in-the-workplace) is also rampant, affecting one in two students at least once in their lifetime. Reporting rates are dismally low, with only 3.0% of students who experienced sexual harassment and 5.6% who experienced sexual assault making a formal report to their university. The reasons for not reporting are varied, including the belief that their experience wasn't serious enough or would be too hard to prove. Those who did report had mixed experiences with the university's reporting or complaint processes, leading to a lack of trust in the system. The National Student Safety Survey underscores the need for comprehensive and urgent action. In 2023, the [Respect at Work Bill](/articles/what-the-respect-at-work-bill-means-for-your-business) came into effect, mandating a [new positive duty in the Sex Discrimination Act](/articles/7-standards-positive-duty-sex-discrimination-act). Universities must eliminate all sexual harassment and sex-based [discrimination](/articles/discrimination-in-the-workplace) on campus. Universities must acknowledge the role of gender and other intersecting factors in driving sexual harassment and assault. They must take proactive measures to improve inclusivity and create safe learning environments, especially for vulnerable groups such as gender and sexuality-diverse students, and those with disabilities. The time for change is now; universities have a legal and moral responsibility to act. ## Frequently asked questions Speak-up software, otherwise known as an anonymous reporting platform, enables secure and anonymous reporting of concerns, issues, or incidents within an organisation or institution. For campuses, it provides students, staff, and faculty a safe channel to raise concerns about serious misconduct, harassment, and any other safety issues without fear of retaliation. By providing open communication and ensuring that concerns are heard and addressed promptly, speak-up software plays an important role in fostering a safe, inclusive and responsive campus environment. Elker is ISO 27001 certified, meaning our system adheres to the highest international standards of data protection. Students and staff can decide whether to remain anonymous or share personal details when reporting. When anonymity is selected, our platform ensures that no data, such as IP addresses, device specifications, or geographical locations that could potentially identify a whistleblower, is stored. Visit our [security page](/nz/security) for more information. Speak-up systems provide the structured reporting mechanisms that universities should implement under the Human Rights Act 1993. By enabling anonymous reporting, early trend detection, and trauma-informed case management, speak-up systems help institutions create safer campus environments and empower students to come forward without fear of retaliation. Elker's analytics dashboard provides universities with a comprehensive overview of reported incidents. By analysing this data, universities can identify patterns, high-risk areas or times, and emerging trends in sexual assault reports. This data-driven approach not only aids in understanding the current campus climate but also in formulating proactive strategies, awareness campaigns, and targeted interventions. Building **trust and transparency** with Interested to find out more? See how Elker can help with compliance and build a culture of accountability and trust in your organisation. [Book a demo](/book-demo) [Get a quote →](/pricing) --- url: https://elker.com/nz/solutions/anonymous-suggestion-box title: "Anonymous Suggestion Box to Transform Workplace Culture" description: "Elker empowers organisations to collect genuine feedback, identify emerging risks and drive meaningful workplace change. Find out more." locale: en-NZ generated: 2026-07-01T14:05:45.088Z --- # Transform your workplace culture with an anonymous suggestion box Elker empowers organisations to collect genuine feedback, identify emerging risks and drive meaningful workplace change. ## Harness employee feedback to solve critical challenges 1 Provide safe, confidential channels for employees to share suggestions, report issues, and contribute ideas. 2 Identify risks, opportunities and emerging trends in your workplace with intelligent analytics and reporting. 3 Translate employee input into targeted actions that resolve issues, increase safety and improve organisational culture. ## A powerful online suggestion box trusted by leading organisations ![Build dynamic reporting pathways with Elker](https://media.elker.com/c076908e-c597-4956-b3d7-5b1882a9d7d8/elker-ios-android-app.png) ![Intelligent case management with Elker](https://media.elker.com/8b527d02-f12a-4ac7-8425-38b2ecae7f3e/performance-and-conduct-static.png) ![Advanced security safeguards with Elker](https://media.elker.com/23a480a7-7076-4398-ae8b-64c3164d1019/nz-data-privacy-security.png) ![Triage and workflow automation with Elker](https://media.elker.com/08a86b1c-29ae-4c40-89e1-be4e989423ba/feature-case-management.png) ![Realtime cultural analytics with Elker](https://media.elker.com/1dfb2744-4ff8-47e8-a173-417a2374f6fd/analytics-and-trends-static.png) Build dynamic reporting pathways Configurable workflows and access controls to optimise intake, triage, and resolution for various report types. Intelligent case management Automated prioritisation, task assignment, and progress tracking to streamline end-to-end issue handling. Advanced security safeguards Industry-leading data encryption, access controls and guided reporting processes to safeguard employee identity. Triage and workflow automation Configurable templates to automate notifications, tagging, escalations and other process steps. Realtime cultural analytics Dashboards and insights to monitor key metrics, benchmark performance, and identify emerging risks. ![Hero image: Whistleblowing system for business transparency and integrity](https://media.elker.com/0db7732a-321a-4755-a319-b94bdfdd9049/elker-page-break-image-2.png?width=992) ## What you don't know can hurt you In every workplace, people have valuable suggestions, pressing concerns and tricky issues. But too often, leaders struggle to hear them. With over 20 years of expertise in conflict management, workplace strategy and dispute system design, Elker helps your organisation: 1. Give employees a voice to share ideas, complaints, safety issues and whistleblower reports 2. Use data insights to spot risks and opportunities in employee feedback 3. Quickly investigate and resolve problems with easy case management tools 4. Take action on insights to make positive changes to your workplace culture 5. Track progress and share impacts with intuitive reporting ## Uncompromising protection for employees and organisations - ISO 27001 certified - SOC2 attested - AES-256 encryption for data in transit and at rest - Regional data hosting to meet local data privacy requirements - Third-party security audits and penetration testing [Security page →](/nz/security) ![ISO 27001 Certified](https://media.elker.com/74edf326-f927-4feb-a180-31a49f65d64c/iso-27001-certified.svg)![SOC 2 Verified](https://media.elker.com/c39b77d4-a682-489b-8c92-e07bfbc4b5ad/soc-2-verified.svg) ![GDPR Certified](https://media.elker.com/5f1bdd7e-b5d7-4409-b80b-9c24ebafd34e/gdpr.png) ## Navigate New Zealand's regulatory landscape with confidence Elker's virtual suggestion box helps organisations align with evolving legislation and best practices. Health and Safety at Work Act 2015 Provide avenues for receiving information regarding incidents, hazards and risks. Make anonymous reporting part of your process to eliminate or minimise risks to health and safety. Protected Disclosures (Protection of Whistleblowers) Act 2022 Protect disclosers who make a protected disclosure through secure reporting and case management tools. Provide effective internal procedures and clear pathways to disclose serious wrongdoing. Human Rights Act 1993 Protect whistleblowers who make a protected disclosure. Prevent sexual harassment from occurring with tools for the early detection of misconduct. ## See how Elker works ## Frequently asked questions An anonymous suggestion box is a powerful tool to gather employee feedback and drive informed decisions about your workplace. By providing a secure, confidential channel for employees to voice opinions, an anonymous suggestion box surfaces valuable insights into your workplace culture that traditional feedback mechanisms often miss. Elker's enterprise-grade, fully customisable platform goes beyond simple form submissions, offering innovative features like anonymous surveys and encrypted two-way communication to facilitate anonymous dialogue between employees and leadership. Implementing an anonymous suggestion box offers several benefits: - Encouraging open, honest communication across all levels - Proactively identifying emerging issues, risks and opportunities - Demonstrating leadership commitment to transparency and change - Empowering employees as active partners in cultural change - Mitigating legal and reputational risks through early detection - Boost engagement and employee satisfaction - Providing data to inform HR initiatives and investments With Elker, organisations can quickly realise these benefits at scale. Our intelligent platform streamlines the end-to-end feedback lifecycle, transforming employee suggestions and concerns into actionable insights. Advanced analytics and real-time reporting enable leaders to keep a pulse on employee sentiment and proactively shape organisational culture. An anonymous suggestion box is an effective tool for boosting employee engagement by: - Empowering employees to share ideas and feedback without judgment - Showing that employee opinions are valued and acted upon - Enabling employees to participate in shaping company culture and direction - Creating a sense of ownership and investment in the organisation's success - Providing a channel for employees to raise concerns before they escalate - Facilitating continuous improvement based on frontline insights Elker's virtual suggestion box makes it simple to capture and analyse employee feedback in real time. Advanced features like sentiment analysis and trend reports provide actionable insights to address concerns, enhance employee satisfaction, and increase engagement. Ensuring anonymity is important for employees to feel safe to voice their opinions through an anonymous suggestion box. Elker employs multiple best-in-class security safeguards to protect employee identity at every stage: 1. Anonymised data collection that detaches identifying metadata from responses 2. Advanced encryption, both when data is transmitted and when stored 3. Fully customisable access controls to restrict visibility to authorised personnel 4. A user experience that guides reporters through the reporting process to ensure information is reported that will not compromise their identity There are a few ways to set up a free suggestion box and anonymous surveys using Google Forms, Microsoft Form, Free Suggestion Box or Tally. These options can be a great solution to collect feedback from employees and customers. However, they often lack the advanced security features, customisation options and analytical capabilities required for many workplaces. There are several benefits to an enterprise suggestion box: - Data-driven insights: Powerful insights allow workplaces to proactively identify workplace risks and trends before they become issues. - Security and anonymity: Enterprise tools are developed specifically for capturing anonymous feedback, such as end-to-end encryption, granular access permissions, redaction, data sovereignty and secure infrastructure. - Expert implementation and support: Specialist teams provide comprehensive onboarding, strategic guidance, and proven frameworks to transform feedback programs into measurable cultural improvements. While a simple suggestion box allows companies to get set up in just a few clicks, they often lack the strategic expertise needed to drive meaningful cultural change. Elker delivers a comprehensive workplace solution that goes beyond basic idea gathering. Our approach: - Tailored setup that adapts to your unique needs - Customisation options to align with your processes, programs and existing systems - Advanced security, SSO and compliance safeguards for optimal protection - Intelligent analytics to proactively surface cultural insights and risks - Policies and proven communication strategies to ensure the success of your anonymous reporting system Elker serves as a trusted partner, working closely with organisations to craft engagement strategies, communication plans, and educational resources that maximise cultural impact. Through a comprehensive, data-driven approach to workplace transformation, we empower companies to drive meaningful changes in their workplace and foster a culture of trust, transparency and inclusion. ## Who uses Elker? See how Elker is used in your industry. Building **trust and transparency** with Interested to find out more? See how Elker can help with compliance and build a culture of accountability and trust in your organisation. [Book a demo](/nz/book-demo) [Get a quote →](/nz/pricing) --- url: https://elker.com/nz/solutions/case-management-software title: "Case Management Software for Strategic Decision Making" description: "Case management software that streamlines incident resolution and surfaces systemic risk patterns. Built for sensitive workplace matters across AU and NZ." locale: en-NZ generated: 2026-07-01T14:05:45.143Z --- Solutions # Case Management Software for Strategic Decision Making Elker's case management software streamlines incident resolution and uses data analytics to help you identify systemic risks, save time, and build a more resilient organisation. ![Product showcase: Custom fields](https://media.elker.com/58fb559d-4454-4294-a161-6bedbf683390/custom-fields.png?width=992) ## Streamline resolution and risk oversight 1 Automate case creation and tasks, and reduce the time spent on manual data entry. 2 Collaborate securely using built-in case notes and document management. 3 Leverage analytics to understand root causes, take strategic action, and prevent recurring issues. Features ## One platform to manage cases Intelligent case management Automated report routing based on issue type and severity, built-in audit trails, and workflow automations Real-time assessment Dashboards and insights to monitor risk indicators, report stats and program performance Enterprise-grade security End-to-end encryption to safeguard reporter confidentiality. Granular access controls and permissions to protect sensitive data. Flexible reporting pathways Customisable forms and workflows. Multiple input channels, including web and mobile apps. Anonymous two-way communication to facilitate dialogue and follow-up. ![Hero image: Corporate whistleblowing tool for prevention of misconduct and business integrity](https://media.elker.com/8366379d-02ad-4014-8584-23bf2bd38785/elker-page-break-image-4.png?width=992) ## A data-driven approach to managing risk The most effective organisations use data to make informed decisions about every aspect of their business, including the health of their workplace culture. Every report of a safety incident, a compliance breach, or a grievance is a critical data point. When captured and analysed correctly, these data points provide a real-time measure of organisational health and risk. The key is having a system that can collect and interpret this information. Without a dedicated system, incident data remains fragmented across emails and spreadsheets, making it impossible to see the bigger picture. Case management software addresses this directly by consolidating all reports into a single, structured database. It connects disparate events to provide a holistic view of your organisation's health, highlighting recurring problems and areas of risk. This clarity enables leaders to shift from reacting to individual issues to strategically addressing the root causes, improving culture and strengthening the business. Elker is the leading case management solution for forward-thinking organisations wanting to build a proactive and transparent workplace culture. Our system empowers you to move beyond reactive problem-solving by identifying and addressing systemic risks before they escalate. By transforming sensitive reports into clear data and actionable insights, Elker provides the foundation for continuous improvement and a safer work environment for everyone. ### Seamless stakeholder coordination Streamline communication between reporters, case managers, HR, legal, and leadership teams. Automated notifications and role-based permissions keep all stakeholders aligned while maintaining confidentiality. ![Product showcase: Secure internal sharing and permissions settings ](https://media.elker.com/736c4c28-f615-4518-b174-4ac213034b69/product-features-secure-internal-sharing.png?width=992) ### Exportable reports Extract case data in multiple user-friendly formats for analysis or sharing. All exports maintain security protocols while enabling collaboration with internal teams or external advisors. ![Exportable reports: product showcase](https://media.elker.com/a785621b-d430-4bc1-aa99-7589efe31463/product-feature-exportable-reports.png?width=992) ### Customisable workflows Configure case management processes to match your organisation's unique requirements. Adapt the platform to integrate with existing protocols rather than altering your team's workflow. ![Triage and case management tools](https://media.elker.com/08a86b1c-29ae-4c40-89e1-be4e989423ba/feature-case-management.png?width=992) ### Integrated training programs Deliver case management training through the platform. Modules ensure staff understand compliance and trauma-informed case management processes. ![Training and onboarding: product showcase](https://media.elker.com/35a97aa1-40ab-408c-900d-4e9d08f21f04/product-feature-training-onboarding.png?width=992) [View all features →](/nz/features) ## Frequently asked questions Case management software is a technology platform designed to help an organisation systematically manage a case from its initial report through to investigation and resolution. It acts as a single, secure environment for all case-related information, including communications, documents, evidence, and deadlines. This ensures every issue is handled with consistency and accountability. Encouraging people to speak up safely is entirely about building trust in the process. Elker achieves this in two fundamental ways: through certified platform security and with features that give individuals direct control over their identity. First, Elker is ISO 27001 certified and SOC 2 attested. These are rigorous, global standards for information security, verified through recurring audits by independent experts. This provides institutional assurance that our systems for managing your most sensitive data are built and maintained to the highest international security protocols, giving your organisation and your people confidence in the platform itself. Second, features like anonymous reporting and end-to-end encrypted messaging provide direct protection for the individual. Anonymity enables an employee to report concerns about misconduct or a psychosocial risk without fear of personal or professional reprisal. Crucially, our encrypted live chat enables a secure, two-way conversation between the anonymous reporter and a case manager. This means the person speaking up can safely answer questions and receive updates on the investigation, which is vital for building the confidence needed to report sensitive issues. A key benefit of a structured case management solution is its ability to provide clear insights through reporting and analytics. By organising all case data, the software makes it easy to spot trends, for example, a pattern of psychosocial hazard reports in a particular department. This allows leaders to move beyond resolving single incidents and make proactive, data-driven decisions to address root causes, thereby preventing future occurrences. For a whistleblowing case management system, security is paramount. To comply with the Corporations Act, essential features include end-to-end encryption, options for reporter anonymity, and a robust permissions system. Elker is ISO 27001 certified and SOC 2 attested, which validates our enterprise-grade security controls. This ensures all sensitive information related to whistleblower disclosures is protected from any unauthorised access. Yes. A scalable, cloud-based software solution is highly practical for a small business. It provides access to the same high-level tools for compliance and efficiency as a large corporation, without requiring significant IT infrastructure. A dedicated case management tool enables a small team to manage its workload professionally, reduces the risks associated with manual data entry, and ensures compliance obligations are met efficiently. No two organisations are identical. Customisable workflows enable you to tailor the software to your existing systems and processes. Rather than forcing your team to change how they work, Elker allows you to configure automated steps that assign tasks, send notifications, and escalate cases based on your rules. This automation streamlines the management process, improving the consistency and speed of case resolution. This management software directly boosts productivity by automating administrative work and creating a single source of truth for every case. This significantly reduces the time teams spend searching for files and emails. With clear dashboards and automated reminders for task management, the process becomes more efficient, leading to a quick resolution for cases and allowing staff to focus on more strategic activities. Yes, a flexible software solution is often designed for integration. It can connect with existing systems, such as your HR platform and employee assistance program, to ensure data consistency and eliminate the need for duplicate data entry. This creates a more unified technology environment and provides a more comprehensive view of your operations. Elker is built on a foundation of security. Our ISO 27001 certification and SOC 2 attestation mean our controls are independently audited and verified. We utilise a strong permissions system for granular user access, apply end-to-end encryption to all data, and offer secure channels for all communications. This ensures that all case details and personal information are kept confidential and protected. You can read more about our security processes on our [security page](/nz/security). Yes. A key feature of a sophisticated system is the ability to share specific cases with external parties like lawyers, mediators, or investigators without compromising overall security. Elker allows you to grant controlled, time-limited access for specific cases, with all activity monitored. This facilitates expert consultation while maintaining strict confidentiality. The software provides a centralised, secure library for every document related to a case. This includes intake forms, photos, signed statements, and final reports. This approach to document management ensures all authorised users are working from the most current information and creates a complete, auditable record for every single case. A flexible case management tool is designed to manage multiple and varied case types simultaneously, each with its own distinct workflow. Your compliance team can oversee whistleblower reports while the HR department manages employee grievances, all within the same secure system but with data access firewalled by user roles and permissions. A role-based permissions system is a critical security feature that works on the principle of least privilege. It means users can only see and interact with the information and tools essential for their role. A case manager would see their assigned cases, while a senior leader might only have access to anonymised, high-level reporting. This protects sensitive information from internal and external threats. A good software provider acts as a partner. Elker provides comprehensive onboarding and ongoing support to ensure your team can fully leverage the platform's capabilities. We assist with the initial setup, help you configure your customisable workflows, and provide training to ensure your team feels confident and that your business needs are met. ## See Elker in action ![Meet Elker video thumbnail](https://cdn.elker.com/meet-elker/thumbnail_bba26ec6.jpg?w=1080) ## Safeguard your data with the highest security standards - ISO 27001 certified - SOC2 attested - AES-256 encryption for data in transit and at rest - Regional data hosting to meet local data privacy requirements - Third-party security audits and penetration testing ![ISO 27001 Certified](https://media.elker.com/74edf326-f927-4feb-a180-31a49f65d64c/iso-27001-certified.svg)![SOC 2 Verified](https://media.elker.com/c39b77d4-a682-489b-8c92-e07bfbc4b5ad/soc-2-verified.svg) ![GDPR Certified](https://media.elker.com/5f1bdd7e-b5d7-4409-b80b-9c24ebafd34e/gdpr.png) Interested to find out more? See how Elker can help with compliance and build a culture of accountability and trust in your organisation. [Book a demo](/nz/book-demo) [Get a quote →](/nz/pricing) --- url: https://elker.com/nz/solutions/psychosocial-hazard-management title: "Psychosocial Hazard Management With Anonymous Reporting" description: "Elker helps organisations identify psychosocial hazards before they cause harm, providing data-driven insights to protect worker wellbeing." locale: en-NZ generated: 2026-07-01T14:05:45.204Z --- # Psychosocial hazard management: risk reduction with anonymous reporting Elker helps organisations identify psychosocial hazards before they cause harm, providing data-driven insights to protect worker wellbeing. ## Strengthen your risk management strategy 1 Enable anonymous reporting of psychosocial hazards, including bullying, harassment, and work-related stress 2 Identify patterns and trends in workplace psychosocial risks through comprehensive analytics 3 Implement targeted control measures and track their effectiveness in reducing psychological and physical harm ## How Elker works Watch the video below to see how Elker can manage psychosocial hazards ![Meet Elker video thumbnail](https://cdn.elker.com/meet-elker/thumbnail_bba26ec6.jpg?w=1080) Features ## Clear insights. Targeted initiatives for change. ### Anonymous reporting Elker provides employees with a truly anonymous space to speak up about concerns.  ![Elker's iOS and Android apps for anonymous reporting in the workplace](https://media.elker.com/c076908e-c597-4956-b3d7-5b1882a9d7d8/elker-ios-android-app.png?width=992) ### Efficient case management Transform reports into cases based on issue type and severity. Built-in audit trails and automations save hours in case management. ![Triage and case management tools](https://media.elker.com/08a86b1c-29ae-4c40-89e1-be4e989423ba/feature-case-management.png?width=992) ### Evaluation and culture surveys Understand your organisation's cultural health and evaluate how investigations are conducted. ![Product showcase: psychosocial hazards and risks identified](https://media.elker.com/3ddb8f50-32da-4f3e-a29a-e1a2d9b152c5/psychosocial-hazards-and-risks-static.png?width=992) ### Real-time analytics Turn workplace feedback into targeted, data-driven solutions through real-time analytics and reporting. ![Product showcase: Analytics and Trends Static](https://media.elker.com/1dfb2744-4ff8-47e8-a173-417a2374f6fd/analytics-and-trends-static.png?width=992) [View all features →](/nz/features) ## Safeguard your data with the highest security standards - ISO 27001 certified - SOC2 attested - AES-256 encryption for data in transit and at rest - Regional data hosting to meet local data privacy requirements - Third-party security audits and penetration testing ![ISO 27001 Certified](https://media.elker.com/74edf326-f927-4feb-a180-31a49f65d64c/iso-27001-certified.svg)![SOC 2 Verified](https://media.elker.com/c39b77d4-a682-489b-8c92-e07bfbc4b5ad/soc-2-verified.svg) ![GDPR Certified](https://media.elker.com/5f1bdd7e-b5d7-4409-b80b-9c24ebafd34e/gdpr.png) ## Your partners in due diligence Elker helps your organisation navigate New Zealand's regulatory landscape. Health and Safety at Work Act 2015 Provide avenues for receiving information regarding incidents, hazards and risks. Make anonymous reporting part of your process to eliminate or minimise risks to health and safety. Protected Disclosures (Protection of Whistleblowers) Act 2022 Protect disclosers who make a protected disclosure through secure reporting and case management tools. Provide effective internal procedures and clear pathways to disclose serious wrongdoing. Human Rights Act 1993 Protect whistleblowers who make a protected disclosure. Prevent sexual harassment from occurring with tools for the early detection of misconduct. ## Frequently asked questions Psychosocial hazards are factors in the design or management of work that increase the risk of work-related stress that can lead to psychological or physical harm. These hazards stem from various aspects of work, including how work is designed or managed, workplace conditions, equipment used, and interactions between individuals. Exposure to psychosocial hazards can negatively impact both physical and psychological health, potentially resulting in work-related stress, burnout, depression, anxiety disorders, post-traumatic stress disorder, and even physical injuries. Common psychosocial hazards include high job demands, low job control, poor support, and poor workplace relationships. Common psychosocial hazards that can lead to psychological or physical harm include: - **High and low job demands**: Excessive workloads, tight deadlines, emotionally demanding tasks, or, conversely, too little or monotonous work - **Low job control**: Limited autonomy or decision-making power in how work is performed - **Poor support**: Inadequate managerial or collegial support, insufficient training, or limited resources - **Poor organisational justice**: Unfair treatment, inconsistent application of policies, or biased decision-making - **Low recognition and reward**: Lack of positive feedback or appropriate recognition - **Poor workplace relationships**: Conflict, workplace bullying, harassment, or aggression - **Poor organisational change management**: Inadequate consultation during periods of change - **Low role clarity**: Unclear responsibilities or conflicting expectations - **Remote or isolated work**: Working in locations with limited access to support or communication - **Exposure to traumatic events**: Including workplace violence, aggression, bullying, harassment and traumatic incidents Child protection workers, emergency service personnel, and healthcare workers often face inherent psychosocial hazards due to the nature of their work. To effectively identify psychosocial hazards, consider implementing the following approaches: 1. **Conduct anonymous surveys**: Use validated tools like the People at Work survey to collect data about workers' experiences 2. **Review existing information**: Analyse incident reports, absenteeism patterns, staff turnover, and workers' compensation claims 3. **Observe workplace interactions**: Look for signs of conflict, poor communication, or unmanageable workloads 4. **Consult with workers**: Engage employees and health and safety representatives in discussions about workplace conditions 5. **Conduct risk assessments**: Systematically evaluate job demands, level of control, and support structures 6. **Monitor workplace relationships**: Assess the quality of interactions between colleagues, managers, and clients 7. **Consider the physical environment**: Identify physically hazardous environments or poor quality working conditions that may contribute to psychosocial risks By using multiple methods to identify psychosocial hazards, you can develop a more comprehensive understanding of the risks present in your workplace. Effective control measures for managing psychosocial risks should follow the hierarchy of controls, starting with elimination where possible: 1. **Eliminate the hazard**: Redesign work processes to remove the psychosocial hazard completely 2. **Substitute the hazard**: Replace high-risk tasks or situations with lower-risk alternatives 3. **Isolate the hazard**: Separate workers from the source of the hazard where appropriate 4. **Engineering controls**: Modify the physical work environment to reduce exposure to hazards 5. **Administrative controls**: Implement policies, procedures, and training programs 6. **Personal protective equipment**: While less effective for psychosocial hazards, sometimes relevant Specific control measures may include: - Adjusting workloads to ensure job demands are reasonable - Increasing worker control over how and when tasks are completed - Providing adequate resources and emotional support - Implementing clear policies on bullying, harassment, and workplace violence - Offering training for managers on supporting team mental health - Establishing clear communication channels during organisational change - Providing access to employee assistance programs - Implementing anonymous reporting systems for psychosocial hazards The most effective approach typically involves a combination of control measures tailored to the specific hazards identified. Job demands refer to the physical, mental, or emotional effort required to perform work tasks. Both excessive and insufficient job demands can contribute to psychosocial risks: **High job demands** may include: - Unrealistic workloads or deadlines - Extended working hours - Complex decision-making responsibilities - Emotionally demanding interactions with clients - Frequent exposure to traumatic events - Working in hazardous environments or with hazardous chemicals - Performing supervised tasks with limited autonomy **Low job demands** may include: - Monotonous or repetitive work - Underutilisation of skills - Lack of meaningful tasks - Insufficient challenges When job demands are consistently misaligned with a worker's capabilities, resources, or needs, the risk of work-related stress increases significantly. Appropriate job design should balance demands with sufficient control and support to prevent psychological or physical harm. Low job control occurs when workers have little autonomy or influence over aspects of their work, including how or when tasks are performed. This psychosocial hazard manifests in situations where: - Work is tightly managed or machine-paced - Employees have minimal input into decisions affecting their work - Workers cannot choose the order of tasks or when to take breaks - Jobs follow rigid procedures with little room for discretion - Workers have limited opportunities to use or develop their skills Low job control can lead to increased work-related stress, reduced job satisfaction, and poorer physical and psychological health outcomes. Research shows that combining low job control with high job demands creates a particularly hazardous work environment. Increasing worker control through participative decision-making, flexible work arrangements, and greater autonomy in task completion can serve as effective control measures for this psychosocial hazard. Poor workplace relationships represent a significant psychosocial hazard that can cause psychological harm. To address this hazard: 1. **Implement clear policies**: Develop and enforce policies addressing unreasonable behaviour, including bullying, harassment, and discrimination 2. **Promote respectful behaviour**: Set clear expectations for workplace interactions and model appropriate conduct 3. **Provide training**: Offer conflict resolution and communication skills training 4. **Establish reporting mechanisms**: Implement confidential, anonymous reporting systems that allow workers to raise concerns without fear of reprisal 5. **Address conflicts promptly**: Intervene early when relationship issues emerge 6. **Foster positive team dynamics**: Create opportunities for positive workplace interactions and team building 7. **Monitor human behaviour**: Be alert to signs of deteriorating relationships or group dynamics By actively managing workplace relationships, organisations can reduce the risk of psychological harm arising from interpersonal conflicts while promoting a culture that supports positive mental health and wellbeing. Anonymous reporting systems play a crucial role in managing psychosocial risks by: 1. **Encouraging disclosure**: Workers are more likely to report psychosocial hazards when they can do so confidentially 2. **Early identification**: Allows organisations to identify emerging risks before they cause significant harm 3. **Removing barriers**: Addresses fear of reprisal or stigma that might prevent reporting 4. **Capturing trends**: Provides data to identify patterns of psychosocial hazards across the organisation 5. **Supporting affected workers**: Offers a safe channel for workers experiencing psychological harm to seek support 6. **Measuring effectiveness**: Helps in reviewing control measures by tracking reporting patterns over time Implementing an anonymous reporting system demonstrates an organisation's commitment to psychological health and safety and complies with requirements under the code of practice to provide appropriate means for workers to report hazards and risks. The risk management process for psychosocial hazards follows a systematic approach: 1. **Identify psychosocial hazards**: Use surveys, workplace observations, and consultation with workers to identify hazards 2. **Assess the risks**: Evaluate the likelihood and potential severity of psychological or physical harm from each hazard 3. **Implement control measures**: Select and apply appropriate controls following the hierarchy of controls 4. **Monitor and review**: Evaluate the effectiveness of controls and adjust as needed This process should be: - Proactive rather than reactive - Conducted in consultation with workers and health and safety representatives - Documented appropriately - Regularly reviewed and updated A comprehensive risk management process helps organisations meet their health and safety obligations while systematically reducing the potential for work-related stress and associated harms. Exposure to traumatic events requires specific approaches within your psychosocial risk management framework: 1. **Preventative measures**: - Identify roles with higher exposure risk - Implement security measures where appropriate - Provide training on de-escalation techniques - Ensure adequate staffing for high-risk situations 2. **Immediate response**: - Establish clear procedures for responding to traumatic events - Provide immediate support to affected workers - Remove affected workers from continued exposure where possible - Report incidents appropriately 3. **Follow-up measures**: - Offer access to professional psychological support - Implement return-to-work plans as needed - Review the incident to identify preventative measures - Monitor affected workers for delayed responses Child protection workers, emergency services personnel, and healthcare workers may require specialised support due to their regular exposure to traumatic events. The risk management process should acknowledge the potentially cumulative impact of trauma exposure. Regularly reviewing control measures is a critical component of effective psychosocial risk management. Benefits include: 1. **Ensuring continued effectiveness**: Control measures may become less effective over time or as workplace conditions change 2. **Identifying new hazards**: Reviews may reveal emerging psychosocial risks not previously identified 3. **Refining approaches**: Feedback from workers can help improve control measures 4. **Demonstrating compliance**: Regular reviews provide evidence of ongoing commitment to health and safety obligations 5. **Preventing escalation**: Early identification of control failures prevents minor issues from becoming serious risks The code of practice recommends reviewing control measures periodically, after incidents occur, when work practices change, or when new information about psychosocial hazards becomes available. This ongoing attention helps organisations maintain a working environment that protects both physical and psychological health. Aggression, bullying and harassment represent serious psychosocial hazards that require specific control measures: 1. **Clear policies**: Develop comprehensive policies that define unacceptable behaviours and outline consequences 2. **Reporting mechanisms**: Implement accessible, anonymous reporting systems 3. **Training**: Provide education on recognising and responding to inappropriate behaviours 4. **Swift response**: Address reports promptly with fair investigation processes 5. **Support structures**: Offer support to those experiencing these behaviours 6. **Environmental design**: Consider physical workspace design to reduce aggression triggers 7. **Client management**: Implement specific protocols for managing aggressive clients When addressing these hazards, it's important to recognise that they can cause significant psychological harm and contribute to work-related stress. Control measures should aim to both prevent incidents and respond effectively when they occur. Building **trust and transparency** with Interested to find out more? See how Elker can help with compliance and build a culture of accountability and trust in your organisation. [Book a demo](/nz/book-demo) [Get a quote →](/nz/pricing) --- url: https://elker.com/nz/solutions/speak-up-platform title: "Secure Speak-Up Platform to Empower Your Organisation" description: "Elker's secure speak-up system combines anonymous reporting with data analytics to help organisations manage risk and foster transparent, accountable cultures." locale: en-NZ generated: 2026-07-01T14:05:45.262Z --- Solutions # A speak-up platform to empower your organisation Elker's secure speak-up system combines anonymous reporting with data analytics to help organisations manage risk and foster transparent, accountable cultures. ## Drive cultural transformation through early insights and action 1 Encourage employees to speak up about misconduct, safety issues, and improvement opportunities 2 Identify emerging risks and trends through real-time analytics and reporting 3 Translate employee feedback into targeted initiatives that enhance transparency, inclusion, and compliance Features ## A comprehensive speak-up solution Intelligent case management Automated report routing based on issue type and severity, built-in audit trails, and workflow automations Real-time cultural analytics Dashboards and insights to monitor risk indicators, report stats and program performance Enterprise-grade security End-to-end encryption to safeguard reporter confidentiality. Granular access controls and permissions to protect sensitive data. Flexible reporting pathways Customisable forms and workflows. Multiple input channels, including web and mobile apps. Anonymous two-way communication to facilitate dialogue and follow-up. ### Proactive issue identification Empower employees to report concerns early, enabling swift intervention before problems escalate. Elker's user-friendly interface and robust anonymity protection create a psychologically safe environment for speaking up. ![Product showcase: Group reporting](https://media.elker.com/508aa44d-a6f4-4395-aa9e-4caaca0fa774/group-reporting.png?width=992) ### Targeted, data-driven solutions Use analytics to identify patterns, assess program effectiveness, and pinpoint areas for training and policy enhancements. Elker turns raw reporting data into actionable insights to guide strategic cultural initiatives. ![Product showcase: psychosocial hazards and risks identified](https://media.elker.com/3ddb8f50-32da-4f3e-a29a-e1a2d9b152c5/psychosocial-hazards-and-risks-static.png?width=992) ### Seamless stakeholder coordination Streamline communication between reporters, case managers, HR, legal, and leadership teams. Automated notifications and role-based permissions keep all stakeholders aligned while maintaining confidentiality. ![Product showcase: Secure internal sharing and permissions settings ](https://media.elker.com/736c4c28-f615-4518-b174-4ac213034b69/product-features-secure-internal-sharing.png?width=992) [View all features →](/nz/features) ## Enterprise-grade security and data protections - ISO 27001 certified - SOC2 attested - AES-256 encryption for data in transit and at rest - Regional data hosting to meet local data privacy requirements - Third-party security audits and penetration testing [Security page →](/nz/security) ![ISO 27001 Certified](https://media.elker.com/74edf326-f927-4feb-a180-31a49f65d64c/iso-27001-certified.svg)![SOC 2 Verified](https://media.elker.com/c39b77d4-a682-489b-8c92-e07bfbc4b5ad/soc-2-verified.svg) ![GDPR Certified](https://media.elker.com/5f1bdd7e-b5d7-4409-b80b-9c24ebafd34e/gdpr.png) ## Your partner in compliance and risk mitigation Elker ensures compliance coverage and genuine cultural change by providing the tools to understand your people and operational risks. Health and Safety at Work Act 2015 Provide avenues for receiving information regarding incidents, hazards and risks. Make anonymous reporting part of your process to eliminate or minimise risks to health and safety. Protected Disclosures (Protection of Whistleblowers) Act 2022 Protect disclosers who make a protected disclosure through secure reporting and case management tools. Provide effective internal procedures and clear pathways to disclose serious wrongdoing. Human Rights Act 1993 Protect whistleblowers who make a protected disclosure. Prevent sexual harassment from occurring with tools for the early detection of misconduct. ## Frequently asked questions A speakup system is a secure, confidential tool for reporting misconduct, safety issues, and feedback. It goes beyond traditional whistleblowing to provide a comprehensive cultural diagnostic and transformation solution. Elker's platform combines accessible reporting mechanisms with intelligent case management, real-time analytics, and expert-guided program design to help organisations proactively identify and resolve issues. By empowering employee voice, the system enables companies to mitigate risks, demonstrate accountability, and cultivate a speak-up culture of trust and transparency. Elker's secure, confidential reporting system is designed to capture a wide spectrum of workplace concerns, including: - Misconduct and unethical behaviour such as harassment, discrimination, and retaliation - Illegal conduct, including fraud, bribery, and anti-competitive behaviour - Regulatory breaches and compliance incidents - Data privacy lapses and cybersecurity threats - Workplace safety hazards, including psychosocial hazards - Any observed or suspected wrongdoing that undermines organisational values Elker provides leadership with vital early warning signals by empowering employees to report safely and anonymously. An effective speak-up platform acts as a catalyst for positive cultural transformation by: - Empowering employees to voice concerns without fear of reprisal - Equipping leaders with early insight into emerging risks - Facilitating dialogue and collaborative problem-solving - Informing targeted policy, training, and relevant engagement initiatives - Signalling organisational commitment to integrity, inclusion, and continuous improvement Elker takes a holistic, data-driven approach to cultural change. Advanced analytics capabilities help uncover root causes behind workplace issues, while integrated action planning tools enable strategic follow-through. The platform also provides multimedia training content and program templates to embed speaking up into the cultural fabric. Building an effective speak-up culture requires organisational effort across several areas: **Leadership commitment:** Leaders must visibly champion the speak-up program, respond constructively to concerns, and protect those who raise issues. When senior management consistently reinforces speak-up messages and incorporates them into regular communications, employees receive a clear signal that speaking up is valued, not punished. **Trust:** Organisations build trust by ensuring confidentiality, preventing retaliation, and demonstrating that reports lead to meaningful action. As highlighted in research, employees often hesitate to report misconduct due to fear of retaliation or doubt that their concerns will be addressed. **Communication:** This includes incorporating speak-up messaging into your code of conduct, regular training programs, staff meetings, and internal communications. Effective organisations treat speak-up communications like any other internal campaign, using multiple channels to reinforce the message. **Transparency:** When employees see reports that lead to positive changes, they gain confidence in the system. Elker's platform provides anonymised metrics showing how issues were addressed, giving leadership the data needed to demonstrate the system's effectiveness. **Training at all levels:** This includes training for employees on how to report, for managers on how to receive concerns appropriately, and for investigators on conducting fair and thorough investigations. Without proper training, even well-intentioned speak-up initiatives can falter when concerns aren't handled properly. Elker is ISO 27001 certified, the internationally recognised standard for information security management. This certification, verified by independent auditors, confirms our comprehensive approach to protecting sensitive information throughout our operations. Our security framework is built on four core principles: **Zero-trust architecture:** We verify every access request regardless of source. Even if someone breaches one security layer, they still can't access sensitive data without proper authentication. **Defence-in-depth:** Rather than relying on a single security measure, we layer multiple controls throughout our systems. Each layer provides additional protection, making it increasingly difficult for threats to penetrate. **Privacy-by-design:** Privacy protection is integrated into every aspect of our system from initial design through development. This includes technical mechanisms to enforce reporter anonymity when requested. **Continuous improvement:** We regularly update security measures, conduct penetration testing, and implement new protections to stay ahead of evolving threats. **Technical data security measures include:** - AES-256 encryption for all data, both in transit and at rest - Support for Single Sign-On (SSO) using industry-standard protocols - Regular independent penetration testing - Role-based access controls (RBAC) govern all system access - Comprehensive cyber incident response planning - Secure development lifecycles with threat modeling and code reviews - SOC 2-certified hosting infrastructure A code of conduct serves as the foundation for any effective speak-up system. It clearly defines organisational values, expected behaviors, and prohibited actions, providing the essential framework that gives a speak-up system purpose and direction. Without a clear code of conduct, employees lack the necessary reference points to identify reportable misconduct. The code establishes standards against which potential issues can be evaluated, helping reporters determine when speaking up is appropriate and necessary. Elker assists organisations in developing and refining their code of conduct alongside the implementation of a speak-up system. Our team works with clients to: - **Align policy with reporting mechanisms:** We help ensure your code of conduct explicitly supports speak-up processes and integrates with reporting categories in your system. - **Develop clear, accessible language:** We assist in crafting code of conduct language that communicates expectations while remaining accessible to all employees. - **Create supporting policies:** Beyond the primary code, we help develop related policies around non-retaliation, investigation procedures, and case management that strengthen your speak-up culture. An effective reporting form balances completeness with accessibility. Based on our extensive experience implementing speak-up systems, we've identified several critical elements that make reporting forms effective: **Intuitive design and clear language:** Reporting forms should use straightforward, jargon-free language that guides users through the process. Complex or legalistic terminology creates barriers to reporting, particularly for sensitive issues like harassment or discrimination.  **Appropriate anonymity options:** Forms should clearly explain confidentiality options and allow reporters to choose their level of anonymity. This is especially important for human rights concerns where reporters may fear retaliation. **Structured yet flexible questioning:** Effective forms use smart logic to adapt questions based on the type of issue being reported. This ensures you collect the right information for each case type without overwhelming reporters with irrelevant questions. **Multi-channel accessibility:** Reports should be accessible through multiple channels to accommodate different situations and preferences. A reporter may not feel comfortable using a work computer to file a sensitive report. **Clear explanation of next steps:** The form should set appropriate expectations about what happens after submission, including timeframes, who will see the report, and how the reporter can track progress or provide additional information. **Data security assurances:** Forms should explicitly address how information will be protected, reinforcing trust in the system's security. Building **trust and transparency** with Interested to find out more? See how Elker can help with compliance and build a culture of accountability and trust in your organisation. [Book a demo](/nz/book-demo) [Get a quote →](/nz/pricing) --- url: https://elker.com/nz/solutions/whistleblowing-hotline title: "Digital Whistleblowing Hotline | 24/7 Reporting Pathways" description: "Elker's digital whistleblowing hotline combines advanced security with expert support to help organisations detect and address workplace misconduct early." locale: en-NZ generated: 2026-07-01T14:05:45.323Z --- # Transform your organisation with a secure whistleblowing hotline Empower your employees to speak up with confidence. Elker's digital whistleblowing hotline combines advanced security with expert support to help organisations detect and address workplace misconduct early. ## Why choose Elker's whistleblowing hotline? ### Enterprise-grade security ISO 27001 certified, we implement industry-leading encryption and rigorous security protocols to protect whistleblowers. ### Implementation expertise Our team brings extensive experience setting up effective whistleblowing hotlines across all industries. ### Ongoing support We provide comprehensive, long-term assistance to help you run a successful whistleblower hotline. ## Respond proactively with an early warning system Elker's digital whistleblowing hotline helps companies identify and resolve concerns before they escalate into serious issues or legal action. Intelligent case management Our platform streamlines the entire case-handling process through smart automation, from report triage and routing to documentation and audit trails. Data-driven insights Transform hotline data into strategic insights about misconduct trends and risks to drive proactive prevention and policy improvements. Whistleblower protections Multi-layered security safeguards whistleblower identities and report confidentiality at every step, from submission through investigation. ![Hero image: Corporate whistleblowing tool for prevention of misconduct and business integrity](https://media.elker.com/8366379d-02ad-4014-8584-23bf2bd38785/elker-page-break-image-4.png?width=992) ## Secure whistleblowing and public interest disclosures An effective whistleblower hotline program is essential for any organisation committed to detecting and preventing workplace misconduct. But not all hotlines are created equal. Many lack the advanced features, security and support needed for compliance and to protect whistleblowers. Elker's whistleblowing hotline solution combines best-practice information security with expertise in New Zealand whistleblowing laws and best practices. We provide everything you need to get set up and operate an effective program that drives real cultural change. Security ## Uncompromising whistleblower protection Safeguarding those who speak up is our top priority. Our whistleblowing hotline is architected from the ground up to ensure end-to-end data protection without sacrificing usability or performance. ### Secure by design Each system component, from the reporting interface to the case management dashboard, incorporates multiple layers of security controls to protect sensitive whistleblowing data at every step. ### Enterprise-grade encryption All report data is encrypted using AES-256, both in transit and at rest, ensuring only authorised users can access whistleblowing information. ### Secure hosting We store all whistleblowing data exclusively in secure, SOC 2 and ISO 27001-certified data centres located in New Zealand, giving you confidence that your information remains protected by strict privacy regulations. ### Granular access management Our platform supports Single Sign-On (SSO) integration and granular Role-Based Access Controls (RBAC) to restrict whistleblowing data access to authorised personnel. ## Powerful case management tools Elker's whistleblowing hotline is equipped with a comprehensive suite of case management features to streamline the entire reporting lifecycle, from initial triage through investigation and resolution. ### Customisable report routing Configure rules to automatically route incoming reports to the appropriate case managers or teams based on factors like issue type, location, or severity. ![Product showcase: Feedback and suggestions](https://media.elker.com/2d20cb04-30d0-4d6a-a9ca-b46451e27281/feedback-and-suggestions-static.png?width=992) ### Collaborative investigation workspace Securely share whistleblowing report data, communicate with authorised stakeholders, and coordinate investigation activities - all within Elker's centralised case management hub. ![Product showcase: Performance and Conduct Static](https://media.elker.com/8b527d02-f12a-4ac7-8425-38b2ecae7f3e/performance-and-conduct-static.png?width=992) ### Configurable workflows Tailor your whistleblowing hotline processes to fit your organisation's unique needs, with support for custom data fields, report categories, user roles, notification rules, and more. ![Elker's iOS and Android apps for anonymous reporting in the workplace](https://media.elker.com/c076908e-c597-4956-b3d7-5b1882a9d7d8/elker-ios-android-app.png?width=992) ### Built-in best practices The system provides case managers with clear, context-specific guidance at each step of the whistleblowing process to facilitate efficient, compliant investigations and resolutions. ![Product showcase: Pre-vetted reporting templates](https://media.elker.com/de81ef71-bb75-430a-aaa8-b66814b583cc/pre-vetted-reporting-templates.png?width=992) [View all features →](/nz/features) ## Proven results for leading organisations in New Zealand 47% increase in employee willingness to report after Elker implementation 36% reduction in average investigation time through workflow automation 25% more whistleblowing reports actioned within 24 hours Elker combines industry expertise with comprehensive implementation support to deliver whistleblowing programs that go beyond compliance. From onboarding to analytics, Elker ensures a solution that protects your employees and strengthens your organisation's integrity. ## Your partners in due diligence Elker ensures compliance coverage and genuine cultural change by providing the tools to understand your people and operational risks. Health and Safety at Work Act 2015 Provide avenues for receiving information regarding incidents, hazards and risks. Make anonymous reporting part of your process to eliminate or minimise risks to health and safety. Protected Disclosures (Protection of Whistleblowers) Act 2022 Protect disclosers who make a protected disclosure through secure reporting and case management tools. Provide effective internal procedures and clear pathways to disclose serious wrongdoing. Human Rights Act 1993 Protect whistleblowers who make a protected disclosure. Prevent sexual harassment from occurring with tools for the early detection of misconduct. ## Enterprise-grade security and data protections - ISO 27001 certified - SOC2 attested - AES-256 encryption for data in transit and at rest - Regional data hosting to meet local data privacy requirements - Third-party security audits and penetration testing [Security page →](/nz/security) ![ISO 27001 Certified](https://media.elker.com/74edf326-f927-4feb-a180-31a49f65d64c/iso-27001-certified.svg)![SOC 2 Verified](https://media.elker.com/c39b77d4-a682-489b-8c92-e07bfbc4b5ad/soc-2-verified.svg) ![GDPR Certified](https://media.elker.com/5f1bdd7e-b5d7-4409-b80b-9c24ebafd34e/gdpr.png) ## Frequently asked questions A whistleblowing hotline is a secure channel for employees to report workplace misconduct, fraud, harassment, safety and environmental issues, and other ethical concerns. Digital whistleblowing hotlines like Elker provide multiple reporting options, advanced case management tools, and expert support to help organisations manage disclosures safely and compliantly. Elker offers support and industry expertise to help you develop a successful whistleblowing program. Our services include: - Consultation on setup and configuration, including intake methods, report categories, and workflows - Customisable, best-practice policy templates - Role-specific training for managers, report recipients, and investigators on compliant hotline management - Ongoing advisory services to help you interpret and comply with evolving whistleblowing regulations - Case management tools that streamline report handling, improve collaboration and generate audit-ready documentation - Advanced analytics and benchmarking to help you track program performance and mitigate risks Large companies and government agencies in Australia have whistleblowing obligations under laws like the Corporations Act, Taxation Administration Act, and public-sector legislation like the Public Interest Disclosure Act. Elker's advisory team can help you determine which national laws and whistleblower protections your hotline needs to comply with based on your industry and jurisdiction. Elker makes it easy for employees to speak up while streamlining report management for your business. With intelligent workflows and data analytics, our hotline enables you to detect and prevent misconduct proactively. You'll also benefit from expert guidance to implement a successful and compliant program. Elker's digital whistleblowing hotline allows employees to confidentially report a wide range of workplace misconduct, including but not limited to: - Fraud, bribery and financial improprieties - Harassment, discrimination and bullying - Workplace health and safety breaches - Data privacy violations and cybersecurity concerns - Legal and regulatory non-compliance - Unethical conduct and breaches of company policies By providing a secure, independent channel for reporting wrongdoing, Elker empowers your employees to speak up and play an active role in maintaining an ethical, compliant workplace. Protecting whistleblower identities is a core capability of Elker's system. Our digital hotline allows employees to remain anonymous, without fear of retaliation or detrimental conduct. The platform helps organisations comply with confidentiality requirements in whistleblower laws. **Core safeguards include:** - Secure, encrypted submission form and 2-way chat that does not collect identifying data - Option to remain completely anonymous throughout the reporting and investigation process - Strict access controls that restrict the visibility of report details to authorised personnel only - Compliance with data privacy regulations and whistleblower protection laws Elker's security-first architecture and governance features ensure employees can trust our hotline service to protect their confidentiality when reporting sensitive concerns. Visit our Security page for further information. Whistleblowing legislation varies by country and industry, but some key laws and standards to be aware of include: - Australia: Corporations Act, Public Interest Disclosure Act, Treasury Laws Amendment (Enhancing Whistleblower Protections) Act, and ASIC Regulatory Guide 270 - United States: Sarbanes-Oxley Act, Dodd-Frank Act, and SEC Office of the Whistleblower program - EU countries: EU Whistleblower Protection Directive (Directive 2019/1937) - United Kingdom: Public Interest Disclosure Act (PIDA) Specific sectors, such as financial services and government, may have additional regulatory requirements. Elker stays current with the latest whistleblowing laws across the globe to help you implement a hotline program that meets your unique compliance obligations. Implementing an effective whistleblowing system requires careful planning and execution. Some key best practices include: 1. Develop clear policies: Establish a comprehensive whistleblowing policy that defines reportable issues, investigation procedures, confidentiality protections, and anti-retaliation measures. Elker provides customisable policy templates to simplify this process. 2. Raise awareness: Communicate the existence and purpose of your whistleblowing hotline to all employees, managers, and senior people. Use multiple channels like email, intranet, posters, and town halls to spread the word and encourage usage. 3. Provide training: Educate employees on how to identify and report misconduct through your digital hotline. Train designated personnel on how to receive, investigate, and resolve whistleblowing reports appropriately. Elker offers comprehensive eLearning and in-person training options. 4. Monitor and measure: Regularly review key metrics like reporting volume, case closure times, and substantiation rates to gauge the effectiveness of your hotline program. Elker's analytics dashboard provides real-time insights to help you spot trends and drive continuous improvement. By following these practices and partnering with an experienced whistleblowing service provider like Elker, you can implement a hotline that detects and deters unethical conduct. An effective whistleblowing system offers multiple advantages for organisations of all sizes and industries. Key benefits include: - **Early risk detection:** Whistleblowing hotlines enable employees to report potential misconduct, fraud, safety hazards, and other risks at the earliest stages, allowing your company to investigate and mitigate issues before they escalate. - **Improved legal compliance:** Meeting whistleblowing obligations under the Corporations Act, Sarbanes-Oxley, and other national laws helps your organisation avoid costly penalties and maintain good standing with regulators. - **Reduced financial losses:** The Association of Certified Fraud Examiners estimates that companies with hotlines detect fraud 33% faster and experience 50% smaller losses per case than those without reporting channels. - **Stronger ethical culture:** Providing a safe, accessible avenue for employees to speak up about wrongdoing sends a powerful message that your organisation prioritises integrity, accountability, and transparency. Reputational protection: Proactively identifying and addressing misconduct through a whistleblowing hotline helps preserve stakeholder trust and mitigate the risk of public scandal. ## Who uses Elker? Elker is recognised as a trusted solution across all industries. Building **trust and transparency** with Interested to find out more? See how Elker can help with compliance and build a culture of accountability and trust in your organisation. [Book a demo](/nz/book-demo) [Get a quote →](/nz/pricing) --- url: https://elker.com/nz/solutions/whistleblowing-platform title: "Speak Safely With Elker’s Whistleblowing Platform" description: "Identify and prevent misconduct. Elker transforms whistleblowing from a reactive to a proactive process to mitigate risk and enhance ethical culture." locale: en-NZ generated: 2026-07-01T14:05:45.380Z --- # Speak Safely With Elker’s Whistleblowing Platform Identify and prevent misconduct. Elker transforms whistleblowing from a reactive to a proactive process to mitigate risk and enhance ethical workplace culture. ## How the Elker platform works Secure intake Safeguard the identity of whistleblowers with an accessible, anonymous channel to speak up safely Intelligent handling Streamline issue management from report to resolution with intelligent routing, automations and collaborative tools Actionable insights Leverage real-time analytics to identify and address emerging risks and measure program effectiveness ## The leading platform for whistleblower disclosures ![Secure & accessible reporting with Elker](https://media.elker.com/c076908e-c597-4956-b3d7-5b1882a9d7d8/elker-ios-android-app.png) ![Intelligent case management with Elker](https://media.elker.com/08a86b1c-29ae-4c40-89e1-be4e989423ba/feature-case-management.png) ![Realtime data analytics with Elker](https://media.elker.com/1dfb2744-4ff8-47e8-a173-417a2374f6fd/analytics-and-trends-static.png) ![Expert guidance and support with Elker](https://media.elker.com/8b527d02-f12a-4ac7-8425-38b2ecae7f3e/performance-and-conduct-static.png) Secure & accessible reporting Elker enables employees to safely report concerns anytime, anywhere through encrypted web, iOS, and Android apps with customisable forms and workflows. Intelligent case management Centralise investigations in Elker's powerful case hub, featuring built-in collaboration tools, granular permissions, and audit-ready documentation. Realtime data analytics Transform your reporting data into a proactive risk management asset with Elker's real-time dashboards, intuitive visualisation tools, and benchmarking capabilities. Expert guidance and support From system setup to ongoing optimisation, Elker's advisory team provides comprehensive support, training, and strategic guidance to ensure program success. ## Safeguarding sensitive reporting data - ISO 27001 certified - SOC2 attested - AES-256 encryption for data in transit and at rest - Regional data hosting to meet local data privacy requirements - Third-party security audits and penetration testing [Security page →](/nz/security) ![ISO 27001 Certified](https://media.elker.com/74edf326-f927-4feb-a180-31a49f65d64c/iso-27001-certified.svg)![SOC 2 Verified](https://media.elker.com/c39b77d4-a682-489b-8c92-e07bfbc4b5ad/soc-2-verified.svg) ![GDPR Certified](https://media.elker.com/5f1bdd7e-b5d7-4409-b80b-9c24ebafd34e/gdpr.png) ## Strengthen your compliance processes Elker ensures compliance coverage and genuine cultural change by providing the tools to understand your people and operational risks. Health and Safety at Work Act 2015 Provide avenues for receiving information regarding incidents, hazards and risks. Make anonymous reporting part of your process to eliminate or minimise risks to health and safety. Protected Disclosures (Protection of Whistleblowers) Act 2022 Protect disclosers who make a protected disclosure through secure reporting and case management tools. Provide effective internal procedures and clear pathways to disclose serious wrongdoing. Human Rights Act 1993 Protect whistleblowers who make a protected disclosure. Prevent sexual harassment from occurring with tools for the early detection of misconduct. ![Hero image: Ethics hotline for prevention of misconduct and business integrity](https://media.elker.com/0df11255-4a97-4bb7-920f-42792a346a76/elker-page-break-image-3.png?width=992) ## Conduct internal investigations with integrity Elker is an advanced whistleblowing platform built to protect those who speak up. Elker equips organisations with the tools needed to manage disclosures, investigate concerns, and safeguard the integrity of reports. With anonymous pathways, intelligent case management tools, and real-time analytics, our platform enables efficient, compliant issue resolution. Elker is more than just software. Our team brings decades of experience in developing whistleblowing programs that meet the unique needs of New Zealand businesses. We provide comprehensive support and strategic guidance to help you mitigate risks, navigate regulatory requirements and drive meaningful change. ## See Elker in action ## Frequently Asked Questions A whistleblowing platform is a secure communication and case management system that allows employees and other stakeholders to report suspected misconduct, breaches, or concerns without fear of retaliation. Whistleblowing software provides accessible reporting channels, case management tools, and data protection measures to facilitate effective issue resolution and compliance with relevant whistleblower protection laws. Whistleblowing can encompass a range of reports about suspected wrongdoing, unethical conduct, or dangerous practices. Some common examples include: - Fraud, bribery or other financial crimes - Harassment, discrimination, or workplace bullying - Violations of health and safety regulations - Data privacy breaches or improper handling of confidential information - Environmental hazards or sustainability issues - Conflicts of interest, nepotism, or other abuses of power - Retaliation against employees who raise concerns When evaluating whistleblowing software, you should consider: - **Accessibility:** Multiple, user-friendly reporting channels (e.g., web, mobile app, hotline) that cater to different communication preferences - **Security:** Strong data encryption, access controls, and privacy safeguards to protect whistleblower identities and prevent unauthorised disclosures - **Anonymity:** Option for whistleblowers to remain anonymous or limit identity disclosure - **Case management features:** Centralised tools for efficiently receiving, investigating, and resolving reports, including features like real-time collaboration, task assignment, and audit trails - **Compliance alignment:** Built-in policy templates, workflows, and reporting functionality to comply with relevant whistleblowing laws and regulations, such as the Corporations Act - **Customisation:** Ability to tailor forms, workflows, data fields, and access rules to the unique needs and risk profile of the organisation - **Analytics and reporting:** Dashboard and data analysis tools to track key performance indicators, identify trends, and measure program health over time - **Expert support:** Access to subject matter experts for guidance on regulatory requirements, best practices, implementation, and cultural change management Ultimately, good whistleblowing software should protect whistleblowers and equip organisations to respond effectively. Protecting whistleblowers is at the core of Elker. Our platform incorporates multiple layers of security to safeguard the identities and data of those who report concerns: - **Encryption:** All data is encrypted in transit and at rest using industry-standard protocols, ensuring that sensitive information cannot be intercepted or accessed by unauthorised parties. - **Secure hosting:** Elker is ISO 27001 certified and hosted on ISO 27001 and SOC 2-certified infrastructure, adhering to the strictest standards for data protection, privacy, and availability. - **Granular access controls:** Our platform provides customisable user roles and permissions to limit access to sensitive whistleblowing data. All system activity is logged for auditing purposes. - **Anonymous reporting:** Whistleblowers can choose to submit reports completely anonymously, without providing any identifying information. Our system never collects IP addresses or other metadata that could compromise anonymity. In addition to these technical safeguards, our team of experts can help organisations develop policies and best practices from initial intake through investigation and resolution. A successful whistleblowing system is a critical component of an organisation's risk management framework. By providing a confidential, accessible channel for employees and stakeholders to report concerns, companies can proactively identify and address misconduct before it escalates into legal action, financial losses, or reputational damage. Some key benefits of a robust whistleblowing program include: - **Early detection:** Empowering employees to speak up enables organisations to uncover potential fraud, harassment, safety hazards, or other risks at the earliest stages when they are easier and less costly to remediate. - **Reduced liability:** Promptly investigating and resolving reported issues can help mitigate the risk of regulatory penalties, lawsuits, and other legal liabilities. - **Improved compliance:** A well-implemented whistleblowing system demonstrates a commitment to ethical conduct and good governance, enhancing the organisation's standing with regulators, investors, and the public. - **Stronger culture:** Encouraging openness and accountability through a speak-up program can foster a more positive, transparent workplace culture that attracts and retains talent. - **Reputation and resilience:** By proactively addressing concerns, it positions the organisation to respond effectively to any negative publicity, minimising lasting reputational harm. Elker's comprehensive whistleblowing solution is designed to help organisations realise these benefits through a combination of advanced technology, regulatory expertise, and change management support. Our secure platform enables companies to build a robust speak-up process that detects risks, demonstrates integrity, and protects corporate reputation. ## Who uses Elker? See how Elker is used in your industry. Building **trust and transparency** with Interested to find out more? See how Elker can help with compliance and build a culture of accountability and trust in your organisation. [Book a demo](/nz/book-demo) [Get a quote →](/nz/pricing) --- url: https://elker.com/nz/solutions/workplace-investigation-software title: "Secure Workplace Investigation Software | New Zealand" description: "Streamline workplace investigations with Elker's secure, comprehensive software. Protect whistleblowers, ensure compliance, and drive cultural change." locale: en-NZ generated: 2026-07-01T14:05:45.429Z --- # Secure workplace investigation software Elker streamlines anonymous workplace reporting and investigation processes to drive meaningful cultural change. ## Transforming workplace investigations ### Holistic case management Access all reports and processes in a central location, from anonymous reporting to resolution. ### Cultural intelligence Identify trends and risks proactively through advanced analytics to address root causes and inform strategic interventions. ### Expert guidance Access Elker's 20+ years of experience in dispute systems design to guide policy creation, communication, workflow customisation and training. Key features ## From report to resolution ![Anonymous reporting with Elker](https://media.elker.com/5cfeaa8c-2d96-4272-b445-14aa107c5311/speak-up-static.png) ![Intelligent workflows with Elker](https://media.elker.com/08a86b1c-29ae-4c40-89e1-be4e989423ba/feature-case-management.png) ![Actionable insights with Elker](https://media.elker.com/3ddb8f50-32da-4f3e-a29a-e1a2d9b152c5/psychosocial-hazards-and-risks-static.png) ![Expert collaboration with Elker](https://media.elker.com/8b527d02-f12a-4ac7-8425-38b2ecae7f3e/performance-and-conduct-static.png) ![Seamless integrations with Elker](https://media.elker.com/63c7a307-ca49-4004-ac84-7220d1d80f77/features-analytics.png) Anonymous reporting Protect whistleblowers with secure, confidential reporting channels and identity safeguards Intelligent workflows Streamline case management with customisable forms, automatic routing, and built-in communication tools. Actionable insights Transform incident data into cultural intelligence to monitor key risk indicators and measure program impact. Expert collaboration Engage authorised legal counsel and external partners securely within the platform for efficient case coordination. Seamless integrations Connect with EAP and other HR systems for holistic employee support and efficient data management. ## See how Elker works ## Why choose Elker for your workplace investigation software ### Domain expertise Access Elker's unmatched domain expertise, policy templates, training, and guidance to ensure program effectiveness. ### Measurable cultural transformation We partner closely with you to drive meaningful change in your organisation, backed by data. ### Regulatory alignment Our solutions adapt to New Zealand regulatory requirements to help you stay compliant. ### Advanced insights Identify hidden risks and track key cultural metrics through sophisticated data analytics. ![Hero image: Whistleblowing system for business transparency and integrity](https://media.elker.com/0db7732a-321a-4755-a319-b94bdfdd9049/elker-page-break-image-2.png?width=992) ## Conduct internal investigations with integrity Elker is the leading workplace investigations tool, designed to help organisations resolve issues efficiently and drive cultural transformation. Elker allows teams to manage the full investigation lifecycle in a secure, centralised platform that streamlines processes and reduces manual effort. With over 20 years of experience in dispute resolution, Elker guides policy development, training, and ongoing optimisation. Our proven approach ensures long-term success in fostering a speak-up culture, mitigating risk, and cultivating a safer, more resilient workplace. ## Enterprise security and data privacy controls - ISO 27001 certified - SOC2 attested - AES-256 encryption for data in transit and at rest - Regional data hosting to meet local data privacy requirements - Third-party security audits and penetration testing [Security page →](/nz/security) ![ISO 27001 Certified](https://media.elker.com/74edf326-f927-4feb-a180-31a49f65d64c/iso-27001-certified.svg)![SOC 2 Verified](https://media.elker.com/c39b77d4-a682-489b-8c92-e07bfbc4b5ad/soc-2-verified.svg) ![GDPR Certified](https://media.elker.com/5f1bdd7e-b5d7-4409-b80b-9c24ebafd34e/gdpr.png) ## Full compliance coverage Elker helps your organisation navigate New Zealand's compliance landscape. Health and Safety at Work Act 2015 Provide avenues for receiving information regarding incidents, hazards and risks. Make anonymous reporting part of your process to eliminate or minimise risks to health and safety. Protected Disclosures (Protection of Whistleblowers) Act 2022 Protect disclosers who make a protected disclosure through secure reporting and case management tools. Provide effective internal procedures and clear pathways to disclose serious wrongdoing. Human Rights Act 1993 Protect whistleblowers who make a protected disclosure. Prevent sexual harassment from occurring with tools for the early detection of misconduct. ## Who uses Elker? Find out how Elker supports your industry. Building **trust and transparency** with Interested to find out more? See how Elker can help with compliance and build a culture of accountability and trust in your organisation. [Book a demo](/nz/book-demo) [Get a quote →](/nz/pricing) --- url: https://elker.com/nz/use-cases/aged-care-disability-services title: "Incident Management System for Aged Care Providers" description: "Incident reporting for aged care and disability providers. SIRS-aligned and NDIS-compliant case management built for the Aged Care Act 2024 and NDIS QSC." locale: en-NZ generated: 2026-07-01T14:05:45.511Z --- Aged care & disability # Improve the quality of aged care & disability support with anonymous reporting Elker streamlines your complaints process, provides trauma-informed case management and keeps your organisation compliant through best practices. ![Product showcase: psychosocial hazards and risks identified](https://media.elker.com/3ddb8f50-32da-4f3e-a29a-e1a2d9b152c5/psychosocial-hazards-and-risks-static.png?width=992) 1/3 Children and vulnerable adults in care from 1950 to 2019 were abused[](https://www.aljazeera.com/news/2024/11/13/why-new-zealands-pm-has-apologised-to-200000-abused-in-state-care) Māori Affected disproportionately, reflecting broader systemic inequalities[](https://www.abuseincare.org.nz/reports/whanaketia/part-2/chapter-8) 138 Recommendations aimed at systemic reform and redress[](https://www.abuseincare.org.nz/reports/whanaketia) ![Elker assists the aged care and disability support sector with safer services and trauma-informed case management](https://media.elker.com/2d426ca3-5de4-471e-b16a-758bc4d4cd2c/hero-image-aged-care-disability-support-nz.png?width=992) ## Reduce barriers to reporting incidents The Royal Commission of Inquiry into Abuse in State Care and in the Care of Faith-Based Institutions' final report, called Whanaketia, highlighted the importance of protecting vulnerable people through better training, clear policies and stronger systems for disclosing incidents of abuse and neglect. The Commission's [138 recommendations](https://www.abuseincare.org.nz/reports/whanaketia/part-9/chapter-9) outline the need for accessible complaint systems, proper record-keeping, strong whistleblower protections, and transparent investigation procedures. These safeguarding measures represent best practice for protecting all vulnerable people. Anonymous reporting is important as it allows concerns to be raised without fear of reprisal, creating safer environments for both care recipients and staff. Elker supports the recommendations through secure reporting pathways that protect the identities of reporters. The system provides comprehensive record management with full audit trails while making reporting accessible to all care recipients, families, and staff through multi-language support and intuitive interfaces. Elker's advanced reporting tools also help identify patterns of concern before they escalate, allowing providers to take preventative action. Features ## Tools to speak up safely Elker helps detect and respond to issues early through secure, anonymous reporting, efficient case handling tools and real-time analytics dashboards. ### Anonymous reporting Elker ensures a confidential environment where residents, families, and staff can report incidents without fear of reprisal. Report as an individual or with a group, select the best reporting pathway for your incident, and report anonymously or with your identity. ![Product showcase: anonymous public interest disclosures](https://media.elker.com/80880c04-1ed6-44a7-96e4-05f8c5049b39/public-interest-disclosures-static.png?width=992) ### Expert guidance Customisable pathways guide older people and people with disabilities in navigating the incident reporting process easily. ![Product showcase: Case management evidence attachment](https://media.elker.com/a5a7f743-330e-44d6-ba1d-77c33bf2155c/case-management-analytics-static.png?width=992) ### Efficient case management Elker streamlines the process of handling reports from initial intake to resolution, ensuring that incidents are addressed promptly and cases comprise a clear audit trail. ![Product showcase: Workplace health and safety incident management](https://media.elker.com/a91e54f0-3e90-4269-88b2-c9f30a5eb6d8/workplace-health-and-safety-and-incident-static.png?width=992) ### Real-time analytics Gain instant insights into the types and frequency of reported incidents, allowing service providers to identify trends and implement targeted interventions to address issues. ![Product showcase: Workplace health and safety incident management](https://media.elker.com/a91e54f0-3e90-4269-88b2-c9f30a5eb6d8/workplace-health-and-safety-and-incident-static.png?width=992) ### Trauma-informed response templates Create templates to respond safely, provide trauma-informed support and help students stay anonymous. ![Product showcase: Pre-vetted reporting templates](https://media.elker.com/de81ef71-bb75-430a-aaa8-b66814b583cc/pre-vetted-reporting-templates.png?width=992) ### Post-incident evaluation surveys Use survey data to implement responsive actions, ensuring that the aged care and disability support provider's approach to handling incidents evolves based on feedback and insights from the community. ![Product showcase: Reporter experience surveys](https://media.elker.com/3210b8db-7e52-4351-8bfd-0860cdcb76a7/reporter-experience-survey.png?width=992) [View all features →](/nz/features) ## Ensuring compliance with Elker Elker ensures compliance coverage and genuine cultural change by providing the tools to understand your organisation and its risks. Health and Safety at Work Act 2015 Provide avenues for receiving information regarding incidents, hazards and risks. Make anonymous reporting part of your process to eliminate or minimise risks to health and safety. Protected Disclosures (Protection of Whistleblowers) Act 2022 Protect disclosers who make a protected disclosure through secure reporting and case management tools. Provide effective internal procedures and clear pathways to disclose serious wrongdoing. Human Rights Act 1993 Protect whistleblowers who make a protected disclosure. Prevent sexual harassment from occurring with tools for the early detection of misconduct. ## Enterprise data security and privacy protections - ISO 27001 certified - SOC2 attested - AES-256 encryption for data in transit and at rest - Regional data hosting to meet local data privacy requirements - Third-party security audits and penetration testing ![ISO 27001 Certified](https://media.elker.com/74edf326-f927-4feb-a180-31a49f65d64c/iso-27001-certified.svg)![SOC 2 Verified](https://media.elker.com/c39b77d4-a682-489b-8c92-e07bfbc4b5ad/soc-2-verified.svg) ![GDPR Certified](https://media.elker.com/5f1bdd7e-b5d7-4409-b80b-9c24ebafd34e/gdpr.png) ## Frequently asked questions Elker is specifically designed to address the unique challenges faced by aged care and disability support services to protect vulnerable people. Elker is an anonymous reporting platform that encourages staff, residents, and families to speak up about concerns without fear of reprisal. We understand the specific compliance requirements and operational realities of the industry, and our platform has been implemented across numerous organisations, including YoungCare, Choices and Rights, and Catholic Care. Elker enhances the quality of care by uncovering issues that might otherwise remain hidden. Our platform streamlines complaint management, reduces administrative burden, and generates valuable insights to inform initiatives. As sector-specific legislation continues to evolve, Elker remains at the forefront of regulatory changes. Elker is designed with adaptability as a core principle. We recognise the diverse service models across the aged care and disability support sectors. Whether you operate across multiple locations, deliver both residential and in-home services, have specific accreditation requirements, or need to align with particular governance frameworks, Elker can be configured to match your organisation's needs. Our implementation team works closely with your staff to tailor reporting pathways, case management workflows, and analytics dashboards to reflect your specific operational structure. For organisations with complex reporting needs or specialised service delivery models, we customise the platform to ensure seamless integration with your existing processes. ### Background on the Royal Commission of Inquiry The Royal Commission of Inquiry into Abuse in State Care and in the Care of Faith-based Institutions was established in 2018 to investigate the abuse of children, young people, and vulnerable adults in care between 1950 and 1999. This was one of New Zealand's largest and most significant inquiries, designed to acknowledge the experiences of survivors, examine systemic failures, and recommend changes to prevent future abuse. The Commission released its final report in 2024, documenting extensive evidence of physical, sexual, psychological abuse and neglect in care settings. The report highlighted disproportionate impacts on Māori, Pacific peoples, disabled individuals, and other vulnerable groups. ### Puretumu Torowhānui Scheme "Puretumu torowhānui" is a te reo Māori term meaning "comprehensive redress." The scheme represents a significant shift from previous fragmented approaches to a holistic, survivor-centred system for addressing historical abuse in care. Key elements of the puretumu torowhānui scheme include: 1. **Independent redress authority**: A dedicated body to oversee the redress process, separate from the institutions where abuse occurred. 2. **Multiple pathways for redress**: Financial compensation, apologies, counselling services, education support, cultural healing, and community reconnection. 3. **Survivor-centred approach**: Prioritising survivors' voices, needs, and cultural contexts throughout the process. 4. **Recognition of cultural harm**: Acknowledging specific harms to Māori through disconnection from whānau, language, and culture. 5. **Reduced barriers to access**: Simplified processes, support for applicants, and reduced evidentiary requirements compared to court proceedings. 6. **Accountability mechanisms**: Requirements for institutions to acknowledge harm, apologise, and commit to preventing future abuse. ### Recommendations 63 & 65: Safeguarding policies and complaint procedures Elker enables organisations to implement and manage robust safeguarding policies by providing structured workflows for complaints and incidents. The system includes whistleblower protections through anonymous reporting options and clear documentation of how complaints will be investigated and resolved. The multilingual interface and intuitive design make reporting accessible to diverse populations and vulnerable groups. ### Recommendation 81: Record-keeping principles Elker's audit trail functionality ensures full and accurate records are created and maintained for all incidents and responses. The system maintains a complete history of all actions taken, supporting accountability and transparency. ### Recommendation 101: Reducing barriers to disclosure Elker reduces barriers to disclosure through the platform's accessible design and flexible reporting options. The platform allows for various forms of disclosure, from formal complaints to anonymous concerns, making it easier for individuals to report issues in ways that feel safe for them. Training modules for responders further support a trauma-informed approach to handling disclosures. Building **trust and transparency** with Interested to find out more? See how Elker can help with compliance and build a culture of accountability and trust in your organisation. [Book a demo](/nz/book-demo) [Get a quote →](/nz/pricing) --- url: https://elker.com/nz/use-cases/businesses title: "Anonymous Reporting Platform for New Zealand Businesses" description: "Speak-up platform for New Zealand businesses. Meet Protected Disclosures Act obligations with Elker's confidential reporting. Trusted by leading organisations." locale: en-NZ generated: 2026-07-01T14:05:45.555Z --- Businesses # Lead in safety and compliance with anonymous reporting tools Address misconduct, sexual harassment and discrimination in the workplace with secure reporting, comprehensive case management, pulse surveys and analytics. Features ## Secure reporting. Clear insights. Safer workplaces. Elker does more than just anonymous reporting. Our platform is equipped with pulse surveys, analytics and secure case management tools that facilitate the early detection of issues in your business. ### Anonymous reporting Detect and resolve workplace issues securely. Elker features a truly anonymous environment for employees to report issues such as misconduct, harassment, discrimination and fraud. ![Product showcase: Speak-up reporting system disclosure intake](https://media.elker.com/5cfeaa8c-2d96-4272-b445-14aa107c5311/speak-up-static.png?width=992) ### Case management Comprehensive triage and case management tools transition reports into trackable cases with a clear audit trail. Efficient tools and automations save your team hours on categorisation, alerts and sharing. ![Product showcase: Performance and Conduct Static](https://media.elker.com/8b527d02-f12a-4ac7-8425-38b2ecae7f3e/performance-and-conduct-static.png?width=992) ### Secure case sharing Collaborate seamlessly and securely with legal counsel and third-party professionals. Ensure that data remains confidential from report to resolution. ![Product showcase: Connect third-party counsel and advisors to anonymous reports securely](https://media.elker.com/e35806a2-80c1-4d2c-8ed4-769216e8d7da/product-features-secure-third-party-connect.png?width=992) ### Trends and analytics Access comprehensive insights into workplace trends, highlighting areas needing intervention. Enhance decision-making and promote a proactive approach to risk management. ![Product showcase: Analytics and Trends Static](https://media.elker.com/1dfb2744-4ff8-47e8-a173-417a2374f6fd/analytics-and-trends-static.png?width=992) [View all features →](/nz/features) ## Maintain the highest standards of data security - ISO 27001 certified - SOC2 attested - AES-256 encryption for data in transit and at rest - Regional data hosting to meet local data privacy requirements - Third-party security audits and penetration testing [Security page →](/nz/security) ![ISO 27001 Certified](https://media.elker.com/74edf326-f927-4feb-a180-31a49f65d64c/iso-27001-certified.svg)![SOC 2 Verified](https://media.elker.com/c39b77d4-a682-489b-8c92-e07bfbc4b5ad/soc-2-verified.svg) ![GDPR Certified](https://media.elker.com/5f1bdd7e-b5d7-4409-b80b-9c24ebafd34e/gdpr.png) ## Ensuring compliance with Elker Elker simplifies compliance for New Zealand businesses, addressing due diligence and best practices in one platform. Health and Safety at Work Act 2015 Provide avenues for receiving information regarding incidents, hazards and risks. Make anonymous reporting part of your process to eliminate or minimise risks to health and safety. Protected Disclosures (Protection of Whistleblowers) Act 2022 Protect disclosers who make a protected disclosure through secure reporting and case management tools. Provide effective internal procedures and clear pathways to disclose serious wrongdoing. Human Rights Act 1993 Protect whistleblowers who make a protected disclosure. Prevent sexual harassment from occurring with tools for the early detection of misconduct. ## What you don't know can hurt you 1.5x Annual salary The cost of replacing an employee 46% Businesses Reported experiencing economic crime in the past 24 months $2.6 Billion Lost in productivity connected to sexual harassment Without clear reporting systems, problems often remain hidden for years before becoming serious issues. The financial impact on companies is significant, from poor employee retention and productivity losses to costly litigation. ## Safeguarding your business' integrity and trust Non-compliance, [employee misconduct](/nz/articles/dealing-with-workplace-misconduct) and [toxic workplaces](/nz/articles/signs-of-a-toxic-workplace) cost New Zealand businesses significantly. Beyond the immediate financial burden, they can lead to decreased employee retention, with talented individuals leaving for [more inclusive environments](/nz/articles/respect-in-the-workplace). Litigation can be costly, consuming resources and damaging a company's reputation. This reputational harm can impact partnerships, customer trust, and market positioning. Elker offers a solution to these challenges. With its advanced [whistleblowing](/nz/articles/what-is-whistleblowing), anonymous [reporting and feedback tools](/nz/articles/anonymous-employee-feedback), Elker helps businesses detect and address workplace concerns early. This proactive approach ensures compliance with Respect at Work reforms and cultivates a speak-up culture where employees feel secure and valued. By integrating Elker, businesses are better positioned to manage the complexities of the modern workplace, maintaining a resilient, compliant, and thriving environment. ## Frequently asked questions Elker's reporting system ensures that a whistleblower's identity remains anonymous and technically untraceable. Our platform operates on ISO 27001 standards. Our servers do not store any data, such as IP addresses, device details, or location information, that could reveal the whistleblower's identity. Whistleblowers can choose whether they wish to remain anonymous or disclose personal details. Regardless of their choice, the report's content is transmitted using AES-256 encryption for data at rest and in transit. Every business is unique, and the right whistleblowing tool should align with factors like your organisation's size, operational nature, industry risks, and regulatory commitments. Elker is designed with adaptability, modularity and personalisation built into its design. We ensure our platform integrates seamlessly into your processes, offering a human-centric experience that stands out in the market.  While other software tools offer anonymous reporting features, Elker's uniqueness lies in its personalised approach. We're not just about providing a tool; we're about fostering an environment of trust and transparency. And if there's a feature you believe would enhance your experience with Elker, we're all ears. We're continuously innovating, adding new features, and integrating client feedback into our platform. So, if you have a specific need or a question, don't hesitate to get in touch. We're here to ensure Elker works for you just as you want it. Getting started with Elker is straightforward and hassle-free. Begin by booking a demo in our calendar, where we'll give you a comprehensive tour of the platform and our dedicated mobile app. We'll discuss your unique business structure and specific requirements during this introductory meeting. After understanding your needs, we'll promptly email you a custom price structure tailored to your business. Getting set up with Elker is easy and tailored to fit seamlessly into your operations. Building **trust and transparency** with Interested to find out more? See how Elker can help with compliance and build a culture of accountability and trust in your organisation. [Book a demo](/nz/book-demo) [Get a quote →](/nz/pricing) --- url: https://elker.com/nz/use-cases/government title: "Manage Protected Disclosures and Maintain Integrity | Elker" description: "Protected disclosures platform for New Zealand public sector agencies. PDA 2022 case management with whistleblower protections for officials and contractors." locale: en-NZ generated: 2026-07-01T14:05:45.588Z --- # The leading platform for managing public integrity Elker's whistleblowing and case management tools help government agencies offer protected disclosures and protect people who speak up. Features ## Accountable governance through efficient reporting and case management ### Anonymous reporting Provide a safe and confidential channel for disclosing misconduct without fear of reprisal. Uncover issues early and implement targeted actions. ![Product showcase: Whistleblowing tool for employees - encrypted chat ](https://media.elker.com/b5c1df90-5211-4592-ab28-4f87a0e36147/whistleblowing-static.png?width=992) ### Case management Create actionable cases with secure audit trails, automations and alerts. Export reports that ensure case confidentiality. ![Product showcase: Case management evidence attachment](https://media.elker.com/a5a7f743-330e-44d6-ba1d-77c33bf2155c/case-management-analytics-static.png?width=992) ### Real-time data analytics Gain immediate insights into trends and identify areas for improvement. Use analytics to inform policy-making and risk-management strategies. ![Product showcase: Analytics and Trends Static](https://media.elker.com/1dfb2744-4ff8-47e8-a173-417a2374f6fd/analytics-and-trends-static.png?width=992) ### Anonymity and data integrity Protect sensitive data in transit and at rest with encryption that meets government standards. Ensure data is stored according to legislative requirements, with servers located within the jurisdiction. ![NZ Product showcase: Data privacy and security](https://media.elker.com/23a480a7-7076-4398-ae8b-64c3164d1019/nz-data-privacy-security.png?width=992) [View all features →](/nz/features) ## The highest standards of data security - ISO 27001 certified - SOC2 attested - AES-256 encryption for data in transit and at rest - Regional data hosting to meet local data privacy requirements - Third-party security audits and penetration testing [Security page →](/nz/security) ![ISO 27001 Certified](https://media.elker.com/74edf326-f927-4feb-a180-31a49f65d64c/iso-27001-certified.svg)![SOC 2 Verified](https://media.elker.com/c39b77d4-a682-489b-8c92-e07bfbc4b5ad/soc-2-verified.svg) ![GDPR Certified](https://media.elker.com/5f1bdd7e-b5d7-4409-b80b-9c24ebafd34e/gdpr.png) Building **trust and transparency** with Interested to find out more? See how Elker can help with compliance and build a culture of accountability and trust in your organisation. [Book a demo](/nz/book-demo) [Get a quote →](/nz/pricing) --- url: https://elker.com/nz/use-cases/peak-bodies title: "Misconduct Reporting Tools for Peak Bodies | Elker" description: "Member reporting platform for peak bodies and industry associations. Confidential disclosure of misconduct and integrity concerns across members." locale: en-NZ generated: 2026-07-01T14:05:45.633Z --- Peak bodies # Enhance accountability through anonymous reporting Elker equips peak bodies and associations with tools for receiving feedback and complaints. Empower your members and community to speak up about misconduct with anonymous reporting and comprehensive case management. ![Product showcase: Group reporting](https://media.elker.com/508aa44d-a6f4-4395-aa9e-4caaca0fa774/group-reporting.png?width=992) ## The importance of misconduct reporting in peak bodies 85% Organisations don't properly centralise data from feedback 75% Clients and members don't know where to take their reports, suggestions or feedback $10m Average cost of PR, legal and investigation costs where early detection of issues went unnoticed Elker's anonymous reporting platform provides a secure channel for members and the community to disclose misconduct, ensuring that issues are detected early and resolved promptly. Features ## Misconduct reporting tailored for peak bodies Anonymous reporting is essential for peak bodies, charities and associations fighting fraud, corruption, and sexual harassment. Elker excels as a preventive tool that detects internal issues early, helping organisations avoid costly legal disputes and protect their ethical integrity. ### Anonymous reporting Elker provides a confidential pathway for members and representatives to disclose misconduct, ensuring anonymity and safety. ![Product showcase: Whistleblowing tool for employees - encrypted chat ](https://media.elker.com/b5c1df90-5211-4592-ab28-4f87a0e36147/whistleblowing-static.png?width=992) ### Case management Streamline the process of managing reports, ensuring timely and appropriate responses to each case. Maintain detailed records and audit trails of each case, ensuring organisational transparency and accountability. ![Product showcase: Case management evidence attachment](https://media.elker.com/a5a7f743-330e-44d6-ba1d-77c33bf2155c/case-management-analytics-static.png?width=992) [View all features →](/nz/features) ## Ensuring compliance with Elker Elker simplifies compliance for Australian businesses, addressing key legislations and reforms on a single platform. In fact, we're the only platform that ensures alignment with all of the following: Sex Discrimination Act 1984 Meet the positive duty requirements with tools to proactively eliminate sexual harassment in the workplace. Workplace Health and Safety Act 2011 Detect and respond to psychosocial and physical risks. Corporations Act 2001 Investigate workplace whistleblowing disclosures while protecting reporter identities. Fair Work Act 2009 Track safety breaches and protect against discrimination in the workplace. ## Maintain the highest standards of data security - ISO 27001 certified - SOC2 attested - AES-256 encryption for data in transit and at rest - Regional data hosting to meet local data privacy requirements - Third-party security audits and penetration testing [Security page →](/nz/security) ![ISO 27001 Certified](https://media.elker.com/74edf326-f927-4feb-a180-31a49f65d64c/iso-27001-certified.svg)![SOC 2 Verified](https://media.elker.com/c39b77d4-a682-489b-8c92-e07bfbc4b5ad/soc-2-verified.svg) ![GDPR Certified](https://media.elker.com/5f1bdd7e-b5d7-4409-b80b-9c24ebafd34e/gdpr.png) ## Frequently asked questions Elker's reporting system ensures that a whistleblower's identity remains anonymous and technically untraceable. Our platform operates on ISO 27001 standards. Our servers do not store any data, such as IP addresses, device details, or location information, that could reveal the whistleblower's identity. Whistleblowers can choose whether they wish to remain anonymous or disclose personal details. Regardless of their choice, the report's content is transmitted using AES-256 encryption for data at rest and in transit. Elker is a powerful tool for gathering anonymous feedback from members and enabling the confidential reporting of issues. This ensures that concerns are dealt with before they escalate into more significant problems. Elker's powerful analytics help identify trends across your membership base, providing insights to inform strategic decision-making efforts. Unlike other plug-and-play whistleblowing tools, Elker drives real transformation within your organisation and membership. Our team of experts works closely with you to implement customised reporting pathways that reflect your specific governance structures and member needs. With Elker, you're not just ticking compliance boxes – you're creating a culture of transparency and accountability that strengthens member trust and positions your organisation as a leader in ethical governance and member-focused service. Elker is designed with adaptability, modularity and personalisation built into its core. We recognise that every peak body has unique operational characteristics, industry considerations, and member relationships. Our team ensures the platform integrates seamlessly into your processes, adapting to your specific reporting pathways and case management needs.  If there's a feature you believe would enhance your experience with Elker, we're continuously innovating and integrating client feedback into our platform. Our goal is to provide more than just a reporting tool—we're committed to fostering an environment of trust and transparency that strengthens your relationship with members and stakeholders. Getting started with Elker is straightforward. Begin by [booking a demo](/nz/book-demo) in our calendar, where we'll discuss your organisation's challenges, structure, governance model, and specific requirements. After understanding your needs, we will promptly email you a custom price structure tailored to your organisation. Building **trust and transparency** with Interested to find out more? See how Elker can help with compliance and build a culture of accountability and trust in your organisation. [Book a demo](/nz/book-demo) [Get a quote →](/nz/pricing) --- url: https://elker.com/nz/use-cases/schools title: "Anonymous Reporting Tools for School Bullying and Misconduct" description: "Confidential student reporting tool for schools. Safe channels for reporting bullying, misconduct, and safety incidents. Designed for K-12 duty of care." locale: en-NZ generated: 2026-07-01T14:05:45.697Z --- Schools # Transform your school's culture with anonymous reporting Elker equips schools with reporting and case management tools to protect students and staff. Safeguard your school's integrity while building a culture of safety and trust. ![Elker's iOS and Android apps for anonymous reporting in the workplace](https://media.elker.com/c076908e-c597-4956-b3d7-5b1882a9d7d8/elker-ios-android-app.png?width=992) 1 in 4 Students experience bullying in school 58% Teachers experience moderate to high stress 85% Bullying incidents are witness by peers By strengthening your incident reporting and management system, Elker helps uphold the integrity of the school, building trust and confidence among students, parents, and the broader community. ![Hero image: School reporting system for student and staff safety](https://media.elker.com/bae8cbb1-1b6a-4d4d-a71e-8698b5082141/hero-image-school-reporting.png?width=992) ## Reduce barriers to reporting incidents at school Elker empowers schools to address bullying and misconduct through accessible, anonymous reporting. Fear of reprisal and lack of trust prevent many students from speaking up about bullying and teacher misconduct. By removing barriers to reporting, Elker ensures that incidents are brought to the attention of school authorities promptly, allowing for timely intervention and resolution. ### Anonymous reporting Elker ensures an anonymous environment where students and staff can report incidents and provide [feedback](/nz/articles/anonymous-employee-feedback) securely. ![Product showcase: Speak-up reporting system disclosure intake](https://media.elker.com/5cfeaa8c-2d96-4272-b445-14aa107c5311/speak-up-static.png?width=992) ### Group reporting Students can report individually or with a group while remaining anonymous if they choose. ![Product showcase: Group reporting](https://media.elker.com/508aa44d-a6f4-4395-aa9e-4caaca0fa774/group-reporting.png?width=992) ### Custom fields and pathways Workflows can be tailored to suit the reading level of your youngest students. Reporting steps are fully customised to include simple multiple choice, image and text fields, providing accessible pathways to report. ![Triage and case management tools](https://media.elker.com/08a86b1c-29ae-4c40-89e1-be4e989423ba/feature-case-management.png?width=992) ### Trauma-informed response templates Create templates to respond safely, provide trauma-informed support and help students stay anonymous. ![Product showcase: Pre-vetted reporting templates](https://media.elker.com/de81ef71-bb75-430a-aaa8-b66814b583cc/pre-vetted-reporting-templates.png?width=992) ### Efficient case management tools Streamline the process of handling reports and save hours of manual work. Create automations, custom notifications and rules that facilitate efficient case handling. ![Triage and case management tools](https://media.elker.com/08a86b1c-29ae-4c40-89e1-be4e989423ba/feature-case-management.png?width=992) ### Real-time analytics Gain instant insights into the types and frequency of reported incidents and implement targeted interventions to address emerging issues. ![Product showcase: Analytics and Trends Static](https://media.elker.com/1dfb2744-4ff8-47e8-a173-417a2374f6fd/analytics-and-trends-static.png?width=992) [View all features →](/nz/features) ## See how Elker works ## Maintain the highest standards of data security - ISO 27001 certified - SOC2 attested - AES-256 encryption for data in transit and at rest - Regional data hosting to meet local data privacy requirements - Third-party security audits and penetration testing [Security page →](/nz/security) ![ISO 27001 Certified](https://media.elker.com/74edf326-f927-4feb-a180-31a49f65d64c/iso-27001-certified.svg)![SOC 2 Verified](https://media.elker.com/c39b77d4-a682-489b-8c92-e07bfbc4b5ad/soc-2-verified.svg) ![GDPR Certified](https://media.elker.com/5f1bdd7e-b5d7-4409-b80b-9c24ebafd34e/gdpr.png) ## Frequently asked questions Elker offers schools a platform that addresses the unique reporting barriers faced by students and staff. Unlike general-purpose reporting tools, Elker features age-appropriate interfaces and trauma-informed language that can be tailored to suit students from primary through secondary levels.  Our expert implementation team works directly with school leadership to ensure the platform integrates with existing tools, well-being frameworks and school policies. Elker transforms how schools address bullying, misconduct and safety concerns by removing the fear and stigma associated with speaking up. The platform empowers students who might otherwise remain silent to report incidents anonymously, allowing your school to intervene before situations escalate. Beyond addressing student-to-student issues, Elker provides a secure channel to report concerns that students or parents might be reluctant to raise directly. The platform's analytics capabilities help identify recurring issues or locations where incidents frequently occur, enabling targeted preventative measures. By implementing Elker, schools demonstrate their commitment to student wellbeing and create learning environments where all members of the community feel safe, respected and heard. Elker is designed with flexibility at its core. Whether you're a small primary school, a large secondary college, or an independent school, Elker can be configured to align with your specific procedures. Our implementation team works closely with your school to customise reporting pathways according to age appropriateness, literacy levels, and the specific types of incidents relevant to your environment. For schools with multiple campuses or complex structures, Elker's case management system can be tailored to route reports to appropriate staff members while maintaining confidentiality. We understand that schools have unique cultural considerations and regulatory obligations, which is why we ensure Elker works the way your school needs it to—supporting your existing wellbeing framework rather than requiring you to adapt to our system. Building **trust and transparency** with Interested to find out more? See how Elker can help with compliance and build a culture of accountability and trust in your organisation. [Book a demo](/nz/book-demo) [Get a quote →](/nz/pricing) --- url: https://elker.com/nz/use-cases/universities title: "Anonymous Reporting App for Universities | Elker" description: "Anonymous reporting app for universities. Confidential student safety and staff disclosure aligned with the National Higher Education Code (GBV)." locale: en-NZ generated: 2026-07-01T14:05:45.735Z --- Universities # Tackle sexual harassment and assault on campus with speak-up Elker equips higher education institutions with the tools to protect the safety and well-being of their students and staff.  ![Elker's iOS and Android apps for anonymous reporting in the workplace](https://media.elker.com/c076908e-c597-4956-b3d7-5b1882a9d7d8/elker-ios-android-app.png?width=992) Features ## Secure reporting. Clear insights. Data-driven change. ### Anonymous reporting Receive truly anonymous disclosures from students and staff. End-to-end encryption allows for the protection of the reporter's identity. ![Product showcase: Speak-up reporting system disclosure intake](https://media.elker.com/5cfeaa8c-2d96-4272-b445-14aa107c5311/speak-up-static.png?width=992) ### Efficient triage and case management Save countless hours of case management with automated routing, categorisation and alerts. Streamline the entire process of handling reports, from investigation to resolution. ![Product showcase: Performance and Conduct Static](https://media.elker.com/8b527d02-f12a-4ac7-8425-38b2ecae7f3e/performance-and-conduct-static.png?width=992) ### Real-time analytics with de-identified data Identify trends in reported incidents, enabling proactive initiatives to enhance campus safety. Customise analytics dashboards to analyse specific times, departments, or types of incidents, providing a detailed understanding of campus safety. ![Product showcase: psychosocial hazards and risks identified](https://media.elker.com/3ddb8f50-32da-4f3e-a29a-e1a2d9b152c5/psychosocial-hazards-and-risks-static.png?width=992) ### Post-incident surveys Automate follow-up surveys to understand how the resolution process was managed. Use survey data to continually refine and improve your approach to handling incidents. ![Product showcase: Feedback and suggestions](https://media.elker.com/2d20cb04-30d0-4d6a-a9ca-b46451e27281/feedback-and-suggestions-static.png?width=992) [View all features →](/nz/features) ## Security and data protection for students and staff - ISO 27001 certified - SOC2 attested - AES-256 encryption for data in transit and at rest - Regional data hosting to meet local data privacy requirements - Third-party security audits and penetration testing ![ISO 27001 Certified](https://media.elker.com/74edf326-f927-4feb-a180-31a49f65d64c/iso-27001-certified.svg)![SOC 2 Verified](https://media.elker.com/c39b77d4-a682-489b-8c92-e07bfbc4b5ad/soc-2-verified.svg) ![GDPR Certified](https://media.elker.com/5f1bdd7e-b5d7-4409-b80b-9c24ebafd34e/gdpr.png) ![Hero image: Speak up system for employees to report issues in the workplace](https://media.elker.com/da8c2602-db9c-41b6-b9c6-87d9f2bf449a/hero-background.png?width=992) ## A call to action for safer campuses A 2019 University of Otago study revealed alarming rates of sexual violence in New Zealand's tertiary institutions, with 28% of surveyed students reporting at least one form of sexual assault during their university experience, and 14.9% reporting experiences that meet the definition of rape. Demographic disparities are significant too, with Māori, female and LGBTQ+ students reporting high rates of sexual harassment and assault on campus. Tertiary institutions have obligations under the Human Rights Act 1993 to provide safe environments free from discrimination and harassment. New Zealand's tertiary institutions must prioritise developing clear reporting mechanisms, implementing consistent sexual misconduct policies, and addressing [underreporting of harassment](https://www.canta.co.nz/featured/e2igdt8idpfdzh38yr87zciq35nfh0) and assault on campus. Implementing Elker provides New Zealand tertiary institutions with anonymous reporting that reduces barriers to speaking up while enabling early detection of concerning patterns. The platform centralises investigations and simplifies case management, minimising the need for survivors to repeatedly recount their experiences to multiple staff and platforms. Its group reporting feature empowers students to speak out collectively rather than individually, particularly valuable in university settings where victims often know their abusers as friends or acquaintances. ## Frequently asked questions Speak-up software, otherwise known as an anonymous reporting platform, enables secure and anonymous reporting of concerns, issues, or incidents within an organisation or institution. For campuses, it provides students, staff, and faculty a safe channel to raise concerns about serious misconduct, harassment, and any other safety issues without fear of retaliation. By providing open communication and ensuring that concerns are heard and addressed promptly, speak-up software plays an important role in fostering a safe, inclusive and responsive campus environment. Elker is ISO 27001 certified, meaning our system adheres to the highest international standards of data protection. Students and staff can decide whether to remain anonymous or share personal details when reporting. When anonymity is selected, our platform ensures that no data, such as IP addresses, device specifications, or geographical locations that could potentially identify a whistleblower, is stored. Visit our [security page](/nz/security) for more information. Speak-up systems provide the structured reporting mechanisms that universities should implement under the Human Rights Act 1993. By enabling anonymous reporting, early trend detection, and trauma-informed case management, speak-up systems help institutions create safer campus environments and empower students to come forward without fear of retaliation. Elker's analytics dashboard provides universities with a comprehensive overview of reported incidents. By analysing this data, universities can identify patterns, high-risk areas or times, and emerging trends in sexual assault reports. This data-driven approach not only aids in understanding the current campus climate but also in formulating proactive strategies, awareness campaigns, and targeted interventions. Building **trust and transparency** with Interested to find out more? See how Elker can help with compliance and build a culture of accountability and trust in your organisation. [Book a demo](/nz/book-demo) [Get a quote →](/nz/pricing) --- url: https://elker.com/articles/5-risk-factors-for-sexual-harassment-in-the-workplace title: "5 Risk Factors for Sexual Harassment in the Workplace | Elker" description: "Examine the environments that foster workplace misconduct. Learn about the leading risk factors and the steps to prevent sexual harassment." locale: en-AU generated: 2026-07-01T14:05:38.829Z --- Sep 14, 2023 # Risk factors for sexual harassment in the workplace [Respect@Work](/blog/respect-at-work)[Cultural change](/blog/cultural-change) Examine the environments that foster workplace misconduct. Learn about the five leading risk factors and the steps to prevent sexual harassment. ![Risk factors for sexual harassment in the workplace: Respect at Work](https://media.elker.com/6ca0cb5c-e033-45ca-81dd-19f359712f32/risk-factors-sexual-harassment-work.jpeg?width=992) ByElker Editorial TeamReviewed byJack MurrayUpdated22 April 2026 **TL;DR: the 5 risk factors this article covers** - **1\. Vulnerable employees in the workforce.** New migrants, workers with disabilities, people in insecure work, young workers, LGBTIQ+ workers, and Aboriginal and Torres Strait Islander workers face disproportionately high rates of sexual harassment due to power imbalances, visa dependence, and fear of retaliation. - **2\. Diversity composition of the workplace.** Both homogenous workplaces (where biases and stereotypes go unchallenged) and highly diverse workplaces (where cultural misunderstandings can escalate) carry elevated risk if diversity is not actively managed. - **3\. Customer service and client satisfaction roles.** Industries where pay or tenure is tied to customer satisfaction, particularly hospitality and leisure, create pressure to tolerate inappropriate behaviour from customers. - **4\. Isolated work environments.** Night-shift cleaning, hotel housekeeping, in-home care, mining, remote teaching, and similar roles reduce witnesses and embolden harassers. - **5\. Workplace cultures involving alcohol consumption.** Work-adjacent social events where alcohol flows freely consistently appear in harassment complaints. Since 12 December 2023, the Australian Human Rights Commission has had enforcement powers over the positive duty in the Sex Discrimination Act 1984, so identifying and controlling these risk factors is now a compliance requirement, not just good practice. As employers, it's our legal and ethical duty to create [safe work environments](/articles/psychologically-safe-workplace) free of harassment, discrimination, violence and [psychosocial hazards](/articles/psychosocial-hazards-at-work). Fostering a safe and [mentally healthy workplace](/articles/mentally-healthy-workplace) makes good business sense. It increases productivity and reduces absenteeism and turnover costs. In Australia, there has been a renewed focus on eliminating sexual harassment in the workplace since the introduction of the Respect@Work positive duty. This duty, which took effect on 12 December 2023, requires employers to take proactive steps to prevent sexual harassment and sex-based discrimination in their workplaces. By addressing the risk factors for sexual harassment and implementing effective prevention strategies, employers can not only meet their legal obligations but also create a more positive and productive work environment for all. ## **Understanding workplace sexual harassment** Sexual harassment is defined as any unwelcome conduct of a sexual nature that could offend, humiliate, or intimidate the person on the receiving end. This conduct may range from explicit sexual comments or advances to subtle insinuations linked to workplace benefits or conditions. ## **Forms of harassment of a sexual nature** Workplace sexual harassment can manifest in numerous ways, such as: - **Verbal or written harassment:** Comments about a person's private life of a sexual nature, - **Physical acts:** From a subtle unwelcome sexual advance, persistent request for sexual favours to overt acts of sexual assault. - **Explicit or unsolicited material:** Sharing or displaying sexually explicit pictures, sexual jokes, or content. - **Employment conditions:** Making job roles, promotions, or benefits contingent upon sexual favours. ## **Sexual assault and harassment in Australia: a closer look** To grasp the gravity of the situation, consider the findings from the [_Fourth National Survey on Sexual Harassment in Australian Workplaces_](https://humanrights.gov.au/sites/default/files/document/publication/AHRC_WORKPLACE_SH_2018.pdf) (2018). Here is the breakdown of groups that have experienced sexual harassment in the last five years: - 39% of female workers. - 26% of male workers. - 45% of young workers aged 18-29. - 53% of Aboriginal and Torres Strait Islander workers. - 52% LGBTIQ+ workers. - 77% of intersex workers. These numbers aren't just statistics; they highlight a systemic issue arising from deep-rooted power imbalances. Intersectional factors play a significant role, too, meaning the compounded discrimination individuals face due to their economic class, race, age, disability, or other identity aspects can intensify the risk of sexual violence and harassment. ## **The urgency for accountability** A glaring issue exacerbating sexual harassment in the workplace is the systemic lack of accountability. Unaddressed and unchecked behaviours fuel an environment where [serious misconduct](/articles/serious-misconduct) becomes normalised. Establishing, communicating, and adhering to strict policies and behavioural [standards to prevent workplace sexual harassment](/articles/person-centred-and-trauma-informed-approach) is not just best practice—it's essential in creating safer, more inclusive workspaces. ## Examples of sexual harassment Sexual harassment manifests in various ways, both overt and subtle. Unwelcome sexual behaviour can create a hostile and distressing environment for the victim. Some examples include: - Unsolicited physical contact, including unwelcome touching, deliberately brushing up against a co-worker, hugging or kissing, cornering, or even more aggressive acts like assault. - Persistent staring or unwanted attention that makes someone uncomfortable. - Suggestive or sexualised nicknames, comments or jokes. - Making sexual gestures or mimicking sexual acts. - Sharing sexually explicit images through memes, pictures, or gifts. - Continual and inappropriate propositions for dates or intimate interactions. - Intrusive questions or unwanted comments about a co-worker's sex life or body. - Sending unsolicited and explicit emails, text messages, or social media messages. - Virtual harassment, including making unwanted advances online, sharing intimate images without permission, or indecent exposure on a video call. - Other unwelcome conduct of a sexual nature that a reasonable person would be offended, humiliated or intimidated by. **It's essential to remember that sexual harassment is defined by the impact on the victim rather than the perpetrator's intent.** ## **Risk factors in the workplace** In any professional environment, there's an inherent risk of sexual harassment. Nonetheless, specific business structures and working conditions can amplify these risks, creating a workplace culture where harmful behaviour becomes increasingly probable. The architecture of a workplace, its hierarchical setup, and the dynamic of employee-customer interactions all play critical roles in determining the level of [vulnerability the workforce faces](/articles/psychosocial-hazards-at-work). Unfortunately, some sectors emerge with high incident rates. The Fourth National Survey on Sexual Harassment in Australian Workplaces revealed: - **Information, media and telecommunications**: 81% of employees reported sexual harassment in the last five years. - **Arts and recreation services**: 49% - **Electricity, gas, water and waste services**: 42% - **Retail trade**: 42% These numbers highlight the industries where focused efforts are needed to combat prevalent issues. Understanding the [potential hazards and assessing their severity](/articles/psychosocial-risk-assessment-guide) is essential. We'll look into the five major risk factors for sexual harassment in the workplace. ### **Vulnerable employees in the workforce** Certain groups within the workforce are particularly vulnerable to sexual harassment due to their unique situations. These vulnerable groups include: - **New migrants or refugees** whose visas are contingent on their work sponsorship. - **Workers with disabilities** who may face difficulties [speaking up](/articles/speak-up-culture). - **People in insecure work**, such as **contractors** or those from **low socioeconomic backgrounds,** might have heightened fears of retaliation. - Workers for whom **English isn't a first language**, making communication or understanding workplace norms challenging. - **LGBTIQ+ individuals** may experience targeted harassment or [discrimination based on their sexual orientation, gender identity, or expression](/articles/protected-attributes). They might also fear further ostracisation if they make a formal complaint. - **Young workers**, often inexperienced in the workforce, may lack knowledge about their rights. - **Aboriginal and Torres Strait Islanders** can face systemic racism in the workplace. Prejudice can often increase the risk of or augment sexual harassment. #### **Lack of experience and knowledge** - The challenge: Whether it's a teenager's first job or a recent migrant's attempt to establish themselves in a new country, the lack of familiarity can make them susceptible to unwanted advances or inappropriate behaviours. - The solution: Implementing comprehensive onboarding programs that address potential harassment issues can be pivotal. It's not just about training them for their job roles but ensuring they know their rights and the expected code of conduct. #### **Uncertainty about reporting incidents against senior employees** - The challenge: Vulnerable employees often grapple with power dynamics in the workplace. Fears of retaliation or job loss can exacerbate the daunting prospect of reporting a senior or long-standing employee. - The solution: Establishing and [promoting anonymous reporting channels](/articles/anonymous-reporting-advantages-disadvantages) can alleviate some of these concerns. Ensuring employees that their concerns will be taken seriously, without backlash, can foster a sense of safety. #### **Misunderstanding of what constitutes harassment in the workplace** - The challenge: Given their limited exposure to professional environments, some might misinterpret or remain oblivious to subtle forms of harassment. Not every act of harassment is overt, and the nuanced ones can often be the most damaging. - The solution: Culturally aware and inclusive training programs are essential. Providing examples of various forms of harassment and ensuring that all employees, especially those from vulnerable groups, can recognise and report such incidents is vital in cultivating an informed and protected workforce. ### **Diversity in the workplace** Diversity in the workplace offers many benefits, such as [higher levels of innovation](https://www.bcg.com/publications/2018/how-diverse-leadership-teams-boost-innovation) and the potential to capture new markets. However, if not managed correctly, it can increase the potential for harassment. #### **Workplaces with little cultural diversity** - The challenge: A homogenous environment can lead to biases and stereotypes. Lack of exposure to different cultures can result in misconceptions. - The solution: Encourage a diverse recruitment process that focuses on bringing in talent from various backgrounds, experiences, and perspectives. This naturally increases exposure and interactions among different groups. Celebrate diverse holidays, traditions, or events from various cultures. This can be an informal way of educating others and fostering appreciation. #### **Power dynamics in majority-minority settings** - The challenge: When there's a clear division between the majority and minority, power imbalances can occur. Those in the majority may exert undue influence, making those in the minority feel vulnerable or marginalised. - The solution: Leadership plays an important role here. Management can help balance these dynamics by promoting diversity at all levels and ensuring all groups feel included. #### **Risks in highly diverse workplaces** - The challenge: While a diverse workplace brings a range of perspectives, cultural differences can also lead to misunderstandings. - The solution: Beyond diversity initiatives, it's [essential to engage employees](/articles/employee-engagement-survey-questions) in discussions about different cultures, celebrate cultural events, and ensure training focuses on mutual respect and understanding. ### **Customer service and client satisfaction roles** Employees often face challenges in industries reliant on customer service and client satisfaction. Finding a balance between maintaining a high level of service and safeguarding personal dignity can be a delicate task. #### **Prioritising customer needs over employee safety** - The challenge: When employees' compensation is directly tied to customer satisfaction, there can be pressure to overlook inappropriate behaviours. This can foster an environment where staff, fearing a loss of sales or tips, may endure unwanted behaviour from clients or customers. - The solution: Organisations must create and champion a culture where employees feel safe. They must educate employees about the right balance, assuring them that the "customer is always right" mantra should never come at the cost of personal dignity or safety. #### **Setting boundaries on acceptable customer behaviour** - The challenge: Power imbalances can develop in specific industries, particularly where tipping is customary. For instance, there is a heightened risk of harassment in the leisure and hospitality sectors, as evidenced by the significant number of claims made by workers in these fields. - The solution: Clear guidelines on acceptable customer interactions must be established and enforced. Management should actively ensure these boundaries are respected, offering employees training on handling difficult situations and supporting them when they assert these boundaries. ### **Isolated work environments** In various professions, employees work in solitude or with limited human interaction. While there are some benefits to such work settings, they also increase the vulnerabilities to harassment. #### **Employees working alone** - The challenge: Isolated work environments, whether due to the nature of the job or the location, can make employees susceptible to physical and psychological harassment. With no one to witness sexual harassment, harassers may feel emboldened, and victims might feel trapped or without recourse. - The solution: To protect vulnerable employees, it's vital to have regular check-ins, robust security measures, and a clear line of communication with supervisors or colleagues. Such mechanisms offer an added layer of security and provide psychological reassurance to the worker. #### **Real-world examples and preventive measures** - The challenge: Roles like night-shift janitors, hotel housekeeping staff, late-night convenience store attendants, in-home care providers, and even workers in large warehouses often operate in settings where they can become isolated. Some industries, such as mining or rural teaching, can be isolated by nature and present similar obstacles. The lack of witnesses and the inherent vulnerability of these settings can lead to incidents of exploitation. - The solution: For industries known for isolated working conditions, such as mining, nannying, cleaning, or remote teaching, proactive measures can be taken. Measures may include installing security cameras, implementing buddy systems, providing personal alarms, or restructuring work environments to reduce isolation. Additionally, ensuring all workers are well-informed about complaint procedures can [empower them to report incidents without fear](/articles/what-is-whistleblowing). While isolated work environments might be necessary for certain professions, the associated risks shouldn't be underestimated. By recognising the potential hazards and implementing protective measures, employers can offer their staff safety and peace of mind to their staff. ### **Workplace cultures and alcohol consumption** Many workplaces have a culture of socialising, which occasionally involves the consumption of alcohol, whether it's at after-work happy hours, holiday parties, or events celebrating achievements. While these gatherings can boost team morale and foster camaraderie, they can also present risks linked to lowered inhibitions and impaired judgment due to alcohol. #### **Increased likelihood of harassment with alcohol consumption among co-workers** - The challenge: Alcohol, while often seen as a social lubricant, can potentially reduce social inhibitions and cloud one's judgment. Alcohol can sometimes lead to inappropriate behaviour or comments that wouldn't occur in a sober setting. In such settings, some people may feel emboldened and assume alcohol gives them a free pass for reckless behaviour and [misconduct](/articles/dealing-with-workplace-misconduct). - The solution: While banning alcohol at work events might seem extreme, promoting moderation and responsible behaviour is essential. Employees should be made aware of the effects of alcohol on behaviour and decision-making. Co-workers should also be [trained to intervene and handle situations](/articles/bystander-effect-in-the-workplace) where they witness inappropriate behaviour linked to alcohol consumption. #### **Addressing the implications of drunkenness in the workplace** - The challenge: Alcohol-induced incidents can result in legal and professional repercussions for the individuals involved. This not only affects the victim and perpetrator but can also tarnish the company's reputation. - The solution: HR and management teams are crucial in addressing and preventing such incidents. Clear policies regarding alcohol consumption during work events should be in place. Employees must be informed of the potential consequences of alcohol-induced harassment. Additionally, mechanisms to report and address incidents without fear of retaliation should be emphasised. ## **Sexual harassment can still occur in work-from-home settings** Despite the physical distance inherent in remote work, [the issue of sexual harassment has remained present](/articles/combating-virtual-harassment-in-remote-work). One survey from 2021 highlighted that as many as 38% of remote workers still experienced harassment through digital channels like emails, video calls, and chat applications.  The impersonal nature of online communication and the absence of immediate managerial oversight can inadvertently facilitate inappropriate behaviours. The barriers of digital workspaces don't necessarily protect against harassment. As remote work becomes more commonplace, employers must adapt, ensuring that guidelines and policies address the unique challenges of online interactions to foster a [respectful and inclusive environment](/articles/respect-in-the-workplace). ## What to do if you experience or witness sexually harassment or abuse? Experiencing sexual harassment can be deeply distressing, and its effects on an individual's mental, emotional, and even physical well-being can be profound. If you experience sexual harassment or assault, it is essential to understand the steps you can take to seek support and ensure safety. If you believe you are in immediate danger or have sustained physical injuries as a result of the harassment or assault, it is crucial to contact the appropriate authorities or emergency services immediately. Your safety and well-being come first, and immediate threats must be immediately addressed. **Call 000 if you are in danger or if you are injured.** Once you are in a safe environment, consider seeking support. You don't have to navigate the aftermath of sexual harassment or assault alone. Numerous support services are available, designed to offer assistance and practical guidance tailored to situations of sexual harassment. These support services can advise you on dealing with the traumatic event, ensuring you get the help you need. The following services may be helpful. - **1800RESPECT** - This is the national sexual assault, domestic and family violence counselling service. It offers confidential online and telephone counselling, information, and referral services. - Phone: 1800 737 732 - Website: [1800RESPECT](https://www.1800respect.org.au/) - **Fair Work Commission (FWC)** - The FWC handles workplace disputes and can offer guidance on issues related to workplace harassment. - Website: [Fair Work Commission](https://www.fairwork.gov.au/employment-conditions/bullying-sexual-harassment-and-discrimination-at-work/sexual-harassment-in-the-workplace/making-a-complaint-about-workplace-sexual-harassment) - **WorkSafe in respective states and territories** - These regulatory bodies are responsible for promoting and enforcing workplace safety. You can report workplace harassment to your state or territory's WorkSafe body. - [WorkSafe Victoria](https://www.worksafe.vic.gov.au/) - [SafeWork NSW](https://www.safework.nsw.gov.au/) - **Lifeline** - While not exclusively for sexual harassment, Lifeline provides crisis support services for anyone in need. - Phone: 13 11 14 - Website: [Lifeline Australia](https://www.lifeline.org.au/) - **Djirra** - This organisation supports Aboriginal and Torres Strait Islander people facing family violence, including those dealing with workplace sexual harassment and assault. - Phone: 1800 105 303 - Website: [Djirra](https://djirra.org.au/) - **Qlife** - Provides support for LGBTQ+ individuals facing discrimination, assault, or harassment. - Phone: 1800 184 527 - Website: [Qlife](https://qlife.org.au/) Additionally, it's advisable to familiarise yourself with your organisation's workplace policies on sexual harassment. Understanding these policies can clarify your rights within the workplace and the measures in place to protect employees. This knowledge can guide you in reporting the incident, ensuring that proper procedures are followed and that appropriate actions are taken against perpetrators. If your workplace has an anonymous reporting platform, seek support through this channel. Alternatively, contact your HR department or a trusted manager to provide appropriate guidance and support. ## **Meet compliance with Elker** From 12 December 2023, the Australian Human Rights Commission will have the authority to [enforce the positive duty](/articles/7-standards-positive-duty-sex-discrimination-act)of the Sex Discrimination Act. Businesses, universities and organisations will now have to take all reasonable and proportionate measures to eliminate sexual harassment and sex-based [discrimination](/articles/discrimination-in-the-workplace) from the workplace. For many organisations, **introducing an** [**anonymous reporting tool**](/articles/anonymous-reporting-advantages-disadvantages) **is vital for compliance** and proactively addressing sexual harassment. Elker's anonymous reporting platform is a preventive tool. It encourages early reporting of minor incidents, ensuring they're addressed before they snowball into significant problems. Additionally, Elker provides insights into workplace dynamics through pulse surveys and [employee feedback](/articles/anonymous-employee-feedback). Organisations can use pulse surveys to [assess their workplace culture](/articles/culture-audit-guide), identify risks and spot negative trends early on. Such proactive measures ensure the welfare of individual employees and safeguard the reputation and integrity of organisations. [Book a demonstration of Elker](/book-demo) and see how it can assist your organisation in eliminating sexual harassment from the workplace. Alternatively, [email us](/contact) to discuss your compliance requirements. ### Key takeaways - Sexual harassment is defined by the impact on the recipient, not the intent of the person engaging in the conduct. A reasonable-person test applies. - Prevalence data from the Australian Human Rights Commission's 2018 survey shows 39% of women, 45% of young workers, 52% of LGBTIQ+ workers, and 77% of intersex workers experienced sexual harassment in the previous five years. - Some industries carry concentrated exposure: information, media and telecommunications (81% of workers reported harassment), arts and recreation (49%), electricity, gas, water and waste (42%), and retail trade (42%). - Remote and hybrid workplaces are not exempt. A 2021 survey cited in the article found 38% of remote workers experienced harassment through digital channels. - The positive duty requires reasonable and proportionate measures scaled to the size, resources, and risk profile of the organisation. Controls should match the risk factors actually present. ## Frequently asked questions Sexual harassment covers a range of unwelcome behaviours of a sexual nature that can offend, humiliate, or intimidate the recipient. Under the Sex Discrimination Act 1984, the definition spans verbal comments and advances, suggestive jokes, persistent requests for sexual favours, unwanted touching, and sexual assault. Importantly, the test is the impact on a reasonable person in the recipient's position, not the intent of the person engaging in the conduct. The article identifies five structural risk factors: vulnerable employees in the workforce, workplace diversity composition (both homogenous and highly diverse environments), customer service and client satisfaction roles, isolated work environments, and workplace cultures involving alcohol. Each factor amplifies the power imbalances and reduced accountability that allow harassment to occur. For a broader view of the legislative response, see our guide to the [seven standards of the positive duty](/articles/7-standards-positive-duty-sex-discrimination-act). Survey data shows elevated rates for women (39%), young workers aged 18 to 29 (45%), Aboriginal and Torres Strait Islander workers (53%), LGBTIQ+ workers (52%), and intersex workers (77%). Migrants on sponsored visas, workers with disabilities, and people in insecure or contract work are also disproportionately affected, often because they have the least ability to safely refuse or report. Understanding how [protected attributes](/articles/protected-attributes) intersect with these vulnerabilities helps employers target their prevention work. Verbal harassment is the most frequently reported form, including suggestive comments, sexualised jokes, and intrusive questions about someone's private life. Non-verbal conduct such as leering, sexual gestures, and displaying explicit material is also common. More serious physical conduct, including unwanted touching and sexual assault, occurs less often but carries the greatest harm. The mix depends on the workplace culture and the individuals involved. Yes. Sexual harassment is recognised as a psychosocial hazard under work health and safety laws in every Australian jurisdiction. It can cause serious mental and physical harm, including anxiety, depression, and post-traumatic stress. Employers have a primary duty under WHS legislation to eliminate or minimise the risk so far as is reasonably practicable, which sits alongside the positive duty in the Sex Discrimination Act 1984. See our guide to [psychosocial hazards at work](/articles/psychosocial-hazards-at-work) for more detail. Yes. Around 38% of remote workers surveyed in 2021 reported harassment through email, chat, and video calls. The absence of managerial oversight and the informal tone of digital channels can embolden inappropriate behaviour. See our article on [combating virtual harassment in remote work](/articles/combating-virtual-harassment-in-remote-work) for practical controls. The Australian Human Rights Commission expects reasonable and proportionate measures scaled to the size of the organisation and the risk factors present. Start with a risk assessment, apply structural controls (roster design, supervision, diversity at leadership level), back them up with training that reflects the actual risks, and provide anonymous reporting pathways so issues surface early. Prioritise safety first. Call 000 if there is an immediate threat. Once safe, consider confidential support services such as 1800RESPECT, Lifeline, Djirra, or QLife. Familiarise yourself with your workplace policy and, if available, use the anonymous reporting channel. External options include the Fair Work Commission and your state or territory WorkSafe regulator. Workers can also raise a complaint with the Australian Human Rights Commission. ### Sources 1. Australian Human Rights Commission, Fourth National Survey on Sexual Harassment in Australian Workplaces (2018) 2. Australian Human Rights Commission, Respect@Work: National Inquiry into Sexual Harassment in Australian Workplaces (2020) 3. Anti-Discrimination and Human Rights Legislation Amendment (Respect at Work) Act 2022 (Cth) 4. Sex Discrimination Act 1984 (Cth), s 47C, positive duty 5. Australian Human Rights Commission, Guidelines for Complying with the Positive Duty (2023) 6. Safe Work Australia, Model Code of Practice: Managing psychosocial hazards at work (2022) _This article is general information only, not legal advice. Laws change and individual circumstances differ. For advice on your specific circumstances, consult a qualified legal practitioner. See our [Terms of Use](/policies/terms) for the full disclaimer._ ## You might also like --- url: https://elker.com/articles/7-standards-positive-duty-sex-discrimination-act title: "Positive Duty Guidelines | Respect at Work" description: "7 standards to eliminate sexual harassment and sex-based discrimination in the workplace. Get compliant with the Sex Discrimination Act." locale: en-AU generated: 2026-07-01T14:05:38.922Z --- Jan 30, 2024 # Positive Duty Guidelines: Compliance with the Sex Discrimination Act [Respect@Work](/blog/respect-at-work)[Compliance](/blog/compliance) Is your organisation complying with the positive duty? From 12 December 2023, the Australian Human Rights Commission will enforce the measures to eliminate workplace sexual harassment, discrimination and victimisation. This article outlines the seven standards to help you achieve best practices in creating a safer workplace. ![Respect at Work Bill: 7 standards for positive duty compliance with the Sex Discrimination Act](https://media.elker.com/037627c6-38b4-4d0c-9d2c-ef826497f98a/positive-duty-standards.jpeg?width=992) ByElker Editorial TeamReviewed byJack MurrayUpdated22 April 2026 **TL;DR** - The Australian Human Rights Commission has issued guidelines identifying seven standards that organisations must meet to comply with the positive duty introduced by the Anti-Discrimination and Human Rights Legislation Amendment (Respect at Work) Act 2022. - The seven standards are: **(1) Leadership**, senior leaders understand the duty and model respectful behaviour; **(2) Culture**, a safe, respectful and inclusive workplace; **(3) Knowledge**, clear policies and expectations communicated to workers; **(4) Risk management**, proactive identification and assessment of misconduct risks; **(5) Support**, accessible support for anyone affected, whether or not an incident has been reported; **(6) Reporting and response**, clear reporting channels and swift, consistent responses; **(7) Monitoring, evaluation and transparency**, data collection and open reporting on outcomes. - The positive duty covers five categories of unlawful conduct: sex discrimination, workplace sexual harassment, sex-based harassment, conduct creating a hostile workplace environment on the ground of sex, and related acts of victimisation. - The positive duty applies to every entity governed by the Sex Discrimination Act, from sole traders to universities and government agencies, with compliance measures scaled to the organisation's size, resources, and risk profile. - From 12 December 2023 the Australian Human Rights Commission has had enforcement powers: inquiries, compliance notices, enforceable undertakings, and Federal Court applications. ## Key points **Shift in approach:** Australia is moving towards proactively preventing workplace sexual harassment and sex discrimination rather than a complaints-based approach. **Legislation:** The [Respect at Work Bill](/articles/what-the-respect-at-work-bill-means-for-your-business) was passed in Parliament on 28 November 2022. **Introduction of the positive duty:** A central amendment in the Respect at Work legislation introduces the positive duty for all Australian workplaces. **Scope of positive duty:** This duty requires that organisations actively eliminate sexual harassment, sex-based discrimination, hostile work environments, and victimisation. **Responsibility and compliance:** Organisations and businesses must adopt measures to eliminate these forms of relevant unlawful conduct as much as possible. **Standards:** The AHRC released guidelines on compliance with the positive duty, including seven standards businesses must satisfy. **Enforcement:** From 12 December 2023, the Commission will have the authority to enforce compliance with the positive duty in the Sex Discrimination Act 1984.  ## **What is the positive duty in the Sex Discrimination Act?** Australian organisations must eliminate sexual harassment, sex-based discrimination and victimisation. Rather than simply responding to incidents occurring in the workplace, the positive duty means organisations should take _reasonable and proportionate measures_ to eliminate unlawful conduct, such as: - discrimination on the ground of sex - [workplace sexual harassment](/articles/5-risk-factors-for-sexual-harassment-in-the-workplace) - sex-based harassment - conduct creating a workplace environment that is hostile on the ground of sex - related acts of [victimisation](/articles/what-is-unlawful-victimisation-in-the-workplace). ## Who does the positive duty apply to? Every entity in Australia governed by the Act must adhere to the positive duty. This means: - sole traders - small businesses - large corporations - universities and other educational institutions - not-for-profits, clubs and peak bodies - government entities The scope of the positive duty is broad. Coverage extends not only to employees but also to workers, agents and third parties with whom employees come into contact in connection with their work. It even considers how third parties treat employees in a work context, for example, customers, delivery drivers, and other service workers. ## Positive duty obligations The positive duty is adaptable to organisations of varying sizes and structures. The Australian Human Rights Commission understands that **businesses differ in size and nature**. What is financially viable for a large company to implement may be impractical and costly for small businesses. When determining if an organisation has taken all reasonable and proportionate measures to eliminate  relevant unlawful conduct, the Human Rights Commission considers: - the number of employees - nature of the industry - operational location (physical and online) - risk factors present in the business or organisation. **Small businesses** may be permitted less formal mechanisms, such as using free resources and services and communicating policies and behavioural expectations regularly to employees.  **Large, well-resourced entities** may require more sophisticated measures like: - employee training - contact officers - risk assessments - comprehensive behavioural policies and whistleblowing guidelines - anonymous reporting tools for disclosing misconduct. For both small and large entities, the goal is the same: **employers must take proactive and meaningful action to prevent workplace sexual harassment, discrimination and victimisation**. ![Respect at Work Bill: 7 standards infographic](https://media.elker.com/1c0f0676-1e30-4ade-ba63-7e824637f523/positive-duty-infographic.jpeg?width=992) ## **What are the seven standards of the positive duty?** To effectively satisfy the positive duty under the Sex Discrimination Act, the Commission has [set out seven key standards](https://humanrights.gov.au/resource-hub/resources-for-organisations-businesses/guidance-materials). Here's a concise breakdown of these standards: ### **1\. Leadership**  Senior leaders must understand their legal obligation under the Sex Discrimination Act, including the specificities of unlawful conduct. Their responsibility is to ensure that proactive and responsive measures are developed, reviewed, and clearly communicated to workers. Furthermore, leaders should [exemplify respectful behaviour](/articles/respect-in-the-workplace) and be committed to furthering inclusion and gender equality in the workplace. ### **2\. Culture**  Organisations should foster a safe, respectful, and inclusive workplace culture. This environment should inspire confidence in workers, motivating them to report [instances of misconduct](/articles/serious-misconduct), knowing that the system will prioritise their well-being and address any issues. ### **3\. Knowledge**  Organisations must establish a comprehensive policy on respectful behaviour and the [repercussions of misconduct](/articles/dealing-with-workplace-misconduct). This framework should provide workers with clarity on behavioural expectations, mechanisms to detect inappropriate actions, and a thorough understanding of their rights and responsibilities within the workspace. [Bystander training](/articles/bystander-effect-in-the-workplace) may be an appropriate strategy for workplace safety and harassment prevention. ### **4\. Risk management**  Organisations must be proactive in [identifying and assessing potential risks](/articles/culture-audit-guide) associated with misconduct, taking into account both equality and the well-being of their workforce. Collaboration with stakeholders on identifying these risks is essential. Strategies should be developed to respond to and, more importantly, prevent these risks. ### **5\. Support**  Offering [robust support systems](/articles/person-centred-and-trauma-informed-approach) is non-negotiable. Workers who witness or undergo misconduct should have immediate access to resources and assistance. This support should remain accessible regardless of whether the incident has been formally reported. ### **6\. Reporting and response**  [Clear channels for reporting misconduct](/articles/anonymous-reporting-advantages-disadvantages) should be readily available to workers. Regular communication about these pathways is essential. Responses to reports should be swift, consistent, and prioritised to minimise harm to those involved.  The Australian Human Rights Commission encourages organisations to implement anonymous reporting platforms like Elker to satisfy the positive duty. Anonymous reporting platforms assist in the early detection of workplace issues and offer secure channels for reporting misconduct. ### **7\. Monitoring, evaluation and transparency**  Consistent data collection on workplace misconduct is crucial. Organisations should harness this data to refine their work culture and bolster preventive measures. An open dialogue about the nature, extent, and subsequent actions related to reported behaviours ensures a transparent and accountable workplace environment. The seven standards are interconnected, meaning actions addressing one might also cater to others. Every organisation and business should adhere to the seven standards, but the application will vary depending on what's reasonable for each entity. While all entities, even those without employees, are expected to comply, only applicable aspects of the standards will concern those without workers. The Commission will evaluate compliance comprehensively, emphasising that organisations should meet all standards to [eliminate discrimination](/articles/discrimination-in-the-workplace), sexual harassment and other forms of unlawful behaviour in the workplace. ## What is a hostile workplace environment? A **hostile workplace environment** is where an individual is exposed to a work atmosphere that is antagonistic for reasons related to sex, creating an atmosphere that's offensive, intimidating, or humiliating. This concept is crucial in understanding unlawful conduct in the workplace.  The introduction of the new positive duty mandates employers to actively prevent such environments. This duty extends beyond traditional employee relationships, covering all forms of work conduct, including interactions with contractors, clients, and other workplace visitors. This duty is not just about preventing overt [acts of discrimination](/articles/protected-attributes) or harassment. It's about ensuring a working environment where everyone, irrespective of their sexual orientation and gender identity, feels safe and respected. Employers are required to take reasonable and proportionate measures to create this kind of environment. The law evaluates these situations using the 'reasonable person' test. It considers whether a typical person, aware of all the circumstances, would expect the conduct to be offensive, intimidating, or humiliating. Factors like the severity of the conduct, its repetitive nature, and the position of the person responsible are crucial in this assessment. ## What is vicarious liability? **Vicarious liability** is where employers can be held accountable for unlawful conduct committed by their employees or agents in a work context. Under the Sex Discrimination Act 1984, if an employee sexually harasses another individual within the organisation, not only is the individual perpetrator responsible but the employer can also be held liable for failing to prevent unlawful conduct in the workplace. The employer could be subjected to legal consequences. Employers can defend themselves against such liability if they can prove that they have taken all reasonable and proportionate measures to prevent such unlawful conduct. What constitutes “reasonable measures” is not explicitly defined within the Act but is determined based on an organisation's size, resources, and the specific circumstances surrounding the incident.  Some indicative measures of reasonable measures include having a clear workplace sexual harassment policy, conducting regular training sessions for employees about identifying and addressing sexual harassment, having a robust internal process for disclosing and resolving complaints, and taking corrective actions promptly when sexual harassment is identified. For more information, visit the [AHRC page on vicarious liability](https://humanrights.gov.au/resource-hub/by-resource-type/publications/sex-and-gender-rights/vicarious-liability). ## **What are the consequences of non-compliance?** Employers can be held accountable for any unlawful actions by their employees related to their work duties. This principle, termed "vicarious liability", implies that if one employee behaves unlawfully towards another, the employer might be held legally responsible and face financial penalties. The determination of whether an employer took "all reasonable steps" to prevent such actions lies with the courts, not the Commission. However, adhering to the Commission's standards of the positive duty can assist employers in proving they aren't liable under this Act. Beginning December 12, 2023, the Commission will have the authority to: - initiate inquiries if an entity isn't adhering to the positive duty. These suspicions can arise from various sources, including government agencies, affected individuals, worker unions, or media reports - offer recommendations after investigating an organisation's adherence to the positive duty - issue official notices dictating what actions organisations should take to achieve compliance - approach federal courts to ensure organisations follow the compliance notice - engage in legally binding agreements with organisations specifying actions they must take or avoid. ## Getting started Elker is an anonymous reporting platform designed to help organisations comply with the new positive duty guidelines. The platform assists organisations in the early detection of workplace issues through [employee feedback](/articles/anonymous-employee-feedback) and pulse surveys. Additionally, it offers comprehensive reporting pathways for the security of reporters, [encouraging a culture](/articles/speak-up-culture)where employees are far more likely to speak up about workplace issues. [View all the features](/features) or [book a demonstration of Elker](/book-demo) if you would like to learn more. ### Key takeaways - The positive duty shifts Australian law from a complaint-based model to a prevention-based model. Not receiving complaints is no longer evidence of compliance. - The seven standards are interconnected: an action addressing one standard (for example, a reporting channel) typically feeds into others (support, risk management, monitoring). - Coverage extends beyond the traditional employment relationship to include workers, agents, and third parties such as customers, delivery drivers, and other service workers in a work context. - Vicarious liability means employers can be held responsible for unlawful conduct by their employees. The "reasonable measures" defence depends on evidence of the seven standards in practice. - Small businesses can meet the duty with less formal mechanisms (free resources, regular communication of expectations), while larger entities are expected to have more sophisticated controls, including training, risk assessments, and anonymous reporting tools. ## Frequently asked questions The Australian Human Rights Commission has set seven standards: Leadership, Culture, Knowledge, Risk management, Support, Reporting and response, and Monitoring, evaluation and transparency. They were published in the AHRC's guidelines for complying with the positive duty and are the framework the Commission uses when assessing compliance. For practical steps, see our companion article on [what the Respect at Work Bill means for your business](/articles/what-the-respect-at-work-bill-means-for-your-business). The positive duty requires employers to take reasonable and proportionate measures to eliminate five categories of conduct under the Sex Discrimination Act 1984: sex discrimination, workplace sexual harassment, sex-based harassment, conduct creating a hostile work environment on the ground of sex, and related acts of [victimisation](/articles/what-is-unlawful-victimisation-in-the-workplace). Every entity governed by the Sex Discrimination Act, including sole traders, small businesses, large corporations, universities, not-for-profits, clubs, peak bodies, and government agencies. Coverage extends beyond employees to workers, agents, and third parties encountered in a work context. For a broader view of Australian [anti-discrimination law](/articles/employment-discrimination-law), see our overview article. From 12 December 2023 the AHRC can initiate inquiries, issue recommendations after an investigation, issue compliance notices dictating required actions, enter enforceable undertakings, and apply to the federal courts to enforce compliance notices. The determination of whether an employer took "all reasonable steps" to avoid vicarious liability remains with the courts, but meeting the AHRC's standards is strong evidence. A hostile workplace environment is one where conduct, whether continuous or isolated, would be considered offensive, intimidating, or humiliating by a reasonable person because of sex. Factors include the severity of the conduct, its frequency, and the authority of the person engaging in it. It extends beyond direct targeting to include things like displaying inappropriate materials or offensive jokes in a shared work area. ### Sources 1. Australian Human Rights Commission, Guidelines for Complying with the Positive Duty under the Sex Discrimination Act 1984 (Cth) (2023) 2. Sex Discrimination Act 1984 (Cth), s 47C, positive duty provision 3. Anti-Discrimination and Human Rights Legislation Amendment (Respect at Work) Act 2022 (Cth) 4. Australian Human Rights Commission, Respect@Work: National Inquiry into Sexual Harassment in Australian Workplaces (2020) 5. Australian Human Rights Commission, vicarious liability guidance _This article is general information only, not legal advice. Laws change and individual circumstances differ. For advice on your specific circumstances, consult a qualified legal practitioner. See our [Terms of Use](/policies/terms) for the full disclaimer._ ## You might also like --- url: https://elker.com/articles/advantages-of-whistleblowing-in-the-workplace title: "Advantages of Whistleblowing in the Workplace - Full Guide" description: "Learn about the benefits of whistleblowing, including increased transparency and accountability, and how to create a culture of internal reporting." locale: en-AU generated: 2026-07-01T14:05:39.010Z --- Jun 13, 2024 # Advantages of Whistleblowing in the Workplace [Compliance](/blog/compliance)[Reporting](/blog/reporting)[Respect@Work](/blog/respect-at-work) Whistleblowing is a vital tool for organisations to uncover and combat fraud, misconduct, and other forms of wrongdoing. By encouraging internal reporting and protecting whistleblowers, companies can reduce financial losses, improve workplace culture, and promote transparency. In this article, we explore the benefits of whistleblowing and how to implement effective reporting mechanisms. ![Advantages of whistleblowing in the workplace - a guide for employers](https://media.elker.com/eacfb35f-f687-49c7-84a7-eab40efef629/advantages_of_whistleblowing_1.png?width=992) ByElker Editorial TeamReviewed byJack MurrayUpdated22 April 2026 **TL;DR** - Whistleblowing helps organisations detect fraud, waste, and misconduct early, reducing the cost of legal action, regulatory penalties, and reputational damage before issues escalate into public crises. - Functioning internal reporting channels give leaders a more accurate picture of risks, inefficiencies, and blind spots, improving decision-making and surfacing ideas that would otherwise stay unspoken. - Whistleblowers protect customers, clients, and the public by exposing fraud, safety violations, and unethical practices, especially in higher-risk sectors like healthcare, aged care, and financial services. - The main risks sit on the downside of inaction: reputational damage from external disclosure, strained internal relationships, and the difficulty of investigating poorly-scoped anonymous reports. Each is manageable with the right policy, tooling, and training. - Australia (Corporations Act 2001, Sex Discrimination Act 1984 positive duty), the EU (Whistleblowing Directive), the US (Sarbanes-Oxley, Dodd-Frank), and the UK (Public Interest Disclosure Act 1998) all require organisations of sufficient size to operate secure reporting channels and protect reporters from retaliation. ## **What is whistleblowing?** [Whistleblowing](/articles/what-is-whistleblowing) is the act of reporting illegal activity, fraud, or [misconduct](/articles/dealing-with-workplace-misconduct) occurring within an organisation by an employee or other individual. It is a vital tool for exposing wrongdoing and promoting transparency in the workplace. Whistleblowers play a vital role in uncovering unethical behaviour, corruption, and illegal practices that can harm the company, its employees, or the public. Internal whistleblowing helps organisations maintain a culture of integrity and accountability before issues become public knowledge. By bringing attention to misconduct, whistleblowers help companies to address problems quickly and minimise damages. This is particularly important in industries where wrongdoing can have severe consequences, such as healthcare, finance, and the federal government. ## **Advantages of whistleblowing** ### **Reduces financial losses and legal risks** Whistleblowing can help companies avoid painful losses by detecting fraud, waste, and misconduct early on. Studies have shown that a 10% increase in internal reports is associated with a significant decrease in government fines and settlements. By identifying and addressing issues promptly, organisations can minimise the risk of costly legal battles, regulatory penalties, and reputational damage. Moreover, effective whistleblowing programs help organisations comply with various [whistleblower protection laws](/articles/corporations-act-whistleblower-protections), such as the Corporations Act, the EU Whistleblowing Directive, the Sarbanes-Oxley Act and the Dodd-Frank Act. These laws require companies to establish secure reporting channels and protect whistleblowers from retaliation. Failure to comply with these regulations can result in significant fines and legal ramifications. ### **Valuable insights for management** By encouraging employees to come forward with concerns and ideas, leaders can gain a more accurate picture of potential risks, inefficiencies, and areas for improvement within the company. This type of open communication fosters a culture of discussion and exchange of ideas, which can lead to innovative solutions and better decision-making. When employees feel comfortable speaking up, they are more likely to share valuable knowledge and perspectives that can help the organisation function more efficiently and effectively. ### **Protects customers, clients, and the public** In many cases, whistleblowers expose wrongdoing that could have severe consequences for consumers, such as fraud, safety violations, or unethical business practices. By bringing these issues to light, whistleblowers help prevent further harm and ensure that companies are held accountable for their actions. In the public sector, whistleblowing is essential for combating corruption and waste. Government employees who report misconduct help ensure that public funds are used appropriately and that government agencies are serving the best interests of the people. Reporting in industries such as healthcare and aged care, with the [Serious Incident Response Scheme](/articles/incident-management-system-aged-care), also plays a vital role in protecting patients and investors from fraud and malpractice. ![Advantages of whistleblowing in the workplace - implementing a whistleblowing system infographic](https://media.elker.com/9ef2b3e7-7313-4bb2-9445-03fd276525e1/advantages_of_whistleblowing_2.png?width=992) ## **Risks of whistleblowing** ### **Potential for reputational damage** When a whistleblower's concerns are not addressed internally, they may turn to journalists and governing bodies to expose the matter publicly. External whistleblowing can cause reputational damage and can have lasting effects on a company's bottom line. It may lead to lost business, decreased investor confidence, and difficulty attracting top talent. ### **Strained relationships and mistrust** Whistleblowing can also lead to strained relationships and mistrust within the organisation. Whistleblowers often face backlash, retaliation, and alienation from colleagues who may view them as disloyal or troublemakers. This can create a hostile work environment and lead to a breakdown of trust between employees and employers. In some cases, workers may resent the whistleblower for disrupting the status quo or drawing negative attention to the company. This can make it difficult for the whistleblower to continue working in the organisation and may even force them to leave their job. ### **Difficulty investigating anonymous reports** While [anonymous reporting](/articles/anonymous-reporting-advantages-disadvantages) software is critical for protecting the identity of the whistleblower, it can also make it more difficult to investigate claims thoroughly. Anonymous reports may lack details or evidence needed to substantiate allegations. It's important to have a whistleblowing mechanism that protects employees' anonymity and confidentiality while also providing tools for a thorough investigation. Elker's responder templates and customisable reporting pathways are designed to solve these specific challenges. ## **Encouraging whistleblowing** Organisations must take steps to encourage reporting and to protect whistleblowers from [victimisation](/articles/what-is-unlawful-victimisation-in-the-workplace). This involves providing a secure and anonymous reporting channel for employees to speak up about financial crime, [sexual harassment](/articles/5-risk-factors-for-sexual-harassment-in-the-workplace) and discrimination in the workplace. Companies should also develop and communicate their whistleblowing policy and anti-retaliation measures to all employees. Training managers on how to handle reports and protect whistleblower identity is crucial for creating a safe and supportive environment for internal reporting. Some organisations also offer financial rewards or incentives for employees who report wrongdoing internally, as this can encourage workers to come forward with valuable information. Ultimately, the key to encouraging internal whistleblowing is fostering a [speak-up culture](/articles/speak-up-culture) through awareness, education, and leadership support. When employees see that the organisation values transparency and accountability, they will be more likely to report misconduct through internal channels. ## Laws and compliance ### EU - EU Whistleblowing Directive The EU Whistleblowing Directive, which came into effect in December 2019, is a landmark legislation that sets a minimum standard for whistleblower protection across the European Union. This directive requires member states to establish secure reporting channels and protect whistleblowers from retaliation. It also mandates that companies with more than 50 employees implement internal reporting mechanisms. Compliance with the EU Whistleblowing Directive is crucial for organisations operating in the EU, as failure to do so can result in significant fines and legal repercussions. ### US - Sarbanes-Oxley Act In the United States, the Sarbanes-Oxley Act (SOX) of 2002 is a key piece of legislation that protects whistleblowers. SOX requires publicly traded companies to establish internal reporting mechanisms and prohibits retaliation against a whistleblower. Additionally, the Dodd-Frank Act of 2010 provides financial incentives for whistleblowers who report securities fraud to the Securities and Exchange Commission (SEC). Compliance with these laws is essential for US companies, as non-compliance can lead to severe legal and financial consequences. ### UK - Public Interest Disclosure Act In the United Kingdom, the Public Interest Disclosure Act (PIDA) of 1998 is the primary legislation governing whistleblowing. PIDA protects whistleblowers who report certain types of wrongdoing, including criminal offences, breaches of legal obligations, and threats to health and safety. The UK also has the Financial Conduct Authority (FCA) and the Prudential Regulation Authority (PRA), which require financial institutions to establish internal reporting mechanisms. Compliance with PIDA and these regulatory bodies is vital for UK organisations to avoid legal and reputational risks. ### Australia In Australia, the Corporations Act 2001 and the Sex Discrimination Act 1984 (which includes a [positive duty](/articles/7-standards-positive-duty-sex-discrimination-act) to prevent sexual harassment) are key laws governing whistleblowing. The forthcoming Aged Care Act, due to come into effect in July 2024, will also have significant implications for the sector. These laws require organisations to establish secure reporting channels and protect whistleblowers from retaliation. Compliance with these laws is crucial for Australian companies, as non-compliance can result in legal action and reputational damage. ![Advantages of whistleblowing in the workplace - implementing a whistleblowing system infographic](https://media.elker.com/c211a6ae-008d-436b-ab11-00324a0de5e8/advantages_of_whistleblowing_2.png?width=992) ## **How Elker can encourage anonymous reporting** Whistleblowing is a powerful tool for exposing misconduct and promoting transparency in the workplace. While it comes with some risks, such as potential reputational damage and strained relationships, the benefits of whistleblowing far outweigh the drawbacks. By encouraging internal reporting and protecting whistleblowers from retaliation, organisations can strengthen their culture, reduce financial losses, and gain valuable insights from their employees. With Elker, organisations can establish a robust internal reporting mechanism that encourages employees to come forward with concerns and ideas. Our software ensures the anonymity and confidentiality of reporters, protecting them from retaliation and ensuring that their voices are heard. Our responder templates and customisable reporting pathways are designed to facilitate thorough investigations and effective resolution of reported issues. By implementing Elker, organisations can: - Protect employees by detecting vital issues early - Encourage internal reporting and reduce the risk of public disclosures - Address compliance standards - Strengthen their culture of transparency and accountability - Reduce financial losses and legal risks associated with misconduct - Gain valuable insights from employees to improve operations and decision-making Book a demo of Elker today and find out how we can help your organisation. ### Key takeaways - Early detection is the single biggest financial benefit. A concern caught inside the organisation is dramatically cheaper to resolve than the same issue discovered through litigation, regulator enforcement, or a news cycle. - Internal whistleblowing reduces the likelihood of external whistleblowing, which is where most of the reputational harm actually lands. The two are linked: workers go external when internal routes feel unsafe or ignored. - Training is a compliance control, not an HR nicety. Managers who mishandle a disclosure expose the organisation to liability that the policy itself was designed to prevent. - Anonymous reporting opens the tap, but the quality of the resulting investigation depends on the case management tooling behind it. Templates, structured responder workflows, and anonymous two-way messaging close the loop that open-text submissions alone cannot. - The business case applies to public sector bodies too. Government employee disclosures are the primary mechanism for ensuring public funds are used as intended. ## Frequently asked questions Early detection of fraud, misconduct, and safety issues, which consistently resolves at a fraction of the cost of the same problem discovered later through litigation, regulator enforcement, or public exposure. A functioning internal channel also reduces the likelihood of external whistleblowing, which is where most of the reputational damage sits. The [Corporations Act framework](/articles/corporations-act-whistleblower-protections) makes this a compliance requirement for most large Australian organisations as well. External disclosure can cause reputational harm and affect investor confidence, retention, and recruitment. Relationships within teams can be strained if colleagues see the whistleblower as disloyal, and retaliation risk is real where protections are not actively enforced. Anonymous reports can also be harder to investigate because they may lack identifying detail. Each of these is addressable with the right policy, training, and software. Whistleblowing concerns wider organisational wrongdoing: fraud, misconduct, safety issues, regulatory breaches. A personal grievance is about how the worker themselves has been treated and should be handled through separate HR processes. The same facts can sometimes give rise to both, but the legal tests and channels are different. No. Unlike the United States, where the Dodd-Frank Act can pay whistleblowers up to 30 percent of penalties collected by the SEC, Australia's regime under the Corporations Act does not provide direct financial bounties. The protections are legal (immunity, anti-retaliation, compensation for detriment) rather than incentive-based. Yes. Tax misconduct is an eligible disclosure under Australia's whistleblower regime, covered specifically by the Taxation Administration Act 1953 as amended in 2019. Reports can be made to the ATO, to an eligible recipient inside the entity, or through a protected external channel. Expanding this into a broader [speak-up culture](/articles/speak-up-culture) is usually more effective than relying on ad-hoc tax reporting alone. ### Sources 1. Corporations Act 2001 (Cth), Part 9.4AAA, whistleblower protection provisions 2. Treasury Laws Amendment (Enhancing Whistleblower Protections) Act 2019 (Cth) 3. Taxation Administration Act 1953 (Cth), whistleblower provisions 4. Sex Discrimination Act 1984 (Cth), positive duty to prevent sexual harassment 5. Directive (EU) 2019/1937 on the protection of persons who report breaches of Union law 6. Association of Certified Fraud Examiners, Report to the Nations on Occupational Fraud and Abuse (biennial) _This article is general information only, not legal advice. Laws change and individual circumstances differ. For advice on your specific circumstances, consult a qualified legal practitioner. See our [Terms of Use](/policies/terms) for the full disclaimer._ ## You might also like --- url: https://elker.com/articles/anonymous-employee-feedback title: "How to Collect Anonymous Employee Feedback at Work" description: "Learn how to implement an anonymous employee feedback system to foster a culture of trust, transparency, and continuous improvement in your organisation." locale: en-AU generated: 2026-07-01T14:05:39.135Z --- Mar 1, 2024 # How to Collect Anonymous Employee Feedback [Cultural change](/blog/cultural-change)[Reporting](/blog/reporting) Learn how to implement an anonymous employee feedback system to foster a culture of trust, transparency, and continuous improvement in your organisation. ![How anonymous employee feedback can transform your organisation](https://media.elker.com/d0ed7088-8ae5-4d01-859f-ada1032db5ba/anonymous_employee_feedback_1.png?width=992) ByElker Editorial TeamReviewed byJack MurrayUpdated22 April 2026 **TL;DR** - Anonymous employee feedback is a method of collecting honest opinions, suggestions, and concerns from workers without requiring them to reveal their identity. It lets employees speak candidly on workplace culture, management, wellbeing, and sensitive issues like bullying, discrimination, and sexual harassment without fear of repercussions. - The three most common collection methods are dedicated feedback software (including speak-up platforms like Elker), anonymous pulse surveys on a weekly to monthly cadence, and virtual or physical suggestion boxes. Each method suits different organisation sizes and feedback types. - Anonymity encourages candour that identified channels rarely produce. It surfaces operational issues, cultural concerns, and early warning signs that would otherwise stay hidden, and it levels the playing field for employees from underrepresented or marginalised groups. - In Australia, anonymous feedback systems help employers meet the positive duty under the Sex Discrimination Act 1984 (Cth) to proactively prevent sexual harassment, sex-based discrimination, and victimisation in the workplace. - Feedback only drives change when organisations close the loop: analyse results, share what has been learned, and show the specific actions taken in response. Collecting without acting erodes trust faster than not asking. We've all heard the saying "honesty is the best policy," but let's face it – being honest at work can be intimidating. You don't want to rock the boat or risk damaging your relationships with your colleagues. The truth is, without honest feedback, it's tough for any organisation to identify areas for improvement and create a safer, more inclusive workplace. That's why anonymous feedback is so powerful. ## What is anonymous employee feedback? Anonymous employee feedback is a method of collecting honest opinions, suggestions, and concerns from employees without requiring them to reveal their identity. This type of feedback allows employees to express themselves freely without fear of repercussions or judgment from their managers or colleagues. Anonymous feedback can be gathered through various means, such as online surveys, feedback software, or a suggestion box. Anonymity encourages employees to provide candid feedback that can help organisations identify areas for improvement, make data-driven decisions, and foster a more open and transparent work environment. By allowing employees a safe space to share their thoughts, anonymous feedback can lead to valuable insights and [drive positive change](/articles/respect-in-the-workplace) within an organisation. ## How to collect anonymous employee feedback There are several effective methods for gathering anonymous feedback, each with its own advantages and considerations. We'll explore three of the most popular and efficient approaches: feedback software, pulse surveys, and suggestion boxes. ### Anonymous employee feedback software Feedback software is a solid solution for gathering feedback, especially in larger organisations and business with hybrid and remote working arrangements. These platforms offer a streamlined, user-friendly approach to submit, analyse, and act on employee feedback and whistleblowing disclosures. One of the key [advantages of using anonymous feedback tools](/articles/advantages-of-whistleblowing-in-the-workplace) is the ability to collect and centralise feedback data in real-time. This allows HR teams and managers to quickly identify trends, patterns, and areas for improvement, enabling them to take swift action to address employee concerns. Additionally, many anonymous feedback platforms offer built-in analytics and reporting features, making it easy to visualise and share insights with stakeholders. The best anonymous feedback tools prioritise [data security](/security) and anonymity, ensuring that employees feel comfortable voicing their concerns without fear of repercussions. Some popular anonymous employee feedback tools include: - **Elker**, which prioritises anonymity and security for sensitive disclosures, [whistleblowing](/articles/what-is-whistleblowing) and specific compliance needs - **Culture Amp**, an employee experience app that features performance management and feedback tools - **Suggestion Ox**, a simple-to-use anonymous feedback tool for a broad range of uses to solicit feedback and concerns in the workplace. ### Pulse surveys Pulse surveys are short, frequent surveys designed to gather targeted, real-time feedback from employees on specific topics or issues. They are typically administered on a weekly, bi-weekly, or monthly basis, allowing organisations to [audit employee sentiment](/articles/culture-audit-guide) and engagement over time. One of the primary benefits of pulse surveys is their flexibility and customisation. Organisations can tailor survey questions to address specific concerns, such as workplace culture, management effectiveness, or employee well-being. To ensure high participation rates and honest feedback with your anonymous feedback survey, it's essential to keep surveys brief, focused, and anonymous. Aim for surveys that take no more than 5-10 minutes to complete, and limit the number of questions to 10 or fewer. Some popular pulse survey tools include: - **TinyPulse**, an employee engagement and survey tool with an option for anonymity - **Culture Monkey**, a more complete engagement platform featuring a pulse survey tool for continuous anonymous feedback - **Elker**, offering pulse surveys and an employee feedback tool for critical disclosures and employee insights ### Suggestion boxes Suggestion boxes remain a simple yet effective method to collect feedback in the workplace. They offer a low-tech, accessible option for employees who may be less comfortable with online platforms or prefer a more traditional approach. However, with the rise of remote and hybrid employment arrangements, for many organisations having an online tool is necessary. A virtual suggestion box can take the form of a dedicated email address or an online form where employees can provide feedback and make disclosures. Some examples include: - **Google forms** - **Microsoft forms** - **Secure email address** While all of these tools can collect feedback, there are limits to the anonymity that these provide. Additional measures, such as using a VPN or a throwaway email address are necessary for users who want to preserve their anonymity. ![Effective tools to collect anonymous employee feedback](https://media.elker.com/45918b05-ee77-487c-a53e-37332be79a84/anonymous_employee_feedback_2_05268feab4.png?width=992) ## Benefits of anonymous employee feedback Implementing an anonymous employee feedback system can bring numerous benefits to an organisation, fostering a culture of transparency, trust, and continuous improvement. By providing employees with a safe and confidential channel to share their thoughts, ideas, and concerns, organisations can access a wealth of valuable insights that might otherwise go unheard. In this section, we'll explore the key benefits of implementing anonymous employee feedback. ### Eliminate victimisation Many employees hesitate to provide feedback or raise concerns due to fear victimisation from their managers or colleagues. This fear can stem from various factors, such as power dynamics, personal relationships, or a history of negative experiences with speaking up. Anonymity is particularly important for addressing topics such as [sexual harassment](/articles/5-risk-factors-for-sexual-harassment-in-the-workplace), [discrimination](/articles/discrimination-in-the-workplace), or [serious misconduct](/articles/serious-misconduct) in the workplace. By eliminating the fear of reprisal or judgment, anonymous feedback empowers employees to voice their concerns and contribute to creating a safer, more inclusive work environment. ### Foster honesty and transparency When employees feel that they can express their opinions without fear of repercussions, they are more likely to provide candid and constructive feedback. Honesty is essential for uncovering genuine issues, concerns, and opportunities for improvement that might not surface through traditional feedback channels. Anonymous feedback creates a psychologically safe environment where employees can share their thoughts without worrying about judgment or negative consequences. This openness leads to more accurate and actionable insights, enabling organisations to make informed decisions and drive meaningful change. ### Identify issues and opportunities for improvement early When employees feel comfortable sharing their experiences and observations candidly, they can provide valuable insights into operational inefficiencies, communication breakdowns, or other challenges that might not be apparent to leadership. By analysing feedback data, HR teams and managers can identify patterns and trends that point to systemic issues or areas for improvement. This information can be used to develop targeted action plans and initiatives to address these challenges head-on. ### Building trust and improving employee satisfaction Implementing an anonymous employee feedback system demonstrates an organisation's commitment to valuing and respecting the opinions of its workforce. When employees feel heard, they are more likely to feel valued and respected as individuals. ### Levelling the playing field for all employees By creating an equal opportunity for all employees to share their thoughts and experiences, anonymous feedback promotes a more inclusive and equitable workplace. This inclusivity is particularly important for underrepresented or marginalised groups who may feel [less comfortable to speak up](/articles/speak-up-culture) in open forums. ### Compliance In Australia, workplaces have a legal obligation to [comply with the positive duty under the Sex Discrimination Act](/articles/7-standards-positive-duty-sex-discrimination-act). This means that employers must take proactive steps to prevent and eliminate sexual harassment and discrimination in the workplace, rather than simply responding to incidents after they occur. Implementing an anonymous employee feedback system, like Elker, can help you fulfil this positive duty and mitigate legal risks. By demonstrating that they have taken reasonable steps to prevent and address sexual harassment and discrimination, employers can protect workers and reduce their liability in the event of a claim or lawsuit. For more information, [contact Elker](/contact). ## Implementing anonymous feedback: strategies and tools ### Communicate the purpose and value of anonymous feedback To encourage employees to provide anonymous feedback, it's crucial to clearly communicate the purpose and value of the feedback. Employees should understand that their opinions and suggestions are essential for driving positive change and improving the overall work environment. ### Ensure anonymity and confidentiality Employees must trust that their identities will be protected and that they won't face any negative consequences for providing honest feedback. Organisations should clearly communicate: - whistleblower protection policies, so anonymous employee feedback does not lead to victimisation - measures in place to maintain anonymity - how to access and use the organisation's feedback software By building trust in the anonymity of the process, organisations can create a safe space for employees to share their genuine opinions and concerns. ### Make the feedback process easy and accessible To maximise participation in anonymous employee feedback, organisations should strive to make the feedback process as easy and accessible as possible. This can involve using user-friendly feedback tools, such as online surveys, mobile apps, or dedicated feedback platforms that employees can access from any device. The feedback process should be straightforward, with clear instructions and minimal time investment required. By removing barriers to participation and making the process convenient, organisations can encourage more employees to provide valuable insights. ### Regularly remind employees to provide feedback Consistent communication and reminders are essential for maintaining employee engagement in the anonymous feedback process. Organisations should regularly encourage employees to provide feedback, highlighting the value of their input and the impact it can have on the workplace. This can be done through various channels, such as email reminders, team meetings, or company-wide announcements. By keeping anonymous feedback top-of-mind and making it a regular part of the company culture, organisations can foster a continuous cycle of feedback and improvement. ### Share results and actions taken based on feedback One of the most effective ways to encourage ongoing participation in anonymous employee feedback is by demonstrating that the feedback is being heard and acted upon. Organisations should regularly share the results of feedback surveys, along with the specific actions being taken to address the issues and suggestions raised by employees. Transparency shows employees that their opinions matter and that the organisation is committed to making positive changes based on their input. ## Addressing common concerns about anonymous feedback ### Dealing with negative or unconstructive feedback One common concern about anonymous employee feedback is the potential for receiving negative or unconstructive feedback. While it's true that anonymity may sometimes invite less constructive comments, it's essential to approach all feedback with an open mind and a focus on improvement. When dealing with negative feedback, organisations should look for underlying issues or trends that may be contributing to employee dissatisfaction. By addressing these root causes, rather than dismissing the feedback as merely negative, organisations can demonstrate their commitment to creating a better work environment for all employees. ### Verifying the authenticity of anonymous feedback Another concern surrounding anonymous feedback is the potential for false or misleading information. To mitigate this risk, organisations can use various techniques to verify the authenticity of anonymous feedback. This may include cross-referencing feedback with other data sources, such as employee engagement surveys or performance metrics, to identify consistent patterns or themes. ### Balancing anonymous and non-anonymous feedback While anonymous feedback is valuable for gathering honest opinions and suggestions, it's important to recognise that it should not be the only form of employee feedback. Organisations should strive to create a feedback culture that balances anonymous and non-anonymous feedback channels. This can include regular one-on-one meetings, team discussions, and open forums where employees can share their thoughts and ideas directly with their managers and colleagues. By fostering a mix of anonymous and non-anonymous feedback, organisations can benefit from each approach and create a more comprehensive picture of employee sentiment and engagement. ## Integrating anonymous feedback into your company culture ### Making anonymous feedback a regular practice Organisations should integrate anonymous employee feedback into their company culture as a regular practice. This means going beyond occasional surveys and making anonymous feedback a consistent part of the employee experience. Organisations can achieve this by setting up recurring feedback cycles, such as quarterly or bi-annual surveys, and providing always-available channels for employees to submit feedback anonymously. By normalising the practice of giving and receiving anonymous feedback, organisations can create a culture of continuous improvement and open communication. ### Using insights from anonymous feedback for continuous improvement Integrating anonymous feedback into company culture also involves using the insights gained from feedback to drive continuous improvement. Organisations should establish processes for analysing feedback data, identifying key themes and priorities, and developing action plans to address the issues raised by employees. This may involve creating cross-functional teams or task forces to tackle specific challenges, setting measurable goals and timelines, and regularly communicating progress to employees. By demonstrating a commitment to using anonymous feedback for continuous improvement, organisations can build trust and engagement among their workforce. ### Celebrating successes and milestones achieved through anonymous feedback Finally, to truly embed anonymous feedback into company culture, organisations should make a point of celebrating the successes and milestones achieved through the feedback process. This can include sharing stories of how anonymous feedback led to positive changes, recognising teams or individuals who contributed valuable insights, and highlighting the impact of feedback-driven initiatives on employee satisfaction and engagement. By celebrating these successes, organisations can reinforce the value of anonymous feedback and encourage ongoing participation in the process. Over time, this positive reinforcement can help make anonymous feedback an integral part of the company's DNA, driving a culture of transparency, trust, and continuous improvement. ![Using anonymous reporting in the workplace to gather employee feedback infographic](https://media.elker.com/6e8cba31-4bb0-4a2a-8703-b86ef9a5f9fe/anonymous_employee_feedback_3.png?width=992) ## Gather feedback and transform your organisation's culture with Elker Elker is a powerful anonymous feedback system that helps organisations identify and resolve workplace issues early on. Elker's secure reporting system allows employees to provide feedback about misconduct, unethical behavior, or other concerns without fear of retaliation. One of the key advantages of using Elker is its emphasis on security and anonymity. The platform uses advanced encryption and data protection measures to ensure that employee identities are safeguarded throughout the reporting process. Elker's reporting system is user-friendly and accessible, allowing employees to submit reports via web, phone, or mobile app. The platform also offers case management features, enabling HR teams and designated administrators to track, investigate, and resolve reported issues efficiently. By leveraging Elker for anonymous employee feedback, organisations can foster a culture of transparency, trust, and early intervention. Ultimately, by embracing anonymous feedback through tools like Elker, organisations can drive continuous improvement and build a thriving workplace culture. Book a demonstration today. ### Key takeaways - Treat anonymous feedback as a complement to (rather than a replacement for) identified channels like one-on-ones, team discussions, and open forums. A balanced mix gives the fullest picture of employee sentiment. - Pulse surveys work best when they are short (5 to 10 minutes, 10 questions or fewer) and run on a weekly, fortnightly, or monthly cadence so trends can be tracked over time. - Off-the-shelf tools like Google Forms and Microsoft Forms can collect feedback, but they do not guarantee anonymity at the network level. Workers relying on them for sensitive disclosures should be told to use a VPN or a throwaway email, or the organisation should provide a purpose-built channel. - Negative or unconstructive feedback usually points to a legitimate underlying issue. Look for the pattern, not the tone, and cross-reference with other data sources (engagement scores, turnover, exit interviews) to test signal strength. - Celebrate and publicise the specific improvements that came from anonymous feedback. Visible wins normalise the practice and raise response rates on the next round. ## Frequently asked questions Start by choosing a method that fits your organisation: a dedicated feedback platform, online surveys, or a virtual suggestion box. Confirm the tool actually guarantees anonymity at the network level, not just the user interface. Communicate the purpose and value of the channel so employees understand how their input will be used, set clear guidelines on the types of feedback you are seeking, and run regular reminders to sustain participation. Finally, analyse what comes in and publish the actions taken in response so workers see the channel leads to change. Use the anonymous feedback channel your organisation provides, whether an online survey link, a dedicated platform like Elker, or a suggestion box. Keep feedback honest, specific, and constructive. Focus on issues, processes, or areas for improvement rather than targeting individuals, and provide examples or suggestions where you can. If the platform allows, some context about your role or team can help the organisation spot patterns without compromising your identity. Anonymity encourages candour, but professionalism still matters. Cadence depends on organisation size and goals. Quarterly or biannual formal surveys work well for tracking longer trends, while pulse surveys on a weekly or monthly rhythm capture shifts in sentiment faster. An always-on [speak-up channel](/articles/speak-up-culture) sits alongside scheduled surveys and lets employees raise concerns whenever they arise, which is particularly important for time-sensitive disclosures. Mix closed-scale questions for trend tracking with open-ended prompts that invite employees to describe issues in their own words. Questions like "What are the biggest challenges you face in your role?" or "What would improve how we work together?" surface rich qualitative insight. See our guide to [employee engagement survey questions](/articles/employee-engagement-survey-questions) for category-by-category examples. Yes, and a blended approach usually produces the best picture of workplace sentiment. Anonymous feedback works well alongside regular performance reviews, pulse surveys, employee focus groups, and town hall meetings. Each channel reaches different workers and surfaces different issues, so combining them gives leadership a more complete view than any single method alone. No. [Whistleblowing](/articles/what-is-whistleblowing) is the disclosure of specific wrongdoing, fraud, illegal conduct, serious misconduct, or safety breaches, and is backed by legal protections under regimes like the Corporations Act 2001 (Cth) Part 9.4AAA. Anonymous feedback is broader and covers everyday perceptions, suggestions, and workplace concerns. A good platform supports both through a single interface with different pathways. Track four metrics: participation rate (an indicator of trust in the channel), number and type of issues raised, percentage of issues resolved or actioned, and downstream engagement and retention signals. Combine these with qualitative indicators like whether employees can point to specific changes that came from feedback. Backing the channel with reliable [whistleblowing software](/articles/whistleblowing-software) helps capture and analyse the data without compromising anonymity. ### Sources 1. Sex Discrimination Act 1984 (Cth), positive duty provisions (Part II, Division 3) 2. Australian Human Rights Commission, Guidelines for Complying with the Positive Duty under the Sex Discrimination Act 1984 (Cth) 3. Safe Work Australia, Model Code of Practice: Managing psychosocial hazards at work (2022) 4. Privacy Act 1988 (Cth) and Privacy Act 2020 (NZ), applicable to personal information collected through feedback systems 5. ISO 37002:2021, Whistleblowing management systems, Guidelines _This article is general information only, not legal advice. Laws change and individual circumstances differ. For advice on your specific circumstances, consult a qualified legal practitioner. See our [Terms of Use](/policies/terms) for the full disclaimer._ ## You might also like --- url: https://elker.com/articles/anonymous-reporting-advantages-disadvantages title: "Anonymous Reporting in the Workplace - Pros & Cons" description: "Explore the impact, rewards and challenges of anonymous reporting in the workplace. Protect your organisation's financial health and reputation." locale: en-AU generated: 2026-07-01T14:05:39.217Z --- Aug 10, 2023 # Anonymous Reporting In the Workplace - Advantages and Disadvantages [Reporting](/blog/reporting)[Compliance](/blog/compliance) Exploring the impact, rewards and challenges of workplace whistleblowing for a safer, more transparent work environment. ![The advantages and disadvantages of anonymous reporting in the workplace: guide](https://media.elker.com/3cb21258-85ed-49fc-b1c4-526bc3e98e56/anonymous-reporting-benefits.jpeg?width=992) ByElker Editorial TeamReviewed byJack MurrayUpdated22 April 2026 **TL;DR** - Anonymous reporting lets workers, clients, students, or other stakeholders raise concerns or submit feedback without revealing their identity. It is distinct from confidential reporting, where identity is known to a small group but shielded from wider disclosure. - **Main advantages:** stronger trust and transparency, removal of communication barriers, higher reporting rates, quality firsthand insight from the people closest to the issue, and support for compliance with the positive duty under the Sex Discrimination Act 1984 (Cth). - **Main disadvantages:** investigations can be more complicated without an identifiable source, there is potential for misuse through malicious or vexatious reports, and legal handling of anonymous disclosures can be intricate depending on the issue and jurisdiction. - Modern speak-up platforms mitigate these disadvantages through features like collaborative or co-filed reports, secure two-way messaging that preserves anonymity, case management workflows, and end-to-end encryption. - Anonymous reporting is a mechanism of disclosure. [Whistleblowing](/articles/what-is-whistleblowing) is the act itself, covering matters like fraud, health hazards, or misconduct that harms individuals, the organisation, or the public. The two are related but not the same. The most significant risks for organisations can be those they're only aware of once it's too late. Employees or customers are notoriously reluctant to raise issues, meaning they're often only uncovered and dealt with once they become serious problems. Whether the problem is poor service, work health and safety red flags, or human resources issues like [workplace bullying](/articles/understanding-and-preventing-workplace-bullying), fraud, [discrimination](/articles/discrimination-in-the-workplace), and [sexual harassment](/articles/5-risk-factors-for-sexual-harassment-in-the-workplace), anonymous reporting [encourages people to speak up](/articles/speak-up-culture)and share important information without fear of reprisal. As businesses strive to foster an environment of trust and accountability, anonymous reporting stands out as both a tool and a topic of debate. This guide delves into the intricacies of reporting and the rewards of implementing a whistleblowing platform. ## What is anonymous reporting? Anonymous reporting allows individuals to flag concerns or provide feedback without revealing their identity. Unlike confidential reporting, where the identity is known to a select few but protected from wider dissemination, anonymous reporting ensures complete anonymity and privacy. The essence is to create a safe space, free from the fear of retaliation or bias, where workplace issues can be brought to attention, empowering employees, clients or students. ## Key question: Is anonymous reporting the same as whistleblowing? Whistleblowing is the act of coming forward and disclosing information that points to wrongdoing, sometimes of a severe or illegal nature. [Whistleblowing](/articles/what-is-whistleblowing) often involves exposing violations of public interest, such as fraudulent activity, health hazards, or workplace behaviour that could harm individuals, the company or the broader community. Anonymous reporting is the mechanism of disclosure: the tools, policies and methods by which employees or stakeholders can raise concerns or [provide feedback without revealing their identity](/articles/anonymous-employee-feedback). It is in the interest of the government, companies, and organisations to have secure reporting channels through which whistleblowing can be conducted by employees. As the article will discuss, there are advantages and disadvantages of whistleblowing that should be weighed when shaping governance and policies. The Elker platform facilitates whistleblowing through anonymous reporting software. A secure, encrypted app ensures that users can safely voice concerns—minor discrepancies or [severe misconduct](/articles/dealing-with-workplace-misconduct)—without fearing retribution. Promoting whistleblowing in the workplace serves dual purposes. Not only does it allow business owners and organisations to identify and address potential risks early on, but it also helps foster a culture where individuals are encouraged to report issues. By empowering workers in this way, organisations can ensure a healthier work environment and support the well-being of their employees. ## Key question: Is anonymous reporting really anonymous? When it comes to reporting sensitive issues, the concern of anonymity often takes centre stage. After all, the assurance of one's identity remaining confidential can be the difference between speaking out and staying silent. Elker understands this critical need for anonymity and has taken several measures to ensure the trustworthiness, reputation, and confidentiality of its platform: **Guaranteed anonymity:** For those choosing to remain anonymous, Elker commits to shielding your identity. It remains confidential unless you, at any future point, decide otherwise. **Selective data collection:** Elker only gathers the bare minimum—the data essential for facilitating your anonymous report. It ensures communication only with relevant parties to your case. Extraneous information that doesn't serve this purpose is never requested. **User-led information sharing:** With Elker, the reins are in your hands. You have the autonomy to determine who within the organisation gets access to the details you share. **End-to-end encryption:** The [security of your data is our utmost priority](/security). Elker uses leading encryption techniques to safeguard data while it's stored and during its transmission. Regular updates keep these encryption protocols in sync with the latest industry benchmarks. **Ongoing security assessments:** Beyond our internal measures, Elker undergoes periodic external penetration tests. Identified vulnerabilities are swiftly patched, ensuring the platform's resilience against potential threats. > "Every company thrives when its employees are its keenest observers. Whistleblowing is not dissent; it's a deep commitment to the organisation's betterment." ## **Advantages and disadvantages of whistleblowing in the workplace: the pros** Adopting reporting tools in the workplace isn't merely a strategic decision; it's a commitment to promoting a transparent and inclusive environment. There are many advantages of whistleblowing that should be considered for any workplace: - **Trust and transparency**: Providing workers with a platform to voice concerns without fear strengthens trust. It shows that the business prioritises transparency and values its workforce's well-being. - **Enhanced communication**: Anonymous channels remove barriers to communication. Employees, who might otherwise remain silent for fear of repercussions, are more likely to voice workplace complaints, fostering a dialogue that might lead to critical solutions. - **Increased reporting rates**: A natural outcome of trust and open communication channels is the uptick in reports. It ensures that no concern goes unnoticed and enables timely intervention. - **Quality insights**: Employees or stakeholders directly involved with services frequently possess valuable insights. Offering them a reporting channel ensures they share their firsthand observations and critiques. Reporting empowers organisations to identify areas of improvement and act accordingly. - **Compliance**: From 12 December 2023, all Australian businesses and organisations must adhere to the [positive duty in the Sex Discrimination Act](/articles/7-standards-positive-duty-sex-discrimination-act). Implementing an anonymous reporting platform is recommended by the Australian Human Rights Commission as one method to achieve compliance and eliminate sexual harassment and sex-based discrimination in the workplace. ## **Cons: What risks and challenges are involved with anonymous workplace reporting?** Despite the apparent advantages, organisations must be mindful of potential pitfalls and challenges: - **Complicated investigations**: Anonymity, while protecting the whistleblower, might pose challenges during case investigations. Without a known source, corroborating details or seeking clarifications can become complex. - **Potential misuse**: As with any whistleblowing tool, there is potential for abuse. The cloak of anonymity might occasionally be exploited to lodge false or malicious complaints stemming from personal vendettas or conflicts. - **Legal implications**: The legal landscape surrounding anonymous reports can be intricate. Depending on the report's specifics and regional laws, appropriately managing and responding to anonymous reports might necessitate legal counsel. **Understanding these problems, Elker seeks to clarify the reporting pathway through solutions that address these pitfalls.** ### **Complicated investigations** Investigations can be intricate when the source is unclear, leading to potential missteps or unresolved issues. Elker addresses this by: - **Collaborative reporting**: Allowing individuals to co-file complaints or ideas with another person enhances the report's credibility and provides a more comprehensive perspective. - **Streamlined case management**: Through Elker's advanced case management system, whistleblowers can submit a report, select the appropriate stakeholders to notify, and even have avenues for two-way communication. These mechanisms ensure the details are robust and actionable even without a known source. ### **Potential misuse** The cloak of anonymity, while empowering, can occasionally be misused. However, Elker emphasises the following: - **Proper workplace procedures**: Elker is a tool to facilitate transparent communication. Yet, it does not replace workplace procedures that address accusations of workplace [misconduct](/articles/serious-misconduct). It's important for organisations to have a system to evaluate the evidence of each report. - **Balancing risks and rewards**: The benefits of fostering an environment where employees can communicate freely without fearing retaliation often outweigh the occasional challenges. By providing structured avenues for reporting, Elker minimises the avenues for misuse, emphasising the positive impact of open dialogue. Read our article, [What is whistleblowing](/articles/what-is-whistleblowing), for an in-depth look at the ethics of whistleblowing, financial reward, job protection, laws and employers' responsibilities. ## **Securing trust: why workplace whistleblowing matters** In our workplace environments, diligence towards occupational compliance and governance has never been more pronounced. Overlooking these aspects can result in significant challenges, from financial repercussions due to fraud to reputational impacts from harassment scandals. Institutions are recognising the value of proactive [cultural auditing](/articles/culture-audit-guide). Whistleblowing doesn't just safeguard against fraud and employee misconduct but also enhances overall organisational health.  Educational institutions, particularly [universities](/use-cases/universities), are under increasing scrutiny regarding student safety. The urgency for ensuring a safe environment within these educational settings has never been more pronounced. Recent findings from the 2022 National Student Safety Survey paint a sobering picture: - Weekly assaults: Approximately 275 students face assaults within university settings each week. - Annual harassment: Over a 12-month period, one in twelve students becomes a victim of sexual harassment. - Low reporting rates: Distressingly, formal reporting remains alarmingly low. - For sexual harassment, only one in 30 victims make a formal complaint. - For sexual violence, the number dwindles to just one in 20. - Lack of reporting awareness: Half of the students surveyed expressed uncertainty or complete unawareness about the formal reporting processes for incidents of sexual harassment and assault. [The Respect at Work Bill](/articles/what-the-respect-at-work-bill-means-for-your-business) passed recently emphasised the need for proactive measures in the workplace. It mandates that businesses actively [promote a culture of respect](/articles/respect-in-the-workplace) and safety rather than merely reacting to incidents. This law is about more than just meeting legal requirements. It's a push for every employer to create an environment where everyone feels acknowledged and safe. With the Australian Human Rights Commission overseeing compliance, businesses are legally accountable and suffer financial and reputational consequences for non-adherence. Likewise, the [new Aged Care Act](/articles/whistleblowing-in-aged-care) of 2024 will require aged care facilities to have a whistleblowing system for managing sensitive disclosures. [Implementing an anonymous reporting platform](/articles/whistleblowing-software) in the workplace strengthens an organisation's [ethical foundation](/articles/ethics-hotline) and commitment to transparency. In this age of heightened accountability, businesses and institutions recognise the vast advantages of such systems. These tools address challenges head-on and pave the way for a culture of trust and continuous growth. For modern governance, tools like Elker are not just beneficial but essential. ## **Want to discuss the pros and cons?** Elker is a platform designed to help employees speak up on issues in the workplace. Minor workplace complaints and [employee feedback](/articles/employee-engagement-survey-questions) can often lead to the early resolution of major issues. Elker was designed from the ground up by lawyers to satisfy all relevant compliance regulations in Australia: the Fair Work Act, the Sex Discrimination Act and the Whistleblowing & [Public Interest Disclosure Act](/articles/public-interest-disclosure-act-2013). Trusted by the University of Melbourne, hospitality industry leaders, Solotel, and government organisations like the Legal Services Commissioner NSW, find out how Elker can assist your business with anonymous reporting.  You can [learn more about Elker's features here](/features). If you would like a demonstration of the Elker platform and mobile app, you can [book a demonstration](/book-demo). ### Key takeaways - The most significant risks in any organisation are the ones leadership only learns about once it is too late. Anonymous channels reach those risks earlier by lowering the personal cost of speaking up. - Guaranteed anonymity rests on practical design choices: minimal data collection, user-controlled information sharing, end-to-end encryption, and regular external penetration testing. An anonymous option without those controls is only as strong as its weakest link. - Anonymous reporting is especially important for sectors with vulnerable reporters. University students, aged care residents, and school communities show consistently low formal reporting rates despite high incident prevalence. - An anonymous platform is a tool, not a substitute for workplace investigation and response procedures. Every report still needs evidence, triage, and a fair process before findings are made. - A well-designed channel supports both sides of the trade-off: workers who want anonymity get it, workers who prefer to identify themselves can, and investigators can ask follow-up questions through secure two-way messaging without compromising either choice. ## Frequently asked questions No. [Whistleblowing](/articles/what-is-whistleblowing) is the act of coming forward with information about wrongdoing, sometimes of a severe or illegal nature. Anonymous reporting is the mechanism: the tools, policies, and channels through which concerns can be raised without the reporter having to identify themselves. A disclosure can be anonymous, confidential, or identified, and still count as whistleblowing. Five stand out. Trust and transparency, because a safe channel signals that the organisation values its workforce. Enhanced communication, because workers speak up who would otherwise stay silent. Higher reporting rates. Better quality insight from people closest to operations. Compliance support for Australian employers meeting the [positive duty under the Sex Discrimination Act](/articles/7-standards-positive-duty-sex-discrimination-act), which the Australian Human Rights Commission recommends as one way to eliminate sexual harassment and sex-based discrimination. Three commonly cited concerns. Investigations can be more difficult without an identifiable reporter to clarify or corroborate details. There is potential for misuse by people lodging false or malicious complaints. And the legal landscape around anonymous disclosures can be intricate, sometimes requiring legal counsel. Modern platforms that support secure two-way messaging, collaborative reporting, and strong case management go a long way to closing the first gap. Look for several practical controls: selective data collection (only the minimum needed to handle the report), user-led information sharing so the reporter decides who sees what, end-to-end encryption in transit and at rest, regular external penetration testing, and a commitment that identity is not revealed unless the reporter chooses to disclose it later. See our [whistleblowing software](/articles/whistleblowing-software) guide for a comparison of leading platforms. Yes, and it is especially important in those settings. Research on Australian universities found weekly sexual assaults and high annual harassment rates, yet only around one in 30 victims of sexual harassment and one in 20 of sexual violence made a formal complaint. An anonymous channel designed for young people dramatically lowers the barrier to disclosure. Our [schools reporting](/articles/anonymous-reporting-for-schools) guide covers the specifics. ### Sources 1. Sex Discrimination Act 1984 (Cth), positive duty provisions 2. Australian Human Rights Commission, Guidelines for Complying with the Positive Duty under the Sex Discrimination Act 1984 (Cth) 3. Corporations Act 2001 (Cth), Part 9.4AAA whistleblower protections 4. Universities Australia, 2022 National Student Safety Survey 5. ASIC Regulatory Guide 270: Whistleblower policies 6. ISO 37002:2021, Whistleblowing management systems, Guidelines _This article is general information only, not legal advice. Laws change and individual circumstances differ. For advice on your specific circumstances, consult a qualified legal practitioner. See our [Terms of Use](/policies/terms) for the full disclaimer._ ## You might also like --- url: https://elker.com/articles/anonymous-reporting-for-schools title: "Anonymous Reporting App for Schools to Enhance Safety" description: "Anonymous reporting apps are critical in detecting and preventing bullying, harassment, and safety issues in educational institutions. Find out how." locale: en-AU generated: 2026-07-01T14:05:39.281Z --- Apr 3, 2024 # Anonymous Reporting App for Schools to Enhance Safety [Compliance](/blog/compliance)[Reporting](/blog/reporting)[Cultural change](/blog/cultural-change) Recent incidents at Australian schools have brought the issue of student safety and well-being to public attention. These cases highlight the need for school reporting systems that allow students, staff, and parents to voice their concerns safely and transparently. Anonymous reporting apps have been critical in detecting and preventing bullying, harassment, and safety issues in educational institutions. ![Anonymous reporting for schools to enhance safety](https://media.elker.com/95e82cfb-04ea-4f76-8ee1-64f15a714c5a/anonymous_reporting_for_schools_1.png?width=992) ByElker Editorial TeamReviewed byJack MurrayUpdated22 April 2026 **TL;DR** - Anonymous reporting apps give students, parents, and school staff a secure and accessible way to raise concerns about bullying, harassment, abuse, and safety issues without fearing retaliation or shame. They directly address the barriers (fear, intimidation, lack of awareness, retaliation concerns) that stop most incidents in schools from being reported. - The 2017 Royal Commission into Institutional Responses to Child Sexual Abuse developed the Child Safe Standards, which recommend that institutions establish confidential complaint mechanisms, respond promptly to disclosures, and encourage reporting and intervention across the school community. - Modern reporting apps improve on legacy channels (in-person disclosures, anonymous email, telephone hotlines) because legacy channels often fail to protect anonymity and give responders no way to follow up with the reporter for clarification or support. - Purpose-built school tools should include age-appropriate language and guidance, [trauma-informed and person-centred](/articles/person-centred-and-trauma-informed-approach) response templates, end-to-end encryption, auto-translation for students from non-English-speaking backgrounds, customisable reporting pathways, case management, mobile access, and real-time analytics for trend detection. - An anonymous channel complements (rather than replaces) mandatory reporting obligations, principal disclosures, and external routes like the police, state departments of education, and teacher registration bodies. ## Making institutions child-safe In 2017, the Royal Commission into Institutional Responses to Child Sexual Abuse underscored significant failures in protecting our most vulnerable. The Commission found that many victims of abuse did not report their experiences due to fear, shame, or a lack of faith in the reporting process. To address these issues, the Commission developed the [Child Safe Standards](https://www.childabuseroyalcommission.gov.au/sites/default/files/final_report_-_volume_6_making_institutions_child_safe.pdf) to improve child safety across various institutions, including schools. It is now recommended that institutions: - update their code of conduct, policies and response procedures to reflect the changing nature of online communications - adopt effective complaint-handling procedures - respond promptly and thoroughly to complaints - encourage reporting, intervention and proactive responses from the community - establish mechanisms for children, staff and families to make a confidential complaint, and - respond appropriately to disclosures, allegations and suspicions of harm. Anonymous reporting systems, [such as Elker](/use-cases/schools), align with the Child Safe Standards by providing a secure, easy-to-use and anonymous way for students, parents, and teachers to [report concerns](/articles/what-is-whistleblowing) or incidents without fear of reprisal. > Young people suggested anonymous complaint mechanisms could be developed to overcome these challenges. [p.155 - Final report](https://www.royalcommission.gov.au/system/files/2021-08/carc-final-report-volume-7-improving-institutiona-responding-and-reporting_1.pdf) - Volume 7 - Improving institutional responding and reporting ## Barriers to reporting Many incidents go unreported due to the following obstacles: - **Shame:** Children may feel shame over the incident or feel too intimidated to report in person. - **Retaliation:** Students and staff may fear retaliation or further [victimisation](/articles/what-is-unlawful-victimisation-in-the-workplace) from making a disclosure. - **Education:** Lack of awareness about reporting processes or what constitutes reportable behaviour. - **Accessibility:** Inaccessible reporting systems, especially for younger students, ESL students or students with disabilities. - **Accountability:** A belief that the report won't be taken seriously or that the investigation process is not transparent. - **Generational understanding**: Some students reported that some adults lacked the understanding of various apps and communication tools where cyberbullying and abuse were taking place. ![Anonymous reporting for schools: speaking up about bullying and misconduct with Elker](https://media.elker.com/004b9a62-f578-49d8-9f35-70e6654f2aa7/anonymous_reporting_for_schools_2_aec776777b.png?width=992) ## Implementing a school reporting system In recent years, anonymous reporting apps have become [increasingly popular among schools](/use-cases/schools), [universities](/use-cases/universities), and [businesses](/use-cases/businesses) to capture sensitive disclosures and protect students and staff. Previously, reporting was done in person, via an anonymous email contact form, or telephone hotline. However, these methods often [fail to protect the anonymity of reporters](/articles/anonymous-reporting-advantages-disadvantages) and don't give responders a way to follow up on cases. Modern technology has vastly improved, allowing organisations to now be proactive in detecting incidents and supporting the safety of those making reports. Elker's anonymous reporting app is designed to address these barriers head-on, offering a user-friendly, secure, and customisable solution for schools. With [features like end-to-end encryption](/features), Elker ensures the anonymity of reporters, fostering trust in the system. The platform's intuitive interface makes it easy for students of all ages to report concerns, while customisable reporting pathways allow schools to tailor the process to their specific needs. ### Customised for children Elker understands that children may have difficulty articulating their concerns or may accidentally disclose their identity when reporting. To address this, Elker uses easy-to-understand language and guides children through the reporting process, ensuring they feel safe and supported. ### Child-focused and trauma-informed response templates Responding to sensitive disclosures can be challenging. Elker simplifies the response process with comprehensive data capture while maintaining a [trauma-informed and person-centred approach](/articles/person-centred-and-trauma-informed-approach) to sensitive reports. This ensures that every report is handled with the utmost care and sensitivity. ### Training Elker provides training and guides for responding to and managing cases, ensuring school staff have the knowledge and skills to handle reports effectively. ### Compliance Elker ensures compliance with child protection laws and privacy requirements for mandatory reporting. The platform ensures that schools are compliant with existing regulations and are prepared for all future legislative requirements. ### Auto-translation and accessibility Elker assists with automatic translation, enabling children from non-English-speaking backgrounds to make clear reports in their preferred language. ### Real-time analytics and pulse surveys Elker's real-time analytics help schools make data-driven decisions, proactively managing risks and safeguarding the well-being of students and staff. Pulse surveys [assess the safety climate](/articles/culture-audit-guide) within the school community, providing students and staff with a platform to [express safety concerns and provide feedback](/articles/anonymous-employee-feedback). ### End-to-end encryption Elker uses end-to-end encryption to ensure the highest level of security and confidentiality for all reports. This means that only the intended recipient can access the contents of a report, and no one else, not even Elker staff, can view the sensitive information contained within. ### Customisable reporting pathways Every school is unique, and Elker recognises this by offering customisable reporting options. Schools can tailor the reporting process to their specific needs, ensuring that reports are directed to the appropriate staff members and that the necessary steps are taken to address each concern. Elker allows you to report as an individual, or in a group, select the appropriate case manager and upload evidence. ### Efficient incident management Elker's built-in case management system helps schools organise, track, and resolve reports efficiently. Staff can assign cases, set deadlines, and collaborate with one another to ensure that each report receives the attention it deserves. ### Mobile app Elker's mobile app makes it easy for students, staff, and parents to submit reports from anywhere, at any time. The app is user-friendly and intuitive, ensuring that anyone can use it to report concerns quickly and easily. ### Analytics Elker's advanced analytics tools provide schools with valuable insights into reporting trends and patterns. This information can help schools identify areas of concern, allocate resources effectively, and make data-driven decisions to improve student safety and well-being. ![Anonymous reporting for schools: what can be reported on the app?](https://media.elker.com/2891fc79-f5b3-4004-8adf-a7876c5a6a84/anonymous_reporting_for_schools_3.png?width=992) ## Conclusion In light of recent incidents in Australian schools, the importance of anonymous reporting systems cannot be overstated. By providing a secure and accessible platform for students, staff, and parents to voice their concerns, tools like Elker play a vital role in enhancing safety, preventing harm and safeguarding the integrity of your school. If you would like to find out more, [book a demonstration](/book-demo) of the platform or [request a quote](/pricing) for your school. ### Key takeaways - The six barriers to student reporting (shame, retaliation, lack of education about the process, accessibility, lack of accountability, generational gaps in understanding online spaces) each require a different design response. A tool that only tackles one of them leaves the others in place. - Many instances of cyberbullying and online abuse happen on platforms adults at the school may not understand well. A reporting channel has to accept disclosures about conduct occurring outside the classroom and outside school hours. - Accessibility is a first-class design requirement. Younger students, students with disabilities, and students from non-English-speaking backgrounds each need specific accommodations (simple language, translation, visual cues, mobile-first interfaces). - Follow-up capability separates serious school tools from form-based channels. Anonymous two-way messaging lets responders ask clarifying questions and provide welfare support without breaking anonymity. - Aggregated analytics from a school reporting channel can surface patterns across year levels, classes, locations, and times of day. Those patterns drive targeted prevention alongside individual case handling. ## Frequently asked questions It gives students, parents, and staff a secure, low-barrier channel for raising safety concerns, early signs of bullying, or disclosures of abuse. When students see that reports are taken seriously and followed up on, the channel reinforces a speak-up culture and shifts the school from reactive incident response to early intervention. Tools built on a [respectful environment](/articles/respect-in-the-workplace) approach support this directly. The combination of a streamlined intake process, confidentiality protections through features like end-to-end encryption and secure messaging, customisable workflows that match the school's internal escalation paths, and direct evidence upload (photos, screenshots, documents). Strong [case management](/articles/dealing-with-workplace-misconduct) lets staff triage, investigate, and close the loop while keeping reporters anonymous where they choose to be. Reporting saves lives. If a crime has been committed, the first call should be to the police. For other concerns, schools should publicise the anonymous channel across multiple touchpoints (the intranet, posters, classroom introductions), and make clear that direct disclosure to a principal or head teacher is also an option. State departments of education and teacher registration bodies offer additional external routes for parents and carers. Tackle the underlying dynamics of [bullying](/articles/understanding-and-preventing-workplace-bullying) at the same time as building the reporting channel. Through end-to-end encryption of submissions and messages, selective data collection (only what is necessary to handle the report), user-controlled sharing so the reporter decides which staff see their information, regular security testing, and training for case managers on confidentiality obligations. Confidentiality is undermined when staff discuss reports informally, so process discipline matters as much as the technology. They work together. Designated staff (typically teachers, principals, and other prescribed persons) still have mandatory obligations to report suspected child abuse to child protection authorities. An anonymous school channel gives students, parents, and other community members a route to raise concerns that may then trigger mandatory reporting by the staff member who receives the disclosure. Both pathways are needed, and protecting reporters against [victimisation](/articles/what-is-unlawful-victimisation-in-the-workplace) underpins both. ### Sources 1. Royal Commission into Institutional Responses to Child Sexual Abuse, Final Report Volume 6: Making institutions child safe (2017) 2. National Office for Child Safety, National Principles for Child Safe Organisations 3. Australian Institute of Family Studies, Mandatory reporting of child abuse and neglect resource sheet 4. NSW Department of Education, guidance for parents, carers and students on complaints 5. Victorian Institute of Teaching, complaints and conduct resources 6. Oranga Tamariki and the Children's Act 2014 (NZ) _This article is general information only, not legal advice. Laws change and individual circumstances differ. For advice on your specific circumstances, consult a qualified legal practitioner. See our [Terms of Use](/policies/terms) for the full disclaimer._ ## You might also like --- url: https://elker.com/articles/asic-report-827-whistleblower-policies title: "ASIC Report 827: Whistleblower Findings and What They Mean (2026)" description: "ASIC Report 827 surveyed 134 Australian companies on whistleblower policies. The findings, the gaps the regulator flagged, and the practical actions for boards and compliance teams in 2026." locale: en-AU generated: 2026-07-01T14:05:39.350Z --- Apr 30, 2026 # ASIC Report 827: what the whistleblower questionnaire findings mean for Australian companies in 2026 [Compliance](/blog/compliance)[Reporting](/blog/reporting) ASIC's first benchmarking of corporate whistleblower programs surveyed 134 companies and found wide variation. Here is what the findings say, what the regulator now expects, and the practical actions a board and compliance team should take this year. ![Asic Report 827 Whistleblower Policies](https://media.elker.com/dce7d670-c750-4860-933a-80a91e38674b/asic-report-827-whistleblower-policies.png?width=992) ByElker Editorial TeamReviewed byJack MurrayUpdated12 May 2026 On 4 December 2025, the Australian Securities and Investments Commission published Report 827, _Insights from the ASIC whistleblower questionnaire: July 2024 to June 2025_. It is the first time the regulator has systematically benchmarked how Australian companies actually run their whistleblower programs. The report is short on rhetoric and long on numbers, which is what makes it useful. The numbers tell a clear story: most listed and large proprietary companies have a policy on paper, far fewer have a program in practice, and a small minority do almost all the work. The findings will shape how ASIC approaches whistleblower compliance through 2026 and beyond. ASIC has now publicly stated it will directly contact companies whose practices fall short of the report's benchmarks and will increase ongoing monitoring of policy effectiveness, not just policy existence. Boards, audit and risk committees, compliance leads, and general counsel all have homework to do. What follows is a walk through the report's specific findings, the legal framework they sit inside, the gap between policy and practice the regulator has now formally documented, and a practical action list for the next few months. Statutory references throughout are to the Corporations Act 2001 (Cth) Part 9.4AAA and ASIC Regulatory Guide 270. ## TL;DR - ASIC Report 827 (published 4 December 2025) surveyed 134 Australian companies across 18 industries on their whistleblower policies and practices for the period July 2024 to June 2025. It is the regulator's first benchmarking exercise of its kind. - Across the 134 entities, respondents reported 8,095 whistleblower disclosures with an average investigation time of 49 days. About 69 per cent of disclosures came in through a dedicated whistleblower web page or hotline. Roughly 24 per cent of investigated in-scope disclosures were ultimately substantiated. - Disclosures are heavily concentrated. Just 13 entities (around 10 per cent of the sample) accounted for approximately 74 per cent of all disclosures received. About 22 per cent of surveyed companies reported receiving no disclosures at all over the year. - The biggest gaps ASIC flagged: more than one-third of entities did not provide a dedicated whistleblower web page, around a quarter did not provide regular staff training, more than half had not sought employee feedback on the program in the previous year, and 30 per cent did not regularly review program effectiveness. - Concerns about whistleblower mistreatment are not theoretical. 24 of the 134 surveyed companies (18 per cent) had at least one report raising mistreatment concerns. Among companies that had received any in-scope reports, the figure rises to about 28 per cent (24 of 75). - The report does not change the law. The legal baseline remains s1317AI of the Corporations Act 2001 (Cth), and the supporting expectations are set out in ASIC Regulatory Guide 270. What Report 827 does is tell companies how the regulator now expects to assess compliance, against benchmarks rather than just policy text. ## Key takeaways - ASIC has moved from "do you have a policy?" to "is the policy doing anything?" If your last whistleblower policy review focused on the document itself, the next one should focus on the program: training cadence, channel usage, investigation times, board reporting, and how the organisation tests whether workers actually trust the system. - A program with zero disclosures over a year is not a sign of a clean culture. ASIC says it should prompt directors to ask whether workers know about the channel, whether they have confidence in it, and whether anonymous options are genuinely available. - A dedicated whistleblower web page is now the regulator's clear expectation, not an optional extra. The same applies to the ability for an anonymous discloser to maintain two-way contact with the company through the investigation. - Senior management and the board should be receiving structured reporting on disclosures, investigations, outcomes, and any retaliation concerns. Without that, oversight is nominal. - Public companies, large proprietary companies, and corporate trustees of registrable superannuation entities all carry the s1317AI policy obligation. Failure to comply is a strict liability offence carrying 60 penalty units (currently $19,800 at the $330 Commonwealth penalty unit value; the value applies until 30 June 2026 with the next indexation on 1 July 2026 under s 4AA of the Crimes Act 1914 (Cth)). ## What ASIC Report 827 actually contains Report 827 is the published output of an ASIC questionnaire sent to 134 Australian companies covering the financial year 1 July 2024 to 30 June 2025. The sample spans 18 industries. The report walks through what the surveyed entities reported about their whistleblower program governance, channel design, training, investigation practices, retaliation safeguards, and review processes, then sets those self-reports against ASIC's expectations under the Corporations Act and Regulatory Guide 270. The data in the report is self-reported, not independently audited. ASIC is candid about that limitation. Some respondents will have presented their programs in the most favourable light available, which means the gaps the report flags should be read as a floor on the actual problem, not a ceiling. The report is paired with media release 25-294MR. ASIC Commissioner Alan Kirkland framed the findings this way: "Whistleblowers play a crucial role in identifying and exposing misconduct that can harm customers, shareholders, companies and the broader community. Without effective policies and programs to encourage whistleblowers to come forward, misconduct may otherwise go unreported and undetected." The report is not a regulatory guide and does not change the law. It sits alongside ASIC's existing guidance, including Regulatory Guide 270 _Whistleblower policies_ (issued November 2019) and Report 758, and it tells the market how the regulator currently weighs the evidence of whether a program is working. If you want the foundational legal framework rather than just the practice benchmark, see our companion guide on [Corporations Act whistleblower protections](/articles/corporations-act-whistleblower-protections) and the broader [whistleblower protection in Australia](/articles/whistleblower-protection-australia) overview. ## The headline numbers Five numbers carry most of the weight in Report 827. **8,095 disclosures across 134 companies in one year.** That is the topline volume. It sounds like a lot until you set it against the population: 134 of Australia's largest entities, employing many hundreds of thousands of workers between them, generated about 8,000 protected disclosures over twelve months. Most workers in most years still do not raise concerns through the formal channel. **49 days average investigation time.** Whether 49 days is good depends on how you measure. For a complex fraud or harassment investigation, six to seven weeks is brisk. For a simpler disclosure that needed routing to the right team and a confirmation back to the discloser, 49 days is slow. ASIC does not pick a target number; it leaves boards to judge whether their own averages are defensible against the type and complexity of the cases they handle. **69 per cent of disclosures came in via a dedicated web page or hotline.** Workers prefer structured, distinct channels when they exist. The remaining 31 per cent flowed in through email, in-person conversation with managers, HR intake, or other ad-hoc routes. Each of those routes lacks the audit trail and routing of a dedicated channel, which is why ASIC keeps coming back to web page and hotline coverage as a baseline expectation. **24 per cent of investigated in-scope disclosures were substantiated.** "In-scope" means the disclosure met the Part 9.4AAA threshold (misconduct, or an improper state of affairs, in relation to the regulated entity, made by an eligible whistleblower to an eligible recipient under s1317AA). Roughly one in four investigated in-scope disclosures led to a finding of substantiated wrongdoing. ASIC frames that as a useful signal of program function: surveyed companies are following concerns through to a finding rather than receiving them and quietly closing them out. **13 entities accounted for around 74 per cent of disclosures.** This is the finding that gets the least attention and matters the most. About one in ten of the surveyed companies absorbed roughly three-quarters of the total disclosure flow. The other 121 entities, between them, generated about a quarter. Twenty-two per cent reported receiving no disclosures at all over the full year. ASIC's reading of the concentration finding is that it is far more likely to indicate channel under-use than corporate virtue. A board sitting on a "zero disclosures" annual report should ask three questions before celebrating: Do workers know the channel exists? Do they trust it? And is there an anonymous, low-friction option that does not require a worker to identify themselves to a manager they may not trust? ## Where the gaps are The report identifies four practice gaps that recur across companies of every size. **Dedicated whistleblower web pages.** More than one-third of surveyed entities did not provide one. A web page is the single most accessible point of formal entry for a worker thinking about disclosing, and it is the channel the surveyed companies most commonly attributed disclosures to. Without it, the policy is in a PDF on the intranet and the channel is a manager's email address. **Regular staff training.** Around 25 per cent of companies did not provide regular training to staff on the whistleblower program. ASIC reads training as a leading indicator, since it is one of the few program elements a company controls completely and one of the few that workers reliably remember. A program that exists but is not actively communicated tends not to get used. **Employee feedback on the program.** More than half had not sought feedback from employees in the previous year on how the program was designed or how it operated. This is the closest the report comes to an opinion on culture: a program that has never asked workers what they think of it is unlikely to be earning their trust. **Regular review of program effectiveness.** Thirty per cent of surveyed companies did not regularly review whether the program was working. Without that review cycle, problems compound: training falls out of date, channels stagnate, retaliation safeguards drift. The four gaps are connected. A program without a dedicated web page tends to lack training that points workers at it. A program without training tends not to ask for feedback. A program that does not seek feedback rarely gets reviewed for effectiveness. The pattern that recurs in the data is of programs designed once, blessed by the board at adoption, and left alone for years. ## The mistreatment finding The single hardest finding in Report 827 to read past is the figure on whistleblower mistreatment. 24 of the 134 surveyed companies (about 18 per cent) reported at least one disclosure that raised concerns about whistleblower mistreatment over the survey year. When ASIC narrowed the calculation to companies that had received any in-scope reports at all, the figure rose to roughly 28 per cent (24 of 75). That is not a marginal number. Around one in five surveyed companies had at least one allegation that the company had handled a whistleblower badly. Among companies actually receiving disclosures, roughly one in four. The mistreatment finding is the most direct evidence in the report that the legal protection regime, on paper since 1 July 2019 in its current form under the _Treasury Laws Amendment (Enhancing Whistleblower Protections) Act 2019_, is not yet matching practice. Mistreatment is the precise harm the Corporations Act regime was strengthened in 2019 to prevent. Sections 1317AC and 1317AD make it a contravention to cause detriment to a discloser, with penalties that escalate quickly: civil penalties up to 5,000 penalty units (approximately $1.65 million at the current $330 Commonwealth penalty unit value) for an individual, and up to 50,000 penalty units (approximately $16.5 million), three times the benefit derived, or 10 per cent of annual turnover (capped at 2.5 million penalty units) for a body corporate. ASIC's first whistleblower retaliation civil penalty case, _ASIC v TerraCom Ltd (No 3) \[2025\] FCA 1017_, concluded on 26 August 2025 when the Federal Court (Justice Jackman) ordered a $7.5 million penalty plus $1 million in costs after TerraCom admitted contraventions. The penalty represented roughly 30 per cent of the maximum (~$24.49 million, calculated as 10 per cent of TerraCom's annual turnover for the 12 months to February 2020). That outcome and the timing of Report 827 are not unrelated. The regulator is signalling, with both data and enforcement, that whistleblower retaliation is a live risk and that companies cannot rely on policy text alone to manage it. For a deeper walk-through of the protections in question, see [Corporations Act whistleblower protections](/articles/corporations-act-whistleblower-protections), and for the practical investigation pathway that minimises retaliation risk, see our guide to [dealing with workplace misconduct](/articles/dealing-with-workplace-misconduct). ## What listed and large proprietary entities have to do The legal baseline has not moved. Public companies and large proprietary companies still have to maintain a whistleblower policy that meets s 1317AI of the Corporations Act, in force since 1 January 2020. What Report 827 changes is how the regulator now expects to see that policy translated into a working program. Three things are worth restating because the report makes them more enforceable in practice. **Who carries the s1317AI policy obligation.** Public companies, large proprietary companies, and proprietary companies that are corporate trustees of registrable superannuation entities. A "large proprietary company" is defined in s 45A of the Corporations Act 2001 (Cth) as one that satisfies at least two of: consolidated revenue of $50 million or more for the financial year, consolidated gross assets of $25 million or more at the end of the financial year, and 100 or more employees at the end of the financial year. These thresholds were set by the Corporations Amendment (Proprietary Company Thresholds) Regulations 2019 (commenced 1 July 2019) and have been unchanged since. **What the policy must contain.** Section 1317AI(5) requires the policy to set out: information about the protections available to whistleblowers (including under Part 9.4AAA); information about who can receive protected disclosures and how; information about how the company will support whistleblowers and protect them from detriment; information about how disclosures will be investigated; information about how the company will ensure fair treatment of employees mentioned in or related to disclosures; and information about how the policy will be made available to officers and employees. **What ASIC expects beyond the statutory minimum.** Regulatory Guide 270, issued in November 2019, sets out ASIC's view of how a compliant policy should look in practice. Report 827 is the operational evidence of how that policy should translate into a working program: a dedicated reporting channel, staff training delivered on a regular cycle rather than once at adoption, an investigation workflow with documented timelines and decisions, anonymous two-way communication where requested, retaliation safeguards that are actively tracked, and senior management and board oversight of disclosures, outcomes, and any mistreatment concerns. Compliance with the policy obligation is a strict liability offence under s1317AI(4), with a penalty of 60 penalty units (currently $19,800 at the $330 Commonwealth penalty unit value, indexed each financial year). The dollar exposure of non-compliance with the policy obligation alone is small; the dollar exposure of mishandling a discloser, given the s1317AD penalty levels, is much larger. ## The gap between policy and practice Read together, the findings tell a consistent story. Most surveyed entities had a policy. Far fewer had the operational scaffolding that makes the policy useful: a discoverable channel, training that workers can recall, a feedback mechanism, a review cadence, and visible board oversight. The regulator sees the gap and is not pretending it does not exist. Two structural factors keep the gap open. The first is that whistleblower programs sit awkwardly across functions. Compliance owns the policy. People and culture often own training. Legal handles disclosures of certain types. Internal audit reviews the program. Risk reports to the board. When five functions own bits of one program, none of them owns the whole. Report 827's emphasis on regular review and visible accountability is a direct response to that fragmentation. The second is that the program only generates feedback when something has gone wrong. A board that hears nothing about whistleblower disclosures concludes, reasonably enough, that there is nothing to hear. The Report 827 concentration finding (74 per cent of disclosures sit with 10 per cent of companies) suggests that "nothing to hear" usually means "the channel is not being used", not "everything is fine". That distinction is the one ASIC is now asking directors to make on the record. ## Practical action list for 2026 Six actions sit at the top of most boards' lists after Report 827. None of them require new technology by default; all of them are easier with the right platform. **1\. Re-confirm the policy meets s1317AI(5) and reflects the 2019 amendments.** If the last substantive review was before 1 January 2020, the policy almost certainly does not. RG 270 is the gap-test reference. A policy that pre-dates RG 270 should be rewritten, not patched. **2\. Make sure there is a discoverable, dedicated reporting channel.** A web page accessible from the homepage, plus a hotline if appropriate, plus a mobile-friendly path for workers without desktop access. The "more than one-third had no dedicated web page" finding is the single fastest gap to close. **3\. Confirm anonymous disclosures can be received and supported through the full lifecycle.** Genuine anonymity (no IP logging, no device fingerprints, no metadata that lets the discloser be identified later) and two-way communication that lets the company ask follow-up questions without forcing the discloser to identify themselves. Without two-way contact, anonymous channels collect signals the company cannot act on. **4\. Schedule training as a recurring obligation.** Every new starter, plus an annual refresh for everyone, plus targeted training for senior managers, eligible recipients, and case handlers. ASIC's flag on the 25 per cent training gap is a leading indicator the regulator can test against organisations easily. **5\. Run a feedback cycle at least annually.** A short, anonymous staff survey on awareness of the program, confidence in its handling, and willingness to use it produces the data the board now needs to demonstrate oversight. The "more than half had not sought feedback" finding is a direct invitation for a regulator to ask why. **6\. Build the board pack.** Volume of disclosures, channels used, in-scope vs out-of-scope split, average and longest investigation times, substantiation rate, retaliation concerns received and how they were handled, training completion rate, employee awareness survey results. The Aged Care Quality and Safety Commission, APRA, and ASIC are all moving towards expecting this level of structured oversight reporting. The data is much easier to assemble from a dedicated case management platform than from spreadsheets. For more on the operational design of speak-up channels, see [the advantages and disadvantages of anonymous reporting](/articles/anonymous-reporting-advantages-disadvantages) and [how an ethics hotline fits the broader speak-up program](/articles/ethics-hotline). On the program design layer, [ISO 37002:2021](/articles/iso-37002) is the international standard for whistleblowing management systems and is closely aligned with what RG 270 and Report 827 are now asking for. ## How this connects to the existing Part 9.4AAA framework Report 827 sits inside a regulatory architecture that has been building since 2019. Five reference points are worth remembering. **The 2019 amendments.** The _Treasury Laws Amendment (Enhancing Whistleblower Protections) Act 2019_ commenced on 1 July 2019 and substantially rewrote Part 9.4AAA of the Corporations Act 2001 (Cth). The amendments expanded the class of eligible whistleblowers, broadened the definition of disclosable conduct, strengthened identity confidentiality, raised civil penalties for retaliation, and introduced the s1317AI policy obligation for public and large proprietary companies (in force from 1 January 2020). **Regulatory Guide 270.** Issued by ASIC in November 2019 to support implementation of the s1317AI policy obligation. RG 270 is the regulator's view on what a compliant whistleblower policy should contain, how it should be communicated, and how disclosures should be investigated. It remains the operative guidance. **Report 758 (predecessor benchmarking).** Issued earlier in ASIC's whistleblower programme of work. Report 827 builds on Report 758 by drawing on a structured questionnaire rather than a sample review of policies. **The TerraCom retaliation case.** _ASIC v TerraCom Ltd (No 3) \[2025\] FCA 1017_ concluded on 26 August 2025 when the Federal Court (Justice Jackman) ordered a $7.5 million penalty plus $1 million in costs after TerraCom admitted contraventions for retaliating against a whistleblower. It is the first successful civil penalty action by ASIC under the strengthened retaliation provisions and a clear signal that the regulator is willing to use them. **The Parliamentary Joint Committee inquiry and the current reform pipeline.** The 2017 Parliamentary Joint Committee on Corporations and Financial Services inquiry into whistleblower protections produced 35 recommendations; the Government's April 2019 response delivered the corporate-sector reforms now embedded in Part 9.4AAA. Reform of the parallel public-sector regime is now under way: in September 2025 the Albanese Government announced re-commencement of consultation on the Public Interest Disclosure Act 2013 framework, and the Public Interest Disclosure and Other Legislation Amendment (Whistleblower Protections) Bill 2025 is before Parliament. Further corporate-sector reform from Treasury (additional changes to Part 9.4AAA) remains less defined. The architecture is now mature enough that the legal baseline (Corporations Act + RG 270), the enforcement signal (TerraCom), and the program-level expectation (Report 827) line up. A board that is clear on all three has a defensible position. A board that has only the policy text is exposed. For a comprehensive walk through Part 9.4AAA's protections, including who is an eligible whistleblower, what counts as disclosable conduct, and the specific remedies for retaliation, see [Corporations Act whistleblower protections](/articles/corporations-act-whistleblower-protections). ## How Elker fits in Elker is a speak-up and case management platform built for organisations handling sensitive disclosures, including the Part 9.4AAA disclosures that Report 827 was concerned with. The platform pairs secure multi-channel intake (a dedicated web page accessible to workers, a hotline option, mobile-friendly forms, and email aliases) with a comprehensive case management workflow that takes a disclosure through triage, investigation, decision, communication, and board-level reporting. Anonymity is genuine: no IP logging, no device fingerprinting, no retained metadata that could be used to reconstruct a discloser's identity later. Two-way anonymous messaging lets case handlers ask follow-up questions without forcing the discloser to identify themselves, which is the capability the surveyed companies most often lacked. For the board pack ASIC now effectively expects, Elker produces aggregate analytics on disclosure volumes, channels, in-scope vs out-of-scope routing, investigation timelines, substantiation rates, training completion, retaliation concerns, and employee awareness signals. Cybersecurity, information security, and granular access controls are designed into every layer of the platform following secure-by-design and privacy-by-design principles. Elker is ISO 27001 certified and SOC 2 attested. For more, see the [whistleblowing platform](/solutions/whistleblowing-platform) page, the [case management software](/solutions/case-management-software) page, or the broader [speak-up platform](/solutions/speak-up-platform) overview. For a comparison of platform categories and what to look for in a tender, see our [case management software guide](/articles/case-management-software). ## Frequently asked questions Report 827 is not itself a binding instrument. The binding obligation is s1317AI of the Corporations Act 2001 (Cth), which requires public companies, large proprietary companies, and proprietary companies that are corporate trustees of registrable superannuation entities to have a whistleblower policy that meets the s1317AI(5) content requirements. Report 827 is how ASIC has signalled it will assess whether a company's program in practice matches the policy on paper. No. The legal framework is still set by Part 9.4AAA of the Corporations Act and by ASIC Regulatory Guide 270. Report 827 is a benchmarking document that tells the market what good and weak practice look like in 2026. Companies should expect ASIC to assess their programs against the report's practice findings as well as against the policy text. The most cited finding is the concentration of disclosures: 13 entities (around 10 per cent of the 134 surveyed) accounted for approximately 74 per cent of all whistleblower disclosures over the survey year, while 22 per cent of surveyed companies received none. ASIC's reading is that low or zero disclosure volumes usually indicate channel under-use, not the absence of misconduct. Report 827 records an average investigation time of 49 days across the surveyed entities but does not set a binding target. ASIC's expectation, as set out in RG 270, is that companies investigate disclosures promptly, document their timelines, and explain longer cases by reference to complexity. Boards should be able to defend their average and tail times against case mix. A dedicated web page is not literally mandated by the text of s1317AI. The s1317AI(5) policy content requirements include making the policy available to officers and employees, and ASIC RG 270 expects a discoverable, accessible reporting channel. After Report 827, the practical position is that a dedicated web page is now the regulator's clear expectation; companies without one should be ready to explain why. Failure to comply with s1317AI is a strict liability offence carrying 60 penalty units (currently $19,800 at the $330 Commonwealth penalty unit value, indexed each financial year). The much larger exposure sits in s1317AC and s1317AD: causing detriment to a discloser attracts civil penalties up to 5,000 penalty units (approximately $1.65 million) for an individual, and up to 50,000 penalty units (approximately $16.5 million), three times the benefit derived, or 10 per cent of annual turnover (capped at 2.5 million penalty units) for a body corporate. Six actions sit at the top of most boards' lists: re-confirm the policy meets s1317AI(5) and reflects the 2019 amendments; make sure there is a discoverable dedicated reporting channel; confirm anonymous disclosures can be received and supported with two-way contact; schedule training as a recurring obligation; run a structured employee feedback cycle at least annually; and build a board reporting pack that covers volumes, channels, investigation times, substantiation, retaliation concerns, training completion, and awareness survey results. ISO 37002:2021 is the international standard for whistleblowing management systems. It is consistent with the program-level expectations Report 827 sets out, particularly around governance, training, channels, investigation workflow, and review. Companies that have certified or aligned to ISO 37002 are well positioned against Report 827; companies that have not should treat Report 827 as a pragmatic gap-test and ISO 37002 as the underlying framework. ## Sources and further reading **ASIC primary sources** 1. Australian Securities and Investments Commission, _Report 827: Insights from the ASIC whistleblower questionnaire: July 2024 to June 2025_ (4 December 2025). Landing page: https://www.asic.gov.au/regulatory-resources/find-a-document/reports/rep-827-insights-from-the-asic-whistleblower-questionnaire-july-2024-to-june-2025/ Report PDF: https://download.asic.gov.au/media/hr1dcbnq/rep827-published-4-december-2025.pdf Retrieved 30 April 2026. 2. Australian Securities and Investments Commission, media release 25-294MR, _ASIC calls on Australian companies to adopt better practices to protect whistleblowers_ (4 December 2025). https://www.asic.gov.au/about-asic/news-centre/find-a-media-release/2025-releases/25-294mr-asic-calls-on-australian-companies-to-adopt-better-practices-to-protect-whistleblowers/ Retrieved 30 April 2026. 3. Australian Securities and Investments Commission, _Regulatory Guide 270: Whistleblower policies_ (November 2019). https://www.asic.gov.au/regulatory-resources/find-a-document/regulatory-guides/rg-270-whistleblower-policies/ Retrieved 30 April 2026. 4. Australian Securities and Investments Commission, media release 25-179MR, _TerraCom to pay $7.5 million after ASIC whistleblower action_ (2025). https://www.asic.gov.au/about-asic/news-centre/find-a-media-release/2025-releases/25-179mr-terracom-to-pay-7-5-million-after-asic-whistleblower-action/ Retrieved 30 April 2026. **Statutory references** 1. Corporations Act 2001 (Cth) Part 9.4AAA (whistleblower protections), in particular ss 1317AA, 1317AAA, 1317AAD, 1317AC, 1317AD, 1317AE, and 1317AI. https://www5.austlii.edu.au/au/legis/cth/consol\_act/ca2001172/ 2. _Treasury Laws Amendment (Enhancing Whistleblower Protections) Act 2019_ (Cth). **Industry commentary (consulted for context only; reader should always rely on primary sources)** 1. Herbert Smith Freehills Kramer, _ASIC Report 827 on whistleblowing practices of 134 surveyed companies: how does your company stack up?_ (December 2025). https://www.hsfkramer.com/insights/2025-12/asic-report-827-on-whistleblowing-practices-of-134-surveyed-companies Retrieved 30 April 2026. 2. Clayton Utz, _ASIC's expectations for whistleblower programs: critical findings from its recent whistleblower survey and next steps for Australian corporates in 2026_ (March 2026). https://www.claytonutz.com/insights/2026/march/asics-expectations-for-whistleblower-programs-critical-findings-from-its-recent-whistleblower-survey-and-next-steps-for-australian-corporates-in-2026 Retrieved 30 April 2026. 3. DLA Piper, _ASIC calls on Australian companies to adopt better practices to protect whistleblowers_ (December 2025). https://knowledge.dlapiper.com/dlapiperknowledge/globalemploymentlatestdevelopments/2025/asic-calls-on-australian-companies-to-adopt-better-practices-to-protect-whistleblowers Retrieved 30 April 2026. 4. Insurance Business Australia, _ASIC urges companies to review whistleblower programs_ (December 2025). https://www.insurancebusinessmag.com/au/news/breaking-news/asic-urges-companies-to-review-whistleblower-programs-558971.aspx Retrieved 30 April 2026. **International standards** 1. ISO 37002:2021, _Whistleblowing management systems guidelines_. https://www.iso.org/standard/65035.html This guide is general information about the law and ASIC's findings; it is not legal advice. Boards and compliance teams considering specific actions in response to Report 827 should obtain advice tailored to their organisation and sector. _This article is general information only, not legal advice. Laws change and individual circumstances differ. For advice on your specific circumstances, consult a qualified legal practitioner. See our [Terms of Use](/policies/terms) for the full disclaimer._ ## You might also like --- url: https://elker.com/articles/au-national-higher-education-code-gbv title: "National Higher Education Code (GBV) 2025: University Guide | Elker" description: "Australian universities must comply with the National Higher Education Code (GBV) from 1 Jan 2026. Seven standards, 45-day rule, penalties to A$66,000." locale: en-AU generated: 2026-07-01T14:05:39.433Z --- Mar 20, 2026 # The National Higher Education Code on gender-based violence: what Australian universities must do by 2026 [Compliance](/blog/compliance)[Cultural change](/blog/cultural-change) From 1 January 2026, every Australian university must meet seven legally enforceable standards on preventing and responding to gender-based violence. Here is what the National Code requires, who enforces it, and how to get your reporting and response systems ready. ![Sandstone University alongside text "The National Higher Education Code on Gender Based Violence - what Australian universities must do by 2026"](https://media.elker.com/dfe74ca6-bdba-4798-a62d-432e7058219a/The-National-Higher-Education-Code-on-gender-based-violence.png?width=992) ByElker Editorial TeamReviewed byJack MurrayUpdated22 April 2026 Australian higher education has had a decade of reviews, surveys, and voluntary commitments on sexual violence and harassment. From 1 January 2026, it has a law. The National Higher Education Code to Prevent and Respond to Gender-based Violence 2025 (F2025L01251) is a legislative instrument made under section 15 of the Universities Accord (National Higher Education Code to Prevent and Respond to Gender-based Violence) Act 2025 (Cth) (No. 34, 2025). It sets seven enforceable standards that every Table A and Table B provider must meet, gives the Secretary of the Department of Education regulator powers, and exposes providers that fail to comply to a civil penalty of up to 200 penalty units per contravention under section 20 of the Act, which at the current penalty unit value of A$330 works out to A$66,000 per contravention. All other TEQSA-registered higher education providers join the regime on 1 January 2027. If you work in governance, student safety, HR, legal, risk, or residential life at an Australian university, the Code changes how you have to operate. This article walks through what it requires, how it interacts with the National Student Ombudsman, and what the practical compliance steps look like. It is written as a guide for employers rather than as legal advice, and some specifics are flagged for your legal team to verify before you rely on them. ## TL;DR - The National Higher Education Code to Prevent and Respond to Gender-based Violence 2025 was registered on 17 October 2025 and commences on 1 January 2026 for Table A and Table B providers (Australia's public universities and a small group of private universities). All other TEQSA-registered providers are covered from 1 January 2027. - The Code sets seven legally enforceable standards covering leadership accountability, safe environments, training, person-centred response, reporting and investigation processes, data, and student accommodation. - Providers must design their procedures so that formal reports are finalised within 45 business days (including the disciplinary process) and appeals within 20 business days. Extensions are only permitted where the Higher Education Principal Executive Officer is satisfied they are required in the particular context. Providers must offer multiple reporting channels including in-person, email, phone, and online, and must allow disclosures and formal reports to be made anonymously. - The Code draws a clear line between a **disclosure** (telling the provider what happened, usually to access support) and a **formal report** (asking the provider to start an investigation). Support under Standard 4 cannot be conditional on the person making a formal report. - The Secretary of the Department of Education is the regulator. Enforcement tools include compliance notices, infringement notices, enforceable undertakings, injunctions, and a civil penalty of up to 200 penalty units per contravention under section 20 of the Act, currently A$66,000. Civil penalties, compliance notices, and Regulatory Powers Act enforcement apply to Table A and Table B providers from 1 January 2026 onwards, consistent with section 46 of the Act. - Compliance with the Code is a condition of funding under the Higher Education Support Act 2003 (Cth). Non-compliance can affect a provider's approval, including suspension or revocation. - The Code sits alongside the National Student Ombudsman, which commenced on 1 February 2025 with Royal-Commission-style powers to investigate student complaints, including complaints about how a provider has handled a gender-based violence disclosure. ## Why this Code exists The background is hard to ignore. The 2021 National Student Safety Survey, run by Universities Australia and the Social Research Centre with 43,819 respondents from 38 universities, found that 4.5% of Australian university students had been sexually assaulted in a university context since they started their studies (around 1 in 20), and 16.1% had been sexually harassed in a university context since they started (around 1 in 6). Women, trans and non-binary students, students with disability, and students of diverse sexual orientation were disproportionately affected. The 2023 National Tertiary Education Union survey of tertiary-sector workers found that 29% of respondents had personally experienced [sexual harassment at work](/articles/5-risk-factors-for-sexual-harassment-in-the-workplace), up from 19% in a comparable 2018 survey, with 38% of women reporting a personal experience. A 2024 review by the Australian Human Rights Institute at UNSW found that university responses to disclosures remained inconsistent, under-resourced, and often retraumatising for the people who reported. The reporting gap is part of the picture. The 2021 Survey found that only 3.0% of students who had been sexually harassed and 5.6% of those who had been sexually assaulted in a university context made a formal report to their provider. Around one in two students who responded said they knew little or nothing about their university's reporting or complaint processes. A system that depends on a formal complaint, inside a structure most users find inaccessible or unsafe, leaves most harm unaddressed. The Code is designed to close that gap on both ends: raise the quality of response so people are more willing to use it, and require the provider to act on prevention and disclosure signals before a formal report ever arrives. The 2024 Australian Universities Accord final report recommended a binding national code. In February 2025 the Minister for Education introduced the Universities Accord (National Higher Education Code to Prevent and Respond to Gender-based Violence) Bill. It passed Parliament in August 2025 and received Royal Assent the same month. On 17 October 2025, the Code itself was registered as a legislative instrument. For the first time in Australian higher education, prevention and response to gender-based violence carries the force of Commonwealth law, backed by civil penalties and funding conditions, rather than sitting with sector covenants and voluntary commitments. Two other reforms matter because they sit alongside the Code: - **The National Student Ombudsman**, which opened on 1 February 2025 with powers modelled on a Royal Commission. It takes student complaints about registered higher education providers, including complaints about a provider's handling of sexual violence, and can require documents and compel answers. In its first six months of operation the Ombudsman received around 2,200 contacts and opened roughly 1,800 formal complaints, with gender-based violence making up about 5% of complaint volume. - **The Respect at Work reforms** to the Sex Discrimination Act 1984 (Cth), which imposed a [positive duty](/articles/7-standards-positive-duty-sex-discrimination-act) on all employers (including universities as employers of staff) to take reasonable and proportionate measures to eliminate sex discrimination, sexual harassment, and sex-based harassment. The Australian Human Rights Commission has had enforcement powers in this area since December 2023. A university dealing with a single incident of sexual assault on campus today is operating inside three overlapping regulatory frameworks at once: the National Code (as a higher education provider), the Sex Discrimination Act positive duty (as an employer), and potentially the Respect at Work framework and the Fair Work Act (for staff-on-staff or staff-on-student conduct). The National Code is the newest of the three, and the one most specifically designed for the higher education context. ## Who the Code applies to The Code applies to "registered higher education providers" under the Tertiary Education Quality and Standards Agency Act 2011 (Cth), phased in over two commencement dates: - **1 January 2026** for Table A and Table B providers under the Higher Education Support Act 2003 (Cth). Table A is Australia's public universities (the 37 publicly funded universities) and Table B is a small group of private universities such as Bond and Torrens. Together these providers educate the vast majority of Australian and international students in the sector. - **1 January 2027** for all other TEQSA-registered higher education providers. This includes independent private higher education providers, industry-based higher education providers, and overseas universities with Australian campuses that are not on Table A or Table B. The Code applies to the provider's whole community. That means domestic and international students, staff (academic, professional, casual, and contractors where the provider exercises control), higher degree research candidates, visitors to campus, and the provider's online and distance learners. It also explicitly reaches into student accommodation, whether the accommodation is owned by the provider, leased by the provider, run by an affiliated college, or privately operated but marketed on the provider's website as recommended student housing. ## What "gender-based violence" means under the Code The Code defines "Gender-based Violence" in its Definitions section as: > "Any form of physical or non-physical violence, harassment, abuse or threats, based on gender, that results in, or is likely to result in, harm, coercion, control, fear or deprivation of liberty or autonomy." The definition is deliberately broad and aligns with the National Plan to End Violence Against Women and Children 2022 to 2032. The Department of Education's public guidance indicates that gender-based violence under the Code includes: - Sexual assault and sexual harassment - Domestic and family violence, including intimate partner violence - Stalking, including cyber stalking - Image-based abuse, including non-consensual sharing of intimate images - Coercive control - Sex-based harassment that falls short of the threshold for sexual harassment under the Sex Discrimination Act - Harassment directed at people because of their gender identity or sexual orientation - Technology-facilitated abuse - Forced marriage and other forms of modern slavery with a gendered dimension The definition is wider than the Sex Discrimination Act test for sexual harassment. Providers should design their prevention and response systems against the Code's definition so that behaviour sitting below the statutory threshold still triggers a response. Under paragraph 2.3(c), every provider's Policy on preventing and responding to Gender-based Violence must adopt the Code definition, so individual universities cannot quietly narrow it. ## The seven standards Each standard is legally enforceable in its own right. A breach of any standard is a breach of the Code, and the Secretary can take action against any provider that fails to meet any standard. ### Standard 1: Accountable leadership and governance Under paragraph 1.1, the provider's "Higher Education Principal Executive Officer" (the HEPEO, typically the Vice-Chancellor or equivalent chief executive, as defined by reference to the Ombudsman Act 1976 (Cth)) is accountable for compliance with the Code. Paragraph 1.2 requires the governing body (University Council, Senate, or Board) or a subcommittee reporting directly to it to include members with expertise in student and staff safety and wellbeing. Paragraph 1.4 requires the HEPEO to prepare, implement, and publish on the provider's website a "Whole-of-Organisation Prevention and Response Plan". The Plan must include a whole-of-organisation assessment identifying systemic risks, enablers, and barriers; a gender equality action plan (which the Secretary may prescribe the form of); and a systemic review and analysis of the provider's responses to disclosures and formal reports. It must reflect the experience of groups disproportionately affected by gender-based violence, including women, First Nations people, culturally and linguistically diverse communities, people with disability, and people of diverse sexual orientation and gender identity. It must be developed through engagement with students and staff, including those who have experienced gender-based violence. It must be endorsed by the Governing Body. Paragraph 1.9 then requires the provider to report to the Governing Body at least every six months against the Plan's outcomes framework, with de-identified incident data. Paragraph 1.10 adds a biennial written HEPEO report to the Secretary commencing after the Initial Reporting Date (1 January 2026 for Table A/B providers). The Plan has to function as a governance instrument. It names accountabilities, sets out how the provider will measure change, and is reviewed on the cadence set in paragraph 1.11. A communications document that sits on a website and is never revisited will fall short of the standard. ### Standard 2: Safe environments and systems Standard 2 is about the upstream work: preventing harm by designing it out of the institution's systems. Specific requirements include: - **Working with Children Checks.** Paragraph 2.1(a) requires providers to ensure staff comply with the Working with Children Check regime in their governing State or Territory. - **Pre-employment declarations.** Paragraph 2.1(b) requires providers, as part of the engagement process, to ask prospective employees and Governing Body members to declare whether they have been investigated for an allegation of gender-based violence, or determined to have engaged in conduct that constitutes gender-based violence, during previous employment or in a legal process. The provider must then take the declaration and any risks arising from it into account when deciding suitability for the position (paragraph 2.1(c)). - **Management of personal relationships.** Paragraph 2.2 requires employees to declare any existing or previous intimate personal relationship with another employee where one has supervisory, oversight, or decision-making responsibilities over the other, or with a student where the employee has academic or other decision-making responsibilities in relation to that student. Where a declaration is made, the provider must implement a conflict-of-interest management plan that includes permanent alternative teaching, research, or working arrangements. - **Alternative arrangements on disclosure.** Under paragraph 2.1(f), when a student or staff member alleges they have experienced gender-based violence, the provider must make alternative teaching, research, supervision, employment, or living arrangements as necessary to ensure their safety. - **Scope of the Policy.** Paragraph 2.4 requires the provider's Policy to apply not only to students, leadership, and staff but also to Affiliated Organisations and to entities conducting activities on behalf of the provider, including businesses that operate on, use, or lease the provider's land and facilities. - **Restrictions on non-disclosure agreements.** Paragraph 2.8 prohibits the use of a non-disclosure agreement by the provider unless requested by the discloser. Even where requested, the agreement cannot stop the discloser from sharing their experience for the purpose of seeking support or advice, nor prevent the provider from complying with its reporting obligations under the Code. Settlement terms cannot include a non-disparagement clause that has the effect of requiring the discloser to keep their experience of gender-based violence confidential. - **National Student Ombudsman recommendations.** Paragraph 2.9 requires the provider to implement any recommendations the National Student Ombudsman directs to it in relation to gender-based violence. ### Standard 3: Knowledge and capability Every student and every staff member must receive ongoing, evidence-informed education on preventing gender-based violence. The word "evidence-informed" is important. Generic e-learning modules that have not been evaluated for effectiveness will not satisfy the standard. People who are likely to receive disclosures (residential advisors, supervisors, student services staff, first-line managers, academic advisors, HR business partners) must receive specialist annual training on trauma-informed response, confidentiality, the reporting pathway, and their obligations under the Code. The provider has to monitor and evaluate the effectiveness of the training and adjust it based on what the evaluation shows. ### Standard 4: Safety and support Responses to disclosures and formal reports must be trauma-informed and person-centred. In practical terms that means: - Paragraph 4.4 requires a risk assessment in response to every disclosure and every formal report, with ongoing management and monitoring of identified risks. - Paragraph 4.6 requires the provider to assign staff with relevant expertise to develop a tailored support plan collaboratively with the discloser, covering safety measures, urgent access to an Accredited Specialist (a registered psychologist, social worker, or counsellor with trauma-informed training and cultural competency), academic or work adjustments, and discussion of the investigation and disciplinary process if the discloser wants it. - Paragraph 4.7 requires a parallel, tailored support plan for the respondent, including access to support services, an Accredited Specialist, and academic or work adjustments, developed without compromising the safety of the discloser. - Paragraph 4.8 requires the provider to prohibit the same staff member from being assigned to support both the discloser and the respondent. - Where accommodation-related disclosures are in scope, Standard 7 (paragraph 7.1(g)) requires a risk assessment and support plans for both parties within 48 hours, which is the tightest timeframe in the Code. - Support is available regardless of whether the person makes a formal report. Many people who disclose never want a formal process, and they keep access to support under Standard 4 either way. ### Standard 5: Safe processes This is the standard most university general counsel will be watching closely. Standard 5 prescribes how reporting and response actually works. Paragraph 5.2 requires multiple channels including in-person, email, phone, and online. Paragraph 5.3 requires the provider to ensure disclosures and formal reports can be made anonymously, and paragraph 5.4 requires reasonable and proportionate action on anonymous matters where possible, including by identifying trends. Paragraph 5.8 requires the provider to investigate every formal report where the respondent is a student or staff member, regardless of the context in which the gender-based violence occurred. There is no carve-out for off-campus conduct. Paragraph 5.10 requires the provider to notify both the discloser and the respondent in writing on the same day if an investigation is to commence, with the discloser notified first. Paragraph 5.12 prohibits the provider from requiring the discloser or respondent to produce physical evidence. Paragraph 5.15 requires procedures to be designed so that formal reports (including any resulting disciplinary process) are finalised within 45 business days. Paragraph 5.24 sets a parallel 20-business-day target for appeals. Under paragraphs 5.17 and 5.26, extensions are only permitted where required in the particular context, and the Higher Education Principal Executive Officer must personally satisfy themselves that any extension is genuinely needed. Paragraph 5.18 requires the provider to provide the respondent with procedural fairness in the disciplinary process. Paragraph 5.20 requires the provider to impose sanctions proportionate to the substantiated conduct, which may include exclusion and expulsion. Paragraphs 5.21 and 5.22 require written notice of the outcome (including reasons and the right to complain to the National Student Ombudsman) to both parties, with the discloser notified on the same day as the respondent unless the discloser requests otherwise. **Disclosure vs formal report.** The Code draws a clear line between the two, and so should the provider's policy. A **Disclosure** is defined as "the provision of information about a person's experience of Gender-based Violence to a Provider by the Discloser or another person". A **Formal Report** is defined as information provided through formal reporting channels that requires the Provider to consider taking steps beyond support, including the commencement of an investigation and/or a disciplinary process. The same conversation can cover both, or either one on its own. Standard 4 protects the right to support regardless of whether the person ever makes a formal report. Standard 5 governs what happens once they do. Paragraph 5.7 requires the provider to seek and consider the discloser's views before progressing a disclosure to an investigation, and paragraph 5.6 requires the provider to have regard to the discloser's wishes when determining the pathway. A policy that conflates disclosures with formal reports, or that withholds support unless the person agrees to a formal process, will breach the Code. The process has to be procedurally fair to the respondent and trauma-informed for the person who disclosed at the same time. Universities that lean too far one way risk a procedural fairness challenge from the respondent; too far the other way and they breach Standard 4. ### Standard 6: Data, evidence, and impact Paragraph 6.2 requires providers to collect and report process data on policies, procedures, and plans; de-identified data on gender-based violence incidents enabling trend analysis; and administrative de-identified demographic and enrolment data about disclosers and respondents. Paragraph 6.12 sets the annual reporting cycle. By 30 June each year, providers must give the Secretary the previous calendar year's data, with the first Table A and Table B data due by 30 June 2027 (for calendar year 2026) and the first data from other TEQSA-registered providers due by 30 June 2028 (for calendar year 2027). The required data set under paragraphs 6.13 and 6.14 is detailed. It includes the total number of disclosures and formal reports, the mode of reporting (including the number of anonymous disclosures), the number of formal reports resolved within 45 days, the number of respondents required to relocate from student accommodation, the number of non-disclosure agreements proposed and executed, and if known, how satisfied disclosers and respondents were with the provider's response. Demographic data must cover sex, gender identity, sexual orientation, year of birth, ethnicity, religion, country of birth, languages, interpreter needs, Indigenous status, and disability status. For most providers this is where the gap between current practice and the Code will be largest. Running data collection and analysis that is robust enough to be used for governance decisions, safe enough to protect confidentiality, and connected enough to the actual casework to be accurate, is a significant build. Spreadsheets and manual tallies will not meet the standard. ### Standard 7: Safe student accommodation Standard 7 extends the Code's obligations to student accommodation. The Code divides accommodation into three categories: - **Directly owned, operated, or managed** by the provider. Paragraph 7.1 applies and requires the provider, in addition to meeting every other Standard, to declare-check and manage accommodation staff relationships, take immediate safety action on a disclosure, conduct a risk assessment within 48 hours, develop support plans for the discloser and the respondent within 48 hours, and where an allegation is substantiated, permanently remove the respondent from the accommodation (paragraph 7.1(h)). - **Student Accommodation Providers under the Control of the provider** (the Code uses the Corporations Act 2001 (Cth) section 50AA meaning of control). Paragraphs 7.2 to 7.8 require the provider to have arrangements in place so the Student Accommodation Provider prepares its own Whole-of-Organisation Prevention and Response Plan, meets equivalent safe-environment, NDA, policy, training, and data-reporting standards, and either adopts the provider's Policies and Procedures or implements an equivalent Policy. - **Affiliated Student Accommodation Providers.** The Code defines Affiliation broadly to include a Student Accommodation Provider that has a service agreement with the provider, operates on the provider's land, is authorised to use the provider's intellectual property, or is listed or promoted by the provider as student accommodation. Paragraphs 7.9 and 7.10 require the provider to do "everything reasonably possible within its power" to enter into, or amend, a legally binding agreement so the Affiliated Provider meets the same standards. - **Enforcement by withdrawal.** Paragraph 7.11 gives Standard 7 real teeth. If an Affiliated Student Accommodation Provider refuses to enter an agreement meeting the standard, the provider must report this to the Secretary (who may publish the name) and **must not** continue to authorise the affiliated provider to use the university's intellectual property or domain names, advertise, market, or promote the affiliated provider to students, or have any agreement to reserve spaces for its students. The practical consequence: a provider cannot outsource compliance by pointing students to third-party accommodation and stopping there. If the provider's branding, marketing, or recommendations drive students into particular accommodation, the provider must either lock in equivalent standards through agreement or withdraw the branding and referral arrangement. Standard 7 excludes homestay arrangements, rental properties leased under ordinary residential tenancies with private landlords, and hotels or serviced apartments used as temporary accommodation. ## The regulator and what enforcement looks like The Secretary of the Department of Education is the regulator for the Code, under the Universities Accord (National Higher Education Code to Prevent and Respond to Gender-based Violence) Act 2025 (Cth) (the Act). The Act applies the standard Commonwealth Regulatory Powers (Standard Provisions) Act 2014 framework. The Secretary's toolkit includes: - **Monitoring and investigation powers** (section 35, section 36 of the Act). Authorised officers can exercise the monitoring and investigation powers in Parts 2 and 3 of the Regulatory Powers Act, including entry to premises with consent or under warrant. - **Information-gathering notices** (section 27). The Secretary can compel a higher education provider, or a person connected with a provider, to produce documents, things, or information. Non-compliance is itself a civil penalty of 60 penalty units. - **Compliance notices** (section 32). The Secretary can issue a written notice requiring remedial action by a specified date. - **Infringement notices** (section 38) and **enforceable undertakings** (section 39) are both available. - **Injunctions** (section 40). The Secretary can apply to the Federal Court of Australia or the Federal Circuit and Family Court (Division 2) for an injunction under Part 7 of the Regulatory Powers Act. - **Civil penalty for non-compliance with the Code** (section 20). A provider is liable to a civil penalty of up to 200 penalty units per contravention if it fails to comply with any requirement under the national code. At the current Commonwealth penalty unit value of A$330 (set by section 4AA of the Crimes Act 1914 and due to be re-indexed on 1 July 2026), that is A$66,000 per contravention. Ancillary civil penalties of 60 penalty units also apply for failure to keep records (section 21), failure to give information to the Secretary (section 22), failure to notify material changes (section 23), and providing false or misleading information (section 24). Section 46 of the Act times these enforcement powers to the provider's "application day": 1 January 2026 for Table A and Table B providers, and 1 January 2027 for everyone else. From the application day onwards, civil penalty provisions, compliance notices under section 32, and Part 6 regulatory powers (including injunctions) apply in full. Compliance with the Code is also a condition of funding under the Higher Education Support Act 2003 (Cth). The section 20 note flags that a failure to comply can lead to the Minister taking action under Division 22 of that Act (suspension or revocation of approval as a higher education provider), or TEQSA taking separate regulatory action under the TEQSA Act's Threshold Standards. For any university that relies on Commonwealth student contribution funding and FEE-HELP, those downstream consequences are the real risk, well beyond any single 200-unit civil penalty. ## How this interacts with the National Student Ombudsman The National Student Ombudsman, established by the Ombudsman Amendment (National Student Ombudsman) Act 2024, started taking complaints on 1 February 2025. A student (or prospective or former student) who believes their provider has mishandled a complaint, including a complaint about gender-based violence, can escalate to the Ombudsman. The Ombudsman has powers to require documents and answers under oath, can make recommendations to the provider and to the Minister, and can refer matters to other regulators or to police. The Ombudsman is not the regulator of the Code. The Secretary of the Department of Education is. But the Ombudsman is a powerful complaint-driven feedback loop into the regulator. A pattern of complaints to the Ombudsman about a provider's handling of disclosures is exactly the kind of signal that will invite compliance action by the Secretary. Providers should assume any systemic weakness in their Code-compliance systems will surface through Ombudsman casework within the first twelve months. ## What good looks like: a working Code-compliance system A minimum viable compliance system for a Table A or Table B provider has several moving parts: 1. **A governance structure with named accountability.** The Vice-Chancellor owns the Prevention and Response Plan. A standing committee of Council or Senate receives quarterly reports on prevention work, case volumes, outcomes, and themes. 2. **A published Prevention and Response Plan.** Co-designed with students and staff, reviewed annually, with measurable indicators. 3. **A central disclosure and reporting platform.** Multiple intake channels (in person, online form, phone, anonymous digital channel), single case record per matter, structured workflow from intake through triage, support planning, investigation, outcome, and close-out. 4. **A trained response workforce.** First responders (RAs, student services, managers, academic advisors) trained annually. Investigators with independent standing. Appeal decision-makers who are not involved in the original decision. 5. **A data layer that rolls up to governance.** De-identified reporting that shows volume, types of conduct, source channels, outcomes, time-to-resolution against the 45-business-day rule, and appeal rates. 6. **A written policy suite aligned to the Code.** Staff code of conduct, student conduct policy, sexual misconduct response policy, personal relationships policy, accommodation behavioural standards, [whistleblower protections](/glossary/whistleblower-protection), privacy and data governance policy. All cross-referenced, all published, all consistent. 7. **Third-party accommodation agreements.** Formal agreements with affiliated colleges and recommended private accommodation providers, specifying equivalent standards, information-sharing, and cooperation in investigations. 8. **A continuous-improvement cycle.** Annual review of data, survey results, Ombudsman complaints, and legal and regulatory developments, feeding back into the Plan and the policies. The gap between this and what most providers have today is substantial. Many providers have pieces (a policy, a portal, training) but few have the whole stack integrated. ## A note for students and staff looking for help now This article is written for university administrators planning compliance. If you are a student or staff member who has experienced gender-based violence and you are looking at this page for information: - Most Australian universities operate a dedicated service (commonly called a Safer Communities Office, Student Safety team, or Respect and Safety unit) that can take a disclosure, arrange counselling, and help you understand your reporting options without pushing you into a formal process. You do not have to make a formal report to access support. - Under the National Code, every provider must publish multiple reporting channels, including an anonymous option, and must respond in a trauma-informed way. - If you have already raised something with your provider and you are unhappy with how it has been handled, you can escalate to the National Student Ombudsman. - For 24/7 domestic, family, and sexual violence counselling, 1800RESPECT (1800 737 732) is a free national support line. In an emergency, call 000. ## How Elker fits in Elker is a speak-up and case management platform that gives [higher education providers](/use-cases/universities) the operational infrastructure to deliver on Standards 4, 5, 6, and 7. Students and staff can raise concerns through multiple secure channels, including fully anonymous intake, with optional two-way messaging that preserves anonymity during follow-up. Cases move through a configurable workflow from triage to support plan, investigation, outcome, and closure, with built-in time-to-resolution tracking so the 45-business-day formal report requirement and the 20-business-day appeal requirement are visible to the investigation team and to governance in real time. Aggregated analytics give the Vice-Chancellor, the Council or Senate committee, and the Prevention and Response Plan owner the de-identified data they need for Standard 6 reporting. Cybersecurity, information security, and access controls follow secure-by-design and privacy-by-design principles. Elker is ISO 27001 certified and SOC 2 attested. Australian owned and operated, Elker serves higher education clients across Australia and globally. The Prevention and Response Plan, the governance model, and the underlying culture still have to come from inside the university, but the operational side of receiving, handling, and learning from gender-based violence disclosures is what Elker is built for. ## Key takeaways - The National Higher Education Code to Prevent and Respond to Gender-based Violence 2025 is a binding legislative instrument with civil penalty backing. It commences on 1 January 2026 for universities and 1 January 2027 for other higher education providers. - Seven enforceable standards cover leadership, safe environments, training, person-centred response, reporting and investigation processes, data, and student accommodation. A contravention of any requirement under the Code can attract a civil penalty of up to 200 penalty units (A$66,000) under section 20 of the parent Act. - Procedures must be designed so formal reports finalise within 45 business days and appeals within 20 business days. Providers must offer multiple channels (in-person, email, phone, online) and ensure disclosures and formal reports can be made anonymously. - The Secretary of the Department of Education is the regulator. Enforcement powers include monitoring, investigation, information notices, compliance notices, infringement notices, enforceable undertakings, injunctions, and civil penalties. Compliance is also a condition of Commonwealth funding under the Higher Education Support Act 2003. - The Code operates alongside the National Student Ombudsman (operating since 1 February 2025), TEQSA regulation under the Threshold Standards, and the Sex Discrimination Act positive duty enforced by the Australian Human Rights Commission. A compliant system has to satisfy all of these frameworks at once. - The largest practical gaps at most providers will be the integrated data layer under Standard 6 (annual reporting begins 30 June 2027 for Table A and Table B providers) and the reach into affiliated and recommended accommodation under Standard 7. ## Frequently asked questions The Code commences on 1 January 2026 for Table A and Table B providers (Australia's public universities and a small group of private universities). All other TEQSA-registered higher education providers are covered from 1 January 2027. Under section 46 of the parent Act, civil penalty provisions, compliance notices, and the Regulatory Powers Act enforcement framework apply from each provider's application day: 1 January 2026 for Table A and Table B, and 1 January 2027 for other providers. The Secretary of the Department of Education is the regulator under the Code. The Department will monitor compliance, issue notices, accept enforceable undertakings, and bring civil penalty proceedings in the Federal Court or the Federal Circuit and Family Court where needed. The National Student Ombudsman is a separate body that handles complaints from individual students and can feed systemic issues back to the regulator. Section 20 of the parent Act sets a civil penalty of up to 200 penalty units per contravention of a requirement under the national code. At the current Commonwealth penalty unit value of A$330 (under section 4AA of the Crimes Act 1914), that is A$66,000 per contravention. Ancillary civil penalties of 60 penalty units apply for record-keeping, information, notification, and false or misleading information failures. Beyond civil penalties, the Minister can suspend or revoke a provider's approval because compliance is a condition of funding under the Higher Education Support Act 2003, and TEQSA can take separate regulatory action under the Threshold Standards. Yes. Standard 5 requires providers to offer multiple reporting channels, including at least one that allows a person to report anonymously. Anonymous reporting is widely understood as an important safety valve because people most affected by gender-based violence are often the least comfortable putting their name on a formal complaint. A disclosure is when a person tells the provider about their experience, typically so they can access support such as counselling, academic adjustments, safety planning, or alternative accommodation. A disclosure does not, on its own, start an investigation of the person who caused the harm. A formal report is a request for the provider to open that investigation and, where appropriate, take disciplinary action. Under Standard 4 of the Code, support is available regardless of whether a person chooses to move from disclosure to formal report. The Code's Definitions section defines Gender-based Violence as "any form of physical or non-physical violence, harassment, abuse or threats, based on gender, that results in, or is likely to result in, harm, coercion, control, fear or deprivation of liberty or autonomy." Department of Education guidance treats this as covering sexual assault and harassment, domestic and family violence, stalking, image-based abuse, coercive control, sex-based harassment, harassment based on gender identity or sexual orientation, and technology-facilitated abuse, among other forms. Under paragraph 2.3(c) of the Code every provider's Policy must adopt this Code definition. Yes. Standard 7 extends the Code's obligations to all forms of student accommodation, including residential colleges affiliated with the provider, accommodation leased by the provider, and privately operated accommodation that the provider markets or recommends to its students. Universities cannot outsource their compliance obligations. 45 business days from the formal report being made, with a further 20 business days for any appeal. Extensions are only available in limited circumstances and must be documented. Providers that routinely exceed these timeframes without justification will be at direct risk of regulatory action under Standard 5. The Code and the Ombudsman are separate reforms that work together. The Code is prospective and preventive, setting the standards universities have to meet. The Ombudsman is reactive, taking individual student complaints about how a provider handled a matter. Complaint patterns at the Ombudsman will often be the trigger for regulator action under the Code. No. The Sex Discrimination Act positive duty, enforced by the Australian Human Rights Commission since December 2023, applies to all employers. A university is an employer and must comply with that duty as well as with the Code. The two frameworks overlap but are not identical. Compliance with one does not automatically mean compliance with the other. ## Sources 1. Universities Accord (National Higher Education Code to Prevent and Respond to Gender-based Violence) Act 2025 (Cth), No. 34, 2025, Federal Register of Legislation: [legislation.gov.au/C2025A00034](https://www.legislation.gov.au/C2025A00034/latest/text) 2. National Higher Education Code to Prevent and Respond to Gender-based Violence 2025 (F2025L01251), Federal Register of Legislation: [legislation.gov.au/F2025L01251](https://www.legislation.gov.au/F2025L01251/asmade/text) 3. Department of Education, Higher Education Gender-based Violence Regulator: [education.gov.au/highereducationgbvregulator](https://www.education.gov.au/highereducationgbvregulator) 4. Crimes Act 1914 (Cth), section 4AA (penalty unit amount) 5. Department of Social Services, National Plan to End Violence Against Women and Children 2022 to 2032: [dss.gov.au](https://www.dss.gov.au/national-plan-end-violence-against-women-and-children) 6. Parliament of Australia, Universities Accord (National Higher Education Code to Prevent and Respond to Gender-based Violence) Bill 2025 digest: [aph.gov.au](https://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/bd/bd2425/25bd048) 7. National Student Safety Survey 2021 national report, Universities Australia and the Social Research Centre: [universitiesaustralia.edu.au](https://universitiesaustralia.edu.au/wp-content/uploads/2022/03/2021-NSSS-National-Report.pdf) 8. Commonwealth Ombudsman, National Student Ombudsman function: [nso.gov.au](https://www.nso.gov.au/) and [dss.gov.au/national-student-ombudsman](https://www.dss.gov.au/national-plan-end-violence-against-women-and-children/progress/first-action-plan-progress/first-action-plan-activities-addendum/national-student-ombudsman) 9. National Tertiary Education Union, Sexual Harassment in the Workplace Survey 2023 preliminary findings: [nteu.au](https://www.miragenews.com/survey-unveils-alarming-surge-in-university-1101911/) 10. Australian Human Rights Institute (UNSW), How Australian Universities are Responding to Campus Sexual Violence, February 2024: [humanrights.unsw.edu.au](https://www.humanrights.unsw.edu.au/sites/default/files/documents/How%20Australian%20Universities%20are%20Responding%20to%20Campus%20Sexual%20Violence%20-%20February%202024.pdf) 11. Sex Discrimination Act 1984 (Cth), positive duty provisions enforced by the Australian Human Rights Commission 12. Regulatory Powers (Standard Provisions) Act 2014 (Cth), providing the monitoring, investigation, civil penalty, infringement, enforceable undertaking, and injunction framework incorporated by reference in the parent Act _This article is general information only, not legal advice. Laws change and individual circumstances differ. For advice on your specific circumstances, consult a qualified legal practitioner. See our [Terms of Use](/policies/terms) for the full disclaimer._ ## You might also like --- url: https://elker.com/articles/bystander-effect-in-the-workplace title: "Bystander Effect at Work: Intervention Guide | Elker" description: "👨‍💼 Understand the bystander effect and its implications in the workplace. Learn strategies to create a safer work environment." locale: en-AU generated: 2026-07-01T14:05:39.503Z --- Oct 10, 2023 # The bystander effect in the workplace. Learn intervention strategies to prevent violence at work. [Cultural change](/blog/cultural-change) In this article, we explore the bystander effect and discuss strategies to stop harassment and sexual violence occurring in the workplace and campus. ![The bystander effect in the workplace: Learn intervention strategies to prevent violence at work](https://media.elker.com/f2de8e81-432a-4cf8-b1ea-968b961915dc/bystander-effect-intervention-strategies.jpeg?width=992) ByElker Editorial TeamReviewed byJack MurrayUpdated22 April 2026 **TL;DR** - The bystander effect (also called bystander apathy) is where individuals are less likely to assist someone in distress when others are present, because each person assumes someone else will intervene. The Kitty Genovese case in New York (1964) is the most-cited historical example. - Research by Darley and Latané established diffusion of responsibility as the underlying mechanism: the more witnesses, the less any individual feels personally responsible to act. - In the workplace, the effect shows up when employees witness harassment, discrimination, bullying, or unsafe practices but stay silent, particularly when the perpetrator is senior. The Sex Discrimination Act 1984 and new WHS laws create a legal obligation to address these situations. - The article sets out three intervention tiers: primary prevention (training, policies, positive duty compliance), secondary prevention using the 5 Ds framework (direct, distract, delegate, delay, document), and tertiary prevention (person-centred and trauma-informed responses after an incident). - The Below Deck Down Under - Season 2 case study illustrates active intervention in practice: production crew broke the "fourth wall" to remove a crew member from a dangerous situation, and Captain Jason Chambers terminated two crew for misconduct. **Warning:** This article contains discussions of sexual misconduct, harassment, and related themes that might be distressing to some readers. ## What is the bystander effect? The bystander effect, often called bystander apathy, is where individuals are less likely to assist someone in distress if others are present. This behaviour is rooted in the belief that others will intervene, leading to situations where no one steps in to help. One of the most widely cited examples of the bystander effect was the case of Kitty Genovese in New York City in 1964. Despite being attacked in a populated area with several witnesses present, no immediate assistance was offered. It's widely believed that witnesses to the event may have assumed that others would intervene, diffusing the responsibility to act. Understanding the bystander effect is essential, especially as it manifests in various settings, from public spaces to universities and workplaces, affecting how individuals respond to an emergency situation requiring intervention. ### Diffusion of responsibility Diffusion of responsibility is a socio-psychological phenomenon where individuals feel a diminished sense of personal responsibility to act when others are present. This reduction in perceived responsibility can lead to inaction, especially in situations where intervention is required. The essence of this phenomenon is the belief that others will intervene or that the responsibility to act is shared among all witnesses. As the number of bystanders increases, each individual's sense of personal duty to intervene decreases. Research by American psychologists Darley and Latané has been instrumental in understanding this phenomenon. Their studies highlighted how the presence of other bystanders can significantly reduce the likelihood of an individual offering help in emergency situations. Their findings have been foundational in social psychology, emphasising the importance of understanding group dynamics and individual responsibility. ### **Passive bystander** A passive bystander is an individual who observes a situation but does not take any action to intervene. Various factors can influence this lack of intervention, but two primary elements play a significant role: social norms and social influence. Social norms, the unwritten rules about how to behave in particular situations, can discourage individuals from stepping out of their comfort zones or going against the perceived status quo. When these norms dictate that intervention is not the 'norm,' individuals may hesitate to act, even if they believe the situation is wrong. Social influence, on the other hand, refers to how people change their behaviour based on the actions or beliefs of others. In the context of bystander behavior, if no one else is taking action, an individual might assume that the intervention is unnecessary or even inappropriate. The consequences of passive bystander behaviour can be severe, especially for victims of violence. When bystanders do not intervene in situations of violence against women or family violence, it leaves the victim vulnerable and perpetuates a culture where such actions are tolerated. The lack of intervention can further traumatise victims, making them feel isolated and unsupported in their distressing moments. ### **Active bystander** An active bystander is an individual who not only observes a potentially harmful situation but also chooses to intervene or challenge it. This proactive approach sets them apart from passive bystanders, who might witness the same situation but refrain from taking action. Active bystanders can prevent instances of violence, [promote respectful relationships](/articles/respect-in-the-workplace), and foster a workplace culture where inappropriate or threatening behaviours are not tolerated. Active bystanders often serve as valuable allies in combating disrespectful behaviour and play a crucial role in preventing incidents from escalating. As we will discuss, individuals can employ various strategies to become an active bystander. Direct intervention is one approach where the bystander directly addresses the situation. However, if direct intervention feels unsafe or uncomfortable, seeking assistance from authorities or people nearby is another viable option. Bystander training programs have been developed to equip individuals with the skills and knowledge to intervene effectively and safely in various situations. ### **Differences in perceptions of sexual harassment** The Australian Human Rights Commission defines sexual harassment as unwelcome sexual behaviour that a reasonable person would anticipate would make someone feel offended, humiliated or intimidated. This can include actions like staring, leering, unwelcome touching, suggestive comments, and sharing sexually explicit content. The perceptions of what constitutes harassment can significantly impact bystander intervention. If an act is not universally recognised as harassment, bystanders might be less likely to intervene in cases of sexual assault or violence. This is particularly concerning as both men and women can experience sexual harassment, but it is most commonly experienced by women. For effective bystander intervention, it's crucial to promote a universal understanding of [what constitutes sexual harassment](/articles/5-risk-factors-for-sexual-harassment-in-the-workplace) and the severe consequences it can have on victims. This understanding can be fostered through education, awareness campaigns, and clear workplace policies. ### **Bystander effect in the workplace** Employees often witness instances of unethical or inappropriate behaviour, such as harassment, [discrimination](/articles/discrimination-in-the-workplace), or other forms of mistreatment. However, the presence of others can deter them from speaking up or taking action, especially if the perpetrator is of significant status in an organisation. Inaction can have severe consequences. Not only does it perpetuate a culture where such behaviours are tolerated, but it can also lead to increased workplace [bullying](/articles/understanding-and-preventing-workplace-bullying) and harassment. Victims may feel isolated and unsupported, decreasing morale, productivity, and overall well-being. In the Sex Discrimination Act 1984, workplaces have a [legal obligation to address sexual violence](/articles/7-standards-positive-duty-sex-discrimination-act) and harassment in the workplace or campus. Likewise, new Work Health and Safety laws now mandate the [elimination of psychosocial hazards in the workplace](/articles/psychosocial-hazards-at-work). Failing to do so can result in legal consequences, including lawsuits and penalties. Workplaces must take reasonable and proportionate measures to eliminate unlawful conduct and actively foster a safe environment for their employees. ## **Bystander intervention strategies** In Australia, creating a safe and respectful work environment is not just a moral imperative but also a legal one. Organisations are bound by law to prevent sexual harassment, [discrimination on the ground of an employee's protected attributes](/articles/protected-attributes) and workplace bullying to ensure the well-being of their employees. Let's investigate the strategies of intervention: ### Primary prevention strategies Primary prevention strategies are proactive measures implemented before violence or inappropriate behaviour occurs. The focus is on circumventing violence by addressing its root causes or determinants, mitigating risk factors associated with violence, and bolstering protective factors against it.  Successful primary prevention ensures that the first instance of violence is entirely prevented. It also emphasises the role individuals can play in challenging societal attitudes, norms, behaviours, and power imbalances that contribute to violence against women.  To ensure positive duty compliance with the Sex Discrimination Act [Respect@work reforms](/articles/what-the-respect-at-work-bill-means-for-your-business), your organisation should refer to the [Australian Human Rights Commission guidelines](/articles/7-standards-positive-duty-sex-discrimination-act) that outline the 7 standards every business must adhere to. To combat the bystander effect in the workplace, organisations can implement training programs that educate employees about the importance of intervening and provide them with the tools and strategies to do so effectively and safely. Organisations should update and regularly communicate their [policies on discrimination](/articles/employment-discrimination-law), harassment and misconduct.  For medium-to-large businesses, universities and organisations, implementing an [anonymous reporting tool](/articles/anonymous-reporting-advantages-disadvantages) may be an effective solution where employees can [speak up freely](/articles/speak-up-culture) without fear of retribution. Many anonymous reporting solutions include features such as pulse surveys for conducting [culture audits](/articles/culture-audit-guide). These tools gather employee feedback and help in the early detection and [prevention of workplace misconduct](/articles/dealing-with-workplace-misconduct). ### Secondary prevention strategies: The 5 D's Secondary prevention strategies focus on the early detection and intervention in an unsafe situation. The goal is to intervene swiftly, preventing the escalation and effect of violence and addressing the immediate aftermath of violence. This form of prevention often involves actions taken at or after specific incidents of wrongdoing. Bystanders play a crucial role in secondary prevention by acting promptly to mitigate the impact of violence. #### **Direct intervention** This approach involves the bystander stepping in and addressing the inappropriate behaviour directly. This could mean calmly and assertively pointing out that a comment was inappropriate or asking someone to stop a particular behaviour in the workplace. It's essential to ensure that the intervention does not escalate the situation. Instead, the goal is to clarify that such behaviours are unacceptable in the workplace. #### **Distraction** Distraction is a more subtle approach where the bystander diverts attention away from the situation to de-escalate it. In a workplace setting, this could involve starting a new topic of conversation when inappropriate comments are made or finding a reason to move the person being targeted away from the situation. The primary aim is to interrupt the flow of the problematic behaviour without directly confronting the perpetrator. #### **Delegation** Delegation involves seeking assistance from others. In the workplace context, this could mean talking to a supervisor, HR representative, or another authority figure about the observed behaviour. It's instrumental when the bystander feels they might not have the influence or authority to intervene directly but knows someone who does. #### **Delay** While immediate intervention is often preferred, there are emergency situations where it might not be safe or appropriate to intervene on the spot. The delay approach involves checking in with the victim after the incident to offer support, gather more information, and discuss potential next steps. In the workplace, this could mean approaching a colleague after a meeting to express concern and offer assistance. #### Document Documentation is a crucial step in ensuring that there's a record of inappropriate behaviour or incidents in the workplace. Bystanders can take notes of dates, times, locations, individuals involved, and the nature of the behaviour or comments made. Copying emails or other written forms of communication can also be beneficial. This documentation can serve as evidence if the issue escalates or if formal complaints are made later. In the Australian workplace context, having a clear record can be invaluable in investigations and support the victim's claims, ensuring appropriate actions are taken against perpetrators. ### Tertiary prevention strategies Tertiary prevention comes into play after an act of violence has already occurred. It focuses on long-term responses, aiming to address the lasting consequences of violence, restore health and safety, and prevent further victimisation and perpetration. Activities under this prevention strategy are centred on [person-centred and trauma-informed responses](/articles/person-centred-and-trauma-informed-approach)that minimise the impact of violence and ensure that victims receive the support and care they need. In this context, bystanders can contribute by offering support to victims, ensuring that perpetrators face consequences, and working towards creating an environment where recurrence is less likely. ![The bystander effect in the workplace: Below Deck ](https://media.elker.com/b374cc4d-5997-493a-9ab6-ed1786c78205/bystander-below-deck.png?width=992) Captain Jason and Aesha discuss the reports of sexual misconduct on Below Deck Down Under. ## **Example of bystander interventions: The Below Deck Down Under incident** On reality TV, where drama is often scripted, the events on Below Deck Down Under - Season 2 presented a real-life risk that required direct intervention. The crew's response served as a poignant example of bystander intervention in a professional setting, highlighting the importance of taking action in the workplace. **Background**: During an episode aired on August 7, two crew members, Luke and Laura, were involved in separate incidents of sexual misconduct. Luke, after a night out, entered the cabin of Margot, a young woman and crew member who was unconscious at the time. Margot had clearly stated she was going to bed and was not interested in Luke being with her. Separately, Laura made several unwanted advances towards deckhand Adam, despite his clear indications of disinterest. Adam did not report the incident to the captain as he did not want to "make a big deal" of the harassment. **Intervention**: The production team, who typically remain behind the scenes, took the unprecedented step of breaking the "fourth wall" and intervening when Luke entered Margot's cabin naked. Recognising the potential harm and violation of boundaries, the film crew physically removed Luke from the scene, ensuring Margot's safety. Aesha, the chief steward, reported the incident to the captain, Jason Chambers, who took swift action by removing Luke from the ship. In Laura's case, Aesha reported her harassment of Adam to the captain. After being informed of her inappropriate behaviour toward Adam and her insensitive comments regarding Luke's actions, Captain Jason decided to terminate her employment, emphasising the importance of respecting boundaries and the feelings of fellow crew members. **Actions and outcomes**: Captain Jason Chambers convened a crew meeting to emphasise the importance of respecting boundaries and maintaining professionalism in the workplace. He reinforced a zero-tolerance policy towards any form of [serious misconduct](/articles/serious-misconduct), leading to the termination of both Luke and Laura's employment. The captain's decisive actions clearly conveyed the importance of maintaining a safe and respectful environment. The crew's response was widely appreciated by fans, who were alarmed by the incidents but impressed by the swift and decisive intervention taken by both the production crew and the ship's captain. Margot and Aesha publicly thanked the production team and Captain Jason for their support and intervention. **Conclusion**: The "Below Deck Down Under" incident underscores the importance of bystander intervention. The film crew's proactive approach, combined with Captain Jason's decisive actions, ensured the safety of the crew members and reinforced the importance of maintaining boundaries and respect. This incident serves as a powerful reminder that, regardless of the setting, everyone is responsible for taking action when witnessing inappropriate or threatening behaviours, ensuring a safe and respectful workplace for all. ## **MATE bystander program** The [MATE Bystander Program](https://matebystander.edu.au/about/), a Griffith University and Victorian Health Promotion Foundation project, is an educational and intervention initiative designed to empower individuals to be proactive in preventing domestic violence, interpersonal violence and workplace sexual violence. Training individuals to become active bystanders is paramount in creating a culture where everyone feels empowered to act against inappropriate or threatening behaviours. Different bystander intervention training methodologies, such as workshops, webinars, and interactive sessions, ensure participants are well-equipped to intervene safely and effectively. The MATE Bystander Training, for instance, focuses on teaching individuals to become proactive bystanders who can step in and address problematic behaviour. Research plays a crucial role in shaping and improving these training programs, ensuring they remain relevant, effective, and aligned with the evolving societal norms and challenges. ## **Take action in the workplace** Sexual assault and harassment are serious breaches of professional conduct and may even lead to criminal charges. Every individual, from entry-level employees to senior management, has a moral obligation to intervene in cases of unlawful behaviour or potential harm, ensuring the safety and well-being of their colleagues. A safe workplace is built on respect, understanding, and proactive intervention. Organisations must prioritise the establishment of clear policies against harassment and violence, regular training sessions on bystander intervention, and the promotion of a culture where everyone feels empowered to act against inappropriate or threatening behaviours. The introduction and promotion of a [whistleblowing](/articles/what-is-whistleblowing) hotline or [anonymous reporting software](/articles/whistleblowing-software) in the workplace can further encourage employees to speak up about their concerns without fear. By taking action against sexual assault and violence and fostering a culture of proactive intervention, workplaces not only support their employees but also contribute to building a more respectful and harmonious professional environment. ### Key takeaways - The bystander effect is a predictable group dynamic, not a character failing. It operates regardless of individual values or intent, which is why structural interventions work better than moral appeals. - Under Respect@Work positive duty compliance and new WHS laws, Australian organisations have a legal obligation to take reasonable and proportionate measures to eliminate sexual harassment and psychosocial hazards. Bystander programmes support that duty. - The 5 Ds framework gives bystanders concrete action options. Distraction and delegation are often more practical than direct confrontation, particularly where there is a power imbalance. - Perceptions of what constitutes harassment vary, which is why education and clear workplace policies matter as much as individual training. Universal recognition of harassing behaviour increases intervention rates. - Anonymous reporting is the lowest-friction way to act. It allows colleagues to document and report misconduct without the personal cost that deters direct intervention. ## Frequently asked questions The bystander effect, sometimes called bystander apathy, is the phenomenon where individuals are less likely to help someone in distress when others are present. Each witness assumes others will step in, so no one does. It was studied extensively by American psychologists Darley and Latané, whose research showed that the presence of additional bystanders significantly reduces the likelihood of any individual offering help. Employees often witness harassment, [discrimination](/articles/discrimination-in-the-workplace), bullying, or other misconduct but stay silent, particularly when the perpetrator holds significant status. Inaction perpetuates a culture where such behaviours are tolerated and can increase [workplace bullying](/articles/understanding-and-preventing-workplace-bullying) and harassment. Under the Sex Discrimination Act 1984 and new WHS laws targeting [psychosocial hazards](/articles/psychosocial-hazards-at-work), workplaces have a legal obligation to address this. Direct (calmly address the behaviour yourself), distract (divert attention away from the situation to de-escalate), delegate (seek help from a supervisor, HR, or another authority), delay (check in with the person after the incident to offer support), and document (record dates, times, locations, and details to support later investigation). The framework lets bystanders choose the safest effective option for the situation. Train employees on intervention strategies, update and regularly communicate policies on discrimination, harassment, and misconduct, ensure [Respect@Work positive duty compliance](/articles/7-standards-positive-duty-sex-discrimination-act) with the seven AHRC standards, and implement a [speak-up culture](/articles/speak-up-culture) with multiple reporting channels. Medium-to-large organisations should consider an [anonymous reporting tool](/articles/anonymous-reporting-advantages-disadvantages). Anonymous channels remove one of the main barriers to intervention: the social and professional cost of being identified as the person who raised a concern. Many anonymous platforms also include pulse surveys for [culture audits](/articles/culture-audit-guide), which help identify systemic issues that individual reports alone would miss. The result is earlier detection of misconduct and better data for leaders. ### Sources 1. Darley, J. and Latané, B., research on diffusion of responsibility and bystander intervention (Journal of Personality and Social Psychology) 2. Australian Human Rights Commission, Respect@Work National Inquiry Report 3. Sex Discrimination Act 1984 (Cth) 4. MATE Bystander Program, Griffith University and Victorian Health Promotion Foundation 5. Safe Work Australia, guidance on psychosocial hazards and workplace harassment prevention 6. Anti-Discrimination and Human Rights Legislation Amendment (Respect at Work) Act 2022 _This article is general information only, not legal advice. Laws change and individual circumstances differ. For advice on your specific circumstances, consult a qualified legal practitioner. See our [Terms of Use](/policies/terms) for the full disclaimer._ ## You might also like --- url: https://elker.com/articles/case-management-software title: "Case management software for sensitive matters: complete guide | Elker" description: "A complete guide to case management software for sensitive workplace matters. How it works, what to look for, and how to compare vendors against AU/NZ duties." locale: en-AU generated: 2026-07-01T14:05:39.578Z --- Apr 1, 2026 # Case management software for sensitive matters: a complete guide [Reporting](/blog/reporting)[Compliance](/blog/compliance) How case management software works, what makes it different when the cases involve sensitive disclosures, and what to look for when you're comparing platforms or running a tender. ![Person on Computer using Case Management Software with text "Case management software for sensitive matters: a complete guide"](https://media.elker.com/be4ffc70-44ce-4ffe-9b52-7d3a9735a83f/case-management-software.png?width=992) ByElker Editorial TeamReviewed byJack MurrayUpdated22 April 2026 If you search for "case management software" in 2026 you get a stack of legal-practice tools, social-services platforms, and horizontal workflow systems. Most of them are built around the case as an object: how to track it, route it, update it, close it, report on it. That's a reasonable product category if the cases you're managing are tickets, legal matters, or service episodes. It's a different problem entirely when the cases are sensitive workplace matters. A disclosure from a worker who is afraid of being identified. An incident report from an aged care resident or their family. A complaint from a student about a teacher. An allegation of fraud against a senior executive. A wellbeing concern from a new starter in a male-dominated team. In these cases, the case object is secondary. The people are primary. Protect the people at every step, or the system fails. This guide is about the kind of case management software that gets that right. It walks through what case management software does, why sensitive matters need a different kind of platform, the features and architecture that matter most, how to compare vendors, and how to choose. It's written for the people who are evaluating options: compliance leads, heads of people and culture, general counsel, risk and audit teams, and the executives who sign the procurement. ## TL;DR - Case management software is a dedicated platform for receiving, triaging, investigating, and closing out discrete cases. For sensitive workplace matters, it replaces the ad-hoc arrangements (shared inboxes, spreadsheets, legal hold folders on a shared drive) that fail audit scrutiny and put people at risk. - The category divides into two halves. Horizontal case management (legal practice, social services, general workflow) treats the case as the central object. **Case management for sensitive matters treats the people inside the case as the central object** and builds the product around protecting them. - The five things that distinguish a good sensitive case management platform are: secure multi-channel intake with genuine anonymity, protecting people throughout the case lifecycle, protecting data throughout the case lifecycle, managing cases end-to-end from intake to board reporting, and aligning with the Australian and New Zealand regulatory landscape that actually applies to most cases. - Generic form tools, shared inboxes, and spreadsheets are not fit for sensitive case management use. The legal, reputational, and operational risks of relying on them exceed the cost of a purpose-built platform several times over. - When you run a tender, the criteria that matter most are (1) genuine anonymity in the intake channel, (2) audit trail integrity through the case lifecycle, (3) role-based access that can be configured to your organisation's structure, (4) the vendor's security certifications (ISO 27001 and SOC 2 are the baseline), and (5) the vendor's track record handling the specific regulatory obligations that apply to your sector. > **Looking for a vendor comparison?** This guide is about case management software in general: what it is, how it works, and what distinguishes sensitive-matter platforms from generic ones. If you want a side-by-side comparison of specific whistleblowing platforms (with case management features compared across 15 vendors), see [Best Whistleblowing Software — Top Solutions](/articles/whistleblowing-software) instead. If you want to evaluate Elker's case management platform specifically, visit the [case management software solution page](/solutions/case-management-software). ## What case management software actually does Case management software is, at its simplest, a dedicated platform for the work of managing discrete cases through a defined workflow from intake to closure. The core capabilities are the same across every version of the category: receiving cases from one or more intake channels, triaging them by severity and type, assigning them to the right case handlers, tracking every action and decision, communicating with the people involved, making and recording decisions, closing the case with a documented outcome, and reporting on aggregate patterns over time. What changes between different case management platforms is what kind of case they're built for. Legal practice case management (Clio, MyCase, LEAP) is built around legal matters: client files, billable hours, court dates, trust accounting. Social services case management (Bonterra, Penelope) is built around clients and their care plans: assessments, service delivery records, funding reporting, multi-agency coordination. Generic workflow tools (Jira, ServiceNow, Monday) treat "case" as a ticket to be moved through a pipeline. Case management for sensitive workplace matters is a different category again. The cases are disclosures, complaints, incidents, and concerns about conduct, safety, wellbeing, or integrity. The people inside the cases are workers raising concerns, witnesses, subjects of allegations, investigators, and decision-makers, and every one of them carries a real risk of harm from the process itself. The platform has to handle that risk actively, not as an afterthought. ## Why sensitive matters need a different kind of case management Three things make sensitive workplace cases different from the cases legal or social services or IT ticketing platforms are built for. **First, the identity of the person raising the concern is itself sensitive data.** The whole legal regime around whistleblower protection (the Corporations Act 2001 (Cth) Part 9.4AAA in Australia, the Public Interest Disclosure Act 2013 (Cth) for Commonwealth agencies, the Protected Disclosures (Protection of Whistleblowers) Act 2022 in New Zealand) exists because disclosers are routinely retaliated against when their identity becomes known. The Respect@Work positive duty, state and federal WHS psychosocial regulations, and sector-specific frameworks like the Aged Care Quality Standards and the National Child Safe Principles all depend on workers feeling safe enough to raise concerns. A case management system that leaks discloser identity, even accidentally, undermines the entire regulatory frame. **Second, the content of sensitive cases affects multiple people at once, and each of them has legal rights.** A single disclosure often names the discloser, one or more subjects, one or more witnesses, and sometimes third parties with no direct involvement. Each of those people has privacy rights under the Privacy Act 1988 (Cth) in Australia and the Privacy Act 2020 in New Zealand. The subject has procedural fairness rights around the investigation. The discloser has confidentiality rights and retaliation protections. The witnesses have the same privacy rights as the parties. Managing one case is actually managing several intersecting sets of legal duties. **Third, the stakes of getting it wrong are asymmetric.** A minor process failure in a legal practice case means a billing dispute or a scheduling reschedule. A minor process failure in a sensitive workplace case means a discloser being identified and pushed out of their job, a subject being disciplined before they got a chance to respond, or a regulator discovering the organisation had no functioning speak-up system. The costs of failure are paid in personal harm, legal exposure, and regulatory consequences, and they compound over time. A generic case management tool that is 95 per cent as good as a sensitive-matters platform is far more than 5 per cent worse in practice. The failure modes are concentrated on the cases that matter most. The practical implication is that sensitive case management software has to be built differently from the ground up. Not retrofitted from a horizontal platform. Not adapted from a legal tool. Designed around the people inside the cases from day one. ## What a good sensitive case management platform actually does There are five capability areas that distinguish a good sensitive case management platform from a generic one. Each of them deserves its own section, and each of them maps to a set of articles you can read for depth. ### 1\. Secure multi-channel intake Intake is the front door. Everything downstream depends on it being trustworthy. A good platform accepts disclosures through multiple channels so workers can raise concerns through whichever option suits them: a web form, a mobile app, a QR code linked from a poster, a phone line, an email alias, or an in-person meeting that's transcribed into the platform. Different channels matter for different people: field workers without desktop access need the mobile option, older workers may prefer the phone line, some sectors need multilingual intake for workers with limited English, and students or residents in care settings often need age-appropriate and accessibility-adapted intake. The critical feature of sensitive-matter intake is **genuine anonymity as an option**, not as an afterthought. "Genuine" means the platform does not log IP addresses by default, does not collect device fingerprints, does not require an email address to accept a disclosure, and does not quietly retain identifying metadata that could be used to reconstruct the reporter's identity later. Platforms that claim anonymity but retain metadata "just in case" are not actually anonymous, and this is a well-documented pattern in the comparison literature. Ask vendors specifically what is logged, and what is not, during anonymous intake. The second critical intake feature is **two-way anonymous messaging**. Older "drop box" style anonymous reporting forced a binary: either the discloser identified themselves, in which case the organisation could ask follow-up questions, or the disclosure was anonymous and the organisation had to work with whatever the reporter had already said. Modern platforms solve this with a secure message channel that preserves the reporter's anonymity while letting the organisation ask clarifying questions, acknowledge receipt, share updates, and close the loop. This capability alone changes investigation outcomes, because most cases need at least some follow-up to be resolved properly. For more on the intake side of sensitive case management, see the articles on [what whistleblowing actually is](/articles/what-is-whistleblowing), the [advantages and disadvantages of anonymous reporting](/articles/anonymous-reporting-advantages-disadvantages), and the [regulatory context for ethics hotlines](/articles/ethics-hotline). ### 2\. Protecting people across the case lifecycle Intake is only the beginning. A disclosure that is handled anonymously at intake but exposes the discloser at the investigation step, the outcome communication, or the board report has still failed. Protecting people is a lifecycle problem, not a feature of the intake screen. The three capabilities that carry the load here are role-based access control, segregation of duties, and configurable workflow. **Role-based access control** means that case handlers only see the cases they're assigned to and the parts of those cases they need to do their job. A triage officer sees new cases but not the investigation notes; an investigator sees their assigned cases but not the board analytics; a board member sees aggregated themes but not individual case files. The platform enforces these boundaries at every click, with every access logged for audit. **Segregation of duties** matters because sensitive cases often involve someone in the organisation's normal case-handling chain, and the normal chain has to be bypassed. If a complaint is about the CEO, the CEO cannot be in the escalation path. If a disclosure is about the head of HR, HR cannot be the exclusive handler. A good platform lets the organisation configure escalation rules that route cases around conflicts of interest automatically, based on who is named in the case, who is making the allegation, or what sensitivity classification the case carries. **Configurable workflow** matters because different sectors have different investigation standards and different regulatory obligations. A school investigating a child safety concern has to route to mandatory reporting pathways that an aged care provider investigating a restrictive practice concern doesn't have, and vice versa. A platform that forces every case through the same workflow is a platform that will break as soon as it meets a case that doesn't fit. The articles that go deeper on this dimension include [dealing with workplace misconduct](/articles/dealing-with-workplace-misconduct), [whistleblowing in aged care](/articles/whistleblowing-in-aged-care), and the [incident management system requirements under the Serious Incident Response Scheme](/articles/incident-management-system-aged-care). ### 3\. Protecting data across the case lifecycle The information inside a sensitive case is some of the most sensitive data an organisation holds: allegations about real people, before any of those allegations have been tested. Protecting it is a regulatory requirement, a contractual obligation to the people inside the case, and a practical necessity for the organisation's integrity. The baseline for data protection in sensitive case management is **encryption at rest and in transit**, so that case data is unreadable to anyone who doesn't have legitimate access, and **audit trails** that record every access to every case file, every document uploaded, every note written, and every decision made, with immutable timestamps. When a discloser later asks "who saw my case?", the platform should be able to produce a complete answer, not an approximation. When a regulator asks "how did you handle this?", the platform should produce a full timeline from the contemporaneous record, not a reconstruction from memory and email. Beyond the baseline, four more capabilities matter for sensitive data. **Privacy law alignment.** The Privacy Act 1988 (Cth) in Australia and the Privacy Act 2020 in New Zealand both apply to personal information held inside case files. The 13 Information Privacy Principles in the NZ Act, and the 13 Australian Privacy Principles in the Cth Act, govern how that information is collected, stored, used, and disclosed. A good case management platform makes compliance with these principles operationally easy: role-based access implements collection and use limitations, audit trails support accountability, retention policies implement storage and destruction requirements, and access controls let organisations respond to subject-access requests without exposing confidential sources. **Retention, destruction, and legal hold.** Case data should not be kept forever. The Privacy Act principles (IPP 9 in NZ, APP 11 in AU) require personal information to be destroyed or de-identified when it is no longer needed for the purpose it was collected for. A good platform lets organisations configure retention periods by case type, schedule destruction, and put matters on legal hold when litigation or regulatory action is pending, without having to do it manually on a shared drive. **Cross-border data residency.** Many organisations, especially those with global operations, have legal or contractual restrictions on where case data can be stored. A good platform lets customers choose the data residency region and proves the claim with independent certification. Data residency that's enforced by the vendor's word rather than by architecture is not really data residency. **Security certifications.** ISO 27001 and SOC 2 are the baseline trust signals in the enterprise security market. Both are independent attestations that the vendor's security controls have been audited against recognised standards. Any sensitive case management vendor that does not hold at least one of these, and ideally both, is asking you to take their security claims on trust rather than on evidence. Elker is ISO 27001 certified and SOC 2 attested. For the regulatory context behind these data-protection requirements, the articles on the [NZ Privacy Act 2020 and anonymous reporting](/nz/articles/nz-privacy-act-2020-anonymous-reporting), [ISO 37002](/articles/iso-37002), and [Corporations Act whistleblower protections](/articles/corporations-act-whistleblower-protections) go into more depth on the specific obligations that drive these features. ### 4\. Managing cases end-to-end Intake and protection are the foundations. What you actually do with cases is the point. A sensitive case management platform has to handle the operational load of running cases from the moment they're received through to the moment they're closed and reported on. The capabilities that matter here are **structured investigation workflow** (templates, evidence handling, witness management, timeline reconstruction), **case-level communication** (two-way messaging with the discloser, communication with the subject at the right points in the process, communication with witnesses, communication with third parties like unions or lawyers), **documented decision-making** (recording findings of fact, reasoning, proposed actions, approvals, and final decisions in a way that survives scrutiny), and **aggregated analytics and board reporting** (themes across cases, volume trends, time-to-resolution, retaliation complaints, open case queues, sector-specific regulatory metrics). The last of those deserves particular attention. Under the Corporations Act whistleblower regime, boards of ASX-listed and large proprietary companies are expected to have oversight of whistleblower disclosures. Under the Respect@Work positive duty, the Australian Human Rights Commission assesses compliance partly on whether organisations have board-level oversight of sex discrimination and harassment trends. Under the new Aged Care Act, provider boards are expected to have visibility into serious incidents and their handling. Under the section 44 due diligence duty in NZ's Health and Safety at Work Act 2015, officers need information about psychosocial hazards and the organisation's response to them. All of these obligations translate into a practical need for board-level reporting that the organisation can produce without assembling a manual report every quarter. The article on [psychosocial risk assessment](/articles/psychosocial-risk-assessment-guide) covers the board-reporting dimension in more depth for psychosocial cases, and the articles on the [Public Interest Disclosure Act 2013](/articles/public-interest-disclosure-act-2013) and the [NZ Protected Disclosures Act 2022](/nz/articles/nz-protected-disclosures-act-2022) cover the regulatory oversight dimension for public-sector and NZ contexts. ### 5\. Choosing: how to compare vendors and run a tender Once you understand what the platform should do, the work of selecting one becomes more tractable. The vendor landscape divides into three broad tiers. **Tier 1: generic tools.** Shared inboxes, spreadsheets, ticketing systems, generic form tools, HR information systems with a complaints module bolted on. These fail on almost every axis for sensitive matters: no genuine anonymity, weak audit trails, no role-based access, no privacy-compliant retention, no investigation workflow, no board reporting. Organisations running sensitive matters through generic tools are accumulating legal and operational risk every week. The cost of moving off them is almost always much lower than the cost of staying on them. **Tier 2: single-purpose whistleblowing hotlines.** Traditional ethics hotlines and single-channel whistleblowing tools are better than generic tools, but they typically handle the intake half of the problem without handling the case management half. Organisations using them usually end up with a dual-tool setup: a hotline for intake, a spreadsheet or separate system for investigation and tracking. The seams between the two systems are where cases get lost. **Tier 3: dedicated sensitive case management platforms.** A small number of vendors specialise in end-to-end case management for sensitive workplace matters, covering intake through board reporting in a single platform. The leaders in this tier handle the five capability areas above as standard features, hold recognised security certifications, and are built around the regulatory context that applies to the customer. When you compare vendors, the tender criteria that actually matter are: - **Intake anonymity**: demonstrated, not just claimed. Ask for a technical explanation of what is and isn't logged during anonymous intake. - **Audit trail integrity**: ask to see a demonstration of the audit log for a test case, including how the vendor handles attempts to modify or delete entries. - **Role-based access configurability**: ask how access policies can be configured for your organisation's actual structure, including how the platform handles cases about people in the normal escalation chain. - **Privacy law alignment**: ask how the platform supports AU Privacy Act and NZ Privacy Act obligations specifically, not just "GDPR-compliant" statements that don't map cleanly to AU and NZ law. - **Security certifications**: ISO 27001 certified and SOC 2 attested is the baseline. Ask for copies of the certificates and the dates of last audit. - **Regulatory track record**: ask about customers in your sector and how the platform supports the specific obligations that apply to you (Corporations Act, PID Act, NZ Protected Disclosures Act, Respect@Work positive duty, Child Safe Standards, Aged Care Quality Standards, HSWA due diligence, etc.). - **Configurability vs customisation**: configurable platforms (self-serve, low-code) scale better than customised ones (vendor-built) because customisation creates a dependency on the vendor for every change. - **Support, onboarding, and change management**: a sensitive case management platform is a high-stakes rollout. A vendor that treats it as a technology install rather than a change program is a red flag. ## How Elker fits in Elker is a speak-up and case management platform built for organisations handling sensitive matters. The platform pairs secure multi-channel intake with comprehensive case management that takes a disclosure all the way from anonymous intake through triage, investigation, decision, communication, and board-level reporting. Workers raise concerns through whichever channel suits the moment: a confidential whistleblowing disclosure, a speak-up survey, an incident report, a workplace complaint, or an ad-hoc message. Anonymity is an option at every step, preserved through two-way messaging that lets the organisation follow up without forcing identification. What makes customers come to Elker is speak-up. What makes them stay is the case management. The investigation workflow, the evidence handling, the role-based access, the audit trail, the configurable response process, and the analytics for executives and the board are comprehensive enough to handle the most complex and sensitive matters end-to-end. What makes customers trust Elker with their most sensitive data is the security architecture. Cybersecurity, information security, and granular access controls are designed into every layer of the platform following secure-by-design and privacy-by-design principles. Elker is **ISO 27001 certified** and **SOC 2 attested**. Encryption at rest and in transit, role-based access with full audit trails, and configurable data residency are foundational. Elker is Australian owned and operated, built to help organisations protect, support, and listen to their people, and to resolve issues quickly and fairly. Elker serves clients globally across languages and cultures. To learn more, see the [Elker case management software solution page](/solutions/case-management-software), the [speak-up platform page](/solutions/speak-up-platform), and the [workplace investigation software page](/solutions/workplace-investigation-software). ## Key takeaways - Case management software is a category, and the category divides into sub-categories by what kind of case the platform is built for. Sensitive workplace matters are a distinct sub-category with their own requirements. - The defining characteristic of good sensitive case management software is that it is built around the people inside the cases, not around the cases as objects. - The five capability areas that matter are secure multi-channel intake, protecting people across the lifecycle, protecting data across the lifecycle, managing cases end-to-end, and aligning with the AU and NZ regulatory landscape. - Generic tools (inboxes, spreadsheets, ticketing systems) are not fit for sensitive case management. The risk they accumulate over time is far larger than the cost of moving to a purpose-built platform. - In a tender, the criteria that matter most are intake anonymity, audit trail integrity, role-based access configurability, privacy law alignment, security certifications (ISO 27001 and SOC 2), and regulatory track record in your sector. - The commercial case for sensitive case management software is that it lets organisations resolve issues quickly and fairly, reduces the legal and reputational risk of getting it wrong, and produces the board-level oversight that regulators now expect as a matter of course. ## Frequently asked questions Case management software is a dedicated platform for receiving, triaging, investigating, closing, and reporting on discrete cases. Different case management platforms are built for different kinds of case: legal matters, social services, IT tickets, or sensitive workplace disclosures. The underlying workflow is similar across categories; what changes is what the platform optimises for. Generic case management software treats the case as the central object and builds the product around tracking it efficiently. Case management software for sensitive matters treats the people inside the case as the central object and builds the product around protecting them. That includes genuine anonymous intake, role-based access, privacy law alignment, configurable segregation of duties, and audit trail integrity throughout the case lifecycle. Probably yes. Traditional whistleblowing hotlines handle the intake half of the problem well but don't cover the case management half (triage, investigation, decisions, communications, board reporting). Organisations running a hotline alongside a spreadsheet or separate investigation tool usually find that the seams between the two systems are where cases get lost. A dedicated case management platform that handles both halves in one system reduces risk and effort at the same time. For sensitive workplace matters, yes. Anonymity is an option workers need to have available, even if they don't always use it. A platform that cannot accept fully anonymous disclosures misses the population of workers who are most at risk and most in need of the system. Anonymity also has to be genuine (no IP logging, no device fingerprints, no metadata retention), not nominal. ISO 27001 (information security management systems) and SOC 2 (security, availability, processing integrity, confidentiality, and privacy) are the baseline enterprise trust signals. Any vendor handling sensitive case data should hold at least one and ideally both. Ask for current copies of the certificates and check the dates of last audit. Elker holds both. Every piece of personal information in a case file is covered by the Privacy Act 1988 (Cth) in Australia and the Privacy Act 2020 in New Zealand (plus GDPR for organisations handling EU data). A good case management platform makes compliance with the Privacy Principles operationally straightforward: role-based access implements collection and use limitations, audit trails support accountability, retention policies implement destruction requirements, and access controls let organisations respond to subject-access requests without exposing confidential sources. A defensible tender runs in four phases. Phase one: scope the evidence you need, not a feature list. Require vendors to document how anonymity is preserved across the case lifecycle (architectural evidence, not a yes/no checkbox), how they handle data residency, how role-based access can be configured, and current ISO 27001 / SOC 2 certifications with recent audit dates. Phase two: reference checks with two-plus existing customers in your sector, on the record, focusing on real-world incidents rather than marketing testimonials. Phase three: a 30-day pilot with a live but low-volume use case, measuring actual time-to-triage and ease of investigator onboarding. Phase four: weighted scoring that treats data-handling architecture and regulator-alignment as pass/fail gates, and functional fit + price as weighted criteria. For a cross-vendor comparison of whistleblowing platforms (including how each handles case management), see our [Best Whistleblowing Software](/articles/whistleblowing-software) comparison guide. Well-designed platforms can go live in weeks for a basic configuration and scale over three to six months to a mature multi-sector rollout. What usually takes longer is the internal change work: agreeing on the policy framework, training case handlers, communicating the channel to workers, and embedding the new workflow into existing compliance and governance processes. Plan for the change work to take at least as long as the technology work. ## Sources and further reading **Australian regulatory framework** 1. Corporations Act 2001 (Cth), Part 9.4AAA, whistleblower protection provisions 2. Public Interest Disclosure Act 2013 (Cth), Commonwealth public sector whistleblower protection 3. Privacy Act 1988 (Cth), Australian Privacy Principles 4. Sex Discrimination Act 1984 (Cth), positive duty provisions (Respect@Work reforms) 5. Fair Work Act 2009 (Cth), Part 6-4B anti-bullying provisions 6. Safe Work Australia, Model Code of Practice: Managing psychosocial hazards at work (2022) 7. Aged Care Act 2024 and the Serious Incident Response Scheme 8. National Principles for Child Safe Organisations **New Zealand regulatory framework** 1. Protected Disclosures (Protection of Whistleblowers) Act 2022 (NZ) 2. Privacy Act 2020 (NZ), Information Privacy Principles 3. Health and Safety at Work Act 2015 (NZ) 4. WorkSafe NZ guidance on psychosocial hazards and mentally healthy work **International and technical standards** 1. ISO 37002:2021, Whistleblowing management systems guidelines 2. ISO 27001, information security management systems 3. SOC 2 (Service Organisation Control), security, availability, processing integrity, confidentiality, privacy 4. EU Directive 2019/1937, the EU Whistleblowing Directive _This article is general information only, not legal advice. Laws change and individual circumstances differ. For advice on your specific circumstances, consult a qualified legal practitioner. See our [Terms of Use](/policies/terms) for the full disclaimer._ ## You might also like --- url: https://elker.com/articles/closing-loopholes title: "Closing Loopholes: Guide to Compliance 2025" description: "The Fair Work Legislation Amendment Act 2023 brings a critical focus to closing loopholes in Australian workplace regulations." locale: en-AU generated: 2026-07-01T14:05:39.640Z --- Feb 19, 2024 # Closing Loopholes: Guide to Regulatory Changes and Compliance in 2025 [Compliance](/blog/compliance) The Fair Work Legislation Amendment for 2023 brings a critical focus to closing loopholes in Australian workplace regulations. From clarifying employment definitions to overhauling workers' rights, these reforms affect most businesses in Australia. This article explores the key changes and the practical implications for ensuring compliance and promoting fair work practices. ![Closing Loopholes: Guide to regulatory changes and compliance in 2024](https://media.elker.com/9540c7aa-1e71-4f96-a07e-08dbcfa323c9/closing-loopholes-regulations.png?width=992) ByElker Editorial TeamReviewed byJack MurrayUpdated22 April 2026 **TL;DR** - "Closing Loopholes" refers to two federal Acts that amended the Fair Work Act 2009 (Cth): the Fair Work Legislation Amendment (Closing Loopholes) Act 2023 and the Fair Work Legislation Amendment (Closing Loopholes No. 2) Act 2024. The article covers both. - The reforms reintroduce a multi-factorial test for distinguishing employees from independent contractors, rework the definition of casual employment around "real substance, practical reality and true nature", and create Regulated Labour Hire Arrangement Orders so labour hire workers receive at least the host employer's enterprise agreement rates. - Intentional wage underpayment became a criminal offence from 1 January 2025 under s 327A of the Fair Work Act. The offence requires intent; honest mistake, negligence and recklessness fall outside its scope. Individuals face up to 10 years' imprisonment and body corporates face fines up to the greater of three times the underpayment or about A$7.825 million. - The right to disconnect commenced 26 August 2024 for non-small-business employers and 26 August 2025 for small business employers. It lets employees refuse to monitor, read or respond to out-of-hours contact from employers or third parties where the refusal is not unreasonable. - The package also recognises being subject to family and domestic violence as a protected attribute under the Fair Work Act, creates minimum standards and unfair deactivation protections for gig "employee-like" workers and road transport contractors, extends enforceable rights to workplace delegates, and fixes the small business redundancy exemption loophole. ## Key takeaways - The Fair Work Legislation Amendment (Closing Loopholes) Act 2023 [passed both houses of the Australian government on 12 February](https://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/Bills_Search_Results/Result?bId=r7134) 2024. The Bill awaits royal assent, and **the new laws are expected to commence in mid-2024**. - Closing Loopholes introduces new worker rights and protections in Australia, including an objective definition of casual employment, the "same job, same pay" principle for labour-hire workers, and stronger protections against discrimination. - Significant reforms include the introduction of a multi-factorial test for employment status, the [right to disconnect](/articles/right-to-disconnect-australia), the [criminalisation of intentional wage underpayment](/articles/criminalising-intentional-wage-underpayments), and an industrial manslaughter offence for negligent or reckless conduct leading to a worker's death. - The Act also implements greater protections and standards for gig and road transport workers, revises casual employment definitions to reflect the true nature of work relationships, and creates Regulated Labour Hire Arrangement Orders to ensure fair pay and conditions. ## Understanding the Fair Work Legislation Amendment (Closing Loopholes) Act 2023 The Fair Work Legislation Amendment (Closing Loopholes) Act 2023 will align Australia’s workplace laws with the evolving nature of work, characterised by the gig economy, shifting employment contracts, and the influence of digital connectivity. The Act introduces new rights and protections, implements restrictions on work forms, and imposes new compliance obligations. The key goals of the Act include addressing casual employment definitions, preventing wage theft, and strengthening labour-hire arrangements. The Act provides the following key provisions: - a more objective definition of casual employment - a multi-factorial test for employment status - prevention of undercutting of enterprise agreement wages by labour-hire workers - fortified protection against [workplace discrimination](/articles/discrimination-in-the-workplace), particularly for those affected by family and domestic violence - pathways for casual workers to transition to permanent roles. Download the snapshot of changes from the Fair Work Ombudsman [**here**](https://www.fairwork.gov.au/sites/default/files/2024-01/closing-loopholes-timeline.pdf). ![Closing Loopholes: New Fair Work regulations for Australian employers](https://media.elker.com/10f72fdd-f460-473e-bded-1f6c4949602b/fwo-closing-loopholes-regulations.png?width=992) ## Return to multi-factorial test in determining contractor vs employee distinction The Act seeks to identify the nature of an employment relationship through the reintroduction of a multi-factorial test. This test uses a structured approach, considering a range of factors, including the worker's level of control, provision of tools and equipment, as well as uniform requirements. ### Empowering labour-hire workers with equal pay rights A significant change introduced by the Fair Work Act is the enforcement of the "same job, same pay" principle, ensuring labour-hire workers and those in permanent employment are not paid less than direct employees for identical work. This principle is a crucial step towards establishing fair compensation practices in all sectors. The Act empowers the Fair Work Commission to consider applications concerning equal pay rights for labour-hire workers, thus promoting pay parity. From 15 December 2023, regulated labour-hire arrangement orders requiring equal pay for labour-hire workers can be sought, underlining the Act's proactive approach to pay parity. Furthermore, the changes allow employees, unions, and host employers to apply to the Commission for an order stipulating that labour-hire employees must receive at least the same remuneration as they would under a host's enterprise agreement. ### Introducing the right to disconnect In today's digital era, avoiding work-related communications outside office hours is challenging. Recognising the importance of work-life balance, the Act introduces the new right to disconnect for employees. This right allows employees to refuse to monitor, read, or respond to work communications, such as calls or emails, outside of their paid hours unless such refusal is deemed unreasonable. To ensure this right is well understood and properly implemented, the Fair Work Commission is tasked with preparing and issuing written guidelines defining the operation of the Right to Disconnect. This measure ensures clarity for both employers and employees, striking a balance between work demands and personal life. ### Laws to criminalise wage underpayment Ensuring fair compensation for employees is a fundamental aspect of employment law. Introduced on 1 January 2025, the Act criminalises intentional wage underpayment, setting the stage for stricter penalties for employers and individuals who fail to honour their wage obligations. View our article on [Criminalising Intentional Wage Underpayment](/articles/criminalising-intentional-wage-underpayments) here. ### Introduction of industrial manslaughter offence and increased workplace penalties Employers bear the responsibility of guaranteeing a safe workplace environment. The Act takes a firm stance on this by proposing an [industrial manslaughter offence](/articles/industrial-manslaughter). This offence applies to persons conducting a business or undertaking (PCBUs) whose negligent conduct or recklessness results in the death of an individual. The offence requires a demonstration of intentional engagement in conduct that breaches their duty under the WHS Act and results in the death of an individual. This measure underscores the seriousness with which the Act views workplace safety and the importance of adhering to [safety obligations](/articles/psychosocial-hazards-at-work). ### **Enhanced support for employees affected by family and domestic violence** The Fair Work Legislation Amendment (Closing Loopholes) Act 2023 significantly strengthens the protections for employees affected by family and domestic violence (FDV). In a shift towards more compassionate workplace regulations, the Act introduces crucial amendments to the Fair Work Act (FW Act) that address the needs of employees facing such challenges. Previously, the status of being affected by FDV was not recognised as a protected attribute under the FW Act or [federal anti-discrimination laws.](/articles/protected-attributes) However, it received protection under certain State and Territory laws. Recognising the importance of supporting all employees, the Act now makes the following pivotal changes: - It officially recognises "being subject to FDV" as a protected attribute under the FW Act. - It explicitly prohibits employers from taking adverse action against an employee or potential employee based on their experience of FDV. - It forbids the inclusion of terms in enterprise agreements and modern awards that could discriminate against employees for reasons related to FDV. These amendments mark a significant step forward in ensuring that workplaces are supportive environments for employees navigating the challenges of family and domestic violence, reinforcing the commitment to fairness and compassion in Australian labour laws. ### Overhaul of gig worker rights With the rise of the gig economy, there is an increased emphasis on protections for gig workers. The Act, proposed by the employment legislation committee, includes proposed amendments to enhance terms and conditions for "employee-like workers". The key amendments feature: - new definitions of "employee-like worker" and "digital platform operator" - enhanced powers for the Fair Work Commission to establish minimum standards - protections against "[unfair deactivation](https://www.theguardian.com/australia-news/2023/aug/31/australias-gig-economy-workers-set-to-benefit-from-minimum-pay-and-protection-against-unfair-deactivation)" - an introduction of consent-based collective agreements. These changes aim to provide gig workers a more level playing field, ensuring they receive fair and equitable treatment. ### Workplace delegates: enhanced rights and protections Workplace delegates, including union officials, play a role in advocating for workers' rights. The Act introduces statutory workplace rights to support the role of workplace delegates in representing workers and fostering positive workplace relations while addressing intractable bargaining workplace determination challenges. To protect workplace delegates from unfair treatment, the Act proposes certain protections such as: - Safeguarding against employer behaviours like unreasonably failing to engage with them - Providing false or misleading representations - Obstructing the delegate's rights - Reasonable access to paid time during working hours for training. ## Protections for road transport contractors The Act proposes significant protections for independent contractors in the road transport sector in Australia, encompassing areas such as: - Payment terms - Working hours - Insurance - Safety standards - Dispute resolution These protections ensure fair and safe working conditions in the road transport industry. They also include provisions for: - Consent-based collective agreements - Addressing unfair terminations of service contracts - Disputing unfair contract terms - Extending rights and protections for workplace delegates. ## Changes to casual employment provisions Casual employment constitutes a considerable segment of Australia's workforce. The Act proposes to revamp the definition of "casual employee", focusing on assessing the "real substance," "practical reality," and "true nature" of the employment relationship. Under the new definition, an employee will be classified as a casual employee only if there is an absence of a firm advance commitment to continuing and indefinite work and if the employee is entitled to a casual loading or rate of pay under a fair work instrument or contract. This new definition aims to provide greater clarity and fairness in casual employment arrangements. ## Closing the labour-hire loophole Labour hire arrangements have long been a prominent aspect of Australia's employment landscape. However, certain loopholes within these arrangements have been exploited, adversely affecting workers. The Fair Work Legislation Amendment (Closing Loopholes) Bill 2023 proposes significant structural changes to the Fair Work Act 2009 (Cth) regulating third-party workforce arrangements. This includes addressing what has been dubbed "closing the labour-hire loophole," which aligns with the Federal Government's broader "Same Job, Same Pay" reforms to ensure equitable pay for workers performing similar tasks. One of the key measures introduced by the Act is the establishment of Regulated Labour Hire Arrangement Orders (RLHAOs). These orders govern worker pay arrangements between employers supplying employees and the "regulated host" – the entity procuring the workforce. RLHAOs aim to ensure fair and consistent pay rates and conditions for covered workers. It's important to note that **RLHAOs may come into effect after 1 November 2024**, and some exclusions and exemptions warrant further exploration. These provisions seek to rectify existing loopholes, enhance worker protections, and promote fair and equitable labour practices within the labour-hire sector. ## Keeping Australian employers informed It's important for Australian employers to keep updated on legislative changes. The Fair Work Ombudsman's website features a [dedicated Closing Loopholes webpage](https://www.fairwork.gov.au/about-us/workplace-laws/legislation-changes/closing-loopholes) where employers can find comprehensive information on the changes. To aid this, the [Fair Work Infoline](https://www.fairwork.gov.au/about-us/contact-us/call-us) and an interpreter service provide free advice and assistance to employers and employees on employment and workplace relations rights and obligations. Employers and employees are advised to proactively educate themselves on the new Closing Loopholes workplace laws to ensure full compliance. ## Strategies for adapting to legislative changes With the introduction of stricter industrial manslaughter laws, the urgency for workplaces to adapt to legislative changes has never been greater. Ensuring the safety of employees must be a paramount concern for all businesses. One vital strategy in this endeavour is the implementation of secure, anonymous reporting channels. Tools like Elker offer a lifeline for the early detection of workplace issues, including safety violations, [sexual harassment](/articles/7-standards-positive-duty-sex-discrimination-act), financial crime, [bullying](/articles/understanding-and-preventing-workplace-bullying), and [serious workplace misconduct](/articles/serious-misconduct), which cannot only improve working conditions but potentially save lives. Although not explicitly a matter of compliance, anonymous reporting tools like Elker can significantly protect your business's bottom line and reputation. Businesses can address potential risks proactively by empowering workers to [speak up about vital issues](/articles/speak-up-culture) related to safety and security. ## Summary The Fair Work Legislation Amendment (Closing Loopholes) Act 2023 marks a shift in Australia's employment laws, emphasising the importance of employee safety and the need for businesses to adapt to these changes. Staying compliant requires more than a superficial understanding of the new laws; it necessitates [practical tools and strategies](/articles/anonymous-employee-feedback) that empower employers and employees. Elker stands at the forefront of this transformation. Elker offers a [whistleblowing platform](/articles/whistleblowing-software) for employees to [report concerns anonymously](/articles/anonymous-reporting-advantages-disadvantages), leading to the early detection of workplace issues. With features such as end-to-end encryption, live chat, customisable reporting pathways, and comprehensive case management, Elker not only aids businesses in staying compliant with the latest regulations but also enhances workplace safety and security. By integrating Elker into your workplace, you embrace a proactive approach to compliance, safeguarding your employees' well-being and upholding your organisation's integrity and reputation. [**Book a demonstration**](/book-demo) **and see how Elker can help your workplace.** ### Key takeaways - Closing Loopholes is shorthand for two Acts, not one. Employers often confuse which provisions came from which, and the commencement dates are staggered. - The labour hire reforms sit on the "same job, same pay" principle. Regulated Labour Hire Arrangement Orders can require host employers and labour hire providers to match enterprise agreement rates, a structural shift for host businesses that use third-party workforces. - The new casual employee definition looks past the contract to the real substance of the relationship, which reopens pathways for casual-to-permanent conversion that were narrowed by earlier High Court decisions. - Family and domestic violence is now a protected attribute, with adverse-action and enterprise-agreement protections added to the Fair Work Act's general protections regime. - A functioning speak-up channel is a practical compliance asset because the reforms create several new categories of workplace complaint, wage theft, right to disconnect, labour hire pay parity, delegate rights, that often surface internally before they become disputes. ## Frequently asked questions Two federal Acts that amended the Fair Work Act 2009: the Fair Work Legislation Amendment (Closing Loopholes) Act 2023 and the Fair Work Legislation Amendment (Closing Loopholes No. 2) Act 2024. Together they reworked the test for employment status, the definition of casual employment, labour hire arrangements, union and delegate rights, family and domestic violence protections, gig worker and road transport protections, and wage theft enforcement, among other areas. Section 327A of the Fair Work Act, inserted by the 2023 Act, makes it a criminal offence for an employer to intentionally fail to pay an employee an amount owed under the Fair Work Act or a fair work instrument by the due date. The offence commenced on 1 January 2025 and requires intent, so honest mistake, negligence and recklessness are outside its scope. Maximum individual penalties include 10 years' imprisonment, and body corporate fines can reach the greater of three times the underpayment or approximately A$7.825 million. An enforceable workplace right for employees to refuse to monitor, read or respond to out-of-hours contact from an employer (or relevant third party) unless the refusal is unreasonable. Unreasonableness is assessed against the reason for contact, how it is made, the level of disruption, whether the employee is compensated for out-of-hours availability, and the nature of the role. It commenced on 26 August 2024 for non-small-business employers and 26 August 2025 for small business employers. The Closing Loopholes No. 2 Act reintroduced a multi-factorial approach to determining employment status, looking at factors such as the level of control, who provides tools and equipment, and uniform requirements. The intended effect is to give weight to the real substance of the relationship rather than the written contract alone, which shifts the position left by the 2022 High Court decisions in Personnel Contracting and Jamsek. From 15 December 2023, employees, unions and host employers have been able to apply to the Fair Work Commission for a Regulated Labour Hire Arrangement Order, which requires labour hire employees to receive at least the remuneration they would under the host's enterprise agreement. The reform closes a loophole where labour hire providers could undercut enterprise agreement rates for workers doing the same work alongside direct employees. The reforms address long-standing issues for delivery riders, rideshare drivers, and other gig workers, including overwork and underpayment. The Fair Work Commission gained enhanced powers to set minimum standards for "employee-like workers" engaged through digital platform operators, and the reforms introduce protections against unfair deactivation along with consent-based collective agreements. The goal is to give gig workers a more level playing field with traditional employees while preserving the flexibility that defines platform work. The 2023 Act fixes a long-standing loophole in the small business redundancy exemption. Previously, employees could lose their entitlement to redundancy pay if their employer became a small business (fewer than 15 employees) during insolvency. Under the amendments, employees retain their right to redundancy pay even where the company transitions to small business status during the insolvency process, closing a gap that had left workers without payout at the most vulnerable point in their employment. ### Sources 1. Fair Work Legislation Amendment (Closing Loopholes) Act 2023 (Cth) 2. Fair Work Legislation Amendment (Closing Loopholes No. 2) Act 2024 (Cth) 3. Fair Work Act 2009 (Cth), s 327A (wage theft), s 333M (right to disconnect), and amended employee, casual and labour hire provisions 4. Fair Work Ombudsman, Closing Loopholes implementation guidance and timeline 5. Fair Work Commission, guidance on Regulated Labour Hire Arrangement Orders and the right to disconnect _This article is general information only, not legal advice. Laws change and individual circumstances differ. For advice on your specific circumstances, consult a qualified legal practitioner. See our [Terms of Use](/policies/terms) for the full disclaimer._ ## You might also like --- url: https://elker.com/articles/combating-virtual-harassment-in-remote-work title: "Tackle Virtual Harassment in Remote Work Settings 👨‍💻" description: "Understand the rise of virtual harassment in remote work and work-from-home settings. Learn effective strategies for prevention with Elker." locale: en-AU generated: 2026-07-01T14:05:39.704Z --- Sep 15, 2023 # Combating Virtual Harassment In Remote Work [Cultural change](/blog/cultural-change) In the remote workplace, sexual harassment, bullying and discrimination can still thrive. Understand the rise of virtual harassment in remote work and work-from-home settings. Learn effective strategies for prevention with Elker. ![Combatting virtual harassment in remote work](https://media.elker.com/1a1e1585-1b24-42e9-8aa2-58f74f968438/combatting-virtual-harassment.jpeg?width=992) ByElker Editorial TeamReviewed byJack MurrayUpdated22 April 2026 **TL;DR** - Virtual harassment is unwelcome conduct that creates a hostile work environment through digital channels such as chat, email, video calls, and collaboration platforms. It is fully covered by Australia's workplace harassment and discrimination laws. - Research cited in the article shows harassment has risen in remote settings. A UK survey by Rights of Women found a 15% increase in online sexual harassment for women during COVID-19. Project Include reported that 25% of respondents experienced an increase in gender-based harassment during the pandemic. - Common forms include cyberbullying, discriminatory comments, cyberstalking, invasion of privacy, unsolicited sexually explicit content, sexual comments and advances, derogatory remarks and jokes, and online isolation (exclusion from meetings or channels). - Project Include's data shows harassment more often occurs over private channels: chat (45%), email (41%), and video meetings (41%). The absence of physical oversight enables harassers to target individuals one-on-one in unmonitored spaces. - Since 12 December 2023, the Australian Human Rights Commission has had enforcement powers over the positive duty in the Sex Discrimination Act. Remote and hybrid workplaces are not exempt from employer obligations to eliminate sexual harassment. In the post-COVID-19 era, the shift to remote work and hybrid employment conditions has become a common adaptation for many businesses worldwide. This change, while necessary and often convenient, has altered the dynamics of workplace interactions, leading to a rise in [workplace bullying](/articles/understanding-and-preventing-workplace-bullying) and harassment in the remote work setting.  Ellen Pao, former CEO of Reddit and current CEO of Project Include, [shared a recent study](https://web.archive.org/web/20210517160105/https://projectinclude.org/assets/pdf/Project_Include_Harassment_Report_0321_R8.pdf) highlighting an increase in harassment based on age, gender, and race/ethnicity in remote work environments since the onset of the pandemic. A UK [survey by Rights of Women](https://web.archive.org/web/20220406221412/https://rightsofwomen.org.uk/news/rights-of-women-survey-reveals-online-sexual-harassment-has-increased-as-women-continue-to-suffer-sexual-harassment-whilst-working-through-the-covid-19-pandemic/) further reinforced this data, revealing that nearly half of the women who have experienced workplace sexual harassment have encountered some, if not all, of it online. The survey conducted also highlights a 15% increase in online sexual harassment for women working remotely during COVID-19. This growing concern emphasises the need for clear strategies and robust systems for workplaces to address and prevent online harassment in work-from-home settings, [ensuring a safe and respectful environment](/articles/respect-in-the-workplace) for all employees. From December 12, the [positive duty in the Sex Discrimination Act](/articles/7-standards-positive-duty-sex-discrimination-act) will be enforced by the Australian Human Rights Commission. Remote and hybrid workplaces are not exempt from employers' duties to eliminate sexual harassment and sex-based [discrimination in the workplace](/articles/employment-discrimination-law). Now is the time for workplaces to take a stand against harassment. ## **What is virtual harassment?** Online harassment encompasses any unwelcome conduct, comments, or actions that create a hostile or intimidating work environment. It can involve discriminatory or offensive actions based on [characteristics such as race, gender, religion, or age](/articles/protected-attributes). Victims of harassment often experience profound emotional distress and mental health issues, anxiety, and a decline in work productivity. Perpetrators may face severe consequences, including disciplinary actions, termination, or legal repercussions. Employers bear the responsibility of addressing and preventing online harassment to ensure a safe and inclusive remote workplace. ## **Types and forms of virtual harassment** Online harassment takes various forms, often inflicting [psychological distress](/articles/psychosocial-hazards-at-work) and creating a hostile work environment. Understanding these forms is crucial to combatting such behaviour effectively. ### **Common types of remote workplace harassment** **Cyberbullying:** Cyberbullying involves using digital or private messaging platforms to intimidate, threaten, or humiliate a co-worker. This might include sending abusive emails, derogatory messages, or spreading false rumours about a coworker. **Discriminatory comments:** Harassment can manifest through [discriminatory remarks](/articles/discrimination-in-the-workplace) based on race, gender, age, religion, or other protected characteristics. Examples include inappropriate comments targeting a colleague's ethnicity during a video conference. **Cyberstalking:** Cyberstalking occurs when a person persistently follows and monitors a colleague across online platforms and social media, making them feel threatened or unsafe.  **Invasion of privacy:** Harassers may intrude into their colleagues' personal lives by excessively monitoring their online activities, attempting to access personal information, or using excessive surveillance tools. Invasive behaviour can extend to instant messaging platforms and **social media**, where harassers may engage inappropriately with colleagues' personal content. **Unsolicited sexually explicit content:** This type of harassment involves sending explicit photographs, messages, or videos without the recipient's consent. For example, an employee might receive unsolicited explicit images shared via email or chat apps. **Sexual comments and advances:** In remote settings, sexual comments or advances can manifest through chat, private messages, or video conferencing tools. For instance, an employee may receive suggestive comments or propositions from a colleague during a virtual meeting. **Derogatory remarks and jokes:** Harassment can also take the form of offensive jokes or derogatory remarks based on gender, appearance, or sexual orientation. This might include demeaning comments about an employee's appearance or comments of a sexual nature during a video call. **Online isolation:** Some employees may be deliberately excluded from virtual meetings, chats, or collaborative workspaces. This form of harassment can lead to feelings of isolation and exclusion. > There’s simply no amount of free therapy or other corporate wellness perks that can offset the toxicity of racism and sexism in the workplace. Jenna Wortham, The New York Times ## **Understanding virtual harassment in work-from-home and remote work contexts** The shift to working from home has inadvertently intensified work pressure and expectations on employees. A significant 64% of individuals reported increased work hours since the onset of COVID-19, with many feeling the pressure to be constantly online and available.  This environment, marked by poor communication practices and a focus on activity over productivity, has inadvertently created a fertile ground for workplace harassment. The expectation of remote workers being continuously responsive across multiple platforms has blurred the boundaries between personal and professional spaces, making it harder for individuals to escape or address inappropriate behaviour.  ## **Why has workplace harassment increased despite remote work?** The lack of physical oversight in remote work settings has encouraged some individuals to exert undue power over more vulnerable colleagues. The channels through which remote work occurs are often unmonitored, unrecorded, or happen outside formal work platforms and software. Respondents to Project Include reported experiencing harassment more frequently over chat (45%), email (41%), or video meetings (41%) compared to productivity tools used publicly by many employees. The absence of physical oversight means that harassers can follow their targets across online spaces, often resorting to private interactions, such as one-on-one conversations, to exert control. The informal nature of remote work, compared to a traditional office setting, can sometimes lead to a lapse in professional conduct. Employees may feel that online environments are not considered formal places of work and believe that traditional rules don't apply. This perception, coupled with the difficulty of discerning intent from text stripped of tonal cues, can lead to a rise in inappropriate communications.  ## **The realities of virtual harassment** According to a [2023 Deloitte survey](https://www.deloitte.com/global/en/issues/work/content/women-at-work-global-outlook.html), _Women at Work: A Global Outlook_, 44% of women have experienced some form of harassment or microaggression in the past year. Women of colour and LGBTQ women were significantly more likely to experience these non-inclusive behaviours. Project Include found that 25% of respondents experienced an increase in gender-based harassment during the pandemic, about 10% experienced an increase in race- and ethnicity-based hostility, and 23% of respondents who were 50 years and older experienced increased age-based harassment or hostility. While obscene instances, such as video call nudity, become headlines, more common [examples of misconduct](/articles/serious-misconduct) and harassment can include unwelcome comments about an employee's appearance, demeanour, physical surroundings, productivity, or political beliefs. Remote work can also reveal aspects of identity an employee may have preferred to keep private, such as children, partners and pets, leading to further harassment and microaggressions. Though seemingly benign, these behaviours can undermine the well-being of employees. ## **Where do we go from here?** Businesses have been unprepared to address remote workplace harassment. The lack of policies and procedures around what is acceptable in virtual communication makes it difficult for employees to know what to do when they feel uncomfortable and for employers to hold employees accountable. A good remote harassment policy should include an expansive definition of what harassment is and looks like at work, establish clear reporting channels, and outline a clearly defined procedure to follow if a report comes in. ## **Practical steps to prevent online harassment in remote work** Preventing online harassment begins with a comprehensive approach that includes clear policies, training programs, and effective communication. Here are some practical steps for employers: **Establish clear policies:** Develop a clear code of conduct that explicitly addresses online behaviour. Ensure these policies cover various forms of harassment, including those related to remote working. Employees should be aware of what constitutes sexual harassment and online abuse. **Conduct training:** Regularly educate employees and managers about online harassment, its consequences, and how to report incidents. Training programs should emphasise the importance of respectful virtual interactions. **Foster a culture of inclusion:** Promote inclusivity by encouraging open dialogue about online harassment concerns. Create a safe space to report sexual harassment and other forms of employee abuse. Regular wellness check-ins can also be a part of this approach, prioritising the well-being of the workforce. **Implement reporting mechanisms:** Set up a confidential system for online harassment incidents. Your company's human resources department should ensure employees have multiple avenues for reporting harassment, such as a [dedicated whistleblowing platform](/articles/whistleblowing-software) like Elker. **Encourage reporting:** Create a culture that encourages [reporting of misconduct](/articles/what-is-whistleblowing) without fear of retaliation. Assure employees that their concerns will be taken seriously and kept confidential. **Investigate promptly:** When a complaint is filed, investigate the incident promptly and take appropriate action. Make it clear that online harassment will not be tolerated. **Provide trauma-informed support:** If necessary, offer support services to victims, including counselling or legal assistance. Ensure those who have experienced sexual harassment, discrimination or online abuse [feel protected and valued](/articles/person-centred-and-trauma-informed-approach). **Legal compliance:** Stay updated on relevant employment laws, like the Sex Discrimination Act 1984 and Workplace Health and Safety regulations. Review your policies and ensure your company's procedures are compliant with current legislation. **Monitor trends:** Stay informed about emerging trends in workplace harassment and adapt your prevention strategies accordingly. **Adapt and improve:** Continuously refine your harassment prevention measures based on feedback, incident data, and changing workplace dynamics. By following these steps, employers can significantly [reduce the risk of harassment](/articles/5-risk-factors-for-sexual-harassment-in-the-workplace) and create a virtual work environment where all employees feel safe, respected, and empowered. ![Product features: anonymous, encrypted two-way chat for whistleblowing disclosures](https://media.elker.com/6234882b-bd1e-4a92-874a-361e9b5ad6c0/anonymous-two-way-chat.png?width=992) Tackle remote workplace harassment and sexual harassment with Elker ### Key takeaways - Virtual harassment is the same legal category as in-person harassment. The Sex Discrimination Act, Fair Work Act, and state WHS laws all apply regardless of channel. - A 2023 Deloitte survey found 44% of women had experienced some form of harassment or microaggression in the past year, with higher rates for women of colour and LGBTQ women. - The informal tone of remote work and the "always on" expectation blur the boundaries between personal and professional spaces, making harassment harder to escape or report. - Effective policies need an expansive definition of harassment that explicitly covers digital behaviour, clear reporting channels, and documented investigation procedures. - Trauma-informed support and prompt investigation matter as much as policy. Digital evidence can also disappear quickly, so preservation is a practical priority. ## Frequently asked questions Virtual harassment is any unwelcome conduct, comments, or actions through digital channels that create a hostile or intimidating work environment. Examples include cyberbullying, discriminatory comments based on [protected attributes](/articles/protected-attributes), cyberstalking, unsolicited sexually explicit content, sexual comments during video meetings, derogatory jokes, invasion of privacy, and deliberate exclusion from online meetings and channels. The article points to several reasons: a lack of physical oversight, informal digital communication norms, the "always on" expectation, and the ability for harassers to follow targets across multiple channels into private one-on-one interactions. Project Include found harassment occurred more often through chat (45%), email (41%), and video meetings (41%) than through publicly visible productivity tools. Yes. The Sex Discrimination Act 1984, the Fair Work Act 2009, and state work health and safety laws all apply to harassment that occurs through digital channels when connected to the workplace. The Respect@Work positive duty covers remote and hybrid workplaces just as it does in-person ones. For context, see our guide to the [seven standards of the positive duty](/articles/7-standards-positive-duty-sex-discrimination-act). Establish a clear code of conduct that explicitly covers online behaviour, conduct regular training on respectful virtual interactions, foster open communication and inclusion, implement confidential reporting mechanisms such as a [whistleblowing platform](/articles/whistleblowing-software), investigate complaints promptly, provide trauma-informed support, and stay up to date with legal obligations. A hostile work environment arises when the behaviour of supervisors, managers, or co-workers significantly disrupts an employee's ability to do their job. It is typically characterised by a pattern of offensive, intimidating, or humiliating conduct directed at the employee. Under the [Respect@Work legislation](/articles/what-the-respect-at-work-bill-means-for-your-business), conduct (continuous or isolated) that a reasonable person would find offensive, intimidating, or humiliating on the ground of sex is prohibited and falls within the scope of the positive duty. Courts and tribunals typically look at three factors: discriminatory behaviour (unfair treatment or harassment based on characteristics like religion, age, race, sex, or disability), an intimidating environment (a general atmosphere of fear, discomfort, or intimidation, often perpetuated by threats or bullying), and offensive behaviour (actions or comments that are inappropriate, demeaning, or abusive). The reasonable-person test applies to whether the conduct crosses into unlawful territory. Harassment is commonly grouped into three types: verbal, visual, and physical. Verbal harassment uses words to belittle or humiliate, including insults, derogatory comments, and threats. Visual harassment involves inappropriate or offensive images and gestures, which in remote work often appears as explicit content sent through chat or email. Physical harassment refers to unwanted physical contact or invasive behaviour, which has a digital equivalent in invasion of privacy and cyberstalking. ### Sources 1. Project Include, Remote Work Harassment Report (2021) 2. Rights of Women (UK), survey on online sexual harassment during COVID-19 3. Deloitte, Women at Work: A Global Outlook (2023) 4. Sex Discrimination Act 1984 (Cth) and Anti-Discrimination and Human Rights Legislation Amendment (Respect at Work) Act 2022 (Cth) 5. Australian Human Rights Commission, Guidelines for Complying with the Positive Duty (2023) 6. Safe Work Australia, Model Code of Practice: Managing psychosocial hazards at work (2022) _This article is general information only, not legal advice. Laws change and individual circumstances differ. For advice on your specific circumstances, consult a qualified legal practitioner. See our [Terms of Use](/policies/terms) for the full disclaimer._ ## You might also like --- url: https://elker.com/articles/commonwealth-fraud-and-corruption-control-framework-2024 title: "Commonwealth Fraud & Corruption Control Framework" description: "New rules are effective 1 July 2024. Understand the framework guidelines to help your department manage fraud and corruption risks." locale: en-AU generated: 2026-07-01T14:05:39.761Z --- Mar 28, 2024 # Commonwealth Fraud and Corruption Control Framework 2024: Effective Detection Mechanisms [Compliance](/blog/compliance)[Reporting](/blog/reporting) The new Commonwealth Fraud and Corruption Control Framework 2024 is a development in the Australian government's efforts to combat fraudulent and corrupt practices within organisations. Set to take effect on 1 July 2024, the framework represents a significant step towards enhancing integrity and accountability across the public sector. ![Commonwealth Fraud and Corruption Control Framework: a guide for employers](https://media.elker.com/38d66203-95d6-41de-87cf-8adf97a5dc64/commonwealth_fraud_and_corruption_control_framework_1.png?width=992) ByElker Editorial TeamReviewed byJack MurrayUpdated22 April 2026 **TL;DR** - The Commonwealth Fraud and Corruption Control Framework 2024 took effect on 1 July 2024. It is a comprehensive set of regulations and guidelines designed to help Australian Government entities manage fraud and corruption risks, and it significantly broadens the previous fraud-only focus to explicitly cover corrupt conduct. - The framework has three components: the Fraud and Corruption Rule (a legislative instrument setting minimum standards for all PGPA Act entities), the Fraud and Corruption Policy (binding for all Non-Corporate Commonwealth Entities), and the Fraud and Corruption Guidance (additional guidance supporting the Rule and Policy). - The Policy covers eight elements that entities must address: risk assessments, control plans, reviewing control effectiveness, governance and oversight, prevention, detection, investigation, and recording and reporting of fraud and corruption. - Detection mechanisms are central. Entities must implement confidential reporting channels for staff, contractors, and the public to raise concerns, promote awareness of those channels internally and externally, and run proactive detection activities like transaction monitoring, data analytics, and fraud loss measurement. - The framework aligns Commonwealth practice with the National Anti-Corruption Commission and requires entities to report serious or complex fraud to the Australian Federal Police and suspected staff corruption to the NACC, while also meeting annual reporting obligations to the Australian Institute of Criminology. ## The new Commonwealth Fraud and Corruption Control Framework The [Commonwealth Fraud and Corruption Control Framework 2024](https://www.counterfraud.gov.au/sites/default/files/2024-03/commonwealth-fraud-corruption-control-framework-2024.PDF) is a comprehensive set of regulations and guidelines designed to help Australian Government entities effectively manage fraud and corruption risks. It consists of three main components: - **Fraud and corruption rule:** A legislative instrument that sets out the minimum standards for managing the risk of fraud and corruption for all PGPA Act entities from 1 July 2024. - **Fraud and corruption policy:** This policy is binding for all Non-Corporate Commonwealth Entities (NCEs) from 1 July 2024, outlining procedural requirements entities must implement to establish and maintain effective fraud control measures. - **Fraud and corruption guidance:** Provides additional guidance on the Australian Government's expectations for fraud and corruption control arrangements, supporting the Fraud Rule and Fraud Policy. The 2024 Framework has been updated to include a specific focus on corruption, expanding its application beyond fraud to detect and deal with corrupt conduct. It requires entities to have governance structures, responsible officials for managing risks, and periodic reviews of fraud and corruption controls. The amendments aim to align the Framework with Australian Government policies, and industry standards, and strengthen counter-fraud and corruption efforts. The framework will come into effect on **1 July 2024.** ### Who is affected by the new framework? All entities under the Public Governance, Performance and Accountability (PGPA) Act, including all PGPA Act entities, must adhere to the Commonwealth Fraud and Corruption Control Framework 2024. Additionally, the Fraud and Corruption Policy within the framework is binding for all Non-Corporate Commonwealth Entities (NCEs) from July 1, 2024, further expanding the scope of entities mandated to comply with the framework. ### Why is a fraud and corruption control framework necessary? A fraud and corruption control framework is essential to safeguard public resources, maintain transparency, and uphold the integrity of government operations. By implementing stringent regulations and guidelines, the framework aims to prevent the diversion of resources, ensure fair governance, and protect the public interest from fraudulent and corrupt activities ### Amendments and updates - **Inclusion of corruption:** The most significant change in the new framework is the broadening of its application to include corruption, aligning it with the National Anti-Corruption Commission. - **Enhanced oversight and governance:** The amendments introduce new clauses requiring entities to establish governance structures, appoint officials responsible for managing fraud and corruption risks, and regularly review the effectiveness of their control measures. - **Support and resources:** To assist entities in meeting their obligations under the amended framework, the Commonwealth Fraud Prevention Centre will release additional resources, including guidance, information sheets, webinars, and training sessions in early 2024. ## Effective detection mechanisms to counter fraud and corruption The Commonwealth Fraud and Corruption Control Framework emphasises the importance of detection mechanisms to identify fraud and corruption within Australian Government entities. Effective reporting mechanisms play a crucial role by enabling timely detection and appropriate responses to fraudulent activities. The framework outlines several key reporting mechanisms that are considered effective: 1. **Mechanisms for detecting incidents:** These mechanisms involve establishing processes and systems that can identify potential instances of fraud or corruption. This includes regular monitoring, data analysis, audits, and internal controls to flag any suspicious activities. 2. **Investigation procedures:** Reporting mechanisms should include clear procedures for investigating suspected incidents of fraud or corruption. This involves conducting thorough inquiries, gathering evidence, and following established protocols to ensure a comprehensive investigation. 3. **Recording and reporting incidents:** Entities are required to have systems in place to record and report incidents of fraud or corruption. This includes maintaining accurate records of investigations, outcomes, and any actions taken in response to detected incidents. 4. **External reporting obligations:** Effective reporting mechanisms extend to external reporting requirements. Entities must have processes in place to report incidents to relevant external entities such as law enforcement agencies, the National Anti-Corruption Commission, or the Commonwealth Director of Public Prosecutions as necessary. By implementing robust detection and reporting mechanisms as outlined in the Commonwealth Fraud and Corruption Control Framework, Australian Government entities can enhance their ability to detect, investigate, and respond to instances of fraud and corruption effectively. ## Fraud and Corruption Rule The Fraud and Corruption Rule is a legislative instrument that sets out the minimum standards for accountable authorities of Commonwealth entities to manage the risk of fraud and corruption. It is binding for all entities subject to the Public Governance, Performance and Accountability Act 2013 (PGPA Act). The Rule requires accountable authorities to take all reasonable measures to prevent, detect, and respond to fraud and corruption relating to their entity. This includes conducting regular risk assessments, developing and implementing control plans, reviewing the effectiveness of controls, ensuring appropriate governance structures and processes are in place, and having mechanisms for preventing, detecting, investigating, and reporting fraud and corruption incidents. ## Fraud and Corruption Policy The Fraud and Corruption Policy is an Australian Government policy that supports accountable authorities in effectively discharging their responsibilities under the Fraud and Corruption Rule. It is binding for all Non-Corporate Commonwealth Entities (NCEs) and is considered better practice for Corporate Commonwealth Entities (CCEs) and Commonwealth companies. The Policy outlines the specific actions that the Australian Government considers necessary for accountable authorities to establish and maintain an appropriate system of fraud and corruption control. It covers eight key elements: 1. Conducting fraud and corruption risk assessments 2. Developing and implementing fraud and corruption control plans 3. Reviewing the effectiveness of controls 4. Establishing governance and oversight arrangements 5. Implementing prevention strategies 6. Establishing detection mechanisms 7. Investigating and responding to incidents 8. Recording and reporting fraud and corruption The Policy provides detailed requirements for each element, which can be applied in a way that is proportionate to the level of fraud and corruption risk involved in an entity's activities and operating context. The Policy aims to protect public resources, maintain the integrity and reputation of entities and the Commonwealth, and ensure accountability in the implementation of fraud and corruption control arrangements. ![Commonwealth Fraud and Corruption Control Framework infographic](https://media.elker.com/93553aa6-1f17-44a9-b216-eb6b3f9c986b/commonwealth_fraud_and_corruption_control_framework_2.png?width=992) ## Fraud and Corruption Guidance The following sections break down the key elements of the framework's guidance, offering easy-to-understand explanations and recommendations. Entities can use this guidance as a reference tool to ensure compliance with the framework and strengthen their overall fraud and corruption control measures. ### 1\. Risk assessments Regular risk assessments enable organisations to develop an informed understanding of their exposure to fraud and corruption threats, implement tailored control plans, and ensure proper management of public resources as required by the PGPA Act. Actionable steps: - Conduct enterprise-level fraud and corruption risk assessments at least every 2 years or when substantial changes occur to get a holistic view across the entire entity - Identify high-risk activities, functions, and programs and determine if targeted, in-depth risk assessments are needed - Perform initial impact assessments during the design of new policies, programs, and initiatives to assess inherent risks and build in preventive controls - Consider shared risks that may impact other entities and emerging risks by consulting stakeholders and enabling information-sharing - Integrate fraud and corruption risk management with broader enterprise risk management processes - Regularly monitor the fraud and corruption threat environment through various methods beyond scheduled assessments ### 2\. Control plans Control plans document existing and planned preventative, detective, and corrective controls, designated owners responsible for implementation and monitoring, and help ensure risks are mitigated proportionately. Actionable steps: - Develop a control plan after conducting enterprise or targeted fraud and corruption risk assessments - Update control plans promptly when risk assessments are reviewed or new risks emerge - Tailor control plans to the organisation's specific circumstances, risks and complexity - Include existing controls that mitigate risks, new treatments to implement with timeframes, and assigned control owners - Consider integrating control plans into broader business, risk or management plans - Implement access controls and protective markings for control plans as they contain sensitive information - Periodically review and monitor control plan relevance and effectiveness following risk assessment reviews ### 3\. Effectiveness of controls Regular control reviews allow organisations to proactively identify control gaps or weaknesses, challenge assumptions about control design and operating effectiveness, and provide assurance that prevention, detection and response efforts are adequate. Actionable steps: - Determine which critical controls to review based on the nature, velocity and severity of related risks - Focus review efforts on controls for the highest-risk activities, functions and programs - Tailor the depth and comprehensiveness of control reviews to the organisation's circumstances and risk exposure - Understand fraud/corruption enablers and each control's design/purpose to develop appropriate review metrics - Update risk assessments after control reviews to reflect updated residual risk levels - Update control plans with any new/changed risk treatments required based on review findings ### 4\. Governance and oversight Effective fraud and corruption management requires an appropriate governance structure that is proportionate to the organisation's operating environment and integrated with its overall risk management framework. Strong governance helps ensure risks are overseen and managed effectively. Actionable steps: - Formalise governance arrangements proportionate to the organisation's risk profile and integrate them with the broader risk management framework - Clearly define and document the roles and responsibilities of officials and bodies involved in prevention, detection, response and reporting - Maintain appropriate fraud/corruption control capabilities focused on prevention, based on assessed risks and risk tolerance - Ensure officials primarily engaged in fraud/corruption control have relevant qualifications/training and provide ongoing professional development - Document the overall commitment, risk appetites, key roles, and arrangements for managing fraud/corruption risks (e.g. in a plan/handbook) - Make governance information accessible to raise awareness among all staff, contractors and third parties ### 5\. Prevention measures Preventing fraud and corruption is the most efficient and cost-effective way to minimise risks and harmful consequences to entities. A strong prevention approach promotes a culture of integrity through training and awareness, designing robust controls into policies/programs from the outset, and exercising due diligence over third-party contractors/providers. Investing in prevention helps maintain public trust, avoid financial/reputational damage, and ensure program outcomes are achieved. Actionable steps: - Provide comprehensive fraud/corruption awareness and integrity training for all staff on an ongoing basis - Embed fraud/corruption risk assessments into policy/program design and transformation initiatives - Ensure staff involved in planning activities can identify/mitigate fraud and corruption risks - Conduct thorough due diligence on third-party contractors/providers before engaging them - Make prevention responsibilities clear to contractors and consider extending training to them - Implement reporting mechanisms for staff, contractors and the public to raise concerns confidentially - Promote an open organisational culture that encourages active fraud/corruption risk management ### 6\. Detecting fraud and corruption Effective fraud and corruption detection mechanisms are vital. Early detection enables intervention to minimise impacts. While reports from staff and the public are important, entities must also establish proactive detection activities focused on high-risk areas. These include monitoring, reviews, audits, data analytics and fraud/corruption loss measurement. Confidential reporting channels that protect disclosers must be established and actively promoted. Actionable steps: - Implement mechanisms for staff, contractors and the public to confidentially report suspected fraud/corruption. - Promote and raise awareness of the reporting channels across the entity and externally - Establish procedures to handle public interest disclosures in line with legislative requirements - Conduct proactive detection activities like transaction monitoring, data analytics and fraud reviews - Focus detection efforts and resources on the highest risk activities identified through risk assessments - Consider data matching across internal/external data sources to identify potential issues - Measure fraud and corruption losses to gauge the scale and nature of the problem ### 7\. Investigation Establishing appropriate mechanisms to investigate and respond to suspected fraud and corruption incidents is critical. Responses can range from administrative actions to criminal prosecutions and should be outlined in an incident response plan. Effective investigations followed by proportionate responses help minimise financial and reputational damage while demonstrating that fraud/corruption is treated seriously. Meeting reporting obligations to law enforcement and oversight bodies is also important. Actionable steps: - Develop an incident response plan covering decision criteria, communication protocols, agency referrals etc. - Have mechanisms to investigate matters not accepted by AFP or NACC, potentially outsourcing investigations - Report serious/complex fraud to AFP and suspected corruption by staff to NACC as required - Ensure investigators meet minimum qualification standards set by the Australian Government Investigation Standard - Take reasonable measures to recover financial losses through civil, administrative or criminal avenues - Analyse incidents to identify control vulnerabilities and implement treatments in control plans - Share relevant information on incidents with other affected entities while complying with disclosure regulations ### 8\. Recording and reporting fraud and corruption Effective recording and reporting mechanisms are critical for entities to capture data on fraud and corruption allegations, investigations, outcomes and estimated losses. This data provides insights into the threat environment and enables oversight of prevention, detection and response efforts. Comprehensive reporting increases transparency and assures the accountable authority that fraud/corruption is being appropriately managed in line with legislative requirements, including annual reporting to the Australian Institute of Criminology (AIC). Actionable steps: - Implement systems to accurately record all fraud/corruption allegations, investigations, responses and outcomes - Prepare regular internal reports analysing fraud/corruption data for governance committees and executives - Share information and intelligence on fraud/corruption risks and incidents with other entities where appropriate - Report required annual fraud/corruption data and statistics to the AIC by the due date - Notify the responsible Minister of significant fraud/corruption issues, risks, incidents and initiatives - Consider reporting significant non-compliance matters to the Minister for Finance as required - Leverage fraud/corruption data to identify trends, update risk assessments and optimise controls ![Fraud and Corruption Control Framework for Australian government entities](https://media.elker.com/f9f9c4f1-f667-4b72-8268-eab587a2dadd/commonwealth_fraud_and_corruption_control_framework_3.png?width=992) ## How Elker helps in the detection and prevention of fraud and corruption Elker is an anonymous reporting and case management tool designed to help Australian Commonwealth entities detect fraud and corruption effectively. Elker can assist Commonwealth entities in meeting their obligations by providing a secure and confidential channel for employees, contractors, and the public to report suspected instances of fraud and corruption. Elker empowers individuals to report suspicious activities anonymously, without fear of retaliation, leading to the timely detection of fraud and corruption. Elker's advanced case management system streamlines the investigation process, a critical component of the framework's requirements. When a report is submitted through Elker, the system allows the whistleblower to select the appropriate stakeholders to notify and provides avenues for secure two-way communication. This feature ensures that the details provided are comprehensive and actionable, even when the source remains anonymous. By facilitating efficient communication and collaboration during investigations, Elker supports Commonwealth entities in their efforts to thoroughly investigate and respond to incidents of fraud or corruption under the framework's guidelines. If you would like to find out more, [book a tour](/book-demo) of the platform. ### Key takeaways - Enterprise-level fraud and corruption risk assessments are expected at least every two years or whenever substantial changes occur in the entity, with targeted assessments for high-risk activities, functions, or programmes on top of the enterprise view. - Prevention is the most cost-effective control. The framework emphasises ongoing integrity training for all staff, embedding risk assessments into policy and programme design, and extending due diligence and training to third-party contractors and providers. - Detection has to be proactive rather than reactive. Alongside confidential reporting channels, entities are expected to run transaction monitoring, data analytics, data matching across internal and external sources, and fraud and corruption loss measurement. - Investigators must meet the minimum qualification standards set by the Australian Government Investigation Standard (AGIS), and entities should have documented incident response plans covering decision criteria, communication protocols, and referral arrangements with the AFP and NACC. - Reporting obligations go beyond the internal loop: annual fraud and corruption data must be reported to the Australian Institute of Criminology, and significant issues must be notified to the responsible Minister and, where required, to the Minister for Finance. ## Frequently asked questions It is a comprehensive set of regulations and guidelines that sets minimum standards for how Australian Government entities manage fraud and corruption risks. It took effect on 1 July 2024 and has three components: the Fraud and Corruption Rule (a legislative instrument), the Fraud and Corruption Policy, and supporting Guidance. The most significant change from the previous framework is the explicit inclusion of corruption alongside fraud. The Fraud and Corruption Rule applies to all entities under the Public Governance, Performance and Accountability Act 2013 (PGPA Act). The Fraud and Corruption Policy is binding for all Non-Corporate Commonwealth Entities and is considered better practice for Corporate Commonwealth Entities and Commonwealth companies. Accountable authorities are responsible for compliance. The Policy covers eight elements: conducting fraud and corruption risk assessments, developing and implementing control plans, reviewing the effectiveness of controls, establishing governance and oversight arrangements, implementing prevention strategies, establishing detection mechanisms including confidential reporting channels, investigating and responding to incidents, and recording and reporting fraud and corruption data. Each element is applied proportionately to the entity's risk profile. It requires mechanisms for staff, contractors, and the public to confidentially report suspected fraud or corruption, active promotion of those channels, procedures to handle public interest disclosures, and proactive activities like transaction monitoring, data analytics, and loss measurement. A credible [anonymous reporting](/articles/anonymous-reporting-advantages-disadvantages) option is the practical way most agencies meet the reporting channel requirement. Entities need a documented incident response plan covering decision criteria, communication protocols, and agency referrals. Serious or complex fraud should be referred to the Australian Federal Police, and suspected corruption by staff should be referred to the National Anti-Corruption Commission. Investigators must meet the minimum qualification standards set by the Australian Government Investigation Standard. Agencies also operate the [Public Interest Disclosure Act 2013](/articles/public-interest-disclosure-act-2013) regime alongside the framework. ### Sources 1. Commonwealth Fraud and Corruption Control Framework 2024, Commonwealth Fraud Prevention Centre (counterfraud.gov.au) 2. Public Governance, Performance and Accountability Act 2013 (Cth) 3. National Anti-Corruption Commission Act 2022 (Cth) 4. Public Interest Disclosure Act 2013 (Cth) 5. Australian Government Investigation Standard (AGIS) 6. Australian Institute of Criminology, annual fraud reporting data _This article is general information only, not legal advice. Laws change and individual circumstances differ. For advice on your specific circumstances, consult a qualified legal practitioner. See our [Terms of Use](/policies/terms) for the full disclaimer._ ## You might also like --- url: https://elker.com/articles/corporations-act-whistleblower-protections title: "Corporations Act: Whistleblower Protections in Australia" description: "Discover how the Corporations Act 2001 safeguards whistleblowers in Australia and what companies must do to comply with the law." locale: en-AU generated: 2026-07-01T14:05:39.820Z --- May 25, 2024 # Corporations Act: Whistleblower Protections in Australia [Reporting](/blog/reporting)[Compliance](/blog/compliance) Discover how the Corporations Act 2001 safeguards whistleblowers in Australia and what companies must do to comply with the law. ![Corporations Act whistleblower protections: A guide for employers](https://media.elker.com/88dce487-152b-4445-888c-be04ae09668b/corporations_act_whistleblower_protections_1.png?width=992) ByElker Editorial TeamReviewed byJack MurrayUpdated22 April 2026 **TL;DR** - The Corporations Act 2001 (Cth) is the primary whistleblower protection regime for the Australian private sector. Public companies, large proprietary companies, and corporate trustees of registrable superannuation entities are required to maintain a compliant whistleblower policy. - A proprietary company is "large" for a financial year if it meets at least two of: consolidated revenue of $50 million or more, consolidated gross assets of $25 million or more, or 100 or more employees at financial year end. - Eligible whistleblowers are current or former employees, officers, contractors, suppliers, or associates, plus their relatives and dependants. Eligible recipients include senior managers, designated whistleblower officers, auditors, actuaries, legal practitioners (for the purposes of obtaining legal advice), and regulators such as ASIC and APRA. - Protected disclosures cover misconduct or an improper state of affairs in relation to a company or related body corporate, offences under corporations or tax law, and conduct that represents a danger to the public or financial system. Personal work-related grievances are excluded. - The Treasury Laws Amendment (Enhancing Whistleblower Protections) Act 2019 broadened the definitions, expanded reportable conduct, explicitly permitted anonymous disclosures, tightened confidentiality obligations, and introduced civil penalties of up to $1.05 million for individuals and $10.5 million for companies for detrimental conduct against a whistleblower. ## **Understanding the Corporations Act 2001** The Corporations Act 2001 is the primary legislation governing companies in Australia. It is the legal framework for the formation, operation, and management of companies, as well as the rights and responsibilities of company officers, employees, and shareholders. The Act also includes provisions for whistleblower protections, which are designed to encourage individuals to report suspected misconduct or illegal activities within their organisation. These protections are vital in promoting corporate transparency, accountability, and ethical behaviour. ## Corporations Act compliance Under the Corporations Act 2001, it is mandatory for public companies, large proprietary companies, and registrable superannuation entities to have a whistleblower policy in place. A proprietary company is considered “large” for a financial year if it satisfies at least two of the following criteria: 1. The revenue for the financial year of the company and any entities it controls is $50 million or more. 2. The value of gross assets at the end of the financial year of the company and any entities it controls is $25 million or more. 3. The company and any entities it controls have 100 or more employees at the end of the financial year. ## Criteria for whistleblowing under the Corporations Act To qualify for protection under the Corporations Act, a whistleblower must meet certain criteria: **Eligible whistleblower:** The individual must be a current or former employee, officer, contractor, supplier, or associate of the company, or a relative or dependent of any of these individuals. **Eligible recipient:** The disclosure must be made to an eligible recipient, such as: - A senior manager or designated whistleblower officer within the company - An auditor or member of an audit team conducting an audit of the company - An actuary of the company - A legal practitioner for the purpose of obtaining legal advice or representation - A regulatory body, such as ASIC, APRA, or a prescribed Commonwealth authority **Reasonable grounds:** The whistleblower must have reasonable grounds to suspect that the information they are disclosing concerns misconduct, or an improper state of affairs or circumstances, in relation to the company or a related body corporate. **Disclosable matters:** The disclosure must relate to one or more of the following: - Misconduct, or an improper state of affairs or circumstances, in relation to the company or a related body corporate - Conduct that constitutes an offence against, or a contravention of, a provision of specified legislation (including the Corporations Act) - Conduct that represents a danger to the public or the financial system - Conduct prescribed by regulations - Conduct that is not a personal, work-related grievance **Good faith:** While not a strict requirement, it is generally expected that the whistleblower is acting in good faith and has a genuine belief in the truth of the information being disclosed. These criteria are designed to strike a balance between encouraging legitimate whistleblowing and preventing vexatious or frivolous disclosures. ## Public interest and emergency disclosures In certain circumstances, the Corporations Act allows for public interest and emergency disclosures to be made to journalists or members of Parliament. These disclosures are subject to additional requirements and should only be made as a last resort when other reporting channels have been exhausted or are not appropriate. For a public interest disclosure, the whistleblower must: 1. Have previously made a disclosure to a regulator (such as ASIC or APRA) 2. Wait at least 90 days since the initial disclosure 3. Have reasonable grounds to believe that no action is being taken to address the matter 4. Notify the regulator of their intention to make a public interest disclosure For an emergency disclosure, the whistleblower must: 1. Have previously made a disclosure to a regulator 2. Have reasonable grounds to believe that the information concerns a substantial and imminent danger to the health or safety of one or more persons or to the natural environment 3. Notify the regulator of their intention to make an emergency disclosure In both cases, the whistleblower must only disclose information necessary to inform the recipient of the misconduct or the substantial and imminent danger. ## Protections for whistleblowers The Corporations Act provides whistleblower protections for eligible whistleblowers who make qualifying disclosures about their organisation. These protections are designed to [encourage whistleblowers to come forward](/articles/advantages-of-whistleblowing-in-the-workplace) by shielding them from adverse consequences and providing them with legal remedies in the event of detrimental conduct. ### **Detrimental conduct** Under the Corporations Act, it is an offence to cause or threaten detriment to a whistleblower due to their disclosure. Detrimental conduct can take many forms, including: - Dismissal or alteration of an employee's position to their disadvantage - Harassment, intimidation, or discrimination - Harm or injury, including psychological harm - Damage to property, reputation, business, or financial position - Any other damage to the whistleblower The Corporations Act also provides whistleblowers with immunity from civil, criminal, or administrative liability for making a protected disclosure. This means that whistleblowers cannot be subject to legal action for breach of confidentiality or other contractual obligations as a result of making a qualifying disclosure. To ensure compliance with the whistleblower protection provisions, companies should have robust policies and procedures in place to manage whistleblower disclosures, investigate reports of misconduct, and protect whistleblowers from detrimental conduct. This includes providing training to employees on their rights and obligations under the whistleblower protection regime and fostering a culture that encourages and supports whistleblowing. ### **Penalties** Engaging in detrimental conduct can result in significant civil penalties of up to $1.05 million for individuals and $10.5 million for companies. In addition, whistleblowers who suffer loss, damage, or injury due to detrimental conduct may seek compensation through the courts. ### Expanded protections under the Treasury Laws Amendments In 2019, the Treasury Laws Amendment (Enhancing Whistleblower Protections) Act introduced new whistleblower provisions. The reforms were designed to provide greater protections for whistleblowers who report misconduct and help uncover and prevent corporate wrongdoing. The key changes include: - **Expand eligibility for whistleblower protections**: The amendments broaden the scope of individuals who qualify for whistleblower protections, including current and former employees, officers, contractors, suppliers, and their family members. - **Broadening the definition of an "eligible whistleblower":** The amendments expand the definition of an "eligible whistleblower" to include current and former employees, officers, contractors, and their family members. - **Expanding the range of reportable conduct:** The amendments expand the range of conduct that can be the subject of a protected disclosure, including misconduct, improper state of affairs, and breaches of tax laws. - **Allow anonymous disclosures**: Whistleblowers can now make anonymous disclosures and remain protected under the law. This provision aims to encourage more individuals to come forward without fear of retaliation. - **Strengthen confidentiality protections**: The amendments introduce stricter confidentiality obligations for recipients of whistleblower disclosures, ensuring the identity of the whistleblower remains protected. - **Introduce civil penalties and remedies**: In addition to existing criminal offences, the amendments introduce civil penalty provisions for causing or threatening detriment to a whistleblower or breaching a whistleblower's confidentiality. - **Require whistleblower policies**: Public companies, large proprietary companies, and corporate trustees of registrable superannuation entities are now required to have a whistleblower policy in place. ## Implications for Australian organisations To comply with the law and promote a speak-up culture, organisations must adopt a comprehensive approach that involves all levels of management and various departments. ### Developing a robust whistleblower policy A key requirement under the amendments is for public companies, large proprietary companies, and corporate trustees of registrable superannuation entities to have a whistleblower policy. This policy must include information about: - The protections available to whistleblowers - How and to whom disclosures can be made - How the organisation will support and protect whistleblowers - How investigations into disclosures will be conducted - How the organisation will ensure fair treatment of employees mentioned in disclosures Developing a comprehensive whistleblower policy requires input from various stakeholders, including legal, compliance, and risk management departments. ### Establishing secure reporting channels Organisations must provide secure and confidential channels for whistleblowers to make disclosures. This may include internal reporting mechanisms, such as a dedicated [ethics hotline](/articles/ethics-hotline) or online platform, as well as external channels, such as legal practitioners or regulatory bodies. Ensuring the confidentiality and anonymity of these reporting channels is crucial to encourage whistleblowers to come forward and protect them from retaliation. Organisations should consider implementing a secure, third-party whistleblowing platform to provide an additional layer of protection and anonymity for whistleblowers. ### Training and awareness To foster a speak-up culture, organisations must invest in training and awareness programs for all employees. This includes educating staff about their rights and protections as whistleblowers, how to make disclosures and the organisation's commitment to protecting whistleblowers from retaliation. Managers and senior leaders should also receive training on how to handle whistleblower disclosures, maintain confidentiality, and prevent victimisation of whistleblowers within their teams. Regular training sessions and awareness campaigns can help embed a culture of speaking up and reinforce the organisation's commitment to whistleblower protection. ### Prompt and fair investigations Organisations must have processes in place to investigate whistleblower disclosures promptly and fairly. This may involve establishing an internal investigations team or engaging external investigators to ensure independence and impartiality. Investigations should be conducted thoroughly, with findings and recommendations reported to appropriate levels of management and the board. It is essential to maintain the confidentiality of the whistleblower throughout the investigation process and to protect them from any form of retaliation or adverse action. ### Ongoing monitoring and review Compliance with whistleblower protection laws requires ongoing monitoring and review. Organisations should regularly assess the effectiveness of their whistleblower policy, reporting channels, and investigation processes, and make improvements where necessary. Boards and senior management should also receive regular reports on whistleblower disclosures and the outcomes of investigations to ensure appropriate oversight and accountability. This can help identify trends, systemic issues, and areas for improvement in the organisation's whistleblower protection framework. ![Corporations Act whistleblower protections: How Elker helps you comply](https://media.elker.com/4299e85e-c4db-4a8f-8eb9-ea82af5925f6/corporations_act_whistleblower_protections_2.png?width=992) ## How Elker can help your organisation Elker is a comprehensive reporting platform that helps Australian organisations protect whistleblowers and achieve compliance with the Corporations Act. The platform provides a secure and anonymous reporting channel to encourage employees to speak up without fear of retaliation. By encouraging your people to report internally, Elker allows you to detect, manage and resolve workplace issues efficiently. Elker enhances compliance by: - **Protecting whistleblowers:** With the highest grade security and anonymous reporting, Elker safeguards the identities of whistleblowers. - **Providing policy templates:** Tailored to your organisation by our legal experts, Elker's policy templates ensure your policies meet Australian compliance standards. - **Simplifying case management:** Our platform optimises the handling of reports, from triage to resolution, making the process efficient and effective. Elker is the solution for organisations aiming to bolster their whistleblowing protocols and adhere to regulatory demands. Discover how Elker can transform your approach to whistleblowing management. [Book a demo today](/book-demo). ### Key takeaways - Public interest and emergency disclosures to journalists or parliamentarians are available, but only as a last resort with specific preconditions: a prior regulator disclosure, a 90-day wait (public interest only), reasonable grounds to believe the matter is not being addressed (public interest) or involves substantial and imminent danger (emergency), and notification of the regulator of the intention to proceed. - Immunity from civil, criminal, and administrative liability for making a protected disclosure is an absolute protection, not a defence. Contractual remedies like confidentiality clauses cannot override it. - The whistleblower policy is the first thing ASIC asks to see. A policy that exists only on paper, without secure channels, trained officers, and a documented investigation process, is not a defence. - Anonymous disclosures are expressly protected, but anonymity only works if the intake channel actively supports it. Generic email and spreadsheet intake do not preserve the audit trail the Act expects. - Ongoing monitoring is explicit. Boards and senior management should receive regular reports on disclosure volumes, outcomes, and trends to discharge their oversight obligations. ## Frequently asked questions Public companies, large proprietary companies, and corporate trustees of registrable superannuation entities. A proprietary company is "large" if it meets at least two of the following for the financial year: consolidated revenue of $50 million or more, consolidated gross assets of $25 million or more, or 100 or more employees at year end. The policy must set out the protections available, how to make a disclosure, how disclosures are investigated, how whistleblowers are supported, and how the organisation will ensure fair treatment of employees mentioned in disclosures. An eligible whistleblower is a current or former employee, officer, contractor, supplier, or associate of the company, or a relative or dependant of those people. Eligible recipients include senior managers, designated whistleblower officers, auditors or audit team members, company actuaries, legal practitioners (for obtaining legal advice), and regulators including ASIC, APRA, and prescribed Commonwealth authorities. Detrimental conduct is any adverse action against a whistleblower because of, or threatened because of, their disclosure. It includes dismissal, demotion, harassment, discrimination, psychological harm, and damage to property, reputation, or financial position. Civil penalties are up to $1.05 million for individuals and $10.5 million for companies, and whistleblowers can seek compensation, injunctions, and reinstatement through the courts. Supporting [victimised whistleblowers](/articles/what-is-unlawful-victimisation-in-the-workplace) is also relevant where the retaliation takes the form of workplace victimisation. Both are last-resort channels. A public interest disclosure requires a prior regulator disclosure, a 90-day wait, reasonable grounds to believe the matter is not being addressed, and advance notice to the regulator. An emergency disclosure requires a prior regulator disclosure, reasonable grounds to believe the information concerns substantial and imminent danger to health, safety, or the environment, and advance notice to the regulator. In both cases, only the information necessary to inform the recipient may be disclosed. Yes. The 2019 amendments expressly permit anonymous disclosures and preserve full protection for anonymous whistleblowers. Organisations should support this with purpose-built [whistleblowing software](/articles/whistleblowing-software) that enables anonymous two-way messaging, so investigators can follow up without compromising the reporter's identity. ### Sources 1. Corporations Act 2001 (Cth), Part 9.4AAA, whistleblower protection provisions 2. Treasury Laws Amendment (Enhancing Whistleblower Protections) Act 2019 (Cth) 3. ASIC Regulatory Guide 270: Whistleblower policies (November 2019) 4. ASIC Information Sheet 239, How ASIC handles whistleblower reports 5. Taxation Administration Act 1953 (Cth), whistleblower protection provisions 6. Australian Parliamentary Joint Committee on Corporations and Financial Services, reports on whistleblower protections _This article is general information only, not legal advice. Laws change and individual circumstances differ. For advice on your specific circumstances, consult a qualified legal practitioner. See our [Terms of Use](/policies/terms) for the full disclaimer._ ## You might also like --- url: https://elker.com/articles/criminalising-intentional-wage-underpayments title: "Criminalising Intentional Wage Underpayments: Fair Work Act" description: "Understand the new laws that criminalise wage underpayments. Learn essential strategies to keep your organisation compliant." locale: en-AU generated: 2026-07-01T14:05:39.874Z --- Jan 15, 2025 # Criminalising Intentional Wage Underpayments Under the Fair Work Act [Compliance](/blog/compliance) On 1 January 2025, new laws came into effect in Australia criminalising wage underpayments by employers and increasing civil penalties. The changes, implemented through amendments to the Fair Work Act, make wage theft a criminal offence punishable by hefty fines and the possibility of prison time. ![Wage theft laws Australia: Criminalising intentional wage underpayments hero](https://media.elker.com/6ffb6599-3106-4276-9a86-0f2b35db0fc7/wage_theft_article.png?width=992) ByElker Editorial TeamReviewed byJack MurrayUpdated22 April 2026 **TL;DR** - From 1 January 2025, intentional wage underpayment is a federal criminal offence in Australia under section 327A of the Fair Work Act 2009, inserted by the Fair Work Legislation Amendment (Closing Loopholes) Act 2023. The offence covers wages, leave entitlements, superannuation and amounts owed under a salary sacrifice arrangement. - The offence captures underpayments that occur after 1 January 2025 and ongoing underpayments that started before that date. The most common category the Fair Work Ombudsman sees is unpaid overtime. - The offence requires intent, and prosecution requires proof beyond reasonable doubt. Honest mistake and genuine error are outside the criminal offence, though civil penalties still apply for negligent or reckless underpayment, and back-pay obligations remain unchanged. - Maximum criminal penalties are substantial. For individuals, up to 10 years' imprisonment or fines up to A$1,565,000 (5,000 penalty units). For body corporates, fines up to A$7,825,000 (25,000 penalty units). Courts may impose penalties up to three times the underpayment amount where that figure is higher. Penalty unit values are indexed, so these dollar figures rise over time. - The Fair Work Ombudsman investigates and can refer matters to the Commonwealth Director of Public Prosecutions or the Australian Federal Police; only police or the DPP can actually bring criminal proceedings. The Voluntary Small Business Wage Compliance Code and cooperation agreements with the FWO are the main pathways employers can use to demonstrate good faith and avoid criminal prosecution. ## What is an underpayment and when is it wage theft? Wage theft is the deliberate underpayment of employee wages, superannuation, and other employment entitlements. An employer (whether a company or an individual) may commit a criminal offence where they: - were required to pay an employee an amount, such as wages, leave entitlements, superannuation, or under a salary sacrifice arrangement, under the Fair Work Act 2009 or an industrial instrument - intentionally failed to pay these amounts on or before the due date. The offence applies to: - underpayments that occur after the provisions come into effect - ongoing underpayments that started before 1 January 2025. The most common type of wage theft is unpaid overtime. ## New criminal offence for intentional underpayment ### What makes a payment intentional? Under the new legislation, intentional wage theft constitutes a criminal offence. Intent involves deliberate actions to underpay employees, with penalties applying only when intent can be proven. ### Standard of proof - Criminal prosecution requires intent and proof beyond a reasonable doubt. - Civil penalties apply for negligence or recklessness without intent. Importantly, “intentional” can also be imputed based on the conduct of an employer. This means an employer may be considered to have engaged in intentional wage theft even if they didn't mean to underpay employees. For example, conduct may be deemed intentional if the employer's actions (or failure to act) were deliberate and resulted in underpayment, regardless of their asserted intentions. ## Voluntary Small Business Wage Compliance Code To support businesses, the **Voluntary Small Business Wage Compliance Code** was introduced alongside a guide provided by the Fair Work Ombudsman. The Code is not a checklist; businesses do not need to meet all factors for compliance. However, it offers a framework to: - help identify and correct unintentional underpayments - protect businesses from criminal prosecution if they demonstrate compliance with the Code. While it was designed for small businesses it can be used by organisations of any size. Key points assessed under the Code include: - taking reasonable steps to work out correct pay rates and entitlements - staying up to date with changes in workplace laws - relying on accurate employee information for payroll - seeking advice from reliable sources when needed - fixing underpayments promptly and preventing recurrence - cooperating with inquiries or investigations. More details, including a checklist and practical tips, are available in the Fair Work Ombudsman’s guide. [Guide to Paying Employees Correctly and Voluntary Small Business Wage Compliance Code](https://www.fairwork.gov.au/sites/default/files/2024-12/fg-guide-to-paying-employees-correctly-and-vsbwcc.pdf) ![Wage theft laws Australia: How can I make sure I'm paying my employees correctly infographic](https://media.elker.com/3633f04c-7ac5-4b3c-a88e-b0073ac4b014/wage_theft_2.png?width=992) ## Penalties in the new wage theft laws The following criminal and civil penalties may apply: ### Criminal penalties - Individuals: Up to $1,565,000 in fines or 10 years imprisonment. - Companies: Up to $7,825,000 per offence. Courts may impose penalties up to three times the amount of the underpayment if higher than the maximum fine. ### Civil penalties - Increased for "serious contraventions" by companies with 15 or more employees. - The threshold for "serious contraventions" now includes knowing **or** reckless conduct. ## Fair Work Ombudsman powers The Fair Work Ombudsman has been granted expanded powers to: - investigate wage theft and enforce compliance - issue compliance notices requiring employers to calculate and back-pay underpayments - refer criminal matters to the **Commonwealth Director of Public Prosecutions (DPP)** or the **Australian Federal Police** for prosecution. Note: Only the police or DPP can bring criminal prosecutions. ## Self-reporting and cooperation To encourage accountability, employers who voluntarily disclose underpayments may: - enter [cooperation agreements with the Ombudsman](https://www.fairwork.gov.au/about-us/compliance-and-enforcement/cooperation-agreements) to avoid criminal prosecution for specified conduct - use the [Small Business Wage Compliance Code](https://www.fairwork.gov.au/about-us/compliance-and-enforcement/criminal-prosecution/voluntary-small-business-wage-compliance-code) to demonstrate good faith in resolving errors. ## Employer action required To comply with the new laws and avoid penalties, employers should: - review and update employee classifications and pay rates - regularly audit payroll systems for errors - correct any identified underpayments and back-pay affected employees promptly - self-report underpayments to the Ombudsman and seek a cooperation agreement - adopt the Voluntary Small Business Wage Compliance Code if applicable - maintain accurate employee records and payslips - stay updated on any future legislation changes. While honest mistakes can occur, employers must act swiftly to correct underpayments and seek professional advice if unsure. ## Summary The criminalisation of wage theft highlights the importance of fair pay practices. Businesses must take proactive steps to [ensure compliance](/blog/compliance) with workplace laws to avoid severe penalties. Employers who act responsibly by addressing underpayments, cooperating with investigations, and staying informed can significantly reduce legal risks. For further resources, visit the [FWO website](https://www.fairwork.gov.au/about-us/workplace-laws/legislation-changes/closing-loopholes/criminalising-wage-underpayments-and-other-issues). ### Elker's connection with the topic Staff who report pay anomalies internally provide the organisation with an important safety net. For this to happen, it's important to encourage staff to check their pay and provide an easy way for them to [speak up](/articles/speak-up-culture) (anonymously or with a name) to have any anomalies checked early. We partner closely with our clients to provide central pathways and anonymous reporting tools. We also develop analytics dashboards that show trends early and clearly. Through our work across diverse industries, we've seen firsthand the importance of thoughtful, strategic implementation when it comes to encouraging staff to report concerns. With Elker, you'll have a trusted partner to help you navigate the complexities, develop a tailored plan, and embed ethical practices within your organisation's DNA. Ready to build a better workplace? [Book a call today](/book-demo). ### Key takeaways - The offence is federal and sits alongside existing state wage theft laws (for example Victoria's Wage Theft Act 2020 and Queensland's provisions), which continue to operate in parallel. - "Intentional" can be imputed from conduct. An employer whose actions or inaction are deliberate and result in underpayment can be treated as having intended that result, even while claiming otherwise. - The Voluntary Small Business Wage Compliance Code is not a checklist. Small businesses do not need to meet every factor, and the Code can be used by organisations of any size to demonstrate good faith, prompt remediation and cooperation. - Civil penalty thresholds for "serious contraventions" now extend to knowing or reckless conduct for companies with 15 or more employees, so even below the criminal threshold, exposure has increased materially. - A functioning speak-up channel is a practical compliance asset because pay anomalies are most often spotted by workers and line managers before payroll or HR notices the pattern. ## Frequently asked questions Yes. Under the Fair Work Act 2009, the intentional underpayment of wages and entitlements has been a criminal offence since 1 January 2025. Employers who deliberately fail to pay workers the full amounts owed can face substantial fines and imprisonment. The criminal offence requires proof of intent, so unintentional errors or miscalculations do not attract criminal liability, but they can still attract civil penalties through the Fair Work Ombudsman. Regardless of intent, all underpayments remain unlawful and employers must back-pay any amounts owed. The federal offence commenced on 1 January 2025, through section 327A of the Fair Work Act 2009 (Cth), inserted by the Fair Work Legislation Amendment ([Closing Loopholes](/articles/closing-loopholes)) Act 2023. Several states already had their own wage theft offences, including Victoria (Wage Theft Act 2020) and Queensland, and those continue to operate alongside the federal regime. The federal offence captures underpayments that occur after 1 January 2025 and ongoing underpayments that started earlier. Criminal prosecution requires intent and proof beyond reasonable doubt, so a genuine honest mistake or miscalculation will not meet the threshold for the criminal offence. However, negligent or reckless underpayment can still attract civil penalties through the Fair Work Ombudsman, and back-pay obligations apply regardless of intent. Importantly, "intentional" can be imputed from conduct: an employer whose deliberate actions or inaction result in underpayment can be treated as having intended the result, even if they claim otherwise. For individuals, up to 10 years' imprisonment or fines up to A$1,565,000 (5,000 penalty units). For body corporates, fines up to A$7,825,000 (25,000 penalty units). Courts may impose penalties up to three times the amount of the underpayment where that figure is higher than the statutory maximum. Penalty unit values are indexed, so the dollar maximums rise periodically. Review and update employee classifications and pay rates, run regular payroll audits, remediate any underpayments identified and back-pay affected employees, maintain accurate records and payslips, and self-report significant underpayments to the Fair Work Ombudsman. Eligible small businesses can rely on the Voluntary Small Business Wage Compliance Code, and employers of any size can enter a cooperation agreement with the FWO to avoid criminal prosecution for specified conduct. Easy [speak-up pathways](/articles/speak-up-culture) for staff to flag anomalies in their own pay are an early-warning mechanism that helps catch issues before they escalate. Workers can report to the Fair Work Ombudsman by phone (13 13 94) or through an [anonymous report](/articles/anonymous-reporting-advantages-disadvantages) online. Workers should provide as much information as possible, including employer details, their own employment details, the alleged underpayment, and supporting evidence like payslips. Raising the issue directly with the employer first is often worth trying, since many errors are genuine and are promptly corrected. Union members can also seek assistance from their union. Only the police or the Commonwealth DPP can bring criminal proceedings; the FWO investigates and refers matters where the criminal threshold is met. The most common forms include underpayment of base hourly rates (paying below the minimum wage or the correct award rate), unpaid overtime (not paying penalty rates or expecting unpaid extra hours), unreasonable deductions (for breakages, till shortages, or customer theft), withholding entitlements like annual leave, sick leave, or superannuation, sham contracting (misclassifying employees as contractors), unpaid trial work or internships, and unauthorised deductions for things the employer should provide like uniforms or training. Underpayment of base hourly rates is generally the most common overall, though prevalence varies by industry and workforce demographics. ### Sources 1. Fair Work Act 2009 (Cth), s 327A (criminal wage underpayment offence) 2. Fair Work Legislation Amendment (Closing Loopholes) Act 2023 (Cth) 3. Fair Work Ombudsman, Guide to Paying Employees Correctly and Voluntary Small Business Wage Compliance Code (December 2024) 4. Fair Work Ombudsman, Criminalising wage underpayments and other issues (guidance page) 5. Wage Theft Act 2020 (Vic), continuing state offence 6. Commonwealth Director of Public Prosecutions, prosecution policy _This article is general information only, not legal advice. Laws change and individual circumstances differ. For advice on your specific circumstances, consult a qualified legal practitioner. See our [Terms of Use](/policies/terms) for the full disclaimer._ ## You might also like --- url: https://elker.com/articles/culture-audit-guide title: "Culture Audit - A Guide to Improve Workplace Culture" description: "Cultivate an inclusive work environment and minimise workplace sexual harassment. Learn how to conduct a culture audit using surveys and anonymous feedback." locale: en-AU generated: 2026-07-01T14:05:39.928Z --- Jul 24, 2023 # What Is a Culture audit? A Guide to Improve Your Workplace Culture [Cultural change](/blog/cultural-change)[Reporting](/blog/reporting) Learn how to conduct a culture audit. Cultivate a safe, inclusive workplace resilient to harassment and fraud, and improve your workplace culture. ![Guide: The essential guide to conducting a cultural audit in the workplace](https://media.elker.com/3d0c4135-c4ec-4974-b53e-4169dba729c3/cultural-audit-workplace.png?width=992) ByElker Editorial TeamReviewed byJack MurrayUpdated22 April 2026 **TL;DR** - A culture audit is a comprehensive evaluation of an organisation's values, work environment, policies, practices, and attitudes, designed to spotlight issues that company leaders are often blind to and inform reform. - The article cites PwC's Global Economic Crime and Fraud Survey 2022: two-thirds of organisations now detect their most disruptive fraud incidents through internal controls, a marked improvement driven by stronger governance, monitoring, and training. - In Australia, the Respect at Work reforms have made culture audits particularly urgent. From 12 December 2023, all Australian businesses, universities, and organisations have a positive duty to eliminate sexual harassment and sex-based discrimination. - The audit process runs in three stages: assessment (desktop review, anonymous culture survey, customer reviews, focus groups), analysis (patterns and trends across leadership, environment, and satisfaction), and recommendations (findings, training, anonymous reporting, open dialogue). - Culture audits should surface risks including fraud, toxic working environments, bullying, harassment and sexual violence, data leaks, discrimination, and pay disputes. The output is a continuous cycle, not a one-off project. ## **What is a culture audit?** A culture audit is a comprehensive evaluation of an organization's values, work environment, policies, practices, and attitudes. The evaluative process seeks to understand an organization's culture and provide insight into potential areas of concern that may require attention or reform. Company leaders are often blind to the causes of low productivity or high turnover of employees. While reasons are often multi-dimensional, an internal audit of workplace culture can spotlight issues facing employees, leading to improvements in employee engagement and employee satisfaction. ## Corporate culture is more important than ever In an era where transparency and accountability have become [important company signals](https://www.sciencedirect.com/science/article/pii/S0007681322001306), businesses, universities, and organizations are seeing the benefits of cultural audits. Recent reports, such as the [_PWC Global Economic Crime and Fraud Survey 2022_](https://www.pwc.com/gx/en/forensics/gecsm-2022/PwC-Global-Economic-Crime-and-Fraud-Survey-2022.pdf), reveal a positive shift: years of combating financial crime through policies, [training](/articles/bystander-effect-in-the-workplace), monitoring, and other internal controls have substantially curtailed internally driven [misconduct](/articles/dealing-with-workplace-misconduct). Indeed, these tangible results highlight the role of strong corporate governance in shaping a resilient organization. The survey indicates that two-thirds of organizations detected their most disruptive fraud incidents through internal controls, a marked improvement from just two years prior. These findings underscore the effectiveness of robust internal measures in identifying potential issues and maintaining integrity within an organization's operations. Mounting evidence shows that gaps in compliance and governance can cost companies billions in fraud, litigation, and reputational damage. Operational disruption, low employee morale, lost business opportunities, regulatory action, and wavering customer loyalty are just some of the cascading effects of neglecting a company's culture. In Australia, the [Respect at Work Bill](/articles/what-the-respect-at-work-bill-means-for-your-business) adds an additional urgency to [address poor workplace culture](/articles/person-centred-and-trauma-informed-approach). From 12 December 2023, it's a compliance requirement for all Australian businesses, universities and organisations to [eliminate sexual harassment and sex-based discrimination](/articles/7-standards-positive-duty-sex-discrimination-act). A corporate culture audit is a proactive risk management measure that businesses can implement in the process of compliance. ## **The importance of a culture audit** The purpose of a culture audit extends beyond simple evaluation. It's about identifying disparities between the organizational culture and the company vision you desire, and the workplace culture that actually exists. By revealing inconsistencies, a cultural audit assists organisations in crafting strategies to align their actual and ideal cultures. The audit also serves as a protective mechanism, identifying potential risks that could otherwise go unnoticed. Ultimately, a cultural audit enables organisations to fulfil their legal and ethical obligations while promoting a safe, equitable workplace. ## **How to conduct a culture audit effectively** Conducting a culture audit requires a systematic approach to gathering and analysing relevant data. This process may involve conducting a cultural survey, reviewing policies and procedures, and assessing the workplace's physical environment. The data collected is then analysed to identify trends, issues, and areas for improvement. ## **Specific risk areas assessed in a workplace culture audit** Culture audits can address a range of issues within an organization. These may include fraud, the presence of a [toxic working environment](/articles/signs-of-a-toxic-workplace), a [culture of bullying](/articles/understanding-and-preventing-workplace-bullying), cases of [harassment and sexual violence](/articles/5-risk-factors-for-sexual-harassment-in-the-workplace), potential data leaks and security issues, instances of gender and [ethnic discrimination](/articles/discrimination-in-the-workplace), and pay disputes. By examining these areas, a cultural audit can identify potential hazards and opportunities to improve company culture, enabling organisations to act proactively to address them. ## **The benefits of an audit on your company culture** 1. **Early warning**: A culture audit allows organizations to detect problems early on, enabling them to address issues before they intensify. Good culture auditing tools allow you to detect trends in employee sentiment. They allow insights into a specific department or office location and even highlight issues with various management levels. 2. **Increased trust**: By being proactive and transparent in your company's corporate culture, you are signalling to customers, clients, investors and employees your willingness to create a safer workplace environment where misconduct is not tolerated. 3. **Regulatory compliance**: A company culture audit can help ensure an effective compliance program is in place to meet regulatory standards. 4. **Risk minimisation**: Through standard reporting and robust analytics, culture audits help identify potential risk areas, reducing financial and reputational losses. 5. **Legal protection**: Culture audits can also help prevent legal action against a company by identifying and addressing potential liabilities. ## **Stages of a culture audit** Typically, culture audits consist of three stages: assessment, analysis, and recommendation. With every organisation having a unique setup, size, and risk profile, there are no one-size-fits-all best practices. Companies should ultimately adopt strategies that work efficiently within their specific context. ### **Stage 1: Assessment** #### **Desktop review** Start by reviewing your organization's documents and policies. Everything from written procedures and staff emails to vision statements and social media profiles can provide valuable insights into your company culture. #### **Culture survey** Conduct an anonymous survey for all staff members. Ask questions that encourage employees to express their experiences and perceptions of the workplace environment. Sample questions in the context of workplace harassment and financial crime may include: - Do you feel that the company takes measures to prevent fraudulent activities? - Have you ever felt uncomfortable due to inappropriate behaviour or comments at work? - Do you know the workplace procedures for reporting harassment or suspected fraud? If not, how can we improve these processes? Visit our article on the [top employee engagement survey questions](/articles/employee-engagement-survey-questions) you should be asking your employees. #### **Customer reviews** Pay attention to the importance of your customers' perspectives. Their views can offer extensive insights into your company's culture and approach to fraud and harassment. Customer complaints and feedback can also provide an invaluable understanding of your business. Depending on your goal, it could even be helpful to collate Glassdoor ratings, Google Maps reviews or software reviews as part of the assessment stage. Talking to your customer service representatives can give you good insights into the public perception of your company. #### **Focus groups** Round off your assessment with focus groups. These sessions with employees or external stakeholders provide an in-depth understanding of your company culture, employee interaction, and perceptions of the company's stance on fraud and harassment. ### **Stage 2: Analysis** With your data in hand, it's time to analyse it for patterns and trends in your company culture. Organize the results according to elements such as leadership, environment, and employee satisfaction. Your aim should be to gauge whether your company's culture is supportive of its long-term objectives and offers a safe and [respectful workplace](/articles/respect-in-the-workplace). ### **Stage 3: Recommendations** #### Findings The final stage involves presenting your findings to the executive team and offering solutions that align the organization more closely with its values, legal obligations and company vision. It's essential to address any issues related to financial crime and harassment identified during the analysis phase. After the audit, communicate the results and planned improvements to senior management and your staff members to foster a culture of transparency and continuous improvement. #### Training At this juncture, the developed strategies should encompass a holistic approach for prevention and response within your company, such as staff training and education programs to heighten awareness, understanding, and responsiveness towards fraud, harassment, and [discrimination](/articles/protected-attributes). These programs can equip employees with the necessary skills to identify red flags, know their rights and responsibilities, and respond appropriately in situations of potential [misconduct](/articles/serious-misconduct). #### Anonymous reporting tools In addition, your approach could involve implementing [anonymous reporting](/articles/anonymous-reporting-advantages-disadvantages) tools to foster a [speak-up culture](/articles/speak-up-culture). Workplace issues typically go undetected when employees believe speaking up will negatively impact their careers or if they feel like their concerns will not be taken seriously. Anonymous reporting tools, like Elker, aid organisations in the early detection of misconduct and offer a secure platform for case investigation.  #### Open dialogue and a commitment to transparency To cultivate an ethical culture, fostering open dialogue and a steadfast commitment to transparency is vital. This involves enhancing workplace policies, periodically reviewing and updating codes of conduct, and ensuring senior management commits to the process of cultural change. Encouraging open conversations about workplace expectations and the repercussions of misconduct can further solidify a culture of safety and support. Remember, this isn't a one-time initiative. It should be an ongoing, cyclical process, indispensable for continuously assessing the vitality of your corporate ethos. The overarching objective is to nurture an environment where employees feel secure, valued, and listened to, thereby upholding your organization's integrity amidst escalating demands for transparency and accountability. ## **The best tools for a culture audit** To cultivate an inclusive and safe workplace culture, it's crucial to use tools, like [whistleblowing software](/articles/whistleblowing-software), that encourage open dialogue and ensure legislative compliance. Elker is an invaluable asset for any organization undertaking a culture audit. Elker is an anonymous reporting platform with [advanced features](/features) for [whistleblowing](/articles/what-is-whistleblowing), incident reporting, pulse surveys and employee feedback. Elker [assists with your organisation's compliance](/use-cases/businesses) with the positive duty in the Sex Discrimination Act, Workplace Health and Safety regulations, Whistleblowing & [Public Interest Disclosure Act 2013](/articles/public-interest-disclosure-act-2013) and Respect at Work reforms. In fact, we're the only tool that gets you compliant with these four laws and reforms. To help you with cultural audits, Elker's anonymous survey tools allow for the early detection of workplace issues and measure the success of new changes and initiatives. With real-time analytics, your organisation can identify trends and mitigate risks in your workplace. Universities, businesses, and organisations have already begun to make positive inroads to increase safety and trust in the workplace. Join leading institutions like the University of Melbourne, Victorian Legal Services Board & Commissioner, Solotel and many others by implementing Elker and getting compliant. Together we can cultivate inclusive workplaces resilient to sexual harassment, [discrimination](/articles/employment-discrimination-law) and financial crime. ### Key takeaways - Anonymous culture surveys are the most reliable input. Named surveys systematically under-report the exact issues an audit is designed to surface. - Customer reviews and external feedback (Glassdoor, Google Maps, customer complaints) are an under-used data source. They often reveal patterns internal staff hesitate to share. - Desktop review of written procedures, staff emails, vision statements, and social media profiles gives a picture of stated culture. The gap between stated and experienced is where the audit earns its keep. - Findings have to be communicated back to staff, not just senior leadership. Transparency about what the audit found, and what will change, is part of building trust. - Culture audits should be an ongoing cyclical process. A single audit is diagnostic; repeated audits over time are how organisations measure whether interventions are actually working. ## Frequently asked questions A culture audit is a comprehensive evaluation of an organisation's values, work environment, policies, practices, and attitudes. It seeks to understand how the organisation actually operates and highlights areas of concern that may require attention or reform, including fraud, [toxic work environments](/articles/signs-of-a-toxic-workplace), bullying, harassment, discrimination, data leaks, and pay disputes. From 12 December 2023, all Australian businesses, universities, and organisations have a positive duty to eliminate sexual harassment and sex-based discrimination. A culture audit is a proactive risk management measure that helps meet that duty, aligned with the [seven AHRC standards for positive duty compliance](/articles/7-standards-positive-duty-sex-discrimination-act). Assessment (desktop review of documents and policies, anonymous culture surveys, customer reviews, focus groups), analysis (organising data around leadership, environment, and employee satisfaction to surface trends), and recommendations (findings communicated to executives and staff, training programmes, implementation of [anonymous reporting tools](/articles/anonymous-reporting-advantages-disadvantages), and a commitment to open dialogue and continuous improvement). Questions should probe experiences and perceptions: whether employees feel the company takes measures to prevent fraud, whether they have felt uncomfortable due to inappropriate behaviour at work, and whether they know the procedures for reporting harassment or suspected misconduct. Our article on [employee engagement survey questions](/articles/employee-engagement-survey-questions) covers the broader set. Anonymous reporting tools foster a [speak-up culture](/articles/speak-up-culture) and give workers a confidential channel to disclose issues they would not raise through named channels. The aggregated data feeds the ongoing analysis, enables early detection of [misconduct](/articles/dealing-with-workplace-misconduct), and measures whether changes introduced after the audit are actually working. ### Sources 1. PwC Global Economic Crime and Fraud Survey 2022 2. Australian Human Rights Commission, Respect@Work National Inquiry Report and guidance on positive duty compliance 3. Anti-Discrimination and Human Rights Legislation Amendment (Respect at Work) Act 2022 4. Sex Discrimination Act 1984 (Cth) 5. Australian Institute of Company Directors, governance and culture guidance 6. Transparency International, research on organisational culture and anti-corruption _This article is general information only, not legal advice. Laws change and individual circumstances differ. For advice on your specific circumstances, consult a qualified legal practitioner. See our [Terms of Use](/policies/terms) for the full disclaimer._ ## You might also like --- url: https://elker.com/articles/cybersecurity-culture title: "Building a Resilient Cybersecurity Culture" description: "How to build a cybersecurity culture that protects sensitive disclosures, supports investigators, and keeps speak-up channels safe across AU and NZ workplaces." locale: en-AU generated: 2026-07-01T14:05:39.988Z --- Nov 15, 2024 # Building a Resilient Cybersecurity Culture [Reporting](/blog/reporting)[Cultural change](/blog/cultural-change) Discover how to cultivate a cybersecurity culture that enhances organisational resilience and protects those making disclosures. ![Building a resilient cybersecurity culture: enhancing organisational resilience](https://media.elker.com/e6da8a76-f2a0-4c1e-b348-d24c19ece8b1/cybersecurity_culture_1.png?width=992) ByElker Editorial TeamReviewed byJack MurrayUpdated22 April 2026 **TL;DR** - Cybersecurity culture is the collective attitudes, beliefs, and behaviours that shape how an organisation approaches information security. Technical controls provide part of the protection; culture determines whether those controls actually work in practice. - The numbers make the stakes clear. According to Verizon's 2023 Data Breach Investigations Report, 74% of all security incidents involved a human element, including social engineering, misuse, and error. IBM's research puts the average time to identify and contain a data breach at 287 days, a timeline that shortens dramatically when workers feel safe to report concerns immediately. - A strong cybersecurity culture rests on six components: visible leadership commitment, clear and accessible policies, structured training and awareness, cross-departmental implementation, established communication channels, and a systematic approach to continuous improvement. - Human behaviour is the dominant risk. Workers who reuse passwords under time pressure, skip verification steps during busy periods, or connect from unsecured networks to meet deadlines are the source of most breaches, rarely malice, usually practical workarounds in systems that put security and productivity in conflict. - Anonymous reporting is one of the most effective early-warning systems. It removes the fear of blame or embarrassment that stops workers from flagging suspected phishing, mistakes, or insider concerns, and it feeds intelligence to security teams before minor issues become significant breaches. ## The growing challenge of cyber threats Organisations face an ever-growing wave of cyber threats, but the biggest security risk isn't outdated software or weak firewalls—it's people. According to Verizon's 2023 Data Breach Investigations Report, 74% of all security incidents involved a human element, including social engineering attacks, misuse and errors. ### Beyond technical solutions Despite investing heavily in technical solutions, organisations struggle with data breaches and security incidents. The reason is clear: while technology provides essential protection, it can't address the complex human behaviours and attitudes that often lead to security compromises. Even the most secure system can be undone by a single phishing email or a weak password. ### The importance of culture in cybersecurity A strong cyber security [culture](/articles/speak-up-culture) improves how organisations protect sensitive data and intellectual property. While security policies are essential, real protection comes from creating an environment where employees understand security risks and feel confident taking action when they spot potential threats. Yet, many organisations struggle to develop this culture. According to [IBM's 2021 Cost of Data Breach Report](https://cdn.elker.com/Cost_of_a_Data_Breach_Report_2021_f5a230097b.pdf), it takes organisations an average of 287 days to identify and contain a data breach. By creating an environment where employees feel comfortable reporting concerns immediately, organisations can dramatically reduce this detection time. Early reporting of potential security issues often prevents them from developing into costly incidents that could impact both operations and reputation. ## What makes a strong cybersecurity culture? A strong cybersecurity culture emerges when security practices become embedded throughout an organisation's operations and decision-making processes. This encompasses the collective attitudes, beliefs, and behaviours that shape how an organisation approaches security. Organisations with robust security cultures demonstrate consistent protection of sensitive information across all levels of operation. ### Components of security excellence Several critical elements form the foundation of an effective cyber security culture: - Leadership commitment to comprehensive security initiatives - Clearly documented and accessible security policies - Structured training and awareness programs - Cross-departmental security implementation - Established security communication channels - A systematic approach to continuous improvement ### Cultural impact on security Building on the understanding of security breaches and their costs, organisations need several critical elements to develop an effective cyber security culture. These components work together to create a comprehensive approach to security: - **Leadership commitment to security initiatives:** Without visible, consistent support from senior management, security initiatives often conflict with business operations and are less prioritised. - **Clearly documented and accessible security policies:** These policies must balance protection with practicality - overly restrictive policies often lead to staff creating workarounds that introduce new vulnerabilities. - **Structured training and awareness programs (i.e. policy into practice):** These programs should focus on real-world scenarios, helping staff recognise and respond to actual security situations they might encounter. - **Security needs vary between departments**, and effective implementation acknowledges these differences while maintaining consistent standards. - **Established security communication channels:** These channels must be accessible, reliable, and when needed, anonymous. - **A systematic approach to continuous improvement:** Regular reviews and updates prevent security practices from becoming outdated and ineffective. ![Building a resilient cybersecurity culture: Compnents of security excellence](https://media.elker.com/fc3dea6e-0406-470b-aa21-7ddb21e34a4d/cybersecurity_culture_2.png?width=992) ### Expanding beyond technical teams The challenge of cybersecurity management lies in the misconception that security responsibilities belong exclusively to technical teams. While IT departments and security teams provide essential expertise, today’s security challenges require engagement across all organisational levels. From senior management to operational staff, each role carries specific security responsibilities. ### Establishing collective responsibility - Effective security implementation relies on collective responsibility rather than top-down directives. This approach requires: - Integration of security considerations in departmental planning - Regular security reviews in operational meetings - Clear channels for raising security concerns - Active senior management participation in security initiatives - Inclusion of security metrics in performance evaluations ## The human factor in security Human behaviour presents the greatest challenge in organisational security. While automated tools and security systems follow programmed rules consistently, people make decisions based on competing priorities - meeting deadlines, responding to urgent requests, or managing daily workloads. This fundamental aspect of human behaviour makes maintaining consistent security practices particularly challenging. Research from the [Verizon 2023 Data Breach Investigations Report](https://web.archive.org/web/20250125194535/https://www.verizon.com/about/news/2023-data-breach-investigations-report) confirms this reality: 74% of breaches involve the human element. Well-trained employees often know the correct security procedures, yet may bypass them when under pressure. A secure file transfer might take extra steps, or multi-factor authentication might delay an urgent task. Understanding the practicalities and pressures can help organisations develop security approaches that protect their systems while acknowledging operational realities. ### Common security mistakes Security breaches rarely result from sophisticated attacks. Instead, they often stem from everyday actions that seem harmless or necessary in the moment. When pressed for time, employees might reuse passwords across systems for easier remembering. During busy periods, they might skip verifying email links or share login details with team members to keep work flowing. Remote or freelance workers, trying to meet deadlines, can sometimes connect to unsecured networks or download unauthorised software to complete urgent tasks. These actions don't always come from carelessness or malice. They come from employees trying to work efficiently within systems that sometimes place security and productivity at odds. Understanding this reality helps organisations develop security measures that protect assets while supporting, rather than hindering, daily operations. ### The psychology of incident reporting The gap between spotting a potential security issue and reporting it represents one of the most significant vulnerabilities in organisational security. According to IBM's research, organisations take an average of 287 days to identify and contain breaches - a timeline that could shrink dramatically if employees felt more comfortable reporting concerns immediately. Why do people hesitate? Often, they worry about professional consequences or embarrassment. They might question whether an issue is significant enough to raise, or fear being blamed if the problem traces back to their actions. These concerns create dangerous gaps in security defence, allowing minor issues to grow into significant breaches before they are addressed. Organisations that successfully address these concerns focus on creating safe reporting environments. They establish clear reporting channels, protect those who speak up, and demonstrate the value of early reporting through swift action and regular feedback. Most importantly, they offer [anonymous reporting](/blog/reporting) options, recognising that some employees will only feel comfortable raising concerns if their identity remains protected. ![5 components of cybersecurity excellence in the workplace infographic](https://media.elker.com/53a80226-ab8c-4e5c-b2ed-ccd52c5155c3/cybersecurity_culture_3.png?width=992) ## Creating a culture of security ### The role of leadership Effective cybersecurity culture begins with a visible commitment from senior management. When leadership actively prioritises security, it signals to the entire organisation that security isn't merely an IT concern but a fundamental business priority. This commitment must manifest through regular security discussions in leadership meetings and clear allocation of resources to security initiatives. Senior managers who actively participate in security awareness programs demonstrate that security matters at every level of the organisation. ### Developing clear security frameworks Robust security policies and procedures provide the foundation for consistent security practices across the organisation. While documentation forms the backbone of these frameworks, their effectiveness depends on how well they are communicated and implemented. Security policies must remain accessible and understandable, with regular updates to address emerging cyber threats. Rather than creating a rigid set of rules, effective frameworks guide employees through common scenarios while establishing clear expectations for security behaviour. ### Building security awareness Training and awareness programs transform security policies from static documentation into daily practice. Rather than relying on annual compliance sessions, successful organisations integrate security awareness into regular operations. This includes practical scenarios, current threat updates, and role-specific guidance tailored to different positions within the organisation. Measuring the effectiveness of these programs helps refine and improve security awareness over time. ### Establishing trust and accountability Creating accountability while maintaining trust requires careful balance. Organisations must recognise security-conscious behaviour while fairly addressing security incidents. Open dialogue about security challenges helps build understanding and support for security-related decisions. When security policies apply consistently across all levels of the organisation, employees develop confidence in the system's fairness and effectiveness. ### The role of anonymous reporting [Anonymous reporting systems](/articles/anonymous-reporting-advantages-disadvantages) serve as a crucial component in maintaining a strong security culture. By removing fear of retaliation, these systems encourage early reporting of security concerns before they develop into major incidents. The ability to communicate frankly about potential security issues, while maintaining confidentiality, provides organisations with insights into emerging threats and potential vulnerabilities. This early warning capability enables proactive response rather than reactive damage control. The establishment of a robust security culture requires ongoing commitment and regular reinforcement. Through consistent application of these principles, organisations can develop an environment where security becomes an integral part of daily operations rather than an impediment to productivity. ## Implementing effective security practices ### Delivering security training Effective cyber security training works best when it reflects real workplace challenges. Organisations should structure their training programs around real-world scenarios, incorporating recent security incidents and emerging threats. Phishing simulations, for instance, provide practical experience in identifying and responding to common attack methods. These hands-on approaches help employees retain and apply security knowledge in their daily work. ### Fostering open communication Communication about security must flow freely throughout the organisation. Security teams should establish clear channels for sharing updates and receiving feedback about potential security risks. Regular briefings keep security awareness high while ensuring that staff understand current threats and mitigation strategies. This ongoing dialogue helps maintain vigilance and reinforces the organisation's security posture. ### Managing security risks A comprehensive approach to risk management requires understanding both technical vulnerabilities and human behaviour patterns. Organisations must regularly assess their security landscape, identifying potential weaknesses in both systems and processes. This involves monitoring access controls, reviewing security incidents, and evaluating the effectiveness of existing security policies. Risk assessments should consider both internal and external threats, with particular attention to areas where human error could compromise security measures. ### Measuring security programme effectiveness To gauge the success of security initiatives, organisations need meaningful metrics that go beyond simple compliance numbers. Key indicators might include the time taken to identify and respond to security incidents, employee engagement with security training, and the number of reported security concerns. These measurements help identify areas requiring additional focus while demonstrating the value of security investments to senior management. ### Cultivating continuous improvement Building a culture of continuous improvement in security practices requires ongoing commitment from all organisational levels. Regular reviews of security procedures, coupled with feedback from staff and security teams, help identify opportunities for enhancement. This iterative approach ensures that security measures evolve alongside new threats while remaining practical and effective for daily operations. Success in implementing these practices depends on maintaining consistent focus and adapting approaches based on measured outcomes. When organisations commit to continuous improvement in their security practices, they create a resilient defence against evolving cyber threats. ### Anonymous reporting When organisations enable anonymous reporting of security concerns, they remove one of the biggest barriers to effective cyber security: fear of consequences. Even in organisations with strong security cultures, employees often hesitate to flag potential security incidents when their names will be attached to the report. This hesitation can leave critical vulnerabilities unaddressed. ### Early warning system Anonymous reporting serves as an essential early warning system for potential security incidents. When staff members spot concerning patterns or possible vulnerabilities, anonymous channels allow them to share this information quickly and safely. This early identification of security threats enables organisations to address issues before they escalate into data breaches or cyber security incidents that could compromise sensitive data or intellectual property. ## Transform your security culture with Elker While many organisations understand the importance of cyber security culture, implementing effective reporting systems often proves challenging. Elker provides a secure, anonymous reporting platform that helps organisations bridge this crucial gap in their security defences. ### A comprehensive reporting solution Elker's platform enables organisations to receive and manage security concerns while maintaining complete reporter anonymity. The system employs two-way communication between security teams and reporters, ensuring thorough investigation of potential security incidents without compromising confidentiality. ### Key features The Elker platform integrates seamlessly with existing security processes while providing anonymity that encourages early reporting of potential threats. Advanced encryption and secure communication channels ensure that sensitive information remains protected throughout the reporting process. The system also enables security teams to track and manage reported issues efficiently, maintaining clear audit trails while preserving reporter anonymity. ## Getting started Implementing Elker's [anonymous reporting system](/articles/advantages-of-whistleblowing-in-the-workplace) requires minimal technical overhead while providing immediate benefits to your organisation's security culture. Our team works closely with your security teams to ensure smooth integration and adoption across your organisation. Ready to strengthen your cyber security culture through anonymous reporting? Book a demo today to learn how our platform can help protect your organisation. ### Key takeaways - Security is not solely an IT responsibility. Effective cyber programmes involve every department, with clear expectations of what each role contributes to security outcomes. - The biggest barrier to incident reporting is fear of professional consequences, embarrassment, or blame. Organisations that create safe, blame-free reporting environments consistently shorten their time to detect. - Policies need to be practical as well as protective. Overly restrictive rules encourage workarounds that create new vulnerabilities, and policies that are never communicated are functionally useless. - Training should reflect real scenarios and recent threats, not generic annual compliance sessions. Phishing simulations, role-specific guidance, and updates on emerging threats are what move knowledge into practice. - Anonymous reporting channels catch a class of cyber risks that formal IT channels miss, suspected insider activity, social engineering targeting colleagues, vendor compromise concerns, and shortcuts workers have noticed but are uncomfortable naming publicly. ## Frequently asked questions Cybersecurity culture is the collective set of attitudes, beliefs, and behaviours that determine how an organisation approaches information security day to day. It covers how workers respond to suspected incidents, how they handle sensitive data, how seriously they treat security decisions, and how willing they are to report concerns. Culture is the human complement to technical controls, and organisations with strong cultures consistently outperform equivalently-resourced organisations with weak ones. Because most breaches are caused by human action or inaction, not tool failure. Verizon's 2023 DBIR found that 74% of incidents involved a human element. The typical pattern is not malice, it is practical workarounds: reusing passwords to meet deadlines, skipping verification of email links during busy periods, connecting from unsecured networks to complete urgent tasks. Security measures that ignore these practicalities tend to be bypassed, not followed. Decisively. Visible commitment from senior management signals that security is a business priority rather than an IT compliance exercise. That shows up in regular security discussions at leadership meetings, explicit resource allocation to security initiatives, and senior managers participating personally in training. Organisations where security is delegated entirely to IT, with no visible leadership engagement, consistently end up with weaker cultures and worse incident outcomes. Because the biggest obstacle to early reporting is fear of consequences, embarrassment, or being blamed for the incident. Anonymous channels remove that barrier and let workers flag suspected phishing, compromised credentials, or insider concerns quickly and safely. Elker's platform, among others, enables two-way anonymous communication so security teams can investigate thoroughly without compromising the reporter's confidentiality. This is particularly valuable for insider threat and vendor compromise concerns, where workers are often unwilling to be identified through formal channels. See [anonymous reporting advantages](/articles/anonymous-reporting-advantages-disadvantages) for more detail on how this works. Meaningful indicators include: time to detect and respond to security incidents, reporting rates (higher is generally better, because it means workers are raising concerns), phishing simulation results over time (click rates falling, reporting rates rising), and results from culture surveys that specifically ask about security behaviour. Technical compliance metrics alone do not capture whether the culture is improving. A [speak-up culture](/articles/speak-up-culture) that extends to security is the underlying condition these metrics are measuring. ### Sources 1. Verizon, 2023 Data Breach Investigations Report 2. IBM, Cost of a Data Breach Report 2021 3. Australian Signals Directorate, Essential Eight and Strategies to Mitigate Cyber Security Incidents 4. Office of the Australian Information Commissioner, Notifiable Data Breaches Scheme reports and Privacy Act 1988 (Cth) guidance (as amended by the Privacy and Other Legislation Amendment Act 2024) 5. ENISA (European Union Agency for Cybersecurity), Cybersecurity Culture Guidelines 6. For NZ variant: CERT NZ and the National Cyber Security Centre (NCSC) guidance on organisational cyber culture _This article is general information only, not legal advice. Laws change and individual circumstances differ. For advice on your specific circumstances, consult a qualified legal practitioner. See our [Terms of Use](/policies/terms) for the full disclaimer._ ## You might also like --- url: https://elker.com/articles/dealing-with-workplace-misconduct title: "Dealing with Workplace Misconduct: A Practical Guide | Elker" description: "Workplace misconduct can have far-reaching consequences for your business. 🛡️ Understand the regulations and strategies to deal with it." locale: en-AU generated: 2026-07-01T14:05:40.043Z --- Oct 18, 2023 # Dealing with Workplace Misconduct in 2025 [Cultural change](/blog/cultural-change) Workplace misconduct can have far-reaching consequences, impacting not only employee morale but also a company’s reputation. As an employer, it is crucial to understand the different forms of misconduct, identify warning signs, and effectively address any issues that arise. In this blog post, we will explore the various aspects of workplace misconduct, with a focus on Australian laws and regulations. We will also provide a step-by-step guide for addressing misconduct, as well as strategies for preventing it in the first place. ![Dealing with workplace misconduct: regulations and strategies ](https://media.elker.com/98cef075-e76c-47e9-b903-c4bb6a3b8de5/misconduct-workplace-strategies.png?width=992) ByElker Editorial TeamReviewed byJack MurrayUpdated22 April 2026 **TL;DR** - Workplace misconduct is a deliberate breach of a written or implied employment policy, and it splits into two legally distinct categories: general misconduct (tardiness, policy breaches, poor performance, unauthorised absences) and serious misconduct (theft, fraud, assault, sexual harassment, intoxication at work, serious safety breaches). - In Australia, the three pieces of legislation that shape how employers must respond are the Fair Work Act 2009 (Cth), the Sex Discrimination Act 1984 (Cth) as amended by the Respect at Work reforms, and the Work Health and Safety Act 2011 (Cth). Together they define the thresholds for dismissal, impose a positive duty to eliminate sex-based misconduct, and require employers to manage health and safety risks proactively. - The response process has a fixed shape: identify the conduct, investigate impartially, document every step, decide on proportionate disciplinary action, and follow procedural fairness throughout. Employers who improvise lose Fair Work Commission matters. - Investigations should be person-centred and trauma-informed, respecting the timing of disclosures, engaging directly with those involved, and protecting wellbeing alongside evidence collection. - Anonymous reporting channels surface misconduct that would otherwise go unreported, particularly where the worker fears retaliation or victimisation. They also create a documentation trail that strengthens subsequent investigations. ## Key takeaways - Understanding workplace misconduct and its consequences is essential for effective management. - Employers must identify signs of misconduct, investigate thoroughly, document evidence accordingly and implement disciplinary action as necessary. - Preventative measures such as employee/supervisor check-ins, anonymous reporting systems and leadership training should be implemented. ## Understanding workplace misconduct Employee misconduct is a deliberate violation of a written or implied employee policy, often constituting an illegal or hazardous activity or safety breach. When employee misconduct occurs, it can be categorised into general and serious/gross misconduct, each carrying different consequences and requiring different approaches to resolution. ### General misconduct General misconduct involves less severe violations of the employment contract, but it can still have a negative impact on the workplace. These offences may include consistent tardiness, taking leave without prior authorisation, or failing to meet job performance standards. While these actions may not lead to immediate dismissal, they can still create a disruptive work environment and affect the overall productivity and morale of other employees. It is essential for employers to address general misconduct promptly to maintain a positive and efficient workplace. ### Serious misconduct [Serious misconduct](/articles/serious-misconduct), also known as gross employee misconduct, is the most severe infraction and can result in the immediate termination of an employee. It often involves illegal activities or serious breaches of company policy. Timely resolution of misconduct is crucial for employee safety, promoting teamwork, upholding standards, and preventing legal implications. ## Examples of workplace misconduct Workplace misconduct encompasses a wide range of behaviours, from minor infractions to serious illegal activities. Some examples of general misconduct might include: - Taking extended lunch breaks - Unauthorised absences - Wasting the time of a co-worker - Consistently arriving late to work - Excessive personal use of company resources - Overt discrimination toward an employee with a [protected attribute](/articles/protected-attributes) - Disrespectful behaviour towards colleagues or superiors - Failure to follow the company dress code - Misuse of the company's social media account - Neglecting to adhere to the company's communication protocols Disciplinary actions for general misconduct may include verbal warnings, written warnings, probation, or suspension. Such behaviours considered misconduct can have a significant impact on the workplace, affecting employee morale and company reputation and potentially leading to legal action. Serious misconduct includes actions such as: - Theft - [Sexual harassment](/articles/5-risk-factors-for-sexual-harassment-in-the-workplace) - Abuse of power - Falsifying documentation - Violations of health and safety regulations Engaging in activities that pose a serious and imminent risk to the workplace can lead to the immediate termination of an employee, given their severe nature. Identifying and addressing different forms of misconduct enables employers to guarantee a secure and more productive work environment for all staff. ## Australian laws and regulations In Australia, workplace misconduct is primarily governed by three key pieces of legislation: the Fair Work Act 2009, the Sex Discrimination Act 1984 and the Work Health and Safety Act 2011. - **Fair Work Act 2009:** This Act defines serious misconduct as behaviour that is intentional, deliberate, and so egregious that continuing the employment relationship becomes unreasonable. Examples include actions detrimental to the [business's financial viability](/use-cases/businesses) or reputation or posing a serious risk to health and safety. The Fair Work Act further details serious misconduct, encompassing theft, fraud, assault, intoxication at work, and refusal to follow lawful and reasonable instructions. - **Sex Discrimination Act 1984:** This Act, along with the [Respect at Work](/articles/what-the-respect-at-work-bill-means-for-your-business) amendments, places a [positive duty](/articles/7-standards-positive-duty-sex-discrimination-act) on employers to eliminate sexual harassment, sex-based discrimination, and victimisation in the workplace. It emphasises the need for proactive measures to ensure a safe and respectful working environment, free from gender-based discrimination and harassment. - **Work Health and Safety Act 2011:** This Act focuses on the health, safety, and welfare of all workers, including employees, contractors, and volunteers. It mandates business owners to ensure, as far as reasonably practicable, the health and safety of workers and others affected by the work. This includes maintaining safe work systems, handling and storage of substances, and providing adequate worker welfare facilities. In the context of workplace misconduct, these laws and regulations provide a [legal framework for employers](/articles/employment-discrimination-law) to manage and address misconduct effectively. By understanding and complying with these laws, employers can ensure that they are handling misconduct in a way that is effective and legally sound. ## Identifying signs of misconduct Identifying early signs of misconduct is vital in enabling employers to address issues quickly and ensure a secure work environment. Some common behavioural changes that may be observed in employees involved in misconduct include: - Decreased productivity and performance - Lack of commitment - Offensive behaviour - Property damage and theft - Unsafe behaviour or failure to follow safety protocols - Violation of company policies Complaints or **anonymous reports** can also be indicative of potential misconduct in the workplace. Complaints bring to light employee behaviours or actions not in line with workplace policies and can serve as a warning sign that necessitates further examination or action. They can also provide evidence and documentation of the purported misconduct, which can be utilised in the investigation plan. Employers must have a structured procedure in place for dealing with complaints and treat them with the gravity they deserve to address any potential misconduct effectively. ## Addressing workplace misconduct: A step-by-step guide Employers must adhere to a systematic process encompassing investigations, evidence documentation, and disciplinary action implementation to handle misconduct efficiently. This approach ensures that all aspects of the misconduct are thoroughly examined and that the disciplinary process is carried out fairly and consistently. ### Conducting an investigation Undertaking a comprehensive and impartial employee misconduct investigation is essential in deciding the right course of action. This process includes gathering evidence, interviewing witnesses, and examining physical evidence. Preserving fairness during the investigation is also important to prevent possible complaints about wrongful termination and potential legal actions against the employer if the terminated employee can prove they were treated unjustly. When devising a plan for an inquiry into employee misconduct, it is important to consider who will be involved and who will be interviewed or observed and ensure the procedure is in accordance with local legislation. In some cases, involving a third party in the investigation may be necessary if an impartial internal investigation is not feasible, if there is not a trained workplace investigator available, or if the complaint is intricate and potentially laborious. Integrating [anonymous reporting systems](/articles/anonymous-reporting-advantages-disadvantages), such as whistleblowing software, into the workplace is crucial to capturing essential disclosures. The importance of these tools cannot be overstated. They serve as a safe space where employees can voice their concerns without fear of [retribution or victimisation](/articles/what-is-unlawful-victimisation-in-the-workplace). This is particularly relevant when individuals hesitate to speak up due to the potential backlash or negative repercussions. Anonymous reporting can assist in the investigation process. It allows for the collection of evidence by the reporter, thereby strengthening the case and making it easier to address the misconduct. Additionally, customisable reporting pathways ensure that the right personnel are involved in the investigation, eliminating any potential conflict of interest in the report. ### Incorporating a person-centred and trauma-informed approach in investigations When conducting investigations into workplace misconduct, it's crucial to adopt a person-centred and trauma-informed approach. This means prioritising the individual's unique experiences, needs, and preferences throughout the investigation process. Investigations should be conducted with an understanding of the profound impact trauma can have on individuals, ensuring their safety, choices, and empowerment are at the forefront. This approach involves respecting the timing of disclosures, tailoring responses to individual circumstances, and prioritising the wellbeing of those involved. It's about engaging with individuals directly, listening actively, and collaborating in planning rather than imposing pre-determined solutions.  By integrating these principles, organisations can ensure that investigations are not only thorough and fair but also sensitive to the emotional and psychological needs of those involved, fostering trust and respect in the workplace. For more detailed insights into this approach, visit our article on [Person-Centred and Trauma-Informed Approach](/articles/person-centred-and-trauma-informed-approach). ### Documentation and record-keeping In cases of misconduct, keeping and maintaining records holds significant importance. Proper documentation ensures that all aspects of the investigation and disciplinary process are preserved, which can be invaluable in legal proceedings. This includes recording: - specific dates - times - locations - conversations pertinent to the incident Furthermore, maintaining employee records throughout the disciplinary process is crucial for secure storage and inclusion as part of the inquiry. Employers can guarantee consistency and accountability by maintaining precise and detailed records. ### Disciplinary Action The severity of the misconduct dictates the type of disciplinary action to be taken in response. These can range from: - A verbal warning - Written warnings - Probation - Suspension - Dismissal Employers must ensure consistency while dealing with employee misconduct, treating each case equally using the same language and disciplinary actions. Before dismissing an employee for serious misconduct, employers should: 1. Initiate a disciplinary procedure 2. Ensure that there is a justifiable cause for dismissal 3. Observe a reasonable process when deciding to dismiss This approach helps safeguard the business from potential repercussions of wrongful termination or [discrimination lawsuits](/articles/discrimination-in-the-workplace). In cases of summary dismissal, employers must still adhere to a fair process, maintaining consistency when responding to an act of serious misconduct. Employers can efficiently manage misconduct and uphold a secure, productive organisation by implementing suitable disciplinary actions. ## Preventing workplace misconduct Preventing misconduct is key to fostering a secure and efficient workplace. Employers must take preventative measures to reduce misconduct, such as: - Employee/supervisor check-ins - Establishing online anonymous reporting systems - Providing company hotlines or [whistleblowing software](/articles/whistleblowing-software) for employees to report instances of misconduct - Encouraging an [ethical workplace](/articles/ethics-hotline) culture ### Policies Having clear and comprehensive policies in place to address workplace misconduct is vital. Policies such as codes of conduct, disciplinary procedures, and reporting mechanisms ensure that employees understand the repercussions of misconduct and the measures that will be implemented in the disciplinary process. Incorporating these policies into the employee handbook or company wiki and obtaining acknowledgement in the employment agreement allows employers to ensure employees understand the policy and its implications. ### Leadership and training Robust leadership and continuous training are vital in mitigating workplace misconduct. Leaders should set expectations, model appropriate employee behavior, and provide regular employee feedback. Providing training to employees on misconduct and disciplinary policies is also important to ensure that they are aware of the expectations placed upon them and the support available in the event that they become disheartened, enraged, or inefficient. ### Implementing an anonymous reporting tool for the workplace Implementing an anonymous reporting app or hotline [encourages employees to speak up](/articles/speak-up-culture), giving them the confidence to report misconduct and knowing their identity will remain confidential. This anonymity encourages more people to come forward with vital information and fosters a culture of transparency and accountability within the organisation. Moreover, anonymous reporting tools can provide valuable insights into the health of the [company culture](/articles/culture-audit-guide) and the effectiveness of its policies. They can reveal patterns of misconduct that might otherwise go unnoticed, allowing management to address issues proactively and make necessary changes to prevent future incidents. ## Summary In conclusion, understanding and addressing misconduct is essential for [maintaining a safe and productive work environment](/articles/respect-in-the-workplace) and [reducing psychosocial harm](/articles/psychosocial-hazards-at-work). By recognising the signs of misconduct, following a thorough investigation, implementing appropriate disciplinary actions, and fostering a culture of prevention, employers can effectively tackle workplace misconduct and create a positive atmosphere for all employees. A proactive approach to tackling misconduct through [whistleblowing](/articles/what-is-whistleblowing) and anonymous reporting software protects your business and helps cultivate a harmonious and thriving workplace for everyone. ### Key takeaways - General misconduct typically justifies warnings, probation, or suspension; serious misconduct can justify summary dismissal without notice, but only where the legal threshold is met and procedural fairness is followed. - The Respect at Work amendments to the Sex Discrimination Act 1984 impose a positive duty on employers to eliminate sexual harassment, sex-based discrimination, and victimisation. This is a proactive obligation, not a reactive one. - Contemporaneous documentation is decisive. Dates, times, locations, witness statements, and decisions need to be recorded as the investigation happens, not reconstructed afterwards. - External investigators should be brought in when the matter involves senior respondents, conflicts of interest, or complexity that the internal team cannot handle without perceived bias. - Prevention is cheaper than response. Clear policies, leadership modelling, regular training, and accessible reporting channels consistently outperform reactive misconduct management. ## Frequently asked questions Workplace misconduct is a deliberate breach of a written or implied employment policy, or conduct that is illegal, hazardous, or otherwise inconsistent with the employment relationship. General examples include tardiness, unauthorised absences, excessive personal use of company resources, and failure to meet performance standards. [Serious misconduct](/articles/serious-misconduct) includes theft, fraud, assault, sexual harassment, intoxication at work, and serious breaches of safety regulations. The distinction matters because it determines the disciplinary response available to the employer. A misconduct allegation is a claim that an individual has engaged in behaviour such as theft, violence, sexual assault, fraud, or any other conduct that risks the health and safety of others, or any breach of company policy or procedure. It also includes serious or persistent harassment, bullying, fraud, corruption, or conflict of interest. Allegations trigger the employer's duty to investigate impartially and give the respondent a genuine opportunity to answer before any decision is made. Yes, depending on the severity. General misconduct usually triggers a graduated response (verbal warning, written warning, probation, suspension) and rarely justifies immediate dismissal. Serious misconduct, as defined under the Fair Work Act 2009 and the Fair Work Regulations 2009, can justify summary dismissal without notice or payment in lieu, but the conduct must genuinely meet the threshold and the employer must follow procedural fairness. Dismissing an employee for conduct that was not in fact "serious" is one of the most common grounds for unfair dismissal claims at the Fair Work Commission. Common indicators include sudden changes in employee behaviour, falling productivity, increased absenteeism, tension between staff, complaints from colleagues or customers, and patterns that emerge across multiple incidents. Line managers play a frontline role in noticing these signals, but reliance on observation alone is never enough. Anonymous reporting channels, exit interviews, and regular employee check-ins surface concerns that managers would otherwise miss, particularly where there is a power imbalance or fear of retaliation. Investigations should be impartial, thorough, and timely. The process involves gathering evidence, interviewing witnesses and the respondent, and documenting every step. Fairness is essential: respondents must be told what is alleged in enough detail to respond meaningfully, given a real opportunity to answer, and the decision must be made by someone without a conflict of interest. For complex or senior matters, or where internal impartiality is compromised, external investigators should be engaged. A person-centred and [trauma-informed approach](/articles/person-centred-and-trauma-informed-approach) prioritises wellbeing alongside fact-finding. Anonymous reports are often the first signal of misconduct in a workplace, especially bullying, harassment, or discrimination involving a power imbalance. An anonymous tip can be the starting point for an investigation, but a finding of misconduct must rest on corroborating evidence, documents, witness statements, or physical evidence, that stand independently of the tip. Anonymous channels also protect workers from [retaliation and victimisation](/articles/what-is-unlawful-victimisation-in-the-workplace), which encourages earlier reporting and gives employers a chance to address issues before they escalate. Prevention rests on four things: clear and accessible policies incorporated into the employee handbook, visible leadership that models expected behaviour, regular training on conduct standards and reporting pathways, and a trusted reporting channel, ideally with an anonymous option. Anonymous reporting systems and regular employee check-ins surface concerns early, and ethics hotlines create a documented pathway for disclosures that might otherwise go unreported. Policies without a trusted channel to report breaches rarely change behaviour. ### Sources 1. Fair Work Act 2009 (Cth), Part 3-2, unfair dismissal provisions 2. Fair Work Regulations 2009 (Cth), regulation 1.07, definition of serious misconduct 3. Sex Discrimination Act 1984 (Cth), as amended by the Respect at Work reforms 4. Work Health and Safety Act 2011 (Cth) and corresponding state and territory WHS legislation 5. Fair Work Commission, guidance on procedural fairness in disciplinary investigations 6. For NZ variant: Employment Relations Act 2000 and Employment Relations Authority guidance on good-faith investigations _This article is general information only, not legal advice. Laws change and individual circumstances differ. For advice on your specific circumstances, consult a qualified legal practitioner. See our [Terms of Use](/policies/terms) for the full disclaimer._ ## You might also like --- url: https://elker.com/articles/discrimination-in-the-workplace title: "Combating Discrimination in the Workplace: A Practical Guide" description: "A guide to discrimination in the workplace, the legal framework protecting employees, and best practices to promote a healthy and safe work environment." locale: en-AU generated: 2026-07-01T14:05:40.110Z --- Dec 1, 2022 # Combating Discrimination in the Workplace: A Practical Guide [Cultural change](/blog/cultural-change)[Reporting](/blog/reporting)[Compliance](/blog/compliance) An inclusive and diverse workplace environment fosters creativity, innovation, and productivity. However, despite the benefits, discrimination persists in Australian workplaces. This blog post is your guide to understanding discrimination in the workplace, the legal framework protecting employees, and best practices for employers to tackle discrimination and promote a healthy and safe work environment. ![Combatting discrimination in the workplace: A practical guide to Australian laws and best practices](https://media.elker.com/8cb11641-fc24-4084-a2f5-ca56f69113d5/discrimination-workplace.png?width=992) ByElker Editorial TeamReviewed byJack MurrayUpdated22 April 2026 **TL;DR** - Workplace discrimination is treating a person less favourably, or applying a rule that disadvantages them, because of a protected attribute such as race, sex, age, disability, pregnancy, religion, or family responsibilities. - Australian law recognises two types: **direct** discrimination (treating someone less favourably because of an attribute) and **indirect** discrimination (a rule or policy that looks neutral but disadvantages people with a particular attribute). - Six key pieces of federal legislation apply: the Fair Work Act 2009, Sex Discrimination Act 1984, Racial Discrimination Act 1975, Disability Discrimination Act 1992, Age Discrimination Act 2004, and Australian Human Rights Commission Act 1986. Each state and territory adds further anti-discrimination law. - Employer penalties under the Fair Work Act can reach up to $82,500 per breach for a company and $18,780 for an individual. - Diversity Council Australia's 2022 Racism at Work report found that fewer than a quarter of workers believed their employers took immediate action against workplace racism, and only 27% felt their organisation was proactive in preventing discriminatory behaviour. ## Key takeaways - Discrimination in the workplace is defined as treating individuals differently or unfavourably based on their [protected characteristics](/articles/protected-attributes). - Employers should develop and implement comprehensive anti-discrimination policies, handle complaints and investigations, and provide training and awareness initiatives to create a safe work environment for all employees. - Discrimination can have severe impacts on workplace health & safety; legal advice may be sought if discrimination occurs. ## Defining discrimination in the workplace Workplace discrimination happens when an individual faces unfair treatment or negative consequences due to attributes like race, gender, or age. While not all discrimination is necessarily unlawful discrimination, awareness of the legal framework, encompassing [anti-discrimination laws](/articles/employment-discrimination-law) and the Fair Work Act, helps maintain compliance. Diversity Council Australia's (DCA) [Racism at Work report](https://www.dca.org.au/research/racism-at-work) (2022) provided some alarming insights into the reality of workplace discrimination. Out of 1,547 workers surveyed nationwide, less than a quarter believed their employers took immediate action against workplace racism. Furthermore, only 27% felt that their organisations were proactive in preventing discriminatory behaviour. These figures highlight the pressing need for more effective strategies to combat racism in the workplace. ## Protected attributes Protected characteristics refer to specific attributes that are legally safeguarded against discrimination. In Australia, the Fair Work Act shields employees from discrimination based on the employees: - race - colour - sex - sexual orientation - intersex status - gender identity - breastfeeding - age - physical or mental disability - marital status - family or carer’s responsibilities - pregnancy - religion - political opinion - national extraction - social origin Employers found to be in violation of the Fair Work Act regarding the new protected attributes may face penalties imposed by a court, including fines of up to $82,500 per breach for a company and $18,780 for an individual. ## Type of discrimination in the workplace Direct and indirect discrimination are the two main types that can lead to situations where individuals are unlawfully discriminated against. The following portions will detail these discrimination types and their presence in the workplace. ### Direct discrimination Direct discrimination involves treating an individual detrimentally based on their protected characteristics, such as declining to employ someone because of their ethnicity. This type of discrimination can be identified when an employee is treated less favourably than other employees due to their protected characteristics. Examples of direct discrimination in the workplace include job refusal based on race, dismissal or shift reduction due to race, and denial of training opportunities, transfers, and promotions based on race. ### Indirect discrimination Indirect discrimination is defined as a situation where an employer enforces requirements or rules that may have an unintentional yet adverse effect on an individual due to their personal characteristics. Examples of indirect discrimination in the workplace may include a job advert that requires a certain number of years of experience, which may inadvertently exclude younger applicants or a company policy that prohibits employees from wearing religious attire, which may inadvertently restrict employees of specific religions. Australian laws define indirect discrimination as a situation where a rule, requirement, or condition that applies to everyone can disadvantage individuals with specific protected attributes. Employers must consider such policies and practices to ensure a fair and inclusive work environment. ![Anti-discrimination laws in Australia](https://media.elker.com/779a1e06-067d-4a0a-9c0b-f5b6c69e73e8/anti-discrimination-laws-australia.png?width=992) In Australia, federal and state legislation protects individuals from workplace discrimination. Employers must understand and follow these laws to foster a fair and inclusive workplace. Australia has several federal and territory anti-discrimination laws. These include: - Age Discrimination Act 2004 - Disability Discrimination Act 1992 - Racial Discrimination Act 1975 - Sex Discrimination Act 1984 - Australian Human Rights Commission Act 1986 - Fair Work Act 2009 ### Sex Discrimination Act 1984 The Sex Discrimination Act 1984 is a pivotal federal law that aims to eliminate discrimination on the grounds of sex, gender identity, and sexual orientation across various areas, including employment. It explicitly outlaws direct discrimination, such as denying opportunities or unfair treatment due to an individual's sex, marital or parental status, or pregnancy. Additionally, the Act addresses family responsibilities, ensuring that both male and female employees are not subjected to discrimination based on these aspects. Some examples of sex and gender discrimination in the Australian workplace prohibited by the Sex Discrimination Act include sexual harassment, sex-based harassment, discrimination based on gender identity, and discrimination based on sexual orientation. ### Racial Discrimination Act 1975 The Racial Discrimination Act 1975 in Australia is a federal law that prohibits discrimination based on race, colour, descent, or national or ethnic origin. The primary components of the Act include: - Advocating equality before the law - Proscription of racial discrimination - Safeguarding against offensive behaviour based on race - Allowing access to places and facilities without discrimination Examples of racial discrimination in the workplace include: - Job refusal based on race - Dismissal or shift reduction due to race - Denial of training opportunities, transfers, and promotions based on race - Unequal remuneration due to race ### Disability Discrimination Act 1992 The Disability Discrimination Act 1992 in Australia is a law that seeks to prohibit discrimination against individuals with disabilities in various areas of life, including employment, education, and access to goods and services. The Act's primary components include prohibiting discrimination based on disability, the necessity for reasonable adjustments, and safeguarding against harassment and victimisation. This law safeguards employees from unjust treatment due to their disability and promotes equality for people with disabilities at work. ### Age Discrimination Act 2004 The Age Discrimination Act 2004 in Australia prohibits direct and indirect discrimination based on age. The Act aims to promote equality and eliminate discrimination in the following areas: - Employment - Education - Goods and services - Accommodation This law addresses age discrimination and helps to ensure that people of all age groups are treated fairly and have equal opportunities in the workplace. By addressing age discrimination, this law helps to ensure that people of all age groups are treated fairly and have equal opportunities in the workplace. ### Fair Work Act 2009 The Fair Work Act 2009 shields employees from negative actions due to protected attributes, offering solutions for unlawful discrimination. This Act significantly contributes to fair and equitable treatment of employees in the workplace. The Fair Work Ombudsman evaluates claims of unlawful workplace discrimination and may take legal action against the employer. If you suspect that you have been subjected to discrimination in your employment, you can seek assistance from the Fair Work Ombudsman by submitting an online enquiry or contacting them on 13 13 94. ### Australian Human Rights Commission Act 1986 The Australian Human Rights Commission Act 1986 is a pivotal piece of legislation establishing the Australian Human Rights Commission (AHRC) and outlining its role and powers. The Act provides a framework for promoting and protecting human rights in Australia. It empowers the AHRC to investigate and resolve complaints of discrimination and human rights breaches against the Commonwealth and its agencies. The Commission is also mandated to conduct public inquiries, provide education and public awareness on human rights, and advise the government on legislative and policy developments. Under the Australian Human Rights Commission Act 1986, individuals who believe they have been discriminated against can lodge a complaint with the AHRC. The Act covers discrimination in public life and promotes compliance with international human rights obligations. It also stipulates the process for handling complaints, which includes conciliation as a primary step. If a resolution is not achieved, the matter may be taken to the Federal Court or Federal Circuit Court for a legal determination. The Act plays an essential role in Australia's human rights landscape by providing a mechanism for individuals to seek redress for discrimination and promoting a culture of respect for human rights. ![Employer responsibilities for tackling discrimination in the workplace](https://media.elker.com/67e8f8fe-a24a-45e7-8de8-aff045adeda1/discrimination-workplace.png?width=992) ## Employer responsibilities and best practices Employers are responsible for preventing workplace discrimination by developing and implementing policies, handling complaints and investigations, and providing training and awareness programs. By taking these steps, employers can ensure a safe and inclusive work environment for all employees. Comprehension and compliance with the legal structure, encompassing anti-discrimination laws and the Fair Work Act, are necessary for employers to build a fair and inclusive workplace. Proactivity and prevention of discrimination can help employers foster a work environment that encourages productivity and employee satisfaction. ### Developing and implementing policies Creating and enforcing anti-discrimination policies is crucial for employers to maintain a safe and inclusive work environment. An effective anti-discrimination policy should include: - A clear statement of commitment - Identification of prohibited grounds of discrimination - Definition of discrimination - A reporting mechanism - An investigation process - Consequences for violations - Implementation of training and education - Regular review and updating To ensure compliance with Australian discrimination laws, employers should: - Familiarise themselves with the Australian Human Rights Commission Act 1986 (Cth) and other relevant legislation - Seek legal advice or consult with experts in employment law - Develop and implement comprehensive anti-discrimination policies By following these steps, employers can effectively address and prevent discrimination in the workplace. ### Handling complaints and investigations Handling complaints and investigations related to workplace discrimination is a crucial responsibility of employers. Employers should take complaints seriously, address them promptly, and maintain confidentiality throughout the investigation process. This approach enables employers to create a safe and inclusive work environment for all employees. 1. To ensure fairness in discrimination investigations, employers should: 2. Undertake a comprehensive and unbiased investigation 3. Afford procedural fairness 4. Preserve confidentiality 5. Adhere to legal stipulations 6. Record the investigation process Adopting these best practices allows employers to effectively address and resolve discrimination complaints, promoting a positive work environment and employee satisfaction. ### Training and awareness Training and awareness programs play a vital role in preventing workplace discrimination. By educating employees about their rights and responsibilities, as well as helping them recognise and prevent discrimination, employers can promote a safe and inclusive work environment. An efficient anti-discrimination training program should include: - Distinct learning objectives - Engaging content that addresses unconscious bias and social responsibility - Coverage of various diversity issues, such as racism, sexism, sexual orientation, and cultural awareness Regular training and open discussions about discrimination can help employers develop a supportive work atmosphere where all employees feel valued and respected. ## Employee rights and actions Employees can report discrimination and seek legal advice if they believe they have been mistreated. Employees need to understand their rights and the legal framework that protects them from discrimination in the workplace. Awareness of the legal structure, including anti-discrimination laws and the Fair Work Act, can help employees comprehend their rights and take suitable action if they face discrimination. In the following sections, we will discuss the steps employees can take to report discrimination and seek legal advice. ### Reporting discrimination Reporting discrimination involves first addressing the issue through an anonymous workplace reporting tool, if available. Organisations should provide these tools to [empower employees to speak up](/articles/speak-up-culture) about issues such as harassment and discrimination. An anonymous reporting tool allows for the discreet disclosure of sensitive information, which is crucial in fostering safer and more inclusive workplaces. If reporting through internal channels does not lead to a satisfactory resolution, an employee may then seek out advice from external organisations such as the Australian Human Rights Commission or the Fair Work Ombudsman for assistance and advice about their rights. By reporting discrimination, employees can help create a safer and more inclusive work environment for themselves and their colleagues. ### Seeking legal advice Employees who believe they have experienced discrimination may seek legal advice from an employment lawyer or contact the Fair Work Ombudsman for assistance. Seeking legal advice can help employees comprehend their rights and the legal structure that shields them from workplace discrimination. Legal advice can help employees determine the best course of action to address and resolve the discrimination they have experienced. ## The impact of discrimination on workplace health and safety In conclusion, combating workplace discrimination is essential for promoting a safe, inclusive, and healthy work environment. Employers can foster a positive work atmosphere that benefits all employees by understanding and complying with the legal framework, developing and implementing effective anti-discrimination policies, handling complaints and investigations, and providing training and awareness programs. Employees also play a crucial role in reporting discrimination and seeking legal advice when necessary. Together, employers and employees can work towards a discrimination-free workplace that fosters productivity, employee satisfaction, and overall well-being. ## Summary Combating workplace discrimination is essential for promoting a safe, inclusive, and healthy work environment. By understanding and complying with the legal framework, developing and implementing effective anti-discrimination policies, handling complaints and investigations, and providing training and awareness programs, employers can foster a positive work atmosphere that benefits all employees.  [Whistleblowing software](/articles/whistleblowing-software) like Elker is critical in the early detection of workplace issues and for compliance with the positive duty in the Sex Discrimination Act. As underlined in the [Respect at Work](/articles/what-the-respect-at-work-bill-means-for-your-business) report, Employers must now work to eliminate sexual harassment and discrimination on the ground of sex from the workplace. If you'd like to find out how Elker can help your organisation reach compliance, [book a demo of the platform](/book-demo) today. ### Key takeaways - Discrimination covers the whole employment lifecycle: recruitment, pay, promotion, training, terms and conditions, and termination. It is not limited to a single moment. - Indirect discrimination does not require intent. A neutral-looking rule can be unlawful if it disproportionately disadvantages a protected group and cannot be shown to be reasonable. - Effective anti-discrimination policies need more than a statement of commitment. They need defined grounds, a reporting mechanism, an investigation process, consequences for violations, training, and regular review. - Employers should handle complaints with procedural fairness, thorough investigation, confidentiality to the extent possible, and documented findings. - An anonymous reporting channel lets workers raise issues discreetly, supports earlier detection, and helps employers meet the proactive prevention expectations introduced by the Respect at Work reforms. ## Frequently asked questions Workplace discrimination is treating an employee or job applicant unfavourably because of a [protected attribute](/articles/protected-attributes) such as race, sex, age, disability, pregnancy, religion, or family responsibilities. Both unfavourable treatment (direct discrimination) and neutral-looking rules that disadvantage a protected group (indirect discrimination) are unlawful. Direct discrimination is treating someone less favourably because of a protected attribute, for example, refusing to hire a qualified applicant because of their ethnicity. Indirect discrimination is applying a rule or practice that looks neutral but disadvantages people with a particular attribute, for example, an English-only workplace policy that disadvantages workers for whom English is a second language. Both are prohibited under Australian [anti-discrimination law](/articles/employment-discrimination-law). At the federal level: the Fair Work Act 2009, Sex Discrimination Act 1984, Racial Discrimination Act 1975, Disability Discrimination Act 1992, Age Discrimination Act 2004, and Australian Human Rights Commission Act 1986. Each state and territory also has its own equal opportunity or anti-discrimination statute that applies alongside the federal laws. Courts can impose fines of up to $82,500 per breach for a company and $18,780 for an individual. Employers can also be ordered to pay compensation and take remedial action. Establish a clear, documented process for resolving complaints and make sure employees feel safe using it. Respect cultural and racial differences, train managers to recognise exclusionary behaviour, and avoid race-based humour or pranks in the workplace. Conducting a [culture audit](/articles/culture-audit-guide) helps identify systemic issues, and building a diverse workforce, with inclusive onboarding and training, addresses root causes. Regularly review policies and procedures to check they work inclusively in day-to-day practice, beyond the words on the page. If you experience or witness discrimination, document the incident in detail, including dates, times, witnesses, and what was said or done. Raise the issue through your employer's internal reporting process or with a manager you trust. Where comments are made in the moment and it feels safe to do so, it can help to express your disagreement, point to relevant policies, and challenge the stereotype. If the behaviour continues or the internal response is inadequate, external complaint pathways through the Fair Work Ombudsman, Australian Human Rights Commission, or state anti-discrimination agencies remain available. The Fair Work Ombudsman helps safeguard employees from workplace discrimination by providing information on rights and obligations, investigating complaints, and, where warranted, taking legal action against employers who breach the Fair Work Act's anti-discrimination provisions. It works alongside the Australian Human Rights Commission and state or territory anti-discrimination agencies, which handle complaints under the federal and state discrimination Acts respectively. Start with a clear anti-discrimination policy covering grounds, reporting, investigation, and consequences. Provide regular training on rights, responsibilities, and unconscious bias. Give employees a safe, confidential way to raise concerns, an [anonymous reporting tool](/articles/anonymous-reporting-advantages-disadvantages) is often the single most effective step. Investigate every complaint promptly, maintain procedural fairness, and document outcomes. Supporting a speak-up culture helps issues surface early, before they escalate. ### Sources 1. Fair Work Act 2009 (Cth), anti-discrimination provisions 2. Sex Discrimination Act 1984 (Cth); Racial Discrimination Act 1975 (Cth); Disability Discrimination Act 1992 (Cth); Age Discrimination Act 2004 (Cth); Australian Human Rights Commission Act 1986 (Cth) 3. Diversity Council Australia, Racism at Work report (2022) 4. Australian Human Rights Commission, complaints and guidance on federal discrimination law 5. Fair Work Ombudsman, guidance on workplace discrimination _This article is general information only, not legal advice. Laws change and individual circumstances differ. For advice on your specific circumstances, consult a qualified legal practitioner. See our [Terms of Use](/policies/terms) for the full disclaimer._ ## You might also like --- url: https://elker.com/articles/employee-engagement-survey-questions title: "Employee Engagement Survey: Questions for Quality Insights" description: "Seeking an effective employee engagement survey strategy? Start with the right questions. Our guide presents key questions to propel your team's engagement." locale: en-AU generated: 2026-07-01T14:05:40.183Z --- Feb 26, 2024 # Employee Engagement Survey: Questions for Quality Workplace Insights 2024 [Cultural change](/blog/cultural-change) Seeking an effective employee engagement survey strategy? Start with the right questions. Our guide presents key questions to propel your team's engagement and unlock actionable insights. ![Employee engagement surveys: Questions for quality workplace insights](https://media.elker.com/3a95efcd-cb81-4c5b-b2c1-402b7085e872/employee-engagement-survey-guide.png?width=992) ByElker Editorial TeamReviewed byJack MurrayUpdated22 April 2026 **TL;DR** - An employee engagement survey is a structured way to collect feedback, measure engagement, and assess organisational culture. When done well, it surfaces staff concerns and needs, and supports improvements in work conditions, performance, customer retention, talent attraction, and employee retention. - Effective surveys use neutral, unbiased, and clear questions and mix question types (Likert scales, open-ended prompts, multiple choice) so organisations can gather both quantitative trends and rich qualitative insight. - A recommended cadence is short pulses four to five times a year, more formal surveys every six months, and an annual evaluation using a different measurement approach. Layering cadences tracks sentiment without survey fatigue. - Anonymity is what unlocks candour. Guaranteed anonymity stimulates higher participation rates, levels the playing field across positions and tenure, and lets employees share their true perceptions without fear of repercussions. - Good survey categories cover employee satisfaction, organisational alignment, future outlook, diversity and inclusion, psychological safety, work/life balance, company culture and values, trust in leadership, professional growth, autonomy, work impact, workplace connection, manager effectiveness, team dynamics, recognition and feedback, communication and resources, and meaning and purpose. ## What is an employee engagement survey? An employee engagement survey is a powerful way to collect feedback, measure employee engagement and [assess your organizational culture](/articles/culture-audit-guide). Highly engaged employees are good for business growth, productivity and the long-term success of your company. By asking the right employee engagement questions, you can understand the connection employees have to their workplace, their colleagues, and the organization's vision. These surveys provide invaluable insights into staff concerns and needs, empowering companies to make impactful changes based on [employee feedback](/articles/anonymous-employee-feedback). Conducting these surveys can lead to the following: - Improved work conditions - Boosted performance - Retained customers - Top talent attraction - Improved employee retention and reduced employee turnover ![Employee engagement survey guide: gathering insights for organisational change](https://media.elker.com/c3b27565-b32e-4205-9cb9-c019267bed66/employee-engagement-survey-guide.png?width=992) ## Crafting an effective employee engagement survey Creating the best employee engagement survey involves careful planning and attention to detail. Essential elements include crafting relevant questions, determining the optimal frequency and timing for the survey, and ensuring confidentiality to encourage candid responses. To fully leverage the potential of an effective employee engagement survey, plan to implement the following: - 4 to 5 times a year - with a combination of shorter assessments and more formal surveys every six months - an annual evaluation using a different measurement approach ### Selecting the right questions When formulating your employee engagement survey, it is crucial to develop neutral and clear questions to avoid introducing bias and ensure that respondents interpret them correctly. Including a variety of question types is also beneficial for gathering comprehensive insights into different aspects of the workplace environment, which can help identify opportunities for improvement and address key issues related to diversity, equity, and inclusion within the company. ### Survey delivery and anonymity Guaranteeing anonymity can stimulate higher participation rates and collect honest, meaningful responses that accurately reflect employee sentiment. This approach encourages a culture of openness and trust within the organisation, allowing employees to share their true perceptions and experiences without fear of repercussions. Anonymity ensures that all voices, regardless of position or tenure, are heard equally, contributing to a more democratic and inclusive assessment of the workplace environment. By fostering this level of candid feedback, employers can gain a deeper understanding of their workforce, leading to more targeted and effective organisational improvements. ![3 benefits of an employee engagement survey: infographic](https://media.elker.com/dbcfc143-cddd-430d-a577-617f791ad18a/employee-engagement-survey-3-benefits.png?width=992) ## Analysing employee engagement survey results Analysing the results of your employee engagement survey is like a chef tasting a dish before serving it. It's a crucial step in understanding what's working and what needs improvement. The process involves identifying trends, low-scoring areas, and opportunities for improvement. For a productive analysis, follow these steps: 1. Quantify the data - this is of utmost importance. 2. Segment the data for analysis. 3. Look out for patterns and trends. Don't just stop at the numbers - review comments and open-ended responses to uncover insightful trends and opportunities for improvement. Use these insights to drive meaningful organisational change and elevate your company's performance. ## Implementing Changes Based on Engagement Surveys Incorporating changes based on engagement surveys resembles a chef tweaking a recipe in response to feedback. It involves taking the insights from the analysis and putting them into action to drive positive change in the company. The first step is to communicate the results. Sharing critical findings with leaders and managers and focusing on 2-3 key survey themes can help guide your action plan. Next, to address areas of improvement, follow these steps: 1. Develop specific actions to address each area of improvement. 2. Set goals and deadlines for each action. 3. Follow up regularly to track progress and make adjustments as needed. Remember, implementing changes based on engagement surveys shows employees that their feedback is valued. This boosts participation in future surveys and enhances overall employee engagement. ## Examples of employee engagement survey questions ![How to understand your employees: employee satisfaction](https://media.elker.com/a9d19496-715c-4b60-af2e-5876f6f90a56/understand-employee-satisfaction.png?width=992) ### **Employee satisfaction** **Insights for employers**: This category reveals how content employees feel with their roles, the work environment, and the support they receive. Understanding satisfaction levels can help employers identify areas that positively or negatively affect employee morale and productivity, guiding improvements to enhance the overall work experience. **Example questions**: - How satisfied are you with the variety and nature of your work tasks? - Rate your satisfaction with the physical environment of your workplace. - How satisfied are you with the level of support you receive from the company to perform your job effectively? ![How to understand your employees: organisational alignment](https://media.elker.com/cd835d63-94c9-4fe4-8a22-c30ecc9e71e6/organisational-alignment.png?width=992) ### **Organisational alignment** **Insights for employers**: This category assesses employees' understanding of and alignment with the company's goals, values, and mission. Insights gained can highlight discrepancies between company objectives and employee perceptions, offering opportunities to improve communication and engagement strategies. **Example questions**: - How well do you understand the company's goals and how your role contributes to achieving them? - Do you feel the company's values are communicated and reflected in its practices? - On a scale of 1-10, how aligned do you feel with the company's mission in your daily work? ![How to understand your employees: Future outlook](https://media.elker.com/5aa59777-1290-4e2b-a19d-7a5570267129/future-outlook.png?width=992) ### **Future outlook** **Insights for employers**: This category explores the employees' perceptions of their career prospects and views on the company's future. Understanding these perspectives can help employers address concerns about career development and organisational stability. **Example questions**: - How optimistic are you about your career progression within the company? - Do you feel confident about the company's direction and its future success? - Based on its current trajectory, can you envision a long-term future for yourself at this company? ![Understand employees surveys: Diversity and inclusion](https://media.elker.com/8e073dd9-7120-445a-b601-84f61c4d56d7/diversity-inclusion.png?width=992) ### **Diversity and inclusion** **Insights for employers**: Reveals the effectiveness of diversity and inclusion initiatives and whether employees feel valued and respected regardless of their background. Insights can guide efforts to create a more inclusive culture that leverages diverse perspectives for innovation and problem-solving. **Example questions**: - How well do you think the company creates an inclusive workplace? - Do you feel comfortable being yourself at work without fear of judgment or bias? - Can you share an example of how the company celebrates or promotes diversity? - How confident are you in the organisation's process for reporting and addressing discrimination or harassment? - How well does our organisation promote an inclusive environment where diverse perspectives are valued and respected? - Can you provide examples of how our organisation supports diversity in leadership and decision-making roles? - Have you participated in any diversity and inclusion training or initiatives our organisation offers? If so, how impactful were they? - How accessible are our organisation's diversity and inclusion resources and support systems? ![Understand employee surveys: Psychological safety](https://media.elker.com/5f5976d6-e819-42d4-a1b6-aea44745c680/psychological-safety.png?width=992) ### Psychological safety **Insights for employers**: Assesses whether employees feel safe to express ideas, admit mistakes, and voice concerns without fear of retribution. This is crucial for fostering a safe and [compliant workplace](/articles/closing-loopholes), free from [serious misconduct](/articles/serious-misconduct) like [sexual harassment](/articles/5-risk-factors-for-sexual-harassment-in-the-workplace), [bullying](/articles/understanding-and-preventing-workplace-bullying) and [discrimination](/articles/discrimination-in-the-workplace). **Example questions:** - How safe do you feel in your workplace regarding your personal safety and the safety of your colleagues? - How supported do you feel by the organisation in [speaking up](/articles/speak-up-culture) if you have concerns about safety or unethical behaviour? - How effectively does your employer communicate workplace policies about acceptable behaviour and safety protocols? - How confident are you in your employer's efforts to minimise risks and prevent harm within the workplace? - Do you think your employer fosters a [mentally healthy workplace](/articles/mentally-healthy-workplace)? - If you witnessed behaviour contrary to the company's ethics or safety guidelines, how comfortable would you feel reporting it? - How well do you think the company responds to and manages reports of safety concerns or unethical behaviour? - If you raise a safety or ethical concern, how confident are you that your anonymity and security will be protected? - How frequently does your employer provide training or updates on safety procedures and ethical conduct? - Can you share an instance where you felt the company effectively demonstrated its commitment to maintaining a [psychologically safe workplace](/articles/psychosocial-hazards-at-work)? - How adequately do you feel the company prepares employees to handle situations that may compromise their safety or the safety of others? ![Understand employee surveys: Work-life balance](https://media.elker.com/4e9957ea-405b-4c6c-9a1e-f6d9097fb9a4/work-life-balance.png?width=992) ### Work/life balance **Insights for employers**: A good work-life balance leads to increased employee satisfaction and productivity. This section aims to delve into how employees juggle their professional duties with personal time. The insights we gather here are crucial, as they guide us in shaping policies that bolster employee well-being and act as a buffer against the all-too-common burnout. **Example questions**: - How would you rate your ability to maintain a healthy work-life balance with your current workload? - Has the company provided flexible working options to support your personal, out-of-work commitments? - Can you suggest improvements the company could make to better support employees' work-life balance? ![Understand employee surveys: Company culture and values](https://media.elker.com/144475c6-247c-49fa-8845-fd726f07660a/company-culture.png?width=992) ### Company culture and values **Insights for employers**: This category highlights how well employees understand and embody the company's culture and core values. Understanding this alignment is crucial for employers as it directly impacts employee engagement, loyalty, and productivity. Insights gathered can help identify gaps between the company's stated values and its operational reality, guiding strategies to reinforce culture, enhance alignment, and foster a more cohesive and motivated workforce. **Example questions**: - How well do you think our company's actions reflect its core values? - Can you give an example of how our company culture has positively influenced your work or team? - Do you feel encouraged to make decisions that align with the company's core values? Why or why not? - How could we improve our organization's culture to better reflect our core values? - How does the company support you in understanding and integrating its core values into your daily work? ![Understand employee surveys: Trust in the company's leadership](https://media.elker.com/5613eed7-6ca3-497e-ae74-621b6b445d60/trust-leadership.png?width=992) ### Trust in the company's leadership **Insights for employers**: This category explores employees' trust in and perceptions of the organisation's leadership, including their effectiveness in guiding the company, making strategic decisions, and embodying its values. Understanding the level of trust in leadership is critical for employers because it influences employee engagement, job satisfaction, and organisational loyalty. Insights can highlight areas where leaders excel and identify opportunities for improving communication, transparency, and leadership practices to strengthen organisational trust. **Example questions**: - How confident are you in the leadership team's vision and direction for the company? - Do you believe our leaders make decisions in the best interest of both employees and the company? - Can you provide an example of how a leader in our organisation demonstrated integrity and transparency? - How effectively do you feel the leadership team communicates important decisions and changes to the employees? - How could our leadership improve to better support and engage with the employees? ![Understand employee surveys: Professional growth and career development](https://media.elker.com/f2037c45-4356-41d8-9601-c2b37338b73b/career-development.png?width=992) ### Professional growth and career development opportunities **Insights for employers**: This category measures your employees' career aspirations and how well the company does to support career growth. Insights gathered here can pinpoint areas where the company might bolster its career development efforts to ensure employees see a long-term future for themselves within the organisation. **Example questions**: - How satisfied are you with your professional development opportunities within our organisation? - Do you feel that the company supports your career growth and advancement? Please explain. - How have recent training or development programs impacted your professional skills or career path? - What additional training or development opportunities would you like to see offered by the company? - How clear and accessible do you find the information regarding career advancement within our organisation? ![Understand employee surveys: Autonomy in the workplace](https://media.elker.com/91dde02d-c009-40bc-8052-93da6292c965/autonomy.png?width=992) ### Autonomy **Insights for employers**: This category examines employees' perceptions of their autonomy at work, focusing on the amount of freedom they have over their tasks and decision-making. Insights from this area can show how the company's structure and culture support or hinder autonomous work and where increasing autonomy could boost efficiency and engagement. **Example questions**: - How much freedom do you feel you have in making decisions related to your work tasks? - Can you describe a situation where you felt empowered to take initiative in your role? - Do you feel the company's policies and management style support your ability to work autonomously? - What changes, if any, could enhance your sense of autonomy in your role? - How does the level of autonomy you experience affect your satisfaction and productivity at work? ![Understand employee surveys: Work impact](https://media.elker.com/d3b15d66-9a19-4196-8fc7-d382d223de20/work-impact.png?width=992) ### Work impact **Insights for employers**: This category explores how employees perceive the significance and impact of their work within the team and the broader organisation. Insights gained can help employers recognise and communicate the value of individual contributions more effectively, ensuring employees feel integral to the organisation's success and are more invested in their roles. **Example Questions**: - How do you perceive the impact of your work on the team and the organisation as a whole? - Can you share a recent project or task where you felt your contribution made a significant difference? - Do you feel that the organisation recognises and values your efforts and contributions? - How do you think the organisation could better highlight and utilise individual contributions? - How does understanding your work's impact influence your motivation and engagement with your role? ![Understand employee surveys: Workplace connection](https://media.elker.com/b4552cec-c7f5-4437-ada0-a24d39fcc533/workplace-connection.png?width=992) ### Workplace connection **Insights for employers**: This category assesses the strength of employees' relationships and sense of belonging with their coworkers, teams, and the company. Insights from this area can help identify opportunities to strengthen interpersonal relationships, enhance team dynamics, and foster a more inclusive and supportive company culture. **Example questions**: - How connected do you feel to your coworkers and team members professionally and personally? - Can you describe how the company culture influences your sense of belonging and connection within the workplace? - What activities or practices have you found most effective in building connections with your colleagues? - Are there areas where you think the company could improve to foster stronger connections among employees? - How does your sense of connection with the workplace impact your daily job satisfaction and overall well-being? ![Understand employee surveys: Manager effectiveness](https://media.elker.com/ce8d5a15-5911-44c9-a641-042719eb918f/workplace-effectiveness.png?width=992) ### Manager effectiveness **Insights for employers**: This category is about the employees' perceptions of their managers' support, communication skills, and overall leadership effectiveness. Insights obtained can highlight strengths and areas for improvement in management practices, guiding targeted development and training programs for managers to support their teams better. **Example questions**: - How would you rate your manager's ability to communicate clearly and effectively? - Can you explain how your manager has supported your professional development? - Do you feel your manager effectively leads the team towards achieving its goals? Why or why not? - How could your manager improve their support and leadership of the team? - How does your manager's effectiveness influence your motivation and engagement at work? ![Understand employee surveys: Team dynamics](https://media.elker.com/b407c7a1-ef78-4cd8-a826-586813fabe1b/team-dynamics.png?width=992) ### Team dynamics **Insights for employers**: This category evaluates how well teams within the organisation communicate, collaborate, and work towards shared objectives. Insights from this area can help identify successful practices and areas where teams may need support or intervention to improve their cohesion and performance. **Example questions**: - How would you describe the level of collaboration and communication within your team? - Can you share an example where your team effectively worked together to achieve a goal? - Do you feel all team members are aligned with and committed to the team's objectives? - What challenges does your team face working together effectively, and how could these be addressed? - How could the organisation further support your team in enhancing its dynamics and achieving its goals? ![Understand employee surveys: Recognition and feedback](https://media.elker.com/73941f0f-8f3b-4acb-9a57-f6a4de88d4bc/recognition-feedback.png?width=992) ### Recognition and feedback **Insights for employers**: This category examines the practices surrounding the giving, receiving, and perception of recognition and feedback within the organisation. Insights gained can identify strengths in current practices and areas needing enhancement to ensure feedback and recognition are meaningful, timely, and effective in fostering a positive work environment. **Example questions**: - How frequently and effectively do you receive feedback on your work performance? - Can you describe a recent instance where you felt genuinely recognised for your contributions? - Do you believe the current system of recognition and feedback within the organisation is fair and unbiased? - What form of recognition do you find most motivating and why? - How could your team or the organisation improve the process of giving and receiving feedback? ![Understand employee surveys: Communication and resources](https://media.elker.com/57730ef4-9456-4247-ab69-d35355851cc9/communication-resources.png?width=992) ### Communication and resources **Insights for employers**: This category assesses how effectively information is communicated within the organisation and the accessibility of resources necessary for employees to perform their roles. Insights from this area can help identify communication gaps and resource needs, guiding improvements to support systems and information dissemination strategies. **Example questions**: - How would you rate the clarity and consistency of communication from leadership and within your team? - Is it easy to access the resources and information needed to do your job effectively? - Can you identify any areas where communication breakdowns tend to occur and suggest improvements? - How informed are you about changes and updates that affect your work or the organisation as a whole? - What additional resources or tools would help you perform your job better? - Are you aware of the company policies, like the [whistleblowing](/articles/what-is-whistleblowing) policy? ![Understand employee surveys: Meaning and purpose](https://media.elker.com/5ffe70a1-4aa9-4e8d-85ad-1e505d9804f1/meaning-purpose.png?width=992) ### **Meaning and purpose** **Insights for employers**: This category explores how employees perceive the significance and purpose of their work, assessing whether they find their roles engaging and meaningful. Insights gained can highlight how well the organisation's mission aligns with employees' values and identify opportunities to enhance job enrichment and alignment with organisational goals. **Example questions**: - Do you feel your work contributes meaningfully to the organisation's mission and goals? - How connected are you to the purpose behind your daily tasks and overall role? - Can you share a moment when you felt particularly proud or fulfilled by your work? - How could the organisation help employees feel more engaged and find deeper meaning in their work? - How does the sense of purpose in your work influence your motivation and job satisfaction? ## Summary Elker is an important tool for organisations seeking to enhance employee engagement and workplace culture through pulse surveys and anonymous reporting. By facilitating a secure and confidential avenue for feedback, Elker enables businesses to gather meaningful insights into the employee experience. This not only aids in identifying areas for improvement but also empowers organisations to implement actionable changes that contribute to the health of the business and the safety of its employees. Utilizing Elker's capabilities, companies can proactively address concerns ranging from operational inefficiencies to [safety issues](/articles/industrial-manslaughter), fostering an environment where transparency and trust are paramount. The platform's emphasis on anonymity ensures that employees feel safe to share their honest feedback, leading to a more accurate understanding of workplace dynamics and employee needs. Through Elker, organisations can create a stronger, more engaged workforce committed to driving success and maintaining a positive, secure work environment. See how Elker can benefit your business.  [Book a demo](/book-demo) of the platform. ### Key takeaways - Analysis is where most engagement surveys fall down. Quantify the data, segment it by team, tenure, and demographics, look for patterns and outliers, and read every open-ended comment. Numbers without narrative are rarely actionable. - Share critical findings with leaders and managers and narrow focus to two or three key themes when building the action plan. Trying to address everything at once is how initiatives stall. - For each area of improvement, develop specific actions, set goals and deadlines, and follow up regularly on progress. Visible follow-through is what converts feedback into future participation. - Psychological safety questions double as a compliance signal. Employee responses on how safe they feel reporting unethical behaviour or safety concerns are directly relevant to the Australian [positive duty](/articles/7-standards-positive-duty-sex-discrimination-act) and broader psychosocial risk obligations. - Engagement surveys and always-on speak-up channels are complementary. Surveys capture aggregate sentiment; [speak-up channels](/articles/anonymous-employee-feedback) capture specific concerns that are too sensitive, urgent, or individual to wait for the next survey round. ## Frequently asked questions The best questions elicit honest, specific feedback across several dimensions of the employee experience: job satisfaction, alignment with company values, career development, work/life balance, team dynamics, [psychological safety](/articles/psychologically-safe-workplace), manager effectiveness, and meaning and purpose. Mix Likert-scale questions for trend tracking with open-ended prompts that invite employees to describe their experience in their own words. Keep wording neutral and unbiased. The strongest insights come from questions that explore satisfaction, motivation, and willingness to recommend the organisation as a place to work (the classic "employee net promoter" style question). Combine these with items on psychological safety, manager effectiveness, recognition, and whether employees see a future at the company. Questions framed around behaviour and recent experience tend to outperform abstract attitude questions, because they anchor the response in something concrete the employee has actually observed. Use a combination of quantitative and qualitative questions to capture both the score and the story behind it. Quantitative items (Likert scales on satisfaction, alignment, and intent to stay) give you trend data you can track over time. Open-ended questions add context, surface issues averages would hide, and explain why scores move. Segment results by team, tenure, and demographics so you can see where engagement is genuinely strong and where it is being propped up by outliers. Pair the survey with always-on [speak-up channels](/articles/anonymous-employee-feedback) for specific concerns that cannot wait for the next round. A good structure includes a short introduction explaining the purpose and confidentiality of the survey, a demographics section (role, tenure, team), core engagement questions covering key categories, open-ended and Likert-scale questions, a brief outro, and a documented follow-up plan. Structure helps respondents and gives the analysis team a clear path to action. A layered cadence works best: short pulse surveys four to five times per year, more formal surveys every six months, and an annual evaluation using a different measurement approach. Regular intervals let you track sentiment changes without overwhelming employees or inviting survey fatigue. Frame every question neutrally, without personal opinions or leading language, and avoid loaded terms or implied correct answers. Pilot the survey with a small group before sending it widely, and test whether employees interpret each question the way you intended. Biased questions produce biased data. Quantify the data first, then segment by team, tenure, and demographics to surface patterns that averages would hide. Look for outliers and trends, read open-ended responses for context, and share two to three priority themes with leaders and managers. For each theme, set specific actions, assign owners, set deadlines, and report back on progress before the next round. Use the survey alongside always-on [speak-up channels](/articles/speak-up-culture) to capture both aggregate trends and individual concerns. ### Sources 1. Safe Work Australia, Model Code of Practice: Managing psychosocial hazards at work (2022) 2. Sex Discrimination Act 1984 (Cth), positive duty provisions 3. Australian Human Rights Commission, Guidelines for Complying with the Positive Duty under the Sex Discrimination Act 1984 (Cth) 4. Privacy Act 1988 (Cth) and Privacy Act 2020 (NZ) 5. WorkSafe New Zealand, guidance on worker engagement, participation, and representation 6. Fair Work Ombudsman, Best practice guides on effective dispute resolution and consultation _This article is general information only, not legal advice. Laws change and individual circumstances differ. For advice on your specific circumstances, consult a qualified legal practitioner. See our [Terms of Use](/policies/terms) for the full disclaimer._ ## You might also like --- url: https://elker.com/articles/employment-discrimination-law title: "Employment Discrimination Law in Australia - Elker" description: "Discover how Elker's anonymous reporting platform can help your organisation comply with anti-discrimination laws and create a more inclusive workplace culture." locale: en-AU generated: 2026-07-01T14:05:40.237Z --- Jun 20, 2024 # Employment Discrimination Law in Australia: Rights and Protections [Compliance](/blog/compliance)[Reporting](/blog/reporting) Australia has a robust framework of anti-discrimination laws designed to protect employees from unlawful discrimination in the workplace. These laws ensure that all workers are treated fairly and have equal access to employment opportunities, regardless of their personal characteristics. Understand the laws to maintain a safe, inclusive work environment. ![Anti-discrimination laws and rights in Australia: a guide for employers](https://media.elker.com/863a9dba-cd3b-425b-bdf9-22ac535ca91e/employment_discrimination_law_australia_1.png?width=992) ByElker Editorial TeamReviewed byJack MurrayUpdated22 April 2026 **TL;DR** - Employment discrimination in Australia covers direct discrimination, indirect discrimination, harassment, and bullying, all of which can be unlawful when linked to a protected attribute. - Five federal Acts govern the area: the Fair Work Act 2009, Sex Discrimination Act 1984, Racial Discrimination Act 1975, Disability Discrimination Act 1992, Age Discrimination Act 2004, and the Australian Human Rights Commission Act 1986. Each state and territory has its own anti-discrimination statute that adds further protected attributes and complaint pathways. - The Fair Work Act prohibits adverse action (dismissal, demotion, reduced hours, unfavourable terms, refusal to hire) against employees and job applicants because of a protected attribute. - Since December 2023 employers have been subject to a **positive duty** under the Sex Discrimination Act to take reasonable and proportionate measures to eliminate sex discrimination, sexual harassment, and victimisation. - Complaints to the Australian Human Rights Commission must generally be made within 12 months of the alleged conduct. State and territory agencies typically allow 12 to 24 months. Fair Work Commission dismissal applications are much tighter at 21 days. ## What is discrimination in the workplace? Unlawful discrimination occurs when an employee or job applicant is treated less favourably due to certain personal characteristics, such as their race, sex, age, disability, or sexual orientation. Discrimination can take many forms, including direct and indirect discrimination, harassment and bullying. Direct discrimination happens when a person is treated less favourably than others because of a protected attribute. For example, if an employer refuses to hire someone based on their religious beliefs, this would constitute direct discrimination. Indirect discrimination occurs when a workplace policy, practice, or rule appears neutral but disadvantages people with a particular protected attribute. For instance, requiring all employees to work rotating night shifts may indirectly discriminate against employees with family responsibilities, who are more likely to be women. Harassment and bullying are other forms of unlawful discrimination that involve unwanted behaviour that offends, humiliates, or intimidates a person because of a protected attribute. [Sexual harassment](/articles/5-risk-factors-for-sexual-harassment-in-the-workplace), which includes unwelcome sexual advances, requests for sexual favours, or other conduct of a sexual nature, is a common form of harassment in the workplace. Bullying may also be considered unlawful under occupational health and safety laws. ## Protected attributes in the Fair Work Act 2009 The Fair Work Act 2009 prohibits discrimination against employees and prospective employees based on several [protected attributes](/articles/protected-attributes): - **Race:** Includes colour, descent, national or ethnic origin, or immigrant status. - **Sex:** Covers both biological sex and gender identity. - **Sexual orientation:** Includes heterosexuality, homosexuality, and bisexuality. - **Age:** Protects both younger and older workers from discrimination. - **Physical or mental disability:** Includes temporary and permanent disabilities, and perceived disabilities. - **Marital status:** Covers single, married, divorced, and de facto relationships. - **Family or carer's responsibilities:** Includes responsibilities to care for children or other family members. - **Pregnancy:** Protects employees from discrimination due to pregnancy or potential pregnancy. - **Religion:** Covers religious beliefs, activities, and observances. - **Political opinion:** Protects employees from discrimination based on their political views or affiliations. - **National extraction:** Refers to a person's nationality or citizenship. - **Social origin:** Includes a person's socio-economic background, social class, or caste. In addition to the attributes protected under the Fair Work Act, the Australian Human Rights Commission Act adds a further protected attribute: - **Irrelevant criminal record** (known as the inherent requirements exception): An employee's criminal history should not affect their employment opportunities if it has no bearing on their ability to perform the inherent requirements of the job Employers must not take adverse action against employees or prospective employees because of these protected attributes. Doing so may result in legal consequences, including penalties and damages. ## Adverse action Adverse action is any action that negatively affects an employee's position or employment conditions. Examples of adverse action include: - Dismissing an employee - Treating an employee differently than others - Demoting an employee to a lower position - Refusing to hire a job applicant - Reducing an employee's hours or shifts - Offering a prospective employee less favourable terms and conditions compared to other employees Taking adverse action against an employee because of a protected attribute is unlawful under the Fair Work Act 2009. Employers who engage in such conduct may face legal consequences, including penalties and damages. ## Anti-discrimination laws in Australia In addition to the protections provided by the Fair Work Act 2009, Australia has several federal discrimination laws that prohibit discrimination in various areas of public life, including employment, education, and the provision of goods and services. These laws are enforced by the Australian Human Rights Commission (AHRC) and aim to promote equality and fair treatment for all individuals. ### Age Discrimination Act 2004 The Age Discrimination Act 2004 prohibits discrimination against individuals based on their age in employment, education, and other areas of public life. This law protects younger and older workers from being treated less favourably due to age. Employers must not discriminate against employees or job applicants because of their age unless age is a genuine occupational requirement. Employers should ensure that their recruitment processes, employment policies, and workplace practices do not discriminate against individuals based on age. This includes avoiding age-based stereotypes or assumptions in job advertisements, interviews, and promotion decisions. ### Disability Discrimination Act 1992 The Disability Discrimination Act 1992 prohibits discrimination against individuals with disabilities in employment, education, and other areas of public life. This law covers a wide range of disabilities, including physical, intellectual, sensory, and psychiatric disabilities. Employers must make reasonable adjustments to accommodate employees with disabilities unless doing so would cause unjustifiable hardship. Employers should ensure that their workplace is accessible and inclusive for employees with disabilities. This may involve physical modifications to the workplace, providing assistive technology, or offering flexible working arrangements. ### Racial Discrimination Act 1975 The Racial Discrimination Act 1975 prohibits discrimination against individuals based on race, colour, descent, national or ethnic origin, or immigrant status. This law applies to employment, education, and other areas of public life. Employers must not discriminate against employees or job applicants because of their race or cultural background. Employers should foster a workplace [culture](/articles/speak-up-culture) that values diversity and inclusion, and take steps to prevent racial discrimination and harassment. This may include providing cultural awareness training for employees, establishing clear policies against racial discrimination, and promptly addressing any incidents of racism in the workplace. ### Sex Discrimination Act 1984 The Sex Discrimination Act 1984 prohibits discrimination against individuals based on sex, sexual orientation, intersex status, gender identity, marital or relationship status, pregnancy, breastfeeding, or family responsibilities. This law applies to employment, education, and other areas of public life. Employers must not discriminate against employees or job applicants based on these attributes. From December 2023, amendments to the Sex Discrimination Act have introduced a [positive duty](/articles/7-standards-positive-duty-sex-discrimination-act) for employers to take reasonable and proportionate measures to eliminate sex discrimination, sexual harassment, and [victimisation](/articles/what-is-unlawful-victimisation-in-the-workplace), as far as possible. This means that employers must proactively assess and address the risk factors for these behaviours in their workplace, rather than simply responding to complaints as they arise. Employers should review their policies, procedures, and training programs to ensure compliance with the Sex Discrimination Act and the new positive duty obligations. This may involve conducting regular workplace assessments, implementing [anonymous reporting](/articles/anonymous-reporting-advantages-disadvantages) software, and providing training on [respectful workplace behaviour](/articles/respect-in-the-workplace). ### Australian Human Rights Commission Act 1986 The Australian Human Rights Commission Act 1986 establishes the AHRC as an independent statutory body responsible for promoting and protecting human rights in Australia. The AHRC can investigate complaints of discrimination and human rights breaches under federal anti-discrimination laws. The Act also prohibits discrimination based on an individual's criminal record, where the record is irrelevant to the job requirements. Employers should be aware that the AHRC can investigate complaints of discrimination and human rights breaches in the workplace, and that they may be liable for the actions of their employees. Employers should take steps to prevent discrimination and harassment in the workplace and respond promptly and appropriately to complaints. ### State and Territory anti-discrimination laws In addition to federal anti-discrimination laws, each Australian state and territory has anti-discrimination legislation. These laws often cover additional attributes not protected under federal law and have different complaint-handling processes and remedies available. While federal and state/territory laws generally overlap and prohibit the same types of discrimination, there are some differences. For example, the Victorian Equal Opportunity Act 2010 includes "employment activity" as a protected attribute, making it unlawful to discriminate against an employee for making a reasonable request about their employment entitlements. The Australian Capital Territory's Discrimination Act 1991 prohibits discrimination based on "profession, trade, occupation or calling," which is not covered under federal law. Another key difference is how certain protected attributes are defined. For instance, the definition of "disability" may vary between jurisdictions, with some state laws providing broader coverage than the federal Disability Discrimination Act 1992. The South Australian Equal Opportunity Act 1984 includes "chosen gender" as a protected attribute, which is not explicitly covered under the federal Sex Discrimination Act 1984. Complaint-handling processes and available remedies may also differ between state and federal laws. In some states, complaints of discrimination must first be lodged with the state anti-discrimination agency before proceeding to a tribunal or court. Under federal law, complaints are initially handled by the Australian Human Rights Commission, which attempts to resolve the matter through conciliation before the complaint can be taken to the Federal Court or Federal Circuit Court. The remedies available may also vary, with some state laws allowing for the imposition of fines or other penalties in addition to compensation orders. Employers must be aware of both federal and state/territory anti-discrimination laws and ensure compliance with all applicable legislation. It is essential to understand the specific protected attributes, complaint-handling processes, and available remedies in each jurisdiction to prevent and address discrimination in the workplace. ## Handling complaints of discrimination Employers should have a clear and well-communicated process for handling complaints of discrimination in the workplace. This process should be outlined in the company's anti-discrimination policy and should be easily accessible to all employees. When an employee makes a complaint of discrimination, the employer should take the following steps: 1. Acknowledge the complaint promptly and treat it seriously. 2. Investigate the complaint thoroughly and impartially, maintaining confidentiality to the extent possible. 3. Interview the complainant, the alleged perpetrator, and any witnesses, and gather relevant evidence. 4. Make a determination based on the evidence and take appropriate action, which may include disciplinary measures against the perpetrator if the complaint is substantiated. 5. Communicate the outcome of the investigation to the complainant and the alleged perpetrator. 6. Take steps to prevent future incidents of discrimination, such as providing training or updating policies. Employers should also be aware of the time limits for lodging complaints with external agencies. Under federal law, complaints must generally be made to the Australian Human Rights Commission within 12 months of the alleged discrimination occurring. Time limits for state and territory agencies vary but are typically between 12 and 24 months. If an employee is not satisfied with the outcome of an internal complaint process, they may choose to lodge a complaint with an external agency such as the Fair Work Ombudsman, the Australian Human Rights Commission, or their state or territory anti-discrimination agency. Employers should cooperate fully with any external investigations and provide all relevant information and evidence. ## Vicarious liability and employer responsibilities Vicarious liability means that employers can be held liable for the discriminatory actions of their employees or agents, even if the employer did not directly engage in the discriminatory behaviour. This means that an employer may be legally responsible for discrimination committed unless the employer can show that they took all reasonable steps to prevent the discrimination from occurring. To avoid vicarious liability, employers must take proactive steps to prevent discrimination in the workplace. This includes: - Developing and implementing a comprehensive anti-discrimination policy that clearly outlines the types of behaviour that are prohibited and the consequences for breaching the policy. - Providing regular training to employees on their rights and responsibilities under anti-discrimination laws, and on how to identify and report discriminatory behaviour. - Establishing a clear complaint-handling process and ensuring that all complaints are taken seriously and investigated promptly and impartially. Implementing an [anonymous reporting tool](/features), such as Elker, can detect discriminatory behaviour early and safeguard an organisation from costly litigation. - Taking appropriate disciplinary action against employees who engage in discriminatory behaviour. - Regularly surveying and gathering feedback from employees and taking proactive steps to address any issues that arise. - Providing support and assistance to employees who experience discrimination, such as flexible work arrangements. Employers should also be aware of their positive duty to eliminate discrimination, harassment, and victimisation under the Sex Discrimination Act 1984. This means that employers must take reasonable and proportionate measures to prevent these behaviours from occurring in the first place, rather than simply responding to complaints when they arise. ## More information [Australian Human Rights Commission](https://humanrights.gov.au/complaints) [Fair Work Ombudsman](https://www.fairwork.gov.au/workplace-problems/fixing-a-workplace-problem/get-our-help-with-your-workplace-issue) For information on complaints in each state and territory, visit: - ACT: [ACT Human Rights Commission](https://www.hrc.act.gov.au/) - NSW: [Anti-Discrimination Board of New South Wales](https://antidiscrimination.nsw.gov.au/) - NT: [Northern Territory Anti-Discrimination Commission](https://adc.nt.gov.au/) - QLD: [Anti-Discrimination Commission Queensland](https://www.qhrc.qld.gov.au/) - SA: [Equal Opportunity Commission - South Australia](https://www.equalopportunity.sa.gov.au/) - TAS: [Office of the Anti-Discrimination Commissioner - Tasmania](https://www.antidiscrimination.tas.gov.au/) - VIC: [Victorian Equal Opportunity and Human Rights Commission](https://www.humanrights.vic.gov.au/) - WA: [Equal Opportunity Commission - Western Australia](https://www.wa.gov.au/organisation/equal-opportunity-commission). ![Anti-discrimination laws and rights in Australia: anonymous reporting in the workplace](https://media.elker.com/11e4cd85-85fa-4cb0-8eea-0b05b908846c/employment_discrimination_law_australia_2.png?width=992) ## Summary Elker's anonymous [reporting platform](/use-cases/businesses) is a powerful tool for organisations looking to proactively address discrimination and other workplace issues. By providing employees with a secure and confidential channel to report concerns, Elker helps organisations identify and resolve problems before they escalate. With features like real-time analytics, customisable workflows, and third-party legal assistance, Elker is the comprehensive solution for managing workplace complaints and promoting a culture of respect and equality. Book a demonstration today to see how Elker can help your organisation comply with anti-discrimination laws and create a safer, more inclusive workplace. ### Key takeaways - Australian employment discrimination law is layered: federal and state/territory statutes both apply, so employers operating across jurisdictions need to comply with all of them. - State laws sometimes protect attributes that federal law does not, for example, Victoria recognises "employment activity", the ACT protects "profession, trade, occupation or calling", and South Australia includes "chosen gender". - Employers are vicariously liable for discriminatory conduct by their employees unless they can show they took all reasonable steps to prevent it. This makes prevention infrastructure (policies, training, reporting, investigation) central to managing legal risk. - Complaint time limits vary significantly between jurisdictions and pathways. Workers and employers should seek advice early. - An anonymous reporting channel helps employers detect discriminatory behaviour before it escalates into complaints or litigation, supporting both the positive duty and the "all reasonable steps" defence. ## Frequently asked questions Direct discrimination is treating a person less favourably because of a protected attribute, for example, refusing to hire someone because of their religion. Indirect discrimination is applying a rule that looks neutral but disproportionately disadvantages a protected group, for example, requiring all employees to work rotating night shifts in a way that disadvantages workers with family responsibilities. Both are unlawful, and indirect discrimination does not require proof of intent. The Fair Work Act prohibits discrimination on the basis of race, colour, sex, sexual orientation, age, physical or mental disability, marital status, family or carer's responsibilities, pregnancy, religion, political opinion, national extraction, social origin, breastfeeding, gender identity, intersex status, and experiencing family and domestic violence. These are the attributes covered under Part 3-1 general protections. For the full list and how it interacts with state law, see our article on [protected attributes](/articles/protected-attributes). The Fair Work Act 2009 (general protections and adverse action), the Sex Discrimination Act 1984, the Racial Discrimination Act 1975, the Disability Discrimination Act 1992, the Age Discrimination Act 2004, and the Australian Human Rights Commission Act 1986. Each state and territory also has its own equal opportunity or anti-discrimination statute. Adverse action is any action that negatively affects an employee's position or employment conditions, including dismissal, demotion, reduced hours, differential treatment, unfavourable terms, or refusing to hire an applicant. Taking adverse action against a worker because of a protected attribute is unlawful under Part 3-1 of the Fair Work Act 2009. Since December 2023, employers have been required to take reasonable and proportionate measures to eliminate sex discrimination, sexual harassment, sex-based harassment, hostile work environments on the basis of sex, and victimisation. The Australian Human Rights Commission has enforcement powers including inquiries, compliance notices, and Federal Court applications. For the regulator's framework, see our guide to the [seven standards](/articles/7-standards-positive-duty-sex-discrimination-act). An equal remuneration order is an order made by the Fair Work Commission to ensure that employees receive equal remuneration for work of equal or comparable value, regardless of gender. It is one of the tools available under the Fair Work Act to address the gender pay gap, alongside broader obligations under the Sex Discrimination Act and the Workplace Gender Equality Act. Applications can be brought by affected employees, unions, or the Sex Discrimination Commissioner. Yes. Employees experiencing family and domestic violence have the right to request flexible working arrangements to help manage their situation and maintain their safety. The request provisions sit in the National Employment Standards under the Fair Work Act. Employers must give reasonable consideration to the request and can only refuse on reasonable business grounds, and must respond in writing with the reasons. Family and domestic violence is itself a protected attribute under Part 3-1 adverse action provisions. Time limits depend on the pathway. Fair Work Commission general protections applications involving dismissal must be lodged within 21 days. Complaints under the federal discrimination Acts must generally be made to the Australian Human Rights Commission within 12 months of the alleged conduct. State and territory agencies typically allow between 12 and 24 months. Because the limits are short, workers should seek advice quickly. ### Sources 1. Fair Work Act 2009 (Cth), Part 3-1, General protections and adverse action 2. Sex Discrimination Act 1984 (Cth), as amended by the Anti-Discrimination and Human Rights Legislation Amendment (Respect at Work) Act 2022 3. Racial Discrimination Act 1975 (Cth); Disability Discrimination Act 1992 (Cth); Age Discrimination Act 2004 (Cth) 4. Australian Human Rights Commission Act 1986 (Cth) 5. State and territory equal opportunity and anti-discrimination Acts 6. Australian Human Rights Commission, complaints guidance and positive duty materials _This article is general information only, not legal advice. Laws change and individual circumstances differ. For advice on your specific circumstances, consult a qualified legal practitioner. See our [Terms of Use](/policies/terms) for the full disclaimer._ ## You might also like --- url: https://elker.com/articles/ethics-hotline title: "How to Set Up an Ethics Hotline | Elker" description: "Explore the key considerations for setting up an effective ethics hotline and how digital solutions can help organisations manage risk." locale: en-AU generated: 2026-07-01T14:05:40.297Z --- Apr 1, 2024 # How to Set Up an Ethics Hotline – Best Practice for Managing Integrity [Reporting](/blog/reporting)[Compliance](/blog/compliance)[Cultural change](/blog/cultural-change) Ethics hotlines have become an essential tool for organisations committed to fostering a culture of integrity and transparency. In this article, we'll explore the key considerations for setting up an effective ethics hotline and how digital solutions can help organisations manage risk proactively. ![Setting up a digital ethics hotline: safeguarding integrity with anonymous reporting](https://media.elker.com/5ce82b05-f783-40bb-b422-818f9103084f/ethics_hotline_1.png?width=992) ByElker Editorial TeamReviewed byJack MurrayUpdated22 April 2026 **TL;DR** - An ethics hotline (also known as a compliance hotline or whistleblower hotline) is a confidential reporting channel that lets employees raise concerns about unethical, illegal, or improper conduct inside their organisation. Modern hotlines span web forms, mobile apps, email, secure messaging, and phone. - Research by the Association of Certified Fraud Examiners found that organisations with hotlines detected fraud 33 per cent faster and experienced 16 per cent lower losses than those without, making the hotline one of the highest-return controls in an integrity programme. - Ethics hotlines and compliance hotlines overlap heavily. Ethics hotlines lean toward code-of-conduct issues like [discrimination](/articles/discrimination-in-the-workplace), harassment, and unethical business practices, while compliance hotlines focus on regulatory and legal obligations. Most organisations run them as a single combined system. - Setting one up well requires six elements: a clear whistleblowing policy, a customisable digital platform, communication and training for employees and managers, multiple accessible reporting channels, impartial investigation protocols, and data-driven continuous improvement. - Hotlines support compliance with several Australian and New Zealand regimes including the Corporations Act 2001 (Cth) Part 9.4AAA whistleblower protections, the [positive duty under the Sex Discrimination Act](/articles/7-standards-positive-duty-sex-discrimination-act), and the aged care and Respect@Work reforms. ## What is an ethics hotline? An ethics hotline (also known as a compliance hotline or whistleblower hotline) is a confidential reporting mechanism that allows employees to raise concerns about unethical, illegal, or improper conduct within their organisation. While traditionally associated with phone-based reporting, modern ethics hotlines have evolved to encompass a range of digital reporting channels, making it easier than ever for individuals to voice their concerns. The primary purpose of an ethics hotline is to provide a safe and accessible platform for reporting issues that might otherwise go unnoticed or unreported. By ensuring confidentiality and anonymity, ethics hotlines empower individuals to speak up about potential wrongdoing without fear of retaliation. Research has shown that organisations with effective hotlines experience less [misconduct](/articles/dealing-with-workplace-misconduct) and are better equipped to detect and address issues early. A study by the Association of Certified Fraud Examiners found that companies with hotlines detected fraud 33% faster and experienced 16% lower losses than those without. ### Importance in maintaining ethical workplace conduct Ethics hotlines play a crucial role in maintaining ethical conduct within the workplace. By providing a clear channel for reporting concerns, these systems: - Demonstrate an organisation's commitment to ethical behaviour - Encourage transparency and accountability at all levels of the company - Help identify and address potential issues before they escalate - Foster a culture of trust and integrity among employees From a risk management perspective, ethics hotlines serve as an early warning system, enabling organisations to detect potential misconduct and noncompliance issues before they escalate. This proactive approach aligns with the global shift towards preventive risk management, as reflected in Australia's Aged Care Quality Standards and the [Respect@Work](/articles/what-the-respect-at-work-bill-means-for-your-business) reforms. ### Difference between ethics hotlines and compliance hotlines While the terms "ethics hotline" and "compliance hotline" are often used interchangeably, there are subtle differences between the two: - **Ethics hotlines:** focus on broader ethical concerns and violations of the company's code of conduct. They may cover issues such as conflicts of interest, discrimination, harassment, or unethical business practices. - **Compliance hotlines:** deal with regulatory compliance issues and legal violations. Reporting channels may be specific to industry regulations, financial reporting, or adherence to laws and standards. In practice, many organisations combine ethics and compliance reporting into a single system, with separate reporting channels for [whistleblowing](/articles/what-is-whistleblowing) and one for ethical concerns. ## **Common ethical dilemmas reported through hotlines** Ethics hotlines receive reports on a wide range of issues, from minor policy infractions to serious legal violations. According to the 2022 Ethics & Compliance Hotline Benchmark Report, the most common report categories were: - HR, diversity, and [workplace respect](/articles/respect-in-the-workplace) (25%) - Environment, health and safety (17%) - Privacy (12%) - Customer relations, business quality (16%) - Compliance, regulatory, legal (7%) - Unfairness, management issues (7%) - Finance and billing (5%) - Discrimination, harasment, relatiation (4%) - Fraud, theft, property damage (3%) - Staffing issues (5%) While every organisation is unique, these broad categories cover many of the ethical issues that employees may encounter in their organisations. ![Setting up a digital ethics hotline: best practices for setting up a whistleblowing tool](https://media.elker.com/5d4285f0-770a-47dd-acc8-6ab58da1f998/ethics_hotline_2.png?width=992) ## Setting up an ethics hotline: best practices Implementing an effective ethics hotline requires careful planning and execution. Here are some key best practices: **Develop a comprehensive whistleblowing policy and procedures:** Create a clear and comprehensive policy that outlines the purpose, scope, and processes of your ethics hotline. The policy should define the types of issues that should be reported, guide how to make a report and explain the investigation and resolution process. Ensure that the policy is regularly reviewed and updated to reflect changes in regulations and best practices. **Implement a customisable digital ethics hotline solution:** Choose a digital ethics hotline that integrates seamlessly with your organisation's existing systems and software. Look for a solution that offers customisation options to meet the specific compliance requirements of your industry and your organisation's unique needs. A digital hotline should provide a user-friendly interface, robust security features, and the ability to generate detailed reports and analytics. **Engage employees through targeted communication and training:** Develop a strategic communication plan to promote the availability and value of the ethics hotline to all employees. Use various channels, such as email, intranet, posters, and team meetings, to raise awareness and encourage reporting. Provide targeted training to employees on how to recognise and report ethical issues, and train managers on how to handle reports effectively and maintain confidentiality. **Ensure accessibility and confidentiality across multiple reporting channels:** Provide multiple secure reporting channels, such as web forms, mobile apps, and phone lines, to ensure that all employees can easily access the hotline regardless of their location or preferred communication method. Implement strict confidentiality measures to protect reporter anonymity and prevent retaliation. Ensure that your hotline solution complies with relevant data privacy and protection regulations. **Establish efficient and impartial report handling and investigation protocols:** Develop clear protocols for triaging, investigating, and resolving reports in a timely and consistent manner. Assign a dedicated team of impartial investigators to handle reports and conduct thorough investigations. Establish guidelines for communicating with reporters throughout the process and providing timely updates on the status of their reports. Document all steps taken during the investigation and resolution process for auditing purposes. **Leverage data for continuous improvement and proactive risk management:** Regularly analyse hotline data to identify trends, emerging risks, and opportunities for improvement in your organisation's ethical culture and compliance program. Use data-driven insights to inform decision-making and develop targeted initiatives to address identified issues. Report key hotline metrics to senior leadership and the board to maintain visibility, drive accountability, and demonstrate the effectiveness of your ethics and compliance efforts. ## Overcoming challenges in your ethics and compliance hotline Implementing an effective ethics hotline is not without challenges. Common obstacles include: - Overcoming fear and mistrust among employees - Inconsistent communication and training - Lack of leadership buy-in - Inadequate resourcing for investigations - Difficulty maintaining confidentiality - Inconsistent, unclear or inaccessible company policy on whistleblowing - Managing global hotlines across multiple jurisdictions To address these challenges, organisations need to take a holistic approach that focuses on building trust, securing leadership support, investing in robust processes, and continuously monitoring and improving hotline performance. Partnering with an experienced provider like Elker can help organisations navigate these complexities and optimise their hotline programs. ## The role of leadership in a successful ethics hotline Leaders play a vital role in the success of an ethics hotline. When leaders visibly embrace and promote the hotline, it demonstrates that speaking up is valued and expected. However, leadership support must go beyond mere lip service. Leaders must ensure that reports are taken seriously, investigated thoroughly, and resolved appropriately. They must also hold wrongdoers accountable and communicate outcomes transparently while protecting reporter confidentiality. Proactive leaders leverage hotline data for risk sensing and mitigation. By regularly reviewing trends and patterns, they can identify emerging issues and take action to prevent them from escalating. This approach aligns with the preventive focus of Australia's regulatory landscape, such as the [positive duty](/articles/7-standards-positive-duty-sex-discrimination-act) to eliminate sexual harassment under the Respect@Work reforms. As observed by the Institute of Business Ethics, "The single biggest factor determining the effectiveness of a speak-up arrangement is the tone from the top." ![Setting up a digital ethics hotline: measuring the impact of your whistleblowing tool](https://media.elker.com/5f157abc-0c36-4027-9c50-d213b811dc2d/ethics_hotline_3.png?width=992) ## Measuring the effectiveness of your ethics hotline Measuring and monitoring hotline performance is essential for ensuring that the program is delivering value and driving continuous improvement. Key metrics to track include: - Number and types of reports received - Reporter demographics - Time to resolution - Substantiation rates - User satisfaction Regular reporting on these metrics helps to maintain accountability, identify areas for improvement, and demonstrate the impact of the hotline program. Elker's digital ethics hotline includes robust analytics and reporting features, making it easy for organisations to track and optimise performance. According to KPMG's 2021 Global CEO Outlook, 77% of Australian CEOs believe that measuring and reporting on their company's environmental, social, and governance (ESG) indicators will be a key factor in building and maintaining trust with stakeholders. Ethics hotline metrics are a critical component of an organisation's overall ESG performance. ## Legal considerations for ethics hotlines Ethics hotlines operate within a complex web of legal and regulatory requirements. In Australia, key considerations include: - The [Corporations Act whistleblower](/articles/corporations-act-whistleblower-protections) protections require certain companies to have a compliant whistleblower policy and protect eligible whistleblowers from detriment. - The Respect@Work reforms introduce a [positive duty](/articles/7-standards-positive-duty-sex-discrimination-act) for employers to eliminate sex discrimination, sexual harassment, and [victimisation](/articles/what-is-unlawful-victimisation-in-the-workplace) as far as possible. - The Aged Care Quality Standards and the new [Aged Care Act](/articles/whistleblowing-in-aged-care) emphasise continuous improvement, feedback and complaints, and open disclosure. Organisations should work closely with legal counsel to ensure that their hotlines comply with all relevant laws and regulations. Elker's configurable platform can also support compliance with various global requirements. ## Integrating ethics hotlines into company culture An ethics hotline is most effective when it is integrated into a broader ethical culture that values integrity, openness, and [psychological safety](/articles/psychologically-safe-workplace). Building such a culture requires consistent communication, training, and reinforcement of ethical values and behaviours. Leaders play a critical role in modelling ethical conduct and creating an environment where employees feel empowered to raise concerns without fear of reprisal. By leveraging their ethics hotlines as part of a comprehensive approach to ethics and compliance, organisations can build trust, mitigate risk, and drive long-term success. ![Setting up a digital ethics hotline: why companies trust Elker](https://media.elker.com/d3285c09-c34e-4891-8fbf-d4ee2226e9e4/ethics_hotline_4.png?width=992) ## Why companies trust Elker's ethics hotline Elker's digital ethics hotline is a cutting-edge platform that helps organisations elevate their ethics and compliance programs. With secure reporting channels, customisable workflows, automated case management, and powerful analytics, Elker empowers organisations to surface and address issues proactively. Our expert team works closely with clients to understand their unique needs, configure the system, and provide ongoing training and support. By partnering with Elker, organisations can efficiently manage risk, meet evolving regulatory requirements, and foster a culture of integrity and transparency. To learn more about how Elker can help your organisation achieve its ethics and compliance goals, [book a demo](/book-demo) or [request a quote](/pricing) today. ### Key takeaways - HR, diversity, and workplace respect issues are the largest single category in most hotline benchmark data, meaning the hotline carries significant cultural load beyond classic fraud and corruption reports. - The Institute of Business Ethics puts it plainly: the single biggest factor determining the effectiveness of a speak-up arrangement is the tone from the top. Visible leadership engagement is what moves employee confidence in the channel, policy and process on their own rarely do. - Common implementation obstacles are predictable: fear and mistrust, inconsistent training, weak leadership buy-in, under-resourced investigations, and difficulty maintaining confidentiality. Each has a standard countermeasure and should be designed for from the outset. - Measure the programme on multiple metrics: number and type of reports, reporter demographics, time to resolution, substantiation rates, and user satisfaction. A single metric (like report volume) misleads. - Hotlines form part of ESG disclosures. KPMG's 2021 Global CEO Outlook found that 77 per cent of Australian CEOs saw ESG measurement as a key factor in building and maintaining stakeholder trust, and hotline metrics are a meaningful component of that picture. ## Frequently asked questions An ethics hotline is a confidential reporting channel that lets employees raise concerns about unethical, illegal, or improper conduct inside their organisation. It is sometimes called a compliance hotline or whistleblower hotline, and modern versions are typically multi-channel (web, mobile app, email, phone) rather than a literal phone line. Many employees prefer the anonymous intake form option that most ethics hotline platforms provide. Ethics hotlines lean toward broader ethical concerns and code-of-conduct breaches like conflicts of interest, [discrimination](/articles/discrimination-in-the-workplace), [harassment](/articles/5-risk-factors-for-sexual-harassment-in-the-workplace), and unethical business practices. Compliance hotlines focus on regulatory, legal, and industry-specific obligations such as financial reporting or sector rules. In practice, many organisations combine the two into a single system with multiple intake categories. The 2022 Ethics & Compliance Hotline Benchmark Report found HR, diversity, and workplace respect to be the largest category at around 25 per cent of reports, followed by environment, health and safety (17 per cent), customer relations and business quality (16 per cent), privacy (12 per cent), compliance and legal matters (7 per cent), and smaller shares for finance and billing, staffing, and [serious misconduct](/articles/serious-misconduct) categories. The Association of Certified Fraud Examiners found that organisations with hotlines detect fraud 33 per cent faster and experience 16 per cent lower losses than those without. Tips are consistently the largest source of initial fraud detection across ACFE studies, and a credible hotline is the most practical way to capture them. Combining the hotline with other [whistleblowing channels](/articles/what-is-whistleblowing) strengthens the effect. Work through six steps: develop a comprehensive whistleblowing policy, choose a customisable digital platform, engage employees and managers through targeted communication and training, provide multiple accessible and confidential reporting channels, establish impartial investigation protocols, and analyse hotline data for continuous improvement. Leadership tone from the top is the single biggest determinant of whether the channel is trusted and used. ### Sources 1. Corporations Act 2001 (Cth), Part 9.4AAA whistleblower protection provisions 2. ASIC Regulatory Guide 270: Whistleblower policies 3. Association of Certified Fraud Examiners, Report to the Nations (biennial study on occupational fraud) 4. NAVEX Global, 2022 Ethics & Compliance Hotline and Incident Management Benchmark Report 5. Institute of Business Ethics, Checks and Balances: Ensuring effective speak up arrangements 6. ISO 37002:2021, Whistleblowing management systems, Guidelines _This article is general information only, not legal advice. Laws change and individual circumstances differ. For advice on your specific circumstances, consult a qualified legal practitioner. See our [Terms of Use](/policies/terms) for the full disclaimer._ ## You might also like --- url: https://elker.com/articles/eu-whistleblowing-directive-safer-workplace title: "EU Whistleblowing Directive for Safer Workplaces 🇪🇺" description: "👩‍🏭 New rules from 31 December 2023 make internal reporting mechanisms mandatory in many EU businesses and organisations." locale: en-AU generated: 2026-07-01T14:05:40.337Z --- Aug 29, 2023 # EU Whistleblowing Directive: Measures for a safer workplace New rules that come into place from 31 December 2023 make internal reporting mechanisms mandatory in many EU businesses and organisations. These measures will empower whistleblowers and assist organisations to create safer, more transparent workplaces free of discrimination, harassment and fraud. Our friends at Whistlelink tell us about the Directive and the benefits of implementing whistleblowing software in your organisation. ![The EU Whistleblowing Directive: Empowering employees and organisations for safer workplaces](https://media.elker.com/32f41b56-bfee-46a2-9a23-88c92b729ec9/eu-whistleblowing-directive.png?width=992) ByElker Editorial TeamReviewed byJack MurrayUpdated22 April 2026 **TL;DR** - The EU Whistleblowing Directive (Directive (EU) 2019/1937) came into force in December 2019 and creates a harmonised legal framework for protecting people who report breaches of EU law across public and private sector organisations. - Organisations with 50 or more employees or annual turnover above EUR 10 million are required to implement internal reporting channels. The extended deadline for organisations of this size was 17 December 2023. - Internal reporting channels must be accessible, confidential, and secure, and must accept anonymous reports. Member states must also establish external reporting channels to competent authorities for reporters who cannot or do not want to report internally. - Reporters are protected from retaliation including dismissal and demotion, their identity must be kept confidential throughout the process, and the people receiving and managing reports must be independent, impartial, and adequately trained. - Whistleblowing software helps organisations meet these obligations by combining encrypted intake, anonymous two-way messaging, structured case management, audit logs, and analytics in a single platform that operates consistently across a multinational footprint. [Whistleblowing](/articles/what-is-whistleblowing) has emerged as a powerful tool for exposing wrongdoing and promoting transparency in both public and private sectors. Recognising its significance, the European Union (EU) recently adopted a new directive to provide a comprehensive framework for protecting whistleblowers and fostering a safer, more transparent workplace. In this article, we will focus on the importance of implementing a safe, confidential whistleblowing system to fulfil the obligations of the law, as well as creating a secure environment for reporting and preventing retaliation against whistleblowers. ## The EU Whistleblowing Directive will protect individuals reporting serious misconduct in a work-related context The EU Whistleblowing Directive, which came into force in December 2019, aims to establish a harmonised legal framework throughout the EU to protect individuals who report breaches of EU law. It applies to a wide range of sectors, including both public and private organisations. One of the critical aspects of the Directive is the obligation for organisations with 50 or more employees or an annual turnover of over €10 million to implement internal reporting channels before 31 December 2023. These channels should be easily accessible, confidential, and secure and allow for the submission of [anonymous reports](/articles/anonymous-reporting-advantages-disadvantages). The EU Directive ensures that whistleblowers are shielded from retaliation, such as dismissal or demotion, while providing them with accessible channels to report their concerns. It emphasises the need for organisations to protect whistleblowers and to guarantee the confidentiality of the reporting individual's identity throughout the reporting process. The Directive highlights that organisations should ensure that the individuals responsible for receiving and managing reports are independent, impartial, and adequately trained.   Furthermore, the EU Directive also acknowledges the importance of external reporting channels for whistleblowers who feel uncomfortable or cannot report internally. It states that Member States should establish mechanisms for external reporting to competent authorities or designated external bodies. By providing clear guidelines and safeguards, the EU Whistleblowing Directive encourages whistleblowers to come forward without fear of retaliation, ensuring that their disclosures are thoroughly investigated and appropriate action is taken. ## Whistleblowing Software: Empowering whistleblowers and organisations Implementing a [software solution for whistleblowing](/articles/whistleblowing-software) helps organisations meet legal obligations and promotes a culture of accountability, transparency, and ethical behaviour. It provides a structured and secure way to handle whistleblower reports, crucial for building and maintaining trust within the organisation and with external stakeholders.  Whistleblowing software provides a safe platform for employees and stakeholders to report concerns or wrongdoing by focusing on: ### 1\. Encouraging reporting of misconduct Digital solutions provide a secure and confidential channel for employees to report any [misconduct](/articles/serious-misconduct) or illegal activities they witness within the organisation. By offering a user-friendly platform with the possibility to report anonymously, employees are encouraged to come forward without fear of retaliation. The result is that potential issues are brought to light while protecting the reporting person's safety and peace of mind. ### 2\. Easy reporting and timely investigations [Whistleblowing software](/articles/whistleblowing-software) simplifies the reporting process, guiding whistleblowers step-by-step and allowing them to provide detailed information about the issue. This not only streamlines the reporting process but also ensures that crucial details are observed. It helps prevent the escalation of issues and allows for a timely and effective investigation, ensuring that appropriate actions are taken to address the reported concerns. ### 3\. Case management and tracking Reporting software allows organisations to centralise and organise all reported cases in one place and track and monitor the progress of each reported case. The case management system will send automated reminders and notifications, assign tasks, and manage workflows. It will also securely store and manage all documents and records related to whistleblower cases, e.g., witness statements, investigation reports and other relevant evidence.  ### 4\. Secure communication and data protection By utilising advanced encryption protocols, reporting platforms will ensure that all communication and data exchanged between the reporting person and the organisation remain [secure](/security). By maintaining confidentiality, organisations can prevent leaks and protect sensitive data.   Whistleblower systems will also provide reporting and analytics capabilities to generate insights, track key metrics related to whistleblower cases and analyse trends. These reports will help organisations assess their performance, identify areas for improvement, and ensure compliance with legal obligations and deadlines. ## Preventing retaliation on whistleblowers: The importance of secure reporting channels Retaliation against whistleblowers is a serious concern that can hinder the effectiveness of any reporting system. Therefore, it is essential to establish secure reporting channels that prevent retaliation and protect those who come forward with valuable information. ### 1\. Safeguarding whistleblowers' identities Whistleblowing software with anonymous two-way communication will ensure that the whistleblower's identity remains confidential, even within the organisation. By preventing identification, any risk of retaliation is minimised. Confidentiality is crucial for whistleblowers as it ensures their safety and prevents potential backlash or intimidation from the implicated individuals or groups.  ### 2\. Encouraging an open reporting culture With secure reporting channels, employees are more likely to report concerns. Whistleblowers can provide valuable information about wrongdoings that may otherwise go unnoticed, enabling organisations to identify and address issues proactively and [prevent potential misconduct](/articles/dealing-with-workplace-misconduct) from escalating and causing further harm.  ### 3\. Legal protection for whistleblowers The EU Whistleblowing Directive provides legal protection to whistleblowers against retaliation. Organisations implementing secure reporting channels and whistleblowing software not only fulfil their obligations under the Directive but also demonstrate their commitment to supporting and protecting employees who raise legitimate concerns. ### 4\. Trust and transparency By implementing whistleblower software, organisations demonstrate their commitment to transparency and accountability. This creates a culture of openness where employees feel comfortable reporting concerns, knowing that the company will take such matters seriously. ## Enhancing workplace safety: Creating a transparent workplace and promoting accountability The EU Whistleblowing Directive marks a significant step towards creating a [safer, transparent workplace](/articles/respect-in-the-workplace) across the European Union. Whistleblowing software plays a pivotal role in ensuring compliance with the Directive's obligations, empowering whistleblowers, and providing organisations with the necessary tools to investigate and address reported concerns effectively. By implementing secure reporting channels, organisations not only satisfy their legal responsibilities but also cultivate a culture of trust, transparency, and accountability. This will help [identify workplace risks](/articles/culture-audit-guide) and address misconduct at an early stage, preventing them from escalating into more significant problems, and ultimately contribute to the overall integrity and well-being of the workplace.  Please [visit Whistlelink](https://www.whistlelink.com/) to learn more about safe internal reporting channels, or [read our blog](https://www.whistlelink.com/blog/) for more news on whistleblower laws and corporate best practices. ### Key takeaways - Transposition varies by member state. Compliance is always against the national implementing law, not the Directive directly, and member states have used their discretion to add stricter requirements, extend scope to smaller employers, or tighten timeframes. - Retaliation is defined broadly under the Directive. It is not limited to dismissal. Demotion, negative references, adverse performance evaluations, and informal sanctions all fall within scope and trigger the protective provisions. - Anonymous two-way messaging is the piece of infrastructure most organisations still lack. Without it, investigators cannot ask follow-up questions without pressuring the reporter to identify themselves, which in turn breaches the Directive's confidentiality obligations. - For AU-based organisations in multinational groups, the practical question is whether a group-wide programme built for the Directive also meets Australian Part 9.4AAA. It usually does, with some minor configuration, but the reverse is not always true. - Training the recipients of reports is a compliance requirement, not a culture initiative. Untrained intake staff are one of the most common ways organisations fall out of compliance with the Directive in practice. ## Frequently asked questions Private-sector organisations with 50 or more employees or annual turnover above EUR 10 million are within scope, along with all public-sector bodies. Organisations in this tier were required to have internal reporting channels in place by 17 December 2023 at the latest. Member states may extend the obligation to smaller organisations and some have. Yes. Internal channels must be able to receive reports in writing, orally, or both, and must accept anonymous reports. Secure, encrypted [whistleblowing platforms](/articles/whistleblowing-software) are the standard way to meet this requirement because they enable anonymous two-way communication without compromising the reporter's identity. Retaliation is broadly defined and includes dismissal, demotion, suspension, negative performance reviews, changes in duties, and reputational or financial harm. Organisations must keep the reporter's identity confidential throughout the process, and the people receiving reports must be independent and impartial. Reporters can also take their concerns to external channels provided by member states if internal routes fail, with no loss of protection. End-to-end encryption, anonymous two-way messaging, a centralised case management system, secure document storage, audit trails, automated reminders, reporting and analytics, and alignment with GDPR. The platform should make it straightforward to demonstrate compliance with the Directive's confidentiality, impartiality, and timeliness obligations. [Anonymous reporting](/articles/anonymous-reporting-advantages-disadvantages) features sit at the centre of this. Directly, only if they have operations in EU member states. Indirectly, yes: Australian subsidiaries of EU-headquartered groups are usually rolled into the parent company's compliance programme, and multinational customers often require suppliers to align with the Directive's standards regardless of where the supplier is based. Separately, an organisation that builds to the Directive will generally find it straightforward to satisfy the [Corporations Act whistleblower regime](/articles/corporations-act-whistleblower-protections) as well. ### Sources 1. Directive (EU) 2019/1937 of the European Parliament and of the Council of 23 October 2019 on the protection of persons who report breaches of Union law 2. European Commission, implementation and transposition reports 3. European Data Protection Board, guidelines on whistleblowing hotlines and data protection 4. ISO 37002:2021, Whistleblowing management systems, Guidelines 5. General Data Protection Regulation (EU) 2016/679 6. Corporations Act 2001 (Cth), Part 9.4AAA, for comparative Australian context _This article is general information only, not legal advice. Laws change and individual circumstances differ. For advice on your specific circumstances, consult a qualified legal practitioner. See our [Terms of Use](/policies/terms) for the full disclaimer._ --- url: https://elker.com/articles/incident-management-system-aged-care title: "Incident Management System: Aged Care Quality & Safety" description: "Learn more about the Serious Incident Response Scheme and best practices for an effective IMS system." locale: en-AU generated: 2026-07-01T14:05:40.390Z --- Jan 5, 2022 # Implementing an Effective Incident Management System: Aged Care Quality and Safety [Compliance](/blog/compliance)[Reporting](/blog/reporting) The aged care sector in Australia is undergoing significant changes to improve the quality and safety of care for older Australians. A key part of these reforms was the introduction of the Serious Incident Response Scheme (SIRS) in 2021 which requires all government-subsidised aged care providers to implement an effective incident management system. Learn best practice guidance for implementing and managing an effective aged care IMS. ![Implementing an effective incident management system in aged care facilities](https://media.elker.com/7a6af71f-dfeb-478f-8211-03eaab5b9615/incident-management-aged-care.png?width=992) ByElker Editorial TeamReviewed byJack MurrayUpdated22 April 2026 **TL;DR** - The Serious Incident Response Scheme (SIRS) requires all government-subsidised aged care providers in Australia to operate an incident management system (IMS) that identifies, manages, investigates, reports, and learns from serious incidents. It is administered by the Aged Care Quality and Safety Commission. - SIRS commenced for residential aged care on 1 April 2021 and was extended to home services providers on 1 December 2022. Obligations were carried forward and expanded under the Aged Care Act 2024 (Cth), which commenced on 1 November 2025 (deferred from the original 1 July 2025 start date). - SIRS captures eight categories of reportable incident: unreasonable use of force, unlawful sexual contact or inappropriate sexual conduct, neglect, psychological or emotional abuse, unexpected death, stealing or financial coercion by a staff member, inappropriate use of restrictive practices, and unexplained absences (missing consumers). - Reportable incidents are classified as Priority 1 (most serious, reportable within 24 hours) or Priority 2 (reportable within 30 days). All unlawful sexual contact or inappropriate sexual conduct has been reportable as Priority 1 since 3 October 2022. - A compliant IMS has seven pillars: leadership commitment, comprehensive policies and procedures, staff education and training, accessible reporting mechanisms, consistent investigation and analysis, open disclosure and communication, and continuous improvement through the sharing of learnings. An incident management system allows aged care services to systematically identify, report, manage and respond to incidents that occur during the delivery of care. This includes reportable incidents under the SIRS such as unreasonable use of force, inappropriate sexual conduct, psychological or emotional abuse, unexpected death, stealing or financial coercion by a staff member, use of restrictive practices, and unexplained absences. Having an effective incident management system is not only a legislative requirement under the Aged Care Quality Standards, but also critical for providers to continuously improve the quality and safety of the services provided to older people. It enables providers to learn from incidents and near misses to prevent similar incidents from occurring in the future. ## Benefits of an aged care IMS There are many benefits to implementing an effective incident management system in aged care services, including: - Improved safety and wellbeing of consumers - Early identification and mitigation of risks - Opportunity for continuous improvement - Increased accountability and transparency - Compliance with legislative requirements - Enhanced reputation and public trust An incident management system empowers staff to speak up when they witness an incident occurring, enabling a timely response to address the immediate needs of those affected and prevent incidents from escalating. Over time, analysing trends in incident data can reveal systemic issues and drive continuous improvement in the quality of care. ![Incident reporting system for aged care: infographic](https://media.elker.com/df12bf31-35af-456a-988c-bdb223df536f/aged-care-incident-management.png?width=992) ## Key features of an effective incident management system While each aged care service will have a system tailored to its specific context, some key elements should be included in every incident management system: ### 1\. Leadership commitment Effective incident management requires strong leadership and governance. The governing body and senior management must foster an organisational [culture](/articles/speak-up-culture) that prioritises the health, safety and wellbeing of consumers, and supports staff to report incidents without fear of reprisal. ### 2\. Comprehensive policies and procedures Clear policies and procedures must be established outlining the roles and responsibilities of staff in identifying, reporting, managing and responding to incidents. This includes having processes for reporting to the Aged Care Quality and Safety Commission and notifying consumers and their representatives. ### 3\. Staff education and training All staff must be trained to recognise and report incidents, as well as understand their roles in managing incidents when they occur. Training should cover the different types of reportable incidents under SIRS, how to submit a report and the importance of reporting all incidents and near misses. ### 4\. Accessible reporting mechanisms There must be a variety of accessible and easy-to-use channels for staff, consumers and visitors to report incidents at any time. This may include phone and email hotlines, paper-based forms, and online reporting tools. Consumers should be given information on how they can report incidents upon entry to a service. ### 5\. Consistent investigation and analysis A systematic process must be followed for investigating and analysing incidents to identify contributing factors and root causes. All incidents and near misses should be documented, even if they are not classified as reportable incidents under SIRS. Investigation findings should be used to develop corrective actions to prevent similar incidents in the future. ### 6\. Open disclosure and communication Providers must practice open disclosure when incidents occur, including apologising to and supporting those affected. Consumers and their representatives should be kept informed and involved throughout the incident management process. Incidents and actions taken should also be communicated to staff to facilitate learning. ### 7\. Continuous improvement and sharing of learnings Incident data and trends should be regularly analysed to identify areas for improvement in the quality of care. Learnings should be shared within the organisation and across the broader aged care sector to collectively work towards enhancing the safety and wellbeing of older Australians. ## Reportable incidents under the SIRS The Serious Incident Response Scheme (SIRS) defines the types of incidents that aged care providers must report to the Aged Care Quality and Safety Commission. As of 1 April 2021, the following incidents are considered reportable incidents under SIRS in residential aged care: - Unreasonable use of force - Unlawful sexual contact or inappropriate sexual conduct - Neglect - Psychological or emotional abuse - Unexpected death - Stealing or financial coercion by a staff member - Inappropriate use of restrictive practices - Unexplained absence (missing consumers) From 1 December 2022, the SIRS was extended to cover aged care services delivered in the home or community settings. Providers must report all incidents that occur in connection with the services they provide, including those that happen while delivering care and services, or that are related to the services provided. Reportable incidents must be classified as either Priority 1 or Priority 2 based on the impact on the consumer and the immediate actions required: - Priority 1 incidents must be reported within 24 hours - Priority 2 incidents must be reported within 30 days All unlawful sexual contact or inappropriate sexual conduct must be reported as a Priority 1 reportable incident as of 3 October 2022. ## Fostering a culture of reporting One of the major challenges in aged care is the underreporting of incidents due to fear of repercussions or lack of understanding about what should be reported. Research has found that only around 10% of incidents in residential aged care are reported. To overcome this, providers must work to create a 'just culture' that strikes a balance between individual and organisational accountability. Staff should feel supported and empowered to speak up about incidents without fear of blame or punishment for human errors. At the same time, reckless behaviour should not be tolerated. Incident management systems rely on staff proactively identifying and reporting incidents and near misses. A near miss or close call is an event that could have resulted in harm but did not. Capturing near misses provides valuable opportunities for learning and preventing incidents before they occur. Through training and ongoing communication, providers should reinforce that reporting is a positive behaviour that contributes to continuous improvement and risk management. Involving staff in developing and refining incident management processes can help build trust and ownership. ## The role of the Aged Care Quality and Safety Commission The Aged Care Quality and Safety Commission (ACQSC) is the national regulator of aged care services in Australia. The ACQSC accredits, monitors and assesses providers against the Aged Care Quality Standards. Under the SIRS, the ACQSC receives reportable incidents from providers and uses this information to identify trends and issues across the sector. The ACQSC can take regulatory action where providers are non-compliant with their responsibilities, including issuing compliance notices, imposing sanctions, and revoking accreditation. The ACQSC provides a range of resources to support providers in effective incident management, including guidance material, educational videos, and online learning modules. Providers are encouraged to access these resources to ensure their incident management systems are best-practice and meet the expectations of the ACQSC. ## Conclusion Effective incident management is critical to delivering high-quality aged care services and safeguarding the health, safety and wellbeing of older Australians. By implementing a comprehensive incident management system, providers can better identify, manage and prevent incidents, while driving continuous improvement. The Serious Incident Response Scheme (SIRS) has put incident management in the spotlight and increased the accountability of providers. With the Royal Commission into Aged Care Quality and Safety highlighting widespread issues, it has never been more important for providers to prioritise effective incident management. ![SIRS reporting system aged care Australia](https://media.elker.com/bb0de57c-12d1-4fe4-b58e-598583f32e9b/sirs-reporting-system-aged-care.png?width=992) ## Get started with Elker While managing incidents can be challenging, providers who embrace a culture of transparency, learning and continuous improvement will be well-placed to provide high-quality care. Incident management software like Elker can help aged care providers streamline and enhance their processes. Elker is an anonymous reporting platform that empowers aged care staff and clients to speak up about issues like abuse, neglect and [misconduct](/articles/dealing-with-workplace-misconduct). It provides tools for early detection and resolution of incidents, including: - End-to-end encrypted reporting with the option for anonymity - Comprehensive case management tools for efficient investigations - Real-time analytics to identify trends and areas for improvement - Customisable workflows to adapt to each aged care service's needs - An app for convenient reporting anytime, anywhere - Pulse surveys to gain insight into staff concerns and workplace culture By using Elker, aged care providers can foster a speak-up culture, proactively manage incidents, and demonstrate their commitment to the highest standards of quality and safety. [Book a demo](/book-demo) and see how Elker can streamline your incident management today. ### Key takeaways - An IMS is a legal requirement under the Aged Care Quality Standards and SIRS, not an optional governance practice. Regulators assess whether it is operational, not just documented. - Underreporting is the biggest challenge. Research has found that only around 10% of incidents in residential aged care are reported, usually because of fear of repercussions or uncertainty about what should be reported. - A "just culture" strikes a balance between individual and organisational accountability: staff are supported to speak up about incidents and human errors without blame, while reckless behaviour is still addressed. - Near misses matter. Capturing events that could have caused harm but did not is one of the most valuable inputs into continuous improvement, because they reveal systemic risk before it becomes actual harm. - Anonymous and accessible reporting channels materially improve early detection. Providers should offer multiple channels, including confidential or anonymous options, for staff, consumers, and visitors to raise concerns. ## Frequently asked questions SIRS is the Australian regulatory scheme that requires all government-subsidised aged care providers to operate an incident management system and to report serious incidents to the Aged Care Quality and Safety Commission. It commenced for residential aged care on 1 April 2021 and extended to home services providers on 1 December 2022. SIRS aims to prevent and respond to abuse, neglect, and other serious incidents experienced by older Australians receiving aged care services. The eight categories are: unreasonable use of force, unlawful sexual contact or inappropriate sexual conduct, neglect, psychological or emotional abuse, unexpected death, stealing or financial coercion by a staff member, inappropriate use of restrictive practices, and unexplained absence (missing consumers). All unlawful sexual contact or inappropriate sexual conduct must be reported as a Priority 1 incident (within 24 hours) since 3 October 2022. Other reportable incidents are categorised as Priority 1 or Priority 2 depending on severity and impact. An IMS is the documented and operational set of processes a provider uses to identify, record, manage, investigate, report, and learn from incidents that occur during care delivery. A compliant system includes clear policies, accessible reporting channels, trained staff, systematic investigation procedures, open disclosure practices, and continuous improvement mechanisms. The IMS must cover all incidents and near misses, not only the eight categories that must be reported externally to the Aged Care Quality and Safety Commission. An effective IMS has five core components working together. First, incident identification: documented procedures that help staff, consumers, and representatives recognise, record, and resolve incidents. Second, incident reporting: an accessible tool or system for capturing the details of each incident in a consistent format. Third, investigation and analysis: trained staff and clear roles, with regular reinforcement on how the system operates. Fourth, resolution and correction: governance and accountability arrangements that provide oversight and drive action. Fifth, continuous improvement: analysis of incident data and trends, sharing of learnings, and regular review of the IMS itself to prevent recurrence. Priority 1 incidents, the most serious, must be reported to the Aged Care Quality and Safety Commission within 24 hours. Priority 2 incidents must be reported within 30 days. The classification depends on the impact on the consumer and the immediate actions required. All unlawful sexual contact and inappropriate sexual conduct is automatically Priority 1 since 3 October 2022, regardless of other factors. The two regimes operate in parallel. SIRS is a regulatory reporting obligation on the provider; [whistleblower protections](/articles/whistleblowing-in-aged-care) apply to individuals who raise concerns. A single incident can trigger both: the provider's SIRS reporting duty externally, and a protected disclosure by a worker internally or externally. Providers should handle both in an integrated way, including through trusted channels such as [anonymous reporting platforms](/articles/anonymous-reporting-advantages-disadvantages) that protect the discloser while ensuring the incident is captured by the IMS. ### Sources 1. Aged Care Quality and Safety Commission Act 2018 (Cth) 2. Quality of Care Principles 2014 (Cth), SIRS provisions (residential from 1 April 2021; home services from 1 December 2022) 3. Aged Care Quality and Safety Commission, SIRS guidance for providers and Aged Care Quality Standards 4. Royal Commission into Aged Care Quality and Safety, Final Report (2021) 5. Aged Care Act 2024 (Cth), which commenced on 1 November 2025 and carried forward and expanded SIRS reportable incident obligations _This article is general information only, not legal advice. Laws change and individual circumstances differ. For advice on your specific circumstances, consult a qualified legal practitioner. See our [Terms of Use](/policies/terms) for the full disclaimer._ ## You might also like --- url: https://elker.com/articles/industrial-manslaughter title: "Industrial Manslaughter: Closing Loopholes Act" description: "It’s important for businesses to stay up to date with amendments to the Fair Work Act and prevent workplace deaths." locale: en-AU generated: 2026-07-01T14:05:40.442Z --- Feb 21, 2024 # Industrial Manslaughter: Australia Set to Increase Workplace Safety With the Closing Loopholes Act [Compliance](/blog/compliance)[Reporting](/blog/reporting) The stakes have risen for businesses in Australia with the introduction of federal industrial manslaughter laws. With the potential for significant penalties, it’s important for businesses to stay up to date with amendments to the Fair Work Act and adopt practices to prevent workplace deaths. ![Closing Loopholes: New industrial manslaughter laws in Australia](https://media.elker.com/076472af-bada-42d0-99d2-0347df58cac2/image.png?width=992) ByElker Editorial TeamReviewed byJack MurrayUpdated22 April 2026 **TL;DR** - Industrial manslaughter is a criminal offence created by state and territory legislation (and at the federal level for Commonwealth workplaces) to prosecute employers and senior officers whose negligent or reckless conduct causes a worker's death. It sits alongside ordinary criminal manslaughter rather than replacing it. - Every Australian state and territory now has an industrial manslaughter offence in force. The ACT was first under its Crimes Act in 2004 and moved the offence into its WHS Act framework in 2021. Queensland followed in 2017, then Victoria, Northern Territory, Western Australia and South Australia. New South Wales commenced on 16 September 2024 and Tasmania on 2 October 2024 under the Work Health and Safety Amendment (Safer Workplaces) Act 2024 (Tas). - Maximum penalties are substantial. Individual penalties range up to 20 years' imprisonment in several jurisdictions and 25 years in Victoria and New South Wales, with life imprisonment available in the Northern Territory. Corporate maximums are set in penalty units and indexed annually, producing dollar values between roughly A$10 million and A$19 million depending on jurisdiction. The Queensland corporate maximum of 100,000 penalty units now exceeds A$15 million, and the Victorian maximum sits at around A$16.5 million. - The offence typically requires a PCBU or senior officer, a WHS duty, negligent conduct that breaches the duty, and a worker death caused by that conduct. The article describes negligence as "a great falling short of care with a high risk of death or serious illness". - The first Victorian prosecution saw LH Holding Management Pty Ltd fined A$1.3 million after a 25-year-old subcontractor was killed by a tipped forklift. The company director received a two-year Community Corrections Order with 200 hours of unpaid community work and was ordered to pay A$120,000 in compensation to the worker's family. ## Key takeaways - Australia recently passed the [Fair Work Legislation Amendment (Closing Loopholes) Act](/articles/closing-loopholes) 2023, which includes new industrial manslaughter offences to hold organisations accountable for preventable workplace fatalities. Laws will take effect from 1 July 2024. - The new laws coincide with the first industrial manslaughter charge in Victoria, resulting in a $1.3 million company fine as a result of negligent practices leading to the death of a subcontractor at a Somerton factory. - Strategies to eliminate preventable workplace deaths include a refreshment of OHS protocols and industry best practices, thorough risk prevention, and compliance with safety legislation. - The use of [anonymous reporting tools](/articles/whistleblowing-software) can encourage the reporting of workplace safety concerns, leading to the early detection of unsafe practices. ## Fair Work Legislation Amendment (Closing Loopholes) Act 2023 The Fair Work Legislation Amendment (Closing Loopholes) Act 2023, which received Royal Assent on 14 December 2023, introduces several key reforms aimed at enhancing protections for employees and addressing gaps in the existing labour legislation. These reforms cover a range of areas, including the rights of workplace delegates, strengthening protections against discrimination, particularly in relation to family and domestic violence (FDV), and the criminalisation of wage theft. ### Key provisions of the Closing Loopholes Act A notable update is the introduction of a new offence of industrial manslaughter under the Work Health and Safety Act 2011. The legislation defines workplace manslaughter as negligent conduct by an individual leading to death, with negligence being a great falling short of care with a high risk of death or serious illness. **Starting from 1 July 2024**, new industrial manslaughter provisions, including the definition and enforcement of the offence of industrial manslaughter, will be in effect. In cases where a person conducting a business or undertaking (PCBU) commits industrial manslaughter, these provisions will be crucial in holding them accountable. ### Implementing the changes Under these provisions, businesses should: - Systematically assess and mitigate risks to prevent serious injuries or fatalities - Emphasise proactive safety management - Conduct a robust consultation process to ensure comprehensive risk assessments - To truly safeguard their employees, companies need to adopt a proactive approach to safety, which goes beyond mere compliance with safety laws. ## Recent industrial manslaughter incidents The first prosecution under Victoria’s industrial manslaughter laws offers a telling example, where the Victorian court imposed a $1.3 million company fine. - A 25-year-old subcontractor, Michael Tsahrelias, died after a forklift operated by Laith Hanna tipped over and landed on him while attempting to reverse down a slope with a large steel rack. - The company, LH Holding Management Pty Ltd, under the directorship of Laith Hanna, pleaded guilty to a single charge of engaging in negligent conduct that resulted in a worker’s death, with Laith Hanna being the person conducting the operation. - The company was fined $1.3 million. - Laith Hanna was placed on a two-year Community Corrections Order, which included 200 hours of unpaid community work and a forklift operation course. - Hanna was also ordered to pay $120,000 in compensation to the worker’s family. ### The impact on workplace safety standards This tragic incident of workplace death underscored the cruciality of safety obligations and the severity of consequences that come with failing to meet them, including instances of gross negligence. WorkSafe Executive Director of Health and Safety, Narelle Beer, emphasised that workplace harm is entirely preventable, highlighting that no incident should be deemed unavoidable. The sentence handed down in this case hoped to set a precedent that would deter other businesses from negligence and emphasise the paramount importance of safety. Following this incident, the emphasis has been placed on employers to adhere to specified safety measures, such as implementing a traffic management plan and ensuring proper operator training, to avert similar tragedies. ## Industrial manslaughter laws in Australia: state by state Across Australia, each jurisdiction has its own specific laws and penalties related to industrial manslaughter. There is a concerted effort to strengthen legislation surrounding industrial manslaughter, reflecting the seriousness of workplace fatalities. While Queensland enforces specific industrial manslaughter laws with significant penalties, the Northern Territory imposes even harsher consequences for workplace deaths, including life imprisonment for individuals and substantial fines for companies. This variety of laws and penalties underscores the complexity and diversity of industrial manslaughter legislation across the country. ### Jurisdictional variances in penalties and enforcement While the laws vary by jurisdiction, the penalties for industrial manslaughter are severe nationwide. In Victoria, the maximum penalties for industrial manslaughter involve 25 years imprisonment for individuals and a fine of up to $16.5 million for corporations. The Model Work Health and Safety (WHS) Act, applicable across multiple jurisdictions, set the maximum penalty for industrial manslaughter at $18 million for a body corporate and up to 20 years in jail for individuals. WorkSafe ACT actively enforces industrial manslaughter laws to ensure compliance with health and safety obligations in the Australian Capital Territory. In South Australia, unlike other offences under the Work Health and Safety Act, industrial manslaughter offences are not subject to a 2-year statute of limitations for legal proceedings. ### Recent developments and legislative trends The landscape of workplace law is continually evolving, with industrial manslaughter laws being progressively introduced in multiple Australian jurisdictions, including: - Queensland - Victoria - Western Australia - ACT - South Australia (most recent addition) The Work Health and Safety Act 2020 in Western Australia categorises industrial manslaughter as the most serious Category 1 offence, indicating a nationwide trend towards harsher penalties for severe workplace safety breaches. This trend towards tougher penalties for health and safety breaches in Australian jurisdictions is exemplified by the upcoming implementation of industrial manslaughter laws in South Australia, planned for mid-2024. ## Strategies to avoid safety breaches and industrial manslaughter While it’s vital to understand the legal landscape, active efforts towards preventing industrial accidents are equally imperative. It is incumbent upon companies to ensure their safety policies accurately mirror their practices and that these policies are clearly conveyed to all team members. Conducting regular risk assessments is fundamental to any health and safety system, and managing both physical and [psychological hazards](/articles/psychosocial-hazards-at-work) within a risk management framework is essential in fulfilling their health and safety duty. ### Risk management and compliance best practices - Non-punitive, anonymous reporting tools support safety improvements by enabling a proactive approach to prevent accidents and providing valuable data for safety analysis. By providing a confidential channel for [whistleblowing](/articles/what-is-whistleblowing), anonymous reporting tools play a critical role in identifying and proactively addressing safety risks. - Training that engages employees and requires decision-making can improve safety behaviour, emphasising the understanding of safety obligations over mere compliance. - Accurate documentation of employee training records and evidence of competence in managing physical and psychological risks are necessary to enhance workplace safety. ### Cultivating a culture of safety A safe workplace culture requires the collective effort of both leaders and employees to work within a safe culture framework. This includes: - Ensuring that safety systems genuinely reflect the operations of the business - Orienting safety systems towards preventing workplace fatalities - Ongoing evidence of employee competence in safety practices - Encouraging a [speak-up culture](/articles/speak-up-culture) to identify hazards and incidents - Contributing to a stronger culture of safety Senior staff hold a significant safety duty in promoting safety, demonstrated by their visible prioritisation of safety meetings and implementation of worker safety suggestions, highlighting their importance within the company’s safety framework. ## Summary The introduction of industrial manslaughter laws underscores the need for businesses to adhere to safety regulations and to actively engage in risk management to prevent loss of life. Elker is one example of an anonymous reporting platform that supports this goal. It allows employees to [anonymously report workplace issues](/articles/anonymous-reporting-advantages-disadvantages), such as [misconduct](/articles/serious-misconduct), negligence and unsafe practices. Elker provides end-to-end encrypted communication, live chat, and customisable reporting pathways, which aid in the early detection of potential problems. Its analytics can offer insights into workplace trends and signalling areas that may require attention. By using platforms like Elker, companies demonstrate their commitment to a safe working environment where employees can report issues without [fear of victimisation](/articles/what-is-unlawful-victimisation-in-the-workplace). This proactive approach not only helps in complying with IR regulations but also promotes a culture of safety and respect. ### Key takeaways - Industrial manslaughter is a criminal offence, not an expanded civil liability. A conviction produces a criminal record and prison sentence, and senior officers can be prosecuted personally. - In Western Australia the offence is categorised as a Category 1 offence, the most serious class under the WHS Act, which signals the national trend toward treating workplace fatalities as gross safety failures rather than accidents. - The South Australian version is not subject to the usual 2-year statute of limitations that applies to other WHS Act offences, which materially extends prosecution exposure. - Psychosocial hazard failures in principle carry the same exposure as physical safety failures, and robust speak-up and incident-reporting systems are part of the "reasonable steps" officers can point to in due diligence arguments. - Ongoing evidence of employee competence, visible leadership engagement with safety meetings and acting on worker safety suggestions are cited in the article as practical elements of a safety culture that meets the new standard. ## Frequently asked questions A criminal offence under state and territory WHS legislation (and Commonwealth law for federal workplaces) that applies where negligent or reckless conduct by a duty holder results in a worker's death. Individual penalties can reach 25 years' imprisonment in Victoria and New South Wales, with life imprisonment available in the Northern Territory, and body corporate penalties reach roughly A$16.5 million in Victoria. It is a distinct offence from common-law or Criminal Code manslaughter and is framed around WHS Act duties. Every state and territory. The ACT was first in 2004, originally under the Crimes Act 1900 (ACT) and later moved into the Work Health and Safety Act 2011 (ACT) in 2021. Queensland followed in 2017, then Victoria, the Northern Territory, Western Australia and South Australia. New South Wales commenced its offence on 16 September 2024 and Tasmania on 2 October 2024 under the Work Health and Safety Amendment (Safer Workplaces) Act 2024 (Tas). In Victoria, an individual convicted of industrial manslaughter faces a maximum penalty of 25 years' imprisonment, and a body corporate can be fined up to 100,000 penalty units, which currently works out at around A$16.5 million. The offence sits in the Occupational Health and Safety Act 2004 (Vic) and does not apply to volunteers. The first successful Victorian prosecution (LH Holding Management Pty Ltd) resulted in a A$1.3 million corporate fine and a two-year Community Corrections Order for the director. LH Holding Management Pty Ltd was fined A$1.3 million after subcontractor Michael Tsahrelias, aged 25, was killed when a forklift operated by director Laith Hanna tipped and landed on him while reversing down a slope with a large steel rack. The company pleaded guilty to one charge of engaging in negligent conduct causing a worker's death. Laith Hanna was placed on a two-year Community Corrections Order with 200 hours of unpaid community work and a forklift operation course, and was ordered to pay A$120,000 in compensation to the worker's family. Both. A defining feature of industrial manslaughter legislation is that it allows prosecution of senior officers personally, not just the employing entity. The definition of "senior officer" varies by jurisdiction but typically includes directors, chief executives and senior managers who make or participate in decisions affecting a substantial part of the business. In Victoria the offence excludes volunteers. The article points to systematic risk assessment and mitigation, proactive safety management (rather than mere legal compliance), robust consultation processes, and a visible commitment from senior leadership. Training that engages workers in decision-making, accurate records of competence in managing physical and [psychological hazards](/articles/psychosocial-hazards-at-work), and [anonymous reporting tools](/articles/whistleblowing-software) for unsafe practices are called out specifically. Linking industrial manslaughter exposure to the existing officer due diligence duty under WHS law is the governance framing most boards are now using. ### Sources 1. Work Health and Safety Act 2011 (Cth) and equivalent state and territory WHS Acts, officer due diligence and category 1 offence provisions 2. State and territory industrial manslaughter provisions, including the Work Health and Safety Act 2011 (ACT), Work Health and Safety Act 2011 (Qld), Occupational Health and Safety Act 2004 (Vic), Work Health and Safety Act 2012 (SA), Work Health and Safety Act 2020 (WA), Work Health and Safety Act 2020 (NT), Work Health and Safety Act 2011 (NSW) as amended, and the Work Health and Safety Amendment (Safer Workplaces) Act 2024 (Tas) 3. Safe Work Australia, model WHS Act guidance 4. WorkSafe Victoria, LH Holding Management Pty Ltd prosecution outcome and sentencing remarks 5. State WHS regulators, prosecution outcomes and sentencing statistics _This article is general information only, not legal advice. Laws change and individual circumstances differ. For advice on your specific circumstances, consult a qualified legal practitioner. See our [Terms of Use](/policies/terms) for the full disclaimer._ ## You might also like --- url: https://elker.com/articles/iso-37002 title: "ISO 37002 & Certification FAQ: Whistleblowing Systems" description: "Learn about ISO 37002 and what makes an effective whistleblowing system. See how your organisation can improve its organisational culture." locale: en-AU generated: 2026-07-01T14:05:40.497Z --- Mar 22, 2024 # ISO 37002 & Certification FAQ: Whistleblowing Management System [Reporting](/blog/reporting)[Cultural change](/blog/cultural-change)[Compliance](/blog/compliance) Learn about ISO 37002 and what makes an effective whistleblowing management system. See how your organisation can meet international standards and improve its organizational culture. ![ISO 37002: implementing an effective whistleblowing management system](https://media.elker.com/cac2e30f-ae8f-427b-98d4-b31f710655dd/iso_37002_certification_1.png?width=992) ByElker Editorial TeamReviewed byJack MurrayUpdated22 April 2026 **TL;DR** - ISO 37002:2021 is an international standard that provides guidelines for establishing, implementing, and maintaining a whistleblowing management system (WMS). It was published on 14 July 2021 by ISO Technical Committee 309 (Governance of Organizations) and is designed to be adaptable across organisation sizes, sectors, and jurisdictions. - The standard is built on three core principles: **trust** in the reporting process, **impartiality** in how reports are handled regardless of who is involved, and **protection** of whistleblowers from victimisation, retaliation, discrimination, or harassment. - ISO 37002 is a Type B (guidance) standard. That means it provides recommendations rather than requirements for certification, so there is no ISO 37002 certificate. Organisations use it to benchmark or build a WMS aligned with international best practice. - It sits alongside related standards in the ISO governance family, including ISO 37001 (Anti-bribery Management Systems), ISO 37301 (Compliance Management Systems), ISO 37008 (Internal Investigations), and ISO 31000 (Risk Management), which can be used together to support a broader integrity and compliance framework. - The standard is not a replacement for Australian or New Zealand whistleblowing legislation. It is broadly consistent with local law but local requirements (such as the Corporations Act 2001 (Cth) Part 9.4AAA) often impose more stringent rules that must be met as well. ## ISO 37002 ISO 37002 is an international standard that provides clear guidelines for establishing, implementing, and maintaining a whistleblowing management system within organisations. The standards assist organisations to create a safe and effective environment for reporting wrongdoing, protecting whistleblowers and ensuring proper handling of reports. ISO37002 is based on three core principles, trust, impartiality and protection: 1. **Trust:** The whistleblowing system should be designed and operated in a manner that instills trust in the process and the organisation's commitment to addressing reported concerns. 2. **Impartiality:** The system should ensure that all reports are handled fairly, objectively, and without bias, regardless of the identity or position of the whistleblower or the person(s) involved in the alleged wrongdoing. 3. **Protection:** The organisation must take appropriate measures to protect whistleblowers from victimisation (i.e. any form of retaliation, discrimination or harassment) as a result of their reporting. ISO37002 was designed to be adaptable to a range of organisations and business types, irrespective of the nature, size, geography, and jurisdiction of the organisation. **ISO 37002 is a** [**Type B standard**](https://www.iso.org/management-system-standards-list.html#TypeAB), meaning it provides guidance and recommendations rather than specific requirements for certification. Instead, organisations can use the ISO 37002 standards as a tool to benchmark their existing whistleblowing management system or to develop a new one aligned with international best practices. ISO 37002 is closely related and can fulfil requirements in Type A ISO standards: - [**ISO 37001: Anti-bribery Management Systems**](https://www.iso.org/files/live/sites/isoorg/files/store/en/PUB100457_preview.pdf) is a standard that helps organisations prevent, detect, and address bribery and other forms of financial crime. It provides a framework for implementing an effective anti-bribery management system, which includes policies, procedures, and controls to mitigate bribery risks.  By [establishing a whistleblowing system](/articles/advantages-of-whistleblowing-in-the-workplace), organisations can encourage employees and other stakeholders to report suspected instances of bribery and financial crime. This increased reporting can help organisations detect and address these issues more effectively, reducing the risk of legal and reputational damage. - [**ISO 37301: Compliance Management Systems**](https://www.iso.org/obp/ui/en/#iso:std:iso:37301:ed-1:v1:en) offers a framework to design, implement, evaluate, maintain, and enhance a robust compliance management system within an organization. It helps organisations ensure that they are meeting their legal and regulatory obligations, as well as their own internal policies and procedures. A secure [whistleblowing](/articles/what-is-whistleblowing) system can serve as an early warning mechanism, allowing organisations to identify and address potential compliance issues before they escalate into more serious problems. It is also closely related to a number of important guidance standards under the umbrella of [ISO/TC 309 Governance of Organizations](https://www.iso.org/committee/6266703/x/catalogue/p/1/u/0/w/0/d/0): - [**ISO 37008: Internal Investigations of Organizations**](https://www.iso.org/obp/ui/en/#iso:std:iso:ts:37008:ed-1:v1:en) is a new international standard that provides guidance on planning and scoping an internal investigation, collecting and preserving evidence, interviewing witnesses, and reporting findings. - [**ISO 31000: Risk Management**](https://www.iso.org/files/live/sites/isoorg/files/store/en/PUB100464_preview.pdf) offers organisations a set of guidelines, frameworks, and processes designed to improve risk management strategies. The related standards can be used in conjunction with ISO 37002 to create a comprehensive framework for promoting ethical behavior, best practices and compliance within organisations committed to good governance. **ISO 37002 is not a replacement for applicable whistleblowing legislation.** While the guidelines are generally consistent with Australian requirements, they do not replace compliance with specific local laws. As an international standard, ISO 37002 offers a comprehensive set of guidelines for managing a whistleblowing system. It acknowledges the needs of organisations to tailor their systems to their unique business and regulatory contexts. However, the stringent Australian legal requirements for whistleblower protections necessitate more rigorous processes than those suggested in the guidelines. ## What is the purpose of ISO 37002? The development of ISO 37002 was driven by the changing whistleblowing landscape in recent years. High-profile cases have prompted the introduction of new whistleblower protection regulations and legislation across the globe, leading organisations to reevaluate the effectiveness of their internal reporting systems. Many employees still face barriers to reporting misconduct within their organisations. Despite an increased awareness about the importance of speaking up, many employees still face barriers to whistleblowing, such as: - Distrust in the organisation's ability to respond to reports effectively - Uncertainty about whether the organisation will take a report seriously - Doubt that information will be treated in a confidential manner - Fear of victimisation or retaliation Adopting ISO 37002 allows organisations to show their dedication to ethical practices, transparency, and accountability. This standard serves as a strategic tool, reassuring stakeholders of the organisation's proactive efforts to prevent, identify, and resolve issues related to misconduct and safety. In the event of an investigation, adherence to ISO 37002 may also be taken into account as evidence that an organisation has taken proactive measures to identify and mitigate wrongdoing while protecting whistleblowers and other stakeholders. ## Key aspects of ISO 37002 Some key aspects addressed in ISO 37002 include: - Developing a clear whistleblowing policy - Establishing secure and confidential reporting channels - Defining roles and responsibilities for managing the WMS - Investigating and addressing reports of wrongdoing - Protecting whistleblowers from retaliation - Providing training and communication to employees and stakeholders The table of contents and introduction [can be read here](https://www.iso.org/obp/ui/en/#iso:std:iso:37002:ed-1:v1:en). ![ISO 37002: Steps to build an effective whistleblowing system infographic ](https://media.elker.com/60a8ec6c-f7e9-4696-84fb-c33c6a61aeab/iso_37002_certification_2.png?width=992) ## How to implement an effective whistleblowing management system based on ISO 37002 standards Developing an effective whistleblowing management system with ISO 37002 involves a systematic, step-by-step approach. Below is a guide to help organisations create a robust WMS that aligns with these standards. ### **1\. Assess current practices and identify gaps** Begin by evaluating your organisation's existing whistleblowing policy, practices and procedures. Identify any gaps or areas for improvement in relation to the guidelines provided in ISO 37002. This assessment will help you determine the scope of work required to align your WMS with the standard. ### **2\. Develop a comprehensive whistleblowing policy** Create a clear and comprehensive whistleblowing policy that outlines the purpose, scope, and procedures of your WMS. The policy should: - Define what constitutes reportable wrongdoing - Explain how to make a report - Emphasise the organisation's commitment to protecting whistleblowers and other interested parties from retaliation - Outline the investigation process and potential outcomes - Ensure that the policy is easily accessible and communicated to all employees and relevant stakeholders. ### **3\. Establish secure reporting channels** Provide multiple secure and confidential channels for individuals to report suspected wrongdoing, such as: - [Dedicated hotline](/articles/ethics-hotline) - Web-based reporting platform - Email address - In-person reporting to designated personnel These channels should be designed to ensure the confidentiality and, if desired, anonymity of the whistleblower, and to protect the information provided. ### **4\. Define roles and responsibilities** Clearly define the roles and responsibilities of individuals involved in managing the WMS, including: - Whistleblowing coordinator or committee - Investigators - Senior management - Board of directors Ensure that these individuals have the necessary skills, training, and resources to effectively carry out their duties. ### **5\. Implement robust investigation procedures** Establish well-defined procedures for assessing, investigating, and addressing reports of wrongdoing in a proper and timely manner. This should involve: - Trained and impartial personnel - Consistent investigation protocols - Documentation and reporting requirements - Corrective action and follow-up measures ### **6\. Protect whistleblowers from retaliation** Put in place strong measures to protect whistleblowers from any form of retaliation, discrimination, or harassment as a result of their reporting. This may include: - Confidentiality and anonymity provisions - Anti-retaliation policies and procedures - Disciplinary action against those who engage in retaliatory behavior Regularly communicate these protections to employees and demonstrate the organisation's commitment to supporting whistleblowers. ### **7\. Provide training and communication** Develop and deliver regular training and communication programs to ensure that all employees and relevant stakeholders understand: - The importance of reporting wrongdoing - How to make a report - Their rights and protections as whistleblowers - The organisation's commitment to ethical behavior Training should be tailored to different roles and responsibilities within the organisation and reinforced through ongoing awareness campaigns. ### **8\. Monitor, review, and improve** Continuously monitor the performance of your whistleblowing system and conduct regular reviews to identify areas for improvement. This may involve: - Analysing reporting data and trends - Seeking feedback from whistleblowers and other stakeholders - Conducting internal audits or assessments - Benchmarking against industry best practices Use these insights to make necessary adjustments and enhancements to your WMS, ensuring that it remains effective and aligned with ISO 37002 guidelines. By following these steps and adhering to the principles of trust, impartiality, and protection, organisations can establish a robust and effective WMS that encourages the reporting of wrongdoing, protects whistleblowers, and promotes a culture of integrity and ethical behavior. ## How Elker can help your organisation align with the ISO 37002 standard Elker is a whistleblowing system featuring the highest grade security, consistent with ISO 27001 standards. Elker features: - **Anonymous reporting tools**: encourage employees to report concerns with encrypted messaging - **Pulse surveys**: collect anonymous employee feedback - **Response templates and guidance**: assessing critical disclosures without compromising the identity of the reporter - **Comprehensive case management tools**: small companies to large corporations can efficiently manage cases - **Real-time analytics and reporting dashboard**: identify trends and risks in real-time - **Compliance regulations:** For Australian organisations, Elker assists with compliance with the [Corporations Act 2001](/articles/corporations-act-whistleblower-protections), Sex Discrimination Act 1984 ([positive duty](/articles/7-standards-positive-duty-sex-discrimination-act)), Fair Work Act 2009, the new Aged Care Act and more. By partnering with Elker, organisations can streamline the implementation of an effective whistleblowing system that meets the ISO 37002 standard.  For more information how Elker can assist your organisation, [send us a message](/contact). For a look at all the features on offer, [book a demonstration](/book-demo) of the platform. ### Key takeaways - Implementation under ISO 37002 follows a repeatable eight-step cycle: gap-assess existing practice, develop a clear whistleblowing policy, establish secure reporting channels, define roles and responsibilities, build investigation procedures, protect whistleblowers from retaliation, provide training and communication, and monitor and improve the system over time. - The standard addresses the barriers that stop employees from speaking up: distrust in the organisation's response, uncertainty about whether reports will be taken seriously, doubts about confidentiality, and fear of retaliation. A system that does not directly answer each of these barriers will not work in practice. - Secure reporting channels should be plural: a dedicated [ethics hotline](/articles/ethics-hotline), web platform, email, and in-person option covers most reporter preferences. Each channel must protect confidentiality and support anonymity where the reporter chooses it. - Alignment with ISO 37002 is not itself a legal defence, but it provides evidence of proactive management of wrongdoing and whistleblower protection that can be weighed in the context of investigation, litigation, or regulatory action. - The standard is deliberately scalable. It is written to apply to small not-for-profits as easily as to large multinationals, with the expectation that application is proportionate to organisation size and risk profile. ## Frequently asked questions ISO 37002 is a voluntary international standard developed by ISO Technical Committee 309 (Governance of Organizations) that provides guidelines for effective whistleblowing management systems. It was published on 14 July 2021 and is built on three principles: trust, impartiality, and protection of whistleblowers from retaliation. ISO 37002 was developed by International Organization for Standardization Technical Committee 309 for the Governance of Organizations. The committee was created in 2016 and oversees standardisation in the governance, accountability, sustainability, and control of organisations. The standard was published on 14 July 2021 as ISO 37002:2021, Whistleblowing management systems, Guidelines. It sits alongside related committee outputs such as ISO 37001, ISO 37301, and ISO 37008. No. ISO 37002 is a Type B guidance standard, which means it provides recommendations but does not contain requirements against which organisations can be formally certified. You cannot obtain an ISO 37002 certificate. Organisations align with the standard and describe that alignment in policies, audits, and tender responses. ISO itself does not perform certification for any of its standards. Certification bodies operate externally to ISO and only assess against Type A requirements standards. Key aspects include developing a clear whistleblowing policy, establishing secure and confidential reporting channels, defining roles and responsibilities for running the WMS, investigating and addressing reports of wrongdoing, protecting whistleblowers from retaliation, and providing training and communication to staff and stakeholders. It sets out an end-to-end lifecycle from receipt of a report through to closure and review. Implementing ISO 37002 can have a positive effect on organisational culture. By establishing secure and anonymous reporting channels, organisations can detect and address misconduct, fraud, and harassment more effectively. Alignment with the standard demonstrates a commitment to ethical practice and whistleblower protection, builds stakeholder trust, and supports stronger risk management. The guidelines are adaptable for any organisation size or sector, from large corporations to not-for-profits, and can be used alongside an [ethics hotline](/articles/ethics-hotline) and wider [whistleblowing](/articles/what-is-whistleblowing) programme. It complements rather than replaces the law. Australian obligations like [Corporations Act Part 9.4AAA whistleblower protections](/articles/corporations-act-whistleblower-protections) and the [Public Interest Disclosure Act 2013](/articles/public-interest-disclosure-act-2013) are more stringent in many places than ISO 37002, so local compliance remains mandatory. ISO 37002 provides a broader framework that organisations can use to structure how they meet those obligations. There is no free download of ISO 37002. The standard must be purchased from an authorised distributor to ensure accuracy. Cost varies by location, distributor, and format (electronic or hard copy). The standard is available from Standards Australia as AS ISO 37002 and directly from ISO at iso.org. Prices change over time and should be checked on the official ISO and Standards Australia websites before budgeting or procurement. ### Sources 1. ISO 37002:2021, Whistleblowing management systems, Guidelines (published 14 July 2021) 2. ISO 37001:2016, Anti-bribery management systems, Requirements 3. ISO 37301:2021, Compliance management systems, Requirements 4. ISO 31000:2018, Risk management, Guidelines 5. Corporations Act 2001 (Cth), Part 9.4AAA whistleblower protection provisions 6. ASIC Regulatory Guide 270: Whistleblower policies _This article is general information only, not legal advice. Laws change and individual circumstances differ. For advice on your specific circumstances, consult a qualified legal practitioner. See our [Terms of Use](/policies/terms) for the full disclaimer._ ## You might also like --- url: https://elker.com/articles/mentally-healthy-workplace title: "Creating a Mentally Healthy Workplace: A Step-By-Step Guide" description: "Learn how to create a mentally healthy workplace with our step-by-step guide. Identify risks, take action, and support your employees' wellbeing." locale: en-AU generated: 2026-07-01T14:05:40.546Z --- Jun 25, 2024 # Creating a Mentally Healthy Workplace: A Step-By-Step Guide [Compliance](/blog/compliance)[Cultural change](/blog/cultural-change)[Reporting](/blog/reporting) With one in five Australians experiencing mental health issues each year, supporting mental health has become a priority for many workplaces. As awareness grows, there are also new legal considerations to manage psychosocial hazards under Australia's evolving workplace health and safety laws. ![Creating a mentally healthy workplace: guide for employers](https://media.elker.com/6ac9e991-4f8e-4b47-a78b-ed845fccec8f/mentally-healthy-workplace-1.png?width=992) ByElker Editorial TeamReviewed byJack MurrayUpdated22 April 2026 **TL;DR** - A mentally healthy workplace proactively identifies and manages risks to mental health, supports positive mental wellbeing, and provides early intervention for employees experiencing mental health issues. Strong programmes cover all three. - The PwC business case is compelling: every dollar spent on appropriate workplace mental health initiatives generates about $2.30 in benefits through increased productivity, reduced absenteeism, and lower turnover. - A PCBU must eliminate psychosocial risks so far as reasonably practicable. The duty covers identifying hazards, assessing risks, implementing controls, and reviewing effectiveness. - The article's five-step framework is: get leadership buy-in, engage your employees, identify risks and analyse data, create an action plan, and review-adjust-repeat. Each step relies on worker voice to be effective. - Anonymous reporting tools are a core part of the infrastructure. They give workers a safe channel to disclose mental health concerns and psychosocial hazards, and they feed the ongoing data analysis that keeps the action plan responsive. Creating a mentally healthy workplace doesn't have to be complicated or costly. Implementing best practices can protect employees' wellbeing and foster a [positive work culture](/articles/culture-audit-guide). The benefits are clear: mentally healthy workplaces have more engaged and productive employees, fewer injuries and sick days, and lower turnover costs. In this article, we'll explore what a mentally healthy workplace looks like, outline some practical steps you can take to create one and introduce a tool that makes it easy to promote mental health in your organisation. ## What is a mentally healthy workplace? A mentally healthy workplace is one that actively promotes and supports the mental wellbeing of its employees. Some key characteristics of a mentally healthy workplace include: - A proactive approach to identifying and managing risks to mental health, such as high job demands, low job control, poor support, and other psychosocial hazards - Policies and practices that support positive mental health, such as flexible work arrangements, employee participation in decision-making, and opportunities for growth and development - A culture of openness, respect and inclusivity, free from stigma and [discrimination](/articles/discrimination-in-the-workplace) - Regular mental health awareness and resilience training for all staff - Early intervention and support for employees experiencing mental health issues, including Employee Assistance Programs, adjustments to work tasks, and return-to-work programs - Commitment from senior leadership to creating a mentally healthy workplace is demonstrated through actions and open communication The business case for investing in workplace mental health is strong. According to an analysis by PwC, every dollar spent on successfully implementing appropriate mental health initiatives in the workplace can generate $2.30 in benefits to the organisation. These benefits include increased productivity, reduced absenteeism and compensation claims, and lower turnover costs. ## How to create a mentally healthy workplace A person conducting a business or undertaking (PCBU) **must** eliminate psychosocial risks so far as is reasonably practicable. This means identifying psychosocial hazards, assessing the risk factors, implementing control measures to eliminate or minimise those risks, and reviewing the effectiveness of the controls. Creating a mentally healthy work environment involves a range of strategies, from leadership commitment to risk assessment and action planning. It's an ongoing process that requires input from everyone in the organisation. Here is a step-by-step guide to get you started: ### 1\. Get leadership buy-in - Help leaders understand the importance of mental health and the legal obligations around managing psychosocial risks. - Promote the benefits of a mentally healthy workplace, such as increased productivity and reduced absenteeism. - Encourage leaders to model positive behaviours, like taking breaks and discussing mental health openly. - Ensure there's a budget allocated for initiatives. ### 2\. Engage your employees - Regularly check in with staff about their mental wellbeing and the factors impacting it at work. - Use anonymous surveys, focus groups, or workshops to gather honest feedback. - [Encourage employees to speak up](/articles/speak-up-culture) about psychosocial risks, and assure them that their concerns will be taken seriously. Consider implementing an anonymous reporting tool like Elker to provide a safe channel for raising sensitive issues at work. ### 3\. Identify risks and analyse data - Use psychosocial risk assessment tools to pinpoint risks like high job demands, low job control, exposure to traumatic events, discrimination and harassment. To better understand the various risks, read our article [What Are Psychosocial Hazards?](/articles/psychosocial-hazards-at-work) - Safe Work Australia has a helpful [risk assessment matrix](https://www.safeworkaustralia.gov.au/sites/default/files/2022-08/model_code_of_practice_-_managing_psychosocial_hazards_at_work_25082022_0.pdf) to help you identify and manage risks (Appendix C - last page). - Analyse HR data on absenteeism, turnover, compensation claims, and EAP usage to spot trends. - Where appropriate, look at customer feedback and [whistleblowing systems](/articles/advantages-of-whistleblowing-in-the-workplace) like Elker to identify any emerging or systemic issues. - Consider the unique mental health risks arising from your industry and work environment. ### 4\. Create an action plan Every organisation has different inherent psychosocial risks, depending on factors like industry, business size, job roles, and level of public interaction. Your action plan should be adapted to address the unique needs and challenges of your workplace - it's not a one-size-fits-all approach. What matters is the proactive effort to tackle psychosocial hazards and improve mental health and wellbeing. Your action plan should document how you will meet your compliance duties concerning psychosocial risks and promote a mentally healthy workplace. Include initiatives such as the following: - Update policies on: - sick leave and return-to-work programs - mental illness non-discrimination - anti-discrimination, [bullying](/articles/understanding-and-preventing-workplace-bullying) and [harassment](/articles/5-risk-factors-for-sexual-harassment-in-the-workplace) - [employee misconduct](/articles/serious-misconduct) - [whistleblowing](/articles/what-is-whistleblowing) and [whistleblower protections](/articles/corporations-act-whistleblower-protections) - Ensure policies are clear, accessible to all and are communicated regularly. - Facilitate stress management training, particularly for high-risk roles, as well as training for management in supporting the psychological health of their colleagues. - Consider flexible work arrangements and support programs to facilitate workers' recovery from mental illness. - Regular mental health awareness events and activities. - Promote your Employee Assistance Program and other support services. - Ensure there are accessible, confidential ways for staff to report mental health concerns or workplace issues, such as an [anonymous reporting](/articles/anonymous-reporting-advantages-disadvantages) tool like Elker. ### 5\. Review, adjust, repeat Regular reviews and adjustments of your mental health strategy are essential. They ensure it remains effective and responsive to the changing needs of your organisation and employees. - Establish a regular schedule for reviewing the effectiveness of your mental health initiatives, such as quarterly or biannually. - Seek [employee feedback](/articles/anonymous-employee-feedback) through various channels, such as pulse surveys and focus groups. [Ask specific questions](/articles/employee-engagement-survey-questions) about the perceived impact and value of different initiatives. - Monitor key metrics that may indicate the overall mental health of your workplace, such as: - Survey results - Anonymous reporting data - EAP utilisation rates - Absenteeism and presenteeism rates - Workers' compensation claims related to mental health - Turnover rates and stated reasons for leaving - Engagement and satisfaction scores from employee surveys - Analyse all the data collected to assess what's working well and where there are opportunities for improvement. Look for initiatives that have had a positive impact and consider how they could be expanded or replicated. - Based on the review, make necessary adjustments to your mental health strategy and action plan. This may involve modifying, replacing or discontinuing initiatives that aren't delivering value, or introducing new ones to address emerging needs. ![Creating a mentally healthy workplace: anonymous reporting in the workplace](https://media.elker.com/5e659ee9-99dd-4e40-91c2-015a204ed1ec/anonymous-reporting-mentally-healthy-workplace.png?width=992) ## The role of technology in supporting mental health at work Technology can play an important role in workplace mental health support. One such tool is Elker, an anonymous reporting platform designed to help Aotearoa businesses manage issues that can impact employee wellbeing. Employees often fear speaking up about workplace issues or reporting discrimination, misconduct, or psychosocial hazards. Elker addresses this by providing a secure, encrypted channel for staff to anonymously disclose sensitive issues. The [platform features](/features) intelligent pathways that route cases to the appropriate responder, ensuring prompt and effective handling of reports. In addition to its reporting capabilities, Elker offers pulse surveys that gather real-time data on workplace health. This enables organisations to proactively respond to potential problems before they escalate. By utilising Elker, companies can demonstrate their commitment to employee wellbeing while simplifying compliance with various federal and state regulations, including work health and safety laws, and anti-discrimination legislation. To discover how Elker can support your organisation in creating a mentally healthy workplace, [book a demo](/book-demo) today. ## Additional resources For further information: - Explore [resources by WorkSafe NZ](https://www.worksafe.govt.nz/topic-and-industry/work-related-health/mental-health/) - [Statistics on workplace mental health](https://mentalhealth.org.nz/workplaces/statistics-on-workplace-mental-health-and-wellbeing) and wellbeing by the Mental Health Foundation of New Zealand - The Black Dog Institute has [resources on creating a mentally healthy workplace](https://www.blackdoginstitute.org.au/wp-content/uploads/2020/04/creating-mentally-healthy-workplaces.pdf) - View the Safe Work Australia [guide to managing the risks](https://www.safeworkaustralia.gov.au/safety-topic/managing-health-and-safety/mental-health/psychosocial-hazards) of psychosocial hazards ### Key takeaways - Prevention (job design, workload, manager training) outperforms reactive support (employee assistance programmes, return-to-work) on both outcomes and cost. Both matter; regulators now expect investment in prevention. - Leadership commitment is the single strongest predictor of programme effectiveness. Leaders have to model open communication about mental health, allocate budget, and be visibly accountable. - Action plans must be tailored to the industry and work environment. A one-size-fits-all mental health policy does not satisfy the duty to manage psychosocial risks. - Ongoing measurement through anonymous surveys, reporting data, EAP utilisation, absenteeism, workers' compensation claims, and engagement scores is the only reliable way to tell whether the strategy is working. - Regular review (quarterly or biannually) with willingness to modify or discontinue initiatives that aren't delivering is the discipline that separates effective programmes from symbolic ones. ## Frequently asked questions A mentally healthy workplace proactively identifies and manages [psychosocial hazards](/articles/psychosocial-hazards-at-work), supports positive mental wellbeing through good job design and flexible arrangements, and provides early intervention for workers experiencing mental health conditions. Key features include a positive culture, manageable workloads, clear roles, strong leadership commitment, and a willingness to talk openly about mental health without stigma. Good mental health in the workplace is characterised by employees feeling valued, respected, and supported. Workers have manageable workloads, clear roles, and opportunities to contribute and develop. There is open communication, fairness, and a sense of purpose and belonging. Staff feel comfortable discussing mental health without fear of stigma or discrimination, and there are support systems in place when difficulties arise. It is the lived experience of a workplace that has done the preventive and protective work well. A PCBU (person conducting a business or undertaking) must eliminate psychosocial risks so far as reasonably practicable. This involves identifying psychosocial hazards, assessing risk factors, implementing control measures, and reviewing effectiveness. The duty sits under WHS laws and is supported by Safe Work Australia's Model Code of Practice, with equivalent obligations under New Zealand's Health and Safety at Work Act 2015. Get leadership buy-in (budget and behaviour modelling), engage employees through anonymous surveys and focus groups, identify risks using a [psychosocial risk assessment](/articles/psychosocial-risk-assessment-guide), create a tailored action plan that updates sick leave, anti-discrimination, [bullying](/articles/understanding-and-preventing-workplace-bullying), [whistleblowing](/articles/what-is-whistleblowing), and misconduct policies, and review and adjust the plan regularly using measurable indicators. Staying mentally healthy at work involves maintaining a healthy work-life balance, building supportive relationships with colleagues, communicating openly, and accessing support early when difficulties arise. Practical habits like regular exercise, sufficient sleep, time management, relaxation techniques, and setting clear boundaries all help. Employers support this by providing education, flexible work arrangements, and an environment free from stigma and discrimination. Employees should also feel able to speak up when they need support and use available resources confidently. Pulse survey results, [anonymous reporting](/articles/anonymous-reporting-advantages-disadvantages) data, EAP utilisation, absenteeism and presenteeism rates, workers' compensation claims related to mental health, turnover and stated reasons for leaving, and engagement and satisfaction scores. Looking at the full pattern together is more reliable than any single metric. Employees often hesitate to disclose mental health issues, discrimination, or psychosocial concerns through named channels. Anonymous reporting gives them a secure, encrypted way to raise sensitive issues and [speak up](/articles/speak-up-culture) without fear of reprisal. The aggregated data feeds the risk analysis and helps leaders detect emerging problems before they escalate. ### Sources 1. Safe Work Australia, Model Code of Practice: Managing psychosocial hazards at work (2022) 2. PwC, analysis of return on investment for workplace mental health initiatives 3. Black Dog Institute, Creating mentally healthy workplaces resources 4. WorkSafe New Zealand, work-related health and mental health guidance 5. Mental Health Foundation of New Zealand, statistics on workplace mental health and wellbeing 6. Health and Safety at Work Act 2015 (NZ) and Australian state WHS Acts _This article is general information only, not legal advice. Laws change and individual circumstances differ. For advice on your specific circumstances, consult a qualified legal practitioner. See our [Terms of Use](/policies/terms) for the full disclaimer._ ## You might also like --- url: https://elker.com/articles/modern-slavery-reporting-requirements title: "Modern Slavery Reporting Requirements in Australia" description: "Australia is undergoing an overhaul of its anti-slavery legislation. Stay ahead of compliance requirements and combat modern slavery risks." locale: en-AU generated: 2026-07-01T14:05:40.599Z --- Jul 3, 2024 # Modern Slavery Reporting Requirements: Australia Prepares for Strengthening Compliance [Compliance](/blog/compliance)[Cultural change](/blog/cultural-change)[Reporting](/blog/reporting) Australia is undergoing a significant overhaul of its anti-slavery legislation. Learn more about the Australian Government's recommendations to combat modern slavery and stay ahead of compliance requirements.  ![Modern slavery reporting requirements: A guide for Australian businesses](https://media.elker.com/d5dde3ef-24e5-4107-9b65-87f4ed0043af/moder_slavery_reporting_requirements_1.png?width=992) ByElker Editorial TeamReviewed byJack MurrayUpdated22 April 2026 **TL;DR** - The Modern Slavery Act 2018 (Cth) requires Australian entities and foreign entities operating in Australia with consolidated annual revenue of at least A$100 million to publish an annual Modern Slavery Statement describing the risks of modern slavery in their operations and supply chains, and the actions taken to assess and address those risks. The A$100 million threshold captures approximately 3,000 entities, including large corporations, foreign entities conducting business in Australia, and the Australian Government. - Statements must address six mandatory reporting criteria (the article summarises them): the entity's structure, operations and supply chains; modern slavery risks in those operations and supply chains; actions taken to address those risks (including due diligence and remediation); how the entity assesses the effectiveness of those actions; the process of consultation with any owned or controlled entities; and any other relevant information. - "Modern slavery" under the Act covers human trafficking, slavery, servitude, forced labour, debt bondage, deceptive recruiting for labour or services, forced marriage, and the worst forms of child labour. The International Labour Organization estimates 40.3 million victims globally, including 24.9 million in forced labour and 15.4 million in forced marriage, with women and girls accounting for 71%. The Global Slavery Index estimates approximately 15,000 people in Australia. - The May 2023 independent statutory review (the McMillan review) made 30 recommendations including lowering the reporting threshold from A$100 million to A$50 million (which would bring in roughly an additional 2,393 entities), introducing a mandatory due diligence system, and creating penalties for non-compliance. The federal government formally responded in December 2024, agreeing in full to 13 recommendations, in principle to 12, and noting 5. The Modern Slavery Amendment (Australian Anti-Slavery Commissioner) Act 2024 established the Commissioner role. - The current Act has no civil or criminal penalties for non-compliance, which is one of the main criticisms driving the reform debate. Statements are public on the Modern Slavery Statements Register, and reputational and procurement consequences are currently the main enforcement levers. ## **Modern Slavery Act 2018: The first three years** In May 2023, the Australian Government released an [independent review of the first three years](https://www.ag.gov.au/sites/default/files/2023-05/Report%20-%20Statutory%20Review%20of%20the%20Modern%20Slavery%20Act%202018.PDF) of the Modern Slavery Act 2018. The review found that: - the act had failed to bring about meaningful change for people affected by modern slavery. - many entities are not meeting the mandatory reporting criteria - compliance with modern slavery regulations is too often seen as a box-ticking exercise and not being treated with the seriousness that the issue demands. ## **Key recommendations from the Modern Slavery Act review** The review made 30 recommendations to strengthen modern slavery obligations, including introducing mandatory due diligence and establishing an Anti-Slavery Commissioner. The recommendations include: ### Reduced reporting threshold The Modern Slavery Act currently applies to entities with an annual consolidated revenue of $100 million or more. The review recommends lowering this threshold to $50 million, which would include an additional 2,393 entities. The expansion aims to increase the number of businesses actively reporting and addressing modern slavery risks in their operations and supply chains. ### Mandatory due diligence system Currently, due diligence only requires that entities report on the actions taken to address risks in their operations and supply chains. Under the proposed changes, entities would be required to take proactive steps to assess and manage modern slavery risks, rather than simply describing the actions taken. The system should cover not only their operations and supply chains but also their investment activities. The due diligence system should be proportionate to the size and nature of the entity and the modern slavery risks it faces. It should also be informed by meaningful consultation with stakeholders, including workers and their representatives, and be regularly reviewed and updated to ensure its ongoing effectiveness. Entities may be required to report on their due diligence processes in their modern slavery statements, providing transparency on the steps taken to identify and manage risks. Failure to establish and maintain an adequate due diligence system would be considered an offence under the revised Act. ### Penalties for non-compliance To address accountability issues, the review recommends introducing penalties for: - failing to report without a reasonable excuse - providing false or misleading information - failing to establish a due diligence system. ### Improve guidance to reporting entities To support businesses in meeting their obligations, the review recommends strengthening the guidance provided to reporting entities. This includes clarifying the mandatory reporting criteria, highlighting best practices, and offering sector-specific guidance. ### Declaration of high-risk modern slavery categories The review recommends that the Anti-Slavery Commissioner be empowered to declare specific industries, sectors, products, services, or regions as high-risk for modern slavery. Entities operating in these declared high-risk categories may be required to establish and maintain a due diligence system, report on their actions to address modern slavery risks and be subject to penalties for non-compliance. The review suggests that high-risk categories could include industries such as agriculture, construction, textiles, and mining, as well as specific products or services known to have a high prevalence of modern slavery, such as rubber gloves, cocoa, or cotton. ![Modern slavery reporting requirements: Where we're at infographic](https://media.elker.com/6b6158a0-6ae6-44f4-8d5d-ea54045f5695/moder_slavery_reporting_requirements_3.png?width=992) ## **Preparing for enhanced compliance** As the regulatory landscape evolves, organisations must proactively assess their existing systems, identify risks, and implement robust policies and controls to ensure compliance and effectively address modern slavery risks within their operations and supply chains. ### Understand and assess your existing systems The first step in preparing for strengthening compliance requirements is to understand and assess your organisation's existing systems and processes related to modern slavery risk management. This involves conducting a comprehensive review of your current policies, frameworks, and controls to identify gaps and areas for improvement. Engage with internal stakeholders across various functions to gain a holistic view of your organisation's approach to managing modern slavery risks. This assessment will provide a clear understanding of your current maturity level and help prioritise actions to strengthen your systems and processes. ### Identify risks Conduct a thorough risk assessment by mapping your operations and supply chain, and overlaying relevant commercial data such as spend, assets, and employees. Pay particular attention to high-risk factors such as vulnerable populations, high-risk business models, high-risk categories, and high-risk geographies. Engage with external stakeholders, including civil society organisations, communities, and representatives to test your risk assessment and gain valuable insights into potential modern slavery risks. ![What products and services have a high modern slavery risk? - Modern slavery reporting Australia](https://media.elker.com/5a30df00-51dc-4bf4-b90f-7160f721bde5/moder_slavery_reporting_requirements_2_1656a3f2dd.png?width=992) ### Strengthen your policies, systems and controls #### Due diligence system Ensure your modern slavery statements meet the mandatory reporting criteria and provide comprehensive disclosure of your efforts to address modern slavery risks. Be transparent about your due diligence processes, risk assessments, and actions taken to prevent, mitigate, and remedy modern slavery in your operations and supply chains. Regularly review and update your reporting processes to ensure they align with evolving regulations and stakeholder expectations. #### Consultation and grievance mechanisms: Engaging stakeholders and addressing incidents Engage with internal and external stakeholders, including workers and their representatives, when developing and implementing your modern slavery risk management systems. Establish effective grievance mechanisms, such as [anonymous reporting](/articles/anonymous-reporting-advantages-disadvantages) tools like Elker, to enable workers and other stakeholders to raise concerns and maintain a [culture](/articles/speak-up-culture) of transparency and accountability. Ensure these mechanisms are accessible and secure, and that incidents are promptly investigated and remediated. #### Supply chain transparency Increase transparency in your supply chains to better identify and address modern slavery risks. Engage with suppliers to build their capacity to manage modern slavery risks and ensure they adhere to ethical practices. Implement processes to regularly monitor and assess supplier performance, and take appropriate action when issues are identified. Consider using technology solutions to enhance supply chain visibility and transparency. #### Systems and controls Establish consistent and repeatable processes for identifying and assessing modern slavery risks, incorporating explicit modern slavery risk considerations into your overall risk management processes. Assign clear accountabilities for modern slavery risk management at both functional and executive levels, and develop modern slavery KPIs for employees with relevant responsibilities. Continuously monitor and assess the effectiveness of your systems and controls, making adjustments as needed to ensure they remain robust and effective in addressing modern slavery risks. ### Continuous improvement Establishing a clear framework for measuring the effectiveness of your modern slavery risk management efforts is crucial. This framework should include the voices of affected stakeholders, such as supply chain workers or their representatives, and incorporate time-bound key performance indicators developed in consultation with internal and external stakeholders. Develop an ongoing approach to monitoring and evaluation, supported by relevant data from your anonymous reporting tools, analytics, and engagement across your supply chain. Use this information to identify areas for improvement and continuously refine your policies, systems, and controls. As stakeholder expectations evolve, organisations will be increasingly expected to demonstrate the actual impact of their due diligence programs. Prepare to provide greater clarity and detail on how you are identifying, assessing, and responding to modern slavery risks, as well as the impact of your actions. Ensure your board is confident in the due diligence program that underpins your modern slavery statement, and consider seeking assurance of your modern slavery statements alongside other sustainability assurance. By focusing on continuous improvement, regularly monitoring and evaluating the effectiveness of your efforts, and providing clear and transparent modern slavery reporting, your organisation will be well-positioned to meet the evolving expectations surrounding modern slavery risk management and compliance. ## Understanding modern slavery Modern slavery is a term that encompasses a range of serious human rights violations and criminal offences, including human trafficking, slavery, servitude, forced labour, debt bondage, and child labour. Practices involve the exploitation of individuals for personal or commercial gain, often through coercion, deception, or the abuse of power. Modern slavery can occur in any industry or sector and can be particularly prevalent in high-risk industries such as agriculture, construction, manufacturing, and mining. It is a global problem that affects millions of people worldwide, including in Australia. ### The urgent need for effective reporting According to the International Labour Organization (ILO), there are an estimated 40.3 million victims of modern slavery globally, with 24.9 million people in forced labour and 15.4 million in forced marriage. Women and girls are disproportionately affected, accounting for 71% of modern slavery victims. In Australia, the Global Slavery Index estimates that approximately 15,000 people are living in conditions of modern slavery. However, the hidden nature of modern slavery means that the true number may be higher. The Australian Institute of Criminology has identified a range of industries where modern slavery risks are prevalent, including agriculture, construction, domestic work, hospitality, and sex work. ### Current mandatory reporting requirements Under the current Modern Slavery Act 2018, entities with an annual consolidated revenue of AU$100 million or more are required to submit an annual modern slavery statement. This statement must outline the risks of modern slavery in the entity's operations and supply chains, and the actions taken to assess and address those risks. The $100 million threshold captures approximately 3,000 entities in Australia, including large corporations, foreign entities conducting business in Australia, and the Australian Government. However, the 2023 independent review of the Modern Slavery Act has recommended lowering this threshold to $50 million, which would significantly increase the number of entities required to report. ### Reporting criteria: structure, operations, supply chains, risks and actions Modern slavery statements must address the mandatory reporting criteria set out in the Modern Slavery Act. These criteria require entities to report on: - Structure, operations, and supply chains - Modern slavery risks in their operations and supply chains - Actions taken to address these risks, including due diligence and remediation processes - How they assess the effectiveness of these actions - The process of consultation with any entities owned or controlled by the reporting entity - Any other relevant information Entities are also encouraged to describe their modern slavery risks in the context of their broader human rights approach and to consider how modern slavery risks intersect with other social and environmental risks. ## **Conclusion** As the regulatory landscape evolves, organisations must take proactive steps to ensure compliance and effectively manage risks. This involves assessing existing systems, identifying risks, and implementing robust policies and controls. Regular monitoring and evaluation of these efforts, along with clear and transparent reporting, demonstrate an organisation's commitment to combating modern slavery and meeting stakeholder expectations. Strengthening Australia's response to modern slavery requires collaboration between government, businesses, and civil society. Organisations that prioritise these efforts will be well-positioned to navigate the evolving regulatory landscape and contribute to the fight against modern slavery. ![Modern slavery reporting requirements: supply chain due diligence infographic](https://media.elker.com/873038ad-4288-4bf7-8fc8-0c069ff36465/moder_slavery_reporting_requirements_4_3d8beec7f2.png?width=992) ## Elker helps you stay ahead of compliance ### Anonymous reporting Elker provides a secure and [anonymous platform](/use-cases/businesses) for employees, suppliers, stakeholders, representatives and the general public to report concerns related to modern slavery. By empowering people to speak up, organisations can proactively identify and address potential modern slavery risks within their operations. ### Customisable reporting pathways Elker's customisable reporting pathways allow organisations to tailor the platform to their specific needs and risk profiles. This ensures that the reporting process is streamlined, efficient, and aligned with the organisation's modern slavery risk management framework. ### In-app legal assistance For sensitive or complex modern slavery cases, Elker provides access to third-party legal professionals who can offer expert guidance and support. This ensures that organisations have the resources and expertise needed to effectively address and remediate modern slavery incidents. ### Pulse surveys and analytics Elker's pulse surveys and analytics tools enable organisations to monitor workplace trends and identify potential risks. By regularly analysing this data, organisations can proactively address concerns, drive positive change, and demonstrate their commitment to creating a safe and ethical workplace. As Australia strengthens its modern slavery reporting requirements, Elker is committed to helping organisations stay ahead of compliance and effectively manage modern slavery risks. By leveraging Elker's suite of tools and expertise, organisations can foster a culture of transparency, accountability, and continuous improvement in the fight against modern slavery. [Book a demo](/book-demo) or [contact us](/contact) to see how Elker can help your organisation. ### Key takeaways - The review found the Act has failed to deliver meaningful change for people affected by modern slavery, that many entities are not meeting the mandatory reporting criteria, and that compliance is too often treated as a box-ticking exercise. - The proposed mandatory due diligence system would shift entities from "describe what you did" to "take proactive, proportionate steps to assess and manage risks". It would cover operations, supply chains and investment activities, and failure to maintain an adequate system would become an offence. - The Anti-Slavery Commissioner is expected to have power to declare specific industries, sectors, products, services or regions as high-risk for modern slavery, with agriculture, construction, textiles and mining, and products like rubber gloves, cocoa and cotton cited as likely candidates. - Worker-level speak-up and grievance mechanisms in supplier organisations are identified as a core element of effective compliance, not just head-office policies, and boards are increasingly expected to provide assurance on the programme that underpins the statement. - Continuous improvement means regularly reviewing effectiveness with data from [anonymous reporting](/articles/anonymous-reporting-advantages-disadvantages) tools, supplier engagement and worker representative consultation, and being able to demonstrate actual impact rather than documented activity. ## Frequently asked questions Australian entities and foreign entities operating in Australia with consolidated annual revenue of A$100 million or more must submit an annual Modern Slavery Statement. The threshold captures approximately 3,000 entities. Smaller entities can report voluntarily. The 2023 McMillan review recommended lowering the threshold to A$50 million, which would add around 2,393 entities, and the government agreed in principle in its December 2024 response. The Act covers a range of serious human rights violations and criminal offences including human trafficking, slavery, servitude, forced labour, debt bondage, deceptive recruiting for labour or services, forced marriage, and the worst forms of child labour. The definition is deliberately broad and captures exploitative labour practices along the whole spectrum, not only the most extreme forms. Victims are concentrated in industries like agriculture, construction, manufacturing, mining, domestic work, hospitality, and sex work. The Modern Slavery Statements Register is an online central repository established by the Australian Government where reporting entities submit their mandatory annual modern slavery statements for public disclosure. It provides transparency on the actions organisations are taking to identify and address modern slavery risks in their operations and supply chains. Anyone can search and read statements on the register, which is why reputational and procurement consequences currently act as the main enforcement lever in the absence of civil or criminal penalties for non-compliance. Entities covered by the Modern Slavery Act must prepare annual modern slavery statements detailing their actions to assess and address modern slavery risks in their operations and supply chains. Statements must address six mandatory reporting criteria and be approved by the principal governing body and signed by a responsible member before submission. Completed statements are uploaded to the Australian Government's online Modern Slavery Statements Register for public disclosure. Entities below the threshold can submit voluntary statements using the same process and criteria. Six mandatory reporting criteria: the entity's structure, operations and supply chains; modern slavery risks in those operations and supply chains; actions taken to address those risks (including due diligence and remediation); how the entity assesses the effectiveness of those actions; the process of consultation with any entities owned or controlled by the reporting entity; and any other relevant information. Statements are submitted to the Modern Slavery Statements Register for public disclosure. Not yet. The current Act has no civil or criminal penalties for non-compliance, which the McMillan review identified as a major weakness. In its December 2024 response the federal government agreed in principle to introduce penalties for failing to report without reasonable excuse, providing false or misleading information, and failing to maintain an adequate due diligence system. Reforms are expected to proceed through further amendments. Even without penalties, non-compliance is visible through the public register, which creates reputational and procurement consequences. Beyond the statement itself, assess existing systems and maturity, map operations and supply chains with overlaid commercial data (spend, assets, employees), pay particular attention to vulnerable populations, high-risk business models, categories, and geographies, engage with civil society and worker representatives to test the assessment, and establish confidential grievance mechanisms such as [anonymous reporting](/articles/anonymous-reporting-advantages-disadvantages) for workers and suppliers. Assign clear accountabilities at functional and executive level, develop time-bound KPIs informed by supply chain workers, and make sure the board is confident in the due diligence programme that sits behind the statement. ### Sources 1. Modern Slavery Act 2018 (Cth) 2. Modern Slavery Amendment (Australian Anti-Slavery Commissioner) Act 2024 (Cth) 3. Attorney-General's Department, Statutory Review of the Modern Slavery Act 2018 (McMillan Review, May 2023) and Australian Government Response (December 2024) 4. Australian Government, Modern Slavery Statements Register 5. International Labour Organization, Global Estimates of Modern Slavery 6. Walk Free, Global Slavery Index (Australia estimates) _This article is general information only, not legal advice. Laws change and individual circumstances differ. For advice on your specific circumstances, consult a qualified legal practitioner. See our [Terms of Use](/policies/terms) for the full disclaimer._ ## You might also like --- url: https://elker.com/articles/pay-secrecy-australia title: "Pay Secrecy Australia - New Fair Work Laws" description: "Understand Australia's recent changes to pay secrecy laws and how they shape a more transparent work environment." locale: en-AU generated: 2026-07-01T14:05:40.649Z --- Jan 7, 2023 # Pay Secrecy Australia - New Fair Work Laws Ban Secrecy Clauses [Compliance](/blog/compliance) Australia has enacted new laws banning pay secrecy in workplaces. The legislation aims to increase pay transparency, combat the gender pay gap, and safeguard employee rights. This article explores the implications of these changes for both employers and employees. ![Pay secrecy Australia](https://media.elker.com/ad0b615f-f671-44eb-b534-fa82b76eaa04/Breaking_Down_Pay_Secrecy_Australia_1_22885c827d.jpg?width=992) ByElker Editorial TeamReviewed byJack MurrayUpdated22 April 2026 **TL;DR** - The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 amended the Fair Work Act 2009 to ban pay secrecy clauses in new employment contracts from 7 December 2022. Clauses in contracts entered into on or after that date are unenforceable, and including one attracts civil penalties. - Existing contracts that contained pay secrecy clauses retain the wording, but the clauses become inapplicable on modification or wage augmentation, and employees can disclose or discuss their pay regardless. - Employees now have a positive workplace right to disclose (or not disclose) their remuneration and to ask colleagues about theirs. Adverse action against an employee for exercising that right is a general protections breach under the Fair Work Act. - The reform is framed explicitly as a gender pay gap measure. The article cites research that women's wages are 4 to 12 per cent higher in jurisdictions where pay secrecy is prohibited, and it sits alongside WGEA employer-level gender pay gap publication and the Workplace Gender Equality Amendment (Closing the Gender Pay Gap) Act 2023. - A related Fair Work Act rule in section 536AA, in force since 7 January 2023, prevents job ads from advertising pay rates below the applicable minimum. Mandatory disclosure of pay ranges in every job ad is not yet a nationwide Fair Work Act requirement as at April 2026, though the direction of reform points that way. ## Key takeaways - Pay transparency is now an established workplace right in Australia, with the Fair Work Legislation Amendment Act 2022 shifting employment law away from pay secrecy to transparency. - Employers must remove pay secrecy clauses from existing contracts, create transparent policies, or face substantial fines and penalties. - Companies should employ training and communication strategies to foster a trusting environment where employees can openly discuss their salaries without fear of repercussions. ## Understanding the ban on pay secrecy clauses The Australian government's decision to ban pay secrecy clauses in employment contracts aims to promote pay transparency and reduce gender [discrimination in the workplace](/articles/discrimination-in-the-workplace). This move addresses the long-standing issue of pay secrecy, which has historically been a barrier to achieving pay equity. Employees will no longer be bound by employment contracts entered with clauses that prohibit open salary discussions with colleagues, as per the new employment contract regulations on enterprise agreements. ### The legal shift: from secrecy to transparency The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 marks a significant shift in employment law. As of 7 December 2022, pay secrecy clauses in new employment contracts are prohibited under the Fair Work Act 2009. These clauses, which once dictated that an employee's remuneration was confidential and prohibited them from discussing or comparing salaries with their peers, can no longer be included in new contracts. The legal shift means job advertisements must now exclude pay rates that would contravene the law or be below the employee's minimum entitlements.  ### Impact on existing and new employment contracts While existing contracts containing pay secrecy clauses will retain such provisions, they will become inapplicable if the contract undergoes modification or when wage augmentations occur. To enforce the new pay transparency rules on existing contracts, it is necessary to remove pay secrecy clauses and add provisions that prevent employers from enforcing them. Under the new pay secrecy laws, employees have the right to disclose pay details and inquire about others' pay, even if their existing contracts contain pay secrecy clauses. This empowers employees to openly discuss their salaries and contributes to a more transparent and equitable workplace. ### Penalties for non-compliance Employers who fail to comply with the new rules surrounding pay secrecy terms face substantial fines and penalties, especially since pay secrecy clauses have become a significant focus for regulators. Organisations must review their current contracts and guarantee that all new contracts comply with the prohibition on the pay secrecy clause. Comprehending the repercussions of non-compliance is key to preserving a fair and rule-abiding workplace. ![Breaking down pay secrecy: New laws in Australia infographic](https://media.elker.com/177c9d27-b11d-41b8-92f4-f5816452347d/Breaking_Down_Pay_Secrecy_Australia_2_c4245142cb.jpg?width=992) ## Pay transparency as a workplace right It's important to note the current state of gender pay inequality in Australia. As of now, there is a significant [gender pay gap of 22.8%](https://www.wgea.gov.au/publications/australias-gender-equality-scorecard). Pay secrecy has historically played a role in this disparity, serving as a veil to hide gender pay differences. As stated by Tony Burke, the Minister of Employment and Workplace Relations, promoting greater equality is directly tied to reducing pay secrecy. The new pay secrecy laws aim to tackle this issue head-on and make strides towards a more equitable workplace for all. With the ban on pay secrecy clauses, pay transparency is now considered one of the fundamental workplace rights in Australia. Employees are empowered to discuss their pay and conditions without fear of retribution, fostering a more [inclusive and trusting work environment](/articles/respect-in-the-workplace). The [new employment and workplace relations laws](/articles/closing-loopholes) significantly impact employers and employees, making pay equity and transparency prime topics in workplace conversations. ### Promoting equality and reducing the gender pay gap The ban on pay secrecy clauses is intended to promote equality and [reduce the gender pay gap](/articles/wgea-reporting-policy-practice) by encouraging open discussions about pay. Research indicates that in states where pay secrecy clauses are prohibited, [women's wages are 4 to 12 per cent higher](https://www.sbs.com.au/news/article/pay-secrecy-is-now-banned-in-australia-heres-how-that-could-benefit-you/wwwmitjkj) when compared to states where pay secrecy is allowed. This demonstrates the potential impact of pay transparency on closing the gender pay gap and promoting a fairer workplace for all. Yet, one must acknowledge that solely banning pay secrecy clauses may not entirely eliminate the gender pay gap. It is just one component of a broader strategy to address pay inequality and [workplace discrimination](/articles/discrimination-in-the-workplace). ### Encouraging open dialogue among employees Open dialogue about pay among employees can lead to a more inclusive and trusting workplace environment, improvements to job security and better pay. Effective communication about pay practices and policies helps employees understand how their efforts are valued and how pay decisions are made. As a result, they are more likely to feel they are being treated fairly, leading to improved job satisfaction and a stronger trust between employees and employers. To encourage open discussions and establish trust, companies should create transparent and consistent pay structures, regularly perform pay audits, and cultivate a culture of unhindered communication. By taking these steps, organisations can create a sense of equity and fairness within the workplace, allowing employees to pay openly and pave the way for a more transparent future. ## Adjusting company policies to align with new regulations Given the new rules on pay secrecy, companies are required to modify their policies to guarantee adherence and advocate a transparent [workplace culture](/articles/culture-audit-guide). Failing to do so could result in penalties and fines, as well as damage to the organisation's reputation and employee morale. Adopting best practices for pay disclosure policies coupled with providing effective training and communication strategies enables companies to seamlessly adjust to the new pay secrecy laws. ### Best practices for pay disclosure policies To ensure compliance with the new laws and promote transparency, employers should: - Conduct periodic pay audits to identify and rectify any disparities or biases. - Consider company culture and applicable laws when implementing pay transparency. - Protect employees' personal information. Implementing these best practices helps companies address pay disparities and biases and fosters a culture of openness and fairness within the organisation. ### Training and communication strategies Practical training and communication strategies are vital in aiding employees in comprehending their rights and duties under the new pay transparency regulations. This includes providing comprehensive training on pay transparency, conducting periodic pay audits, and staying informed about changes in legislation. Clear communication of pay practices and policies is crucial in building trust between employees and employers and ensuring a smooth transition to the new pay transparency landscape. Creating a culture of unhindered communication and trust is key in encouraging open conversations about pay and tackling any potential obstacles to conveying pay transparency policies to employees. Companies can create a more inclusive, fair, and transparent workplace by adopting these strategies. ![Breaking down pay secrecy: Gender pay gap in Australia infographic](https://media.elker.com/1ec62019-15d1-4a30-b86d-01c8be11eafb/Breaking_Down_Pay_Secrecy_Australia_3_78768378a5.jpg?width=992) ## Summary Practically, the ban on pay secrecy clauses is designed to decrease the gender pay gap over time by supporting transparency. Having conversations about pay equality can be difficult and confronting for employees. These conversations can be facilitated by having easy access to [anonymous reporting](/articles/anonymous-reporting-advantages-disadvantages) pathways where they can seek advice and support about wages. Whether it's an employee concerned about their pay, or a leader reporting pay disparity, [anonymous reporting](/articles/what-is-whistleblowing) makes sure there is no retribution for raising the issue. [Contact us](/contact) to find out how we can assist your organisation in increasing transparency and trust in the workplace. ### Key takeaways - Pay secrecy clauses in new contracts from 7 December 2022 onwards are not just unenforceable, they also attract civil penalties. Refreshing contract templates is a baseline compliance task. - Older contracts retain the wording until they are modified or wages are varied, but employees can already disclose and discuss pay regardless of what the clause says. - The right to disclose pay is a workplace right for general protections purposes, which brings the reverse onus of proof and civil penalty exposure into play for any retaliation. - Pay transparency is paired with WGEA employer-level gender pay gap publication as part of a combined policy package, not treated as a standalone reform. - Employees rarely raise pay concerns directly with line managers. Anonymous or confidential pathways are usually where these issues first surface, which makes the speak-up channel a meaningful part of a pay equity programme. ## Frequently asked questions No, not for contracts entered into on or after 7 December 2022. The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 amended the Fair Work Act 2009 to ban pay secrecy clauses in new contracts and to give employees a positive right to discuss or disclose their pay. Pay secrecy clauses in older contracts retain the wording but become inapplicable on contract modification or wage increase, and employees can discuss their pay regardless. The reform brings Australia into line with similar bans already in place in the US and UK. Pay secrecy laws came into effect on 7 December 2022 as part of the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022. From that date, it has been unlawful for employers to include pay secrecy clauses in new employment contracts, and employees have a positive right to openly discuss their pay rates without fear of retribution. The change promotes greater transparency and helps address wage disparities, particularly the gender pay gap. The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 is a significant piece of Australian legislation that amends the Fair Work Act 2009 to improve working conditions and workplace rights. Its provisions enhance job security, support fair pay, and promote equality in the workplace. One of its key measures is the prohibition of pay secrecy clauses in new employment contracts, which aligns with the broader goal of transparent pay practices and sits alongside reforms on [respect at work](/articles/what-the-respect-at-work-bill-means-for-your-business) and [discrimination](/articles/discrimination-in-the-workplace). No. Employees have a workplace right under the Fair Work Act to disclose their remuneration (or to choose not to) and to ask colleagues about theirs. Adverse action, dismissal, demotion, performance management, or any other detriment because an employee exercised that right is a general protections breach, with civil penalties and compensation available. Not as a direct consequence of the pay secrecy ban. The current Fair Work Act rule (section 536AA, in force since 7 January 2023) is that job advertisements must not list a rate of pay below the minimum rate payable under a modern award or enterprise agreement. Mandatory pay ranges in every job ad are not yet a nationwide Fair Work Act requirement as at April 2026, though the WGEA transparency agenda and state reform proposals point in that direction. Including a pay secrecy clause in a contract entered into on or after 7 December 2022 attracts civil penalties under the Fair Work Act, and the clause itself is unenforceable. The article notes fines of up to A$82,500 for individuals and A$825,000 for serious contraventions by body corporates, though civil penalty unit amounts are indexed and rise over time. Check the Fair Work Ombudsman for current figures before relying on any specific amount. The two are deliberately linked. Pay secrecy historically hid gender pay differences, and research cited in the article shows women's wages are 4 to 12 per cent higher in jurisdictions where pay secrecy is prohibited. Removing the clauses, combined with WGEA's employer-level gender pay gap publication and the Workplace Gender Equality Amendment (Closing the Gender Pay Gap) Act 2023, makes pay transparency the default and gives employees the information they need to identify pay inequity. ### Sources 1. Fair Work Act 2009 (Cth), ss 333B-333D (pay secrecy provisions) and s 536AA (minimum rate in job ads) 2. Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) 3. Fair Work Ombudsman, guidance on pay secrecy and workplace rights 4. Workplace Gender Equality Agency (WGEA), gender equality scorecard and pay transparency guidance 5. Workplace Gender Equality Amendment (Closing the Gender Pay Gap) Act 2023 (Cth) _This article is general information only, not legal advice. Laws change and individual circumstances differ. For advice on your specific circumstances, consult a qualified legal practitioner. See our [Terms of Use](/policies/terms) for the full disclaimer._ ## You might also like --- url: https://elker.com/articles/person-centred-and-trauma-informed-approach title: "Person-Centred and Trauma-Informed at Work (AU Guide)" description: "What a person-centred and trauma-informed approach actually looks like at work, why both sit inside the AHRC's positive duty under the Sex Discrimination Act, and how Australian employers apply them." locale: en-AU generated: 2026-07-01T14:05:40.705Z --- Oct 7, 2023 # Person-centred and trauma-informed approaches at work: a guide for Australian employers [Respect@Work](/blog/respect-at-work)[Cultural change](/blog/cultural-change) A person-centred and trauma-informed approach puts the individual's experience at the centre of how a workplace responds to harm. We cover what each term means, why both now sit inside the Sex Discrimination Act positive duty, and how Australian employers apply them. ![What is trauma-informed care?](https://media.elker.com/28e7397f-a8ab-45e1-8f1a-ba5ad4915b6c/trauma-informed-care.jpeg?width=992) ByElker Editorial TeamReviewed byJack MurrayUpdated29 April 2026 **TL;DR** - A person-centred and trauma-informed approach puts the individual's unique experiences, needs, and preferences at the centre of how an organisation responds to unlawful conduct. It recognises that traumatic events shape how people disclose, engage, and recover. - The Australian Human Rights Commission's August 2023 Guidelines for Complying with the Positive Duty set out four guiding principles for employers: consultation, gender equality, intersectionality, and trauma-informed and person-centred care. All four are expected under the Sex Discrimination Act 1984 as amended by the Respect at Work reforms. - Being person-centred means empowerment, respect for timing, tailored responses instead of blanket procedures, prioritising wellbeing, and engaging with individuals directly rather than deciding about them. - Being trauma-informed means understanding that trauma can affect memory and behaviour, recognising cultural context, using active listening and neutral language, and creating safe and confidential environments for disclosure. - In the aged care sector, the Aged Care Act 2024 (Cth), which commenced on 1 November 2025, incorporates related language in section 23 (Statement of Rights), requiring services to be "trauma-aware and healing-informed," a phrasing that sits alongside the broader person-centred and trauma-informed practice described in this article. If you're familiar with the Respect at Work Bill, you've probably come across the terms "trauma-informed" and "person-centred". These terms describe the approach to supporting individuals impacted by [unlawful conduct](/articles/dealing-with-workplace-misconduct). As we work on improving compliance and [safety in our workplaces](/articles/psychologically-safe-workplace), we must understand these terms and put into practice the concepts learned. This knowledge ensures the [respect and care](/articles/respect-in-the-workplace) that people deserve when dealing with sensitive incidents. ## **Legislative reforms** In August 2023, the Australian Human Rights Commission (AHRC) [released clear guidelines](https://humanrights.gov.au/__data/assets/file/0030/46974/Guidelines-for-Complying-with-the-Positive-Duty-2023.pdf) for compliance with the updated Sex Discrimination Act 1984 (Cth). These [guidelines detail seven standards](/articles/7-standards-positive-duty-sex-discrimination-act) all Australian workplaces must follow to ensure they align with the legislative amendments. The aim is straightforward: eliminate all forms of [discrimination](/articles/discrimination-in-the-workplace) and harassment on the ground of sex in the workplace. Businesses and organisations in Australia understand that hostile work environments can hinder their talent acquisition and retention, decrease efficiency, and expose them to substantial legal and reputational challenges. Such an environment can deter potential customers and investors, impacting their reputation and financial health. ## **Understanding the positive duty requirements** All employers are responsible for fostering a safe working environment, regardless of an individual's gender, sexual preference, race, disability or [protected status](/articles/employment-discrimination-law). Positive duty was a key amendment introduced in the Respect at Work legislation that mandates employers to be _proactive_ in [eliminating workplace sexual harassment](/articles/5-risk-factors-for-sexual-harassment-in-the-workplace) and sex-based discrimination. Businesses, universities and organisations [can no longer be complacent in their duties](/articles/what-the-respect-at-work-bill-means-for-your-business) towards protecting individuals. They can no longer simply _react_ to reports of unlawful conduct. The law now states that they must take all reasonable and proportionate measures to eliminate unlawful conduct from the workplace. ## The four guiding principles Meeting positive duty compliance is one thing. How workplaces interpret, understand and guide the policies and training around their compliance is a different challenge. The _quality_ of understanding, support and care we provide to one another in the workplace can make a difference to the mental health of our colleagues and members. The mental wellbeing of employees is particularly foundational to a safe and positive working environment. Human resources and company leaders will use these principles to improve employee retention and satisfaction. As such, the AHRC recommends four guiding principles for the effective implementation of the positive duty standards: ### **Consultation** Engage in meaningful dialogue with workers. Understanding their needs and concerns. Discuss workplace risks and strategies for eliminating unlawful conduct. Assess what current policies, wellness or [mental health care services you provide for employees](/articles/mentally-healthy-workplace) and ask whether these benefits meet the needs of workers. And finally, as you implement policy and steps toward your positive duty, communicate and involve employees. ### **Gender equality** Through policies, leadership and practice, you must commit to ensuring equal rights, rewards, opportunities, and resources for individuals of all genders. Leadership should reinforce the collective goal of achieving comprehensive gender equality. This principle does not mean a cynical "box ticking" of compliance. It means a serious commitment to cultural change through diversity in the recruitment process, reviewing your organisation's gender pay gap, and fostering inclusion strategies. ### **Intersectionality** When guiding policy and practice, the multifaceted aspects of an individual's identity should be recognised. Intersectionality refers to the interconnected nature of economic class, race, culture, religion, age, disabilities, gender, and lived experiences. These aspects interact and affect each other, compounding both privileges and oppressions. These differences shape the individual's response to trauma, comfort levels in reporting incidents and, ultimately, the dynamics of a workplace. ### **Trauma-informed and person-centred care** A trauma-informed and person-centred approach puts individuals' needs, values and preferences at its core. It prioritises an individual's safety, choices and empowerment and acknowledges the profound impact of trauma in the response to unlawful conduct. This guiding principle is arguably the most complex, as it determines the quality and effectiveness of trauma-informed care. We will further analyse this principle, showing how to apply these approaches to the AHRC's positive duty guidelines. ![Person-centred approach to supporting your workforce](https://media.elker.com/a562a57a-cde3-41c1-90b0-ccbc7024a8d0/person-centred-approach.png?width=992) ## What does being person-centred mean? A person-centred approach focuses on the individual's unique experiences, needs, and preferences rather than solely relying on established systems or practices. This approach diverges from traditional service or system-based approaches, which have historically been the norm, especially in the context of addressing issues such as sexual harassment. ### **Key aspects of a person-centred approach**: - **Empowerment**: The affected individual plays a pivotal role in deciding how to report an issue and is included in decision-making about how to address it. While their wishes and interests are paramount, it doesn't necessarily mean they singularly determine an organisation's response. The organisation must balance this with their duty of care to others. - **Respect for timing**: Recognising that individuals may need time to process incidents and should feel free to share their experiences when they're ready. Imposing stringent time limitations on reporting can dissuade individuals from coming forward. - **Tailored responses over blanket solutions**: Traditional methods might lean towards broad solutions designed to fit organisational structures. In contrast, person-centred care seeks solutions best suited for the individual affected, considering their specific context and needs. - **Prioritising wellbeing**: An approach that emphasises the wellbeing of individuals fosters greater trust and engagement. It also facilitates the recovery process for all parties involved, leading to more victims coming forward and improved chances for a satisfactory resolution. - **Distinguishing between system and individual**: To illustrate the difference: - Engage in conversations with the individual rather than discussing them without their involvement. - Prioritise listening over merely directing or instructing. - Collaborate in planning with the individual instead of imposing plans upon them. - Understand and respect their unique context instead of applying broad organisational interpretations. - Respect every individual's position in the organisation, disregarding hierarchical differences. ## What is trauma-informed care? Trauma refers to an individual's emotional, psychological, and sometimes physical response to events or situations that are deeply distressing or disturbing. These events can vary from personal experiences like domestic violence, accidents, or personal losses to work-related incidents such as [bullying](/articles/understanding-and-preventing-workplace-bullying), harassment, or [serious misconduct](/articles/serious-misconduct). It's pivotal to recognise that while many individuals may encounter distressing events, not all will develop trauma. The development and manifestation of trauma are influenced by an individual's resilience, previous experiences, support system, and coping mechanisms. Given the estimates that a significant proportion of the population experiences trauma, with its potential long-lasting and profound impacts, organisations must adopt a trauma-informed approach. This approach is characterised by: - **Traumatic experiences can be overwhelming.** While many who experience trauma share specific reactions, every individual and their experience is unique. - **Trauma can affect memory.** The brain's response during traumatic events may affect how those events are recorded and recalled, making recounting specific details challenging. - **Cultural context matters.** The individual's identity, which includes aspects like age, ethnic background, sex, disability, migration status, and more, influences how they perceive and recover from traumatic events. - **Respect is key.** Being trauma-informed means approaching every individual with the utmost respect for their unique experiences, and understanding that their cultural and personal backgrounds play a role in how they deal with trauma. When it comes to practical application, especially in sensitive situations like interviews, a trauma-informed approach involves: - **Transparency:** Clearly explaining roles, processes, and the importance of confidentiality. - **Prioritising control and choice:** Letting the individual have control over aspects like the interview location, ensuring they know they can pause or stop the process anytime. - **Active listening:** Minimising interruptions, allowing the individual to lead the conversation, and maintaining a good rapport. - **Neutral language:** Using non-directive questions that encourage sharing without challenging the individual's recollection. - **Safety and comfort:** Creating a secure and private environment for the discussion, keeping the participant's wellbeing in mind. Adopting a trauma-informed approach is not just about understanding trauma but integrating that understanding into practices and policies to ensure an empathetic, respectful, and effective response to those who have experienced trauma. ![Positive duty: developing a person-centred and trauma-informed approach to the guidelines](https://media.elker.com/aa3f899e-3035-404a-9738-07f5bc1311a4/person-centred-trauma-informed-approach.png?width=992) ## **Tackling the 7 positive duty guidelines with a person-led and trauma-informed approach** ### **1\. Leadership** Through the lens of trauma-informed and person-centred care, leadership should exemplify genuine empathy and active listening. Leaders must ensure their teams feel valued and understood, especially when disclosing incidents. Practically, this requires leaders to undergo trauma-informed training to ensure competent handling of incidents and be proactive in setting a respectful and safe tone for discussions and reporting. ### **2\. Culture** An organisational culture that embraces trauma-informed and person-led principles fosters inclusivity. Embracing diversity and intersectionality ensures that all workers feel recognised and protected regardless of background. Practical measures include [conducting a culture audit](/articles/culture-audit-guide), regular diversity, equity, and inclusion training, and promoting open dialogue and mutual respect. [Bystander training](/articles/bystander-effect-in-the-workplace) can ensure that workers feel comfortable acting in the prevention of sexual harassment and violence in the workplace.  Your organisation, whether remote or hybrid, may face challenges like [virtual harassment](/articles/combating-virtual-harassment-in-remote-work) that are less visible. Regular employee check-ins are vital. Use surveys and corporate wellness tools to gauge satisfaction and identify issues early. ### **3\. Knowledge** Knowledge acquisition in this context refers to comprehending the nuanced effects of trauma and how to support affected workers. Recognising the impact of trauma and maintaining confidentiality is paramount. On a practical level, this means continuous staff education on trauma-informed care principles and clear guidelines on maintaining discretion. ### **4\. Risk management** Mitigating potential hazards in the workplace requires understanding and anticipating the needs of those who have experienced trauma. Respecting and supporting the choices and decisions of workers is vital. This may translate into providing flexible work and leave options for those needing time to recover or cope. ### **5\. Support** Support goes beyond addressing the immediate needs; it encompasses long-term mental and emotional well-being. Offering access to mental health services and ensuring a secure and respectful environment for reporting incidents are key. Employers should also provide guidance on available resources, both within and outside the organisation. ### **6\. Reporting and response** Reporting mechanisms must be transparent and accessible. Guaranteeing that reports are treated with utmost seriousness is paramount. Workers should be [empowered to speak up](/articles/speak-up-culture) without fear of retribution. The policies and channels should include clear channels for escalation, periodic updates, and support resources available throughout the journey. Adopting an anonymous reporting system, such as Elker, can be a [practical solution to tackling this standard](/articles/anonymous-reporting-advantages-disadvantages). ### **7\. Monitoring, evaluation, and transparency** Ongoing assessment ensures that systems in place are effective and address workers' needs adequately. This requires transparency in the reporting process and regular [feedback with employees](/articles/anonymous-employee-feedback). Surveys, focus groups, and open forums can be utilised to get feedback from workers on the efficacy of implemented measures. Many [anonymous reporting tools](/articles/whistleblowing-software) offer pulse surveys and real-time analytics for the monitoring and early detection of workplace issues. ## Conclusion Understanding and implementing a trauma-informed and person-centred approach is more than just adhering to compliance; it's a commitment to reshaping the workplace culture to one of empathy, respect, and genuine support. In navigating the mandates set by the AHRC, organisations are offered an opportunity not just to avoid penalties but to enrich the lives and well-being of their workforce. The steps taken to understand trauma and prioritise the individual's needs echo far beyond policy documents and become the foundation of a thriving, inclusive, and harmonious work environment. As Australia continues to evolve in its understanding and approach to workplace harassment and [discrimination](/articles/protected-attributes), it's the duty of every organisation to evolve and foster an environment where every individual feels safe, valued, and heard. ### Key takeaways - The AHRC's four guiding principles (consultation, gender equality, intersectionality, trauma-informed and person-centred care) apply to every Australian workplace subject to the positive duty under the Sex Discrimination Act 1984. - Intersectionality matters in practice. An individual's identity, age, ethnicity, sex, disability, migration status, class, shapes how they experience trauma and how safely they can report. Policy responses that ignore intersectionality miss the people most at risk. - Person-centred care means engaging with the individual, not deciding about them. That includes collaborating on the plan, respecting the individual's choice about timing and participation, and tailoring responses to specific circumstances. - Trauma-informed interviews prioritise transparency, control, active listening, neutral language, and a private and secure environment. Memory gaps and flat affect should be understood as trauma responses, not evidence of dishonesty. - Anonymous reporting tools align naturally with both approaches because they give the discloser control over identification and pacing, and they enable two-way communication without forcing the worker to choose between safety and follow-up. ## Frequently asked questions A person-centred approach focuses on the individual's unique experiences, needs, and preferences instead of defaulting to organisation-wide procedures. A trauma-informed approach integrates an understanding of trauma into every interaction, recognising that traumatic experiences affect memory, disclosure, and engagement. Together, the two approaches ensure that responses to unlawful conduct prioritise safety, choice, empowerment, and wellbeing, rather than purely administrative efficiency. The Australian Human Rights Commission released its Guidelines for Complying with the Positive Duty in August 2023, following the Respect at Work reforms to the Sex Discrimination Act 1984. The Guidelines identify four guiding principles for compliance, and trauma-informed and person-centred care is one of them. The reasoning is practical: traditional procedural responses to sexual harassment and sex-based discrimination often discouraged reporting and caused secondary harm. Person-centred and trauma-informed practice produces better outcomes for the individuals affected and for the organisations investigating. In practice, it means being transparent about the process and the role of each party, offering control over interview location and pacing, listening actively without interruption, using non-directive questions, and creating a safe and private environment. It also means recognising that trauma affects memory, so gaps or inconsistencies should not automatically be treated as credibility issues. [Serious misconduct](/articles/serious-misconduct) investigations in particular benefit from this approach because the people affected are often dealing with the immediate effects of the conduct itself. The Aged Care Act 2024 (Cth), which commenced on 1 November 2025, uses the phrase "trauma-aware and healing-informed" in section 23 (Statement of Rights). This creates an obligation on registered aged care providers to deliver services that recognise and respond to trauma. The broader principles described in this article, safety, choice, empowerment, cultural context, apply across aged care, disability, education, and healthcare, and were central to the recommendations of the Royal Commission into Aged Care Quality and Safety. They fit naturally. Anonymous reporting gives the discloser full control over identification, pacing, and how much of their story they share, which are core trauma-informed principles. It also reduces the barrier to reporting for individuals who fear [retaliation or victimisation](/articles/what-is-unlawful-victimisation-in-the-workplace), which is especially important in cases of [sexual harassment](/articles/5-risk-factors-for-sexual-harassment-in-the-workplace) and [bullying](/articles/understanding-and-preventing-workplace-bullying). Modern platforms enable two-way anonymous communication so the organisation can respond and support without forcing the individual to identify themselves. ### Sources 1. Australian Human Rights Commission, Guidelines for Complying with the Positive Duty (August 2023) 2. Sex Discrimination Act 1984 (Cth), as amended by the Respect at Work reforms 3. Royal Commission into Aged Care Quality and Safety, Final Report (2021) 4. Aged Care Act 2024 (Cth), section 23 (Statement of Rights), commenced 1 November 2025 5. Blue Knot Foundation, Practice Guidelines for Identifying and Responding to Complex Trauma 6. For NZ variant: Whanaketia, Report of the Royal Commission of Inquiry into Abuse in Care (2024) _This article is general information only, not legal advice. Laws change and individual circumstances differ. For advice on your specific circumstances, consult a qualified legal practitioner. See our [Terms of Use](/policies/terms) for the full disclaimer._ ## You might also like --- url: https://elker.com/articles/protected-attributes title: "Protected Attributes (Fair Work Act): All 16 Grounds" description: "The Fair Work Act protects employees from discrimination on 16 protected attributes: race, sex, age, disability, gender identity, intersex status, breastfeeding, and more. Plain-English guide for Australian workplaces." locale: en-AU generated: 2026-07-01T14:05:40.757Z --- Nov 1, 2022 # Protected attributes under the Fair Work Act: all 16 grounds explained (2026) [Reporting](/blog/reporting)[Compliance](/blog/compliance) The Fair Work Act 2009 prohibits workplace discrimination on 16 protected attributes. We list every ground, link each to the relevant federal and state laws, and explain how the protection applies across recruitment, pay, promotion, and termination. ![Protected attributes under the Fair Work Act](https://media.elker.com/7554c29e-bead-4448-88b7-d362843de78b/protected-attributes-fwa.png?width=992) ByElker Editorial TeamReviewed byJack MurrayUpdated29 April 2026 **TL;DR** - "Protected attributes" are personal characteristics that the Fair Work Act 2009 and other federal and state laws protect employees and job applicants from being discriminated against on. - From 7 December 2022 the Fair Work Act has covered 16 protected attributes after **breastfeeding, gender identity and intersex status** were added: race, colour, sex, sexual orientation, age, physical or mental disability, marital status, family or carer's responsibilities, pregnancy, religion, political opinion, national extraction, social origin, breastfeeding, gender identity, and intersex status. - State and territory equal opportunity laws add further attributes that vary by jurisdiction. Employers operating across jurisdictions must comply with all applicable lists. - Employers found to breach the Fair Work Act can face court-ordered fines of up to **$82,500 per breach for a company and $18,780 for an individual**. - Protection covers every stage of employment: job ads, recruitment, pay, promotion, training, terms and conditions, and termination. Both direct and indirect discrimination are unlawful. ## Key takeaways From 7 December 2022, the Fair Work Act protects employees from discrimination based on breastfeeding, gender identity and intersex status. Employers must take proactive steps to create an inclusive workplace environment by implementing anti-discrimination policies, providing assistance and reporting options for employees experiencing discrimination, understanding the potential penalties for non-compliance and [fostering a culture of diversity and inclusion](/articles/respect-in-the-workplace). Staff training, open communication channels and anonymous reporting tools should be implemented to ensure a safe work environment that embraces all individuals regardless of their protected attributes. ## The three new protected attributes under the Fair Work Act The Fair Work Act now encompasses three additional protected attributes: breastfeeding, gender identity, and intersex status. These new attributes complement the existing protections under federal discrimination laws to ensure individuals are treated fairly, regardless of their protected characteristics or associations. - **Gender identity:** Under the Fair Work Act, gender identity is defined as one's gender-related identity, mannerisms, or appearance, irrespective of the gender they were born with. This protected attribute ensures that individuals are safeguarded from discrimination based on gender identity, enabling them to work in a supportive and inclusive environment. Discrimination based on gender identity can range from overt actions, such as harassment or exclusion, to more subtle forms of discrimination, like refusing to use an individual's preferred pronouns. - **Intersex status:** Intersex status refers to the presence of physical, hormonal, or genetic features that are neither wholly female nor wholly male, or a combination of female and male, or neither female nor male. Direct intersex status discrimination occurs when an individual is treated less favourably than others in a similar situation because of their intersex traits. Indirect intersex status discrimination happens when a seemingly neutral policy or requirement puts intersex people at a disadvantage. - **Breastfeeding:** Employers must make reasonable accommodations for employees who breastfeed, which includes offering suitable facilities and scheduling breaks for breastfeeding or expressing milk. Neglecting these accommodations could be seen as discriminatory and a violation of work health and safety regulations. Other instances of breastfeeding discrimination may involve making unsuitable jokes or remarks about an employee's choice to breastfeed or express milk during work hours. Employers need to acknowledge and rectify any instances of breastfeeding discrimination to cultivate a positive workplace culture and adhere to federal anti-discrimination laws. To prevent discrimination against individuals with protected attributes, employers should implement clear policies and procedures, provide education and training, and foster a culture of diversity and inclusion. An anonymous reporting system, or [whistleblowing hotline](/articles/whistleblowing-software), can play a significant role in safeguarding employees. These systems provide a layer of safety and confidence by ensuring individuals can voice their concerns without revealing their identity. ## Anti-discrimination legislation in Australia Australia has several federal and territory anti-discrimination laws. These include: - Age Discrimination Act 2004 - Disability Discrimination Act 1992 - Racial Discrimination Act 1975 - Sex Discrimination Act 1984 - Australian Human Rights Commission Act 1986 - Fair Work Act 2009 Visit our main article, [Discrimination In the Workplace](/articles/discrimination-in-the-workplace), where we discuss the specifics of these laws. ## The 16 protected attributes under the Fair Work Act The Fair Work Act 2009 safeguards employees from discrimination based on: - race - colour - sex - sexual orientation - age - physical or mental disability - marital status - family or carer's responsibilities - pregnancy - religion - political opinion - national extraction - social origin - breastfeeding - intersex status - gender identity These protections ensure that all individuals have the right to fair treatment and equality in the workplace, regardless of their certain personal characteristics or associations. ### Race Racial discrimination is when a person is treated less favourably or not given the same opportunities as others in a similar situation because of their race, colour, descent, national origin, or ethnic origin. Examples of racial discrimination in employment could include indirect discrimination, such as insisting that all employees speak English at all times, even during breaks, which may disadvantage those for whom English is not their first language. It could also manifest in more direct discrimination, such as employing someone from a particular racial group due to stereotypes or subjecting employees to negative comments about their ethnicity, leading to unfair treatment in the workplace based on race. Furthermore, employers can also be held legally responsible for discrimination or harassment by their employees. Such accountability is critical in ensuring that all individuals are treated equitably and with respect in the workplace, irrespective of their racial background. ### Colour Colour discrimination occurs when an employee or prospective employee is treated unfavourably or subjected to adverse action due to skin colour. This form of discrimination on the basis of colour is prohibited under the Fair Work Act, which ensures that employees are protected from discrimination based on colour and that employers are held accountable for any such actions. ### Sex Sex discrimination in the Fair Work Act 2009 in Australia is defined as treating someone less favourably than a person of the opposite sex would be treated in the same or similar circumstances. Concrete examples of sex discrimination include: - Refusing to hire a woman because the employer assumes she won't fit into a traditionally male-dominated workplace. - Paying a woman less than a man for performing the same job despite having similar skills, experience, and qualifications. - Providing different career development opportunities to men and women, such as favouring men for leadership roles or advanced training programs. - Setting inconsistent dress codes for men and women in a workplace setting which may unfairly disadvantage one sex over the other. Employers have a legal obligation not to discriminate against employees based on sex and must take all reasonable steps to [prevent sex discrimination and sexual harassment](/articles/7-standards-positive-duty-sex-discrimination-act). Violators can be held legally responsible for sex discrimination or sexual harassment by their employees, with penalties imposed for breaches of the Fair Work Act. ### Sexual orientation Sexual orientation discrimination occurs when an employee or prospective employee is treated unfavourably or subjected to adverse action due to their sexual orientation. Examples of how this discrimination may manifest include refusing to hire someone based on their sexual preference, denying training or promotion opportunities because of their sexual orientation, or creating a hostile work environment through harassment or inappropriate jokes. ### Age Age discrimination encompasses any situation where an employee or job applicant receives less favourable treatment, specifically because of their age. This can manifest in various forms, including biases in hiring, promotion, job assignments, termination, and compensation, as well as harassment and age-based derogatory remarks. Such discriminatory practices are unethical and illegal under the Age Discrimination Act, which works in tandem with the Fair Work Act to safeguard employees and impose penalties on employers who allow or engage in ageist behaviours. ### Physical or mental disability Disability discrimination occurs when an employee or prospective employee is treated unfavourably or subjected to adverse action due to physical or mental disability. This form of discrimination is prohibited under the Disability Discrimination Act, which, along with the Fair Work Act, provides legal protections for employees and penalties for employers who engage in such conduct. Employers must also make reasonable adjustments to accommodate employees with disabilities, such as providing assistive technology or modifying work hours. It is important to note that a person with a disability may still be able to perform certain jobs effectively with reasonable accommodations in place, ensuring that they have equal opportunities in the workforce. ### Marital status Marital status discrimination refers to the prejudicial treatment an employee or prospective employee faces due to their current marital situation, whether they are single, married, divorced, or in a de facto relationship. This unfair treatment can manifest in various ways, such as being overlooked for promotions, receiving unequal pay, or being excluded from training opportunities solely based on their marital status. The Fair Work Act explicitly prohibits such discrimination, mandating legal protections for employees and establishing penalties for employers who exhibit conduct that disadvantages an individual because of their marital or relationship status. ### Family or carer's responsibilities Discrimination based on family or carer's responsibilities in the Fair Work Act 2009 involves treating employees adversely because they have responsibilities related to caring for dependents or family members. Examples of this type of discrimination include scenarios such as: - Refusing to hire a single mother because the employer assumes she will miss too many days of work to care for her child. - Demoting an employee who takes extended leave to care for an aging parent without considering alternative options, such as remote work or reduced hours. ### Pregnancy/return to work discrimination Pregnancy or return to work discrimination includes a range of unfair treatments targeting employees or job applicants due to pregnancy. This can manifest as differential treatment, workplace harassment, or exclusion from certain activities. It also involves inadequate communication about maternity leave entitlements, which is a legal right, and expectations to undertake tasks that may not be safe during or shortly after pregnancy, like heavy lifting. The pressure some employees feel to hide their pregnancy to avoid potential career setbacks is a sign that a workplace must improve its culture and policies. ### Religion Religious discrimination is where individuals are unfairly treated or subjected to negative consequences because of their religious beliefs, practices, or affiliations. Specific forms of religious discrimination can include but are not limited to being denied promotions, receiving disparaging remarks about one's faith, being excluded from company events, or being forced to participate in activities that conflict with one's religious observances. Additionally, it may manifest in less overt ways, such as scheduling important meetings during religious holidays without considering the availability of employees who observe those days or a lack of policy accommodations for religious dress codes and grooming practices. To combat unlawful discrimination, employers are expected to proactively create an inclusive workplace culture that respects and values the diversity of religious expressions. This includes providing reasonable accommodations for religious practices, such as prayer breaks or allowing for religious attire, and ensuring that all employees feel their beliefs are respected and valued as part of the company's commitment to diversity and inclusion. ### Political opinion Under the Fair Work Act 2009 in Australia, it is unlawful for employers to discriminate against employees or candidates based on their political opinions. Political opinion encompasses a range of beliefs, including but not limited to affiliation with a political party, expressing political or socio-political viewpoints, moral stances, or active civic engagement. Discrimination on the grounds of political opinion can manifest in various ways, such as choosing not to hire an individual due to their political affiliations or terminating an employee for expressing political beliefs that conflict with the employer's views. Employers are barred from taking adverse actions against employees solely based on their political stances. However, this protection does not extend to situations where an employee expressing political opinions violates the company's policies, such as engaging in harassment or discriminatory behaviour towards colleagues. ### National extraction National extraction refers to a person's national or ethnic origin. Discrimination on this ground could include refusing to hire someone because of their ethnicity or ancestry or treating an employee unfairly because of their national extraction. For example, an employer may refuse to promote an employee because of their ethnicity or make derogatory comments about their ancestry. It is important to note that a one-off incident can constitute discrimination. ### Social origin Discrimination on the ground of social origin, as outlined in the Fair Work Act 2009 in Australia, involves treating an employee or potential employee unfairly because of their social class, socio-occupational category, or caste. This includes practices where an employer might withhold promotions, engage in derogatory commentary about an employee's background, or exhibit any form of unfair treatment rooted in caste distinctions. The Act explicitly prohibits the termination of an employee's position based on social origin. ## Compliance with new laws To ensure compliance, employers should: - Keep updated on the new laws regarding protections for breastfeeding, gender identity, and intersex status - Maintain a diverse and inclusive workplace - Update internal policies - Provide assistance and reporting options for employees experiencing discrimination - Be aware of potential penalties for contraventions of the law. ### Updating internal policies Employers should review and revise their internal policies to incorporate the new protected attributes into their anti-discrimination policies, ensuring that all employees know their rights and responsibilities under the updated Fair Work Act. This includes updating policies regarding breastfeeding accommodations, gender identity protections, and intersex status safeguards to promote an inclusive workplace. ### Seeking assistance and reporting discrimination Employees who experience discrimination based on the protected attributes should address discrimination concerns through an organisation's internal anonymous reporting system if they feel safe to do so. They may also seek assistance from the Australian Human Rights Commission or the Fair Work Ombudsman, who are responsible for ensuring compliance with the Fair Work Act and addressing complaints under the Commonwealth anti-discrimination laws. For employers, establishing transparent and safe reporting procedures can mean the difference between employees feeling comfortable addressing discrimination internally and the potential escalation to external authorities. By [creating clear, accessible channels for reporting](/articles/anonymous-reporting-advantages-disadvantages), employees are assured of a confidential and secure process for voicing their concerns. This not only [empowers individuals to speak up](/articles/speak-up-culture) without fear of retribution but also positions the company to address and rectify issues of discrimination proactively. Such preemptive measures can prevent the need for intervention by larger governing bodies, which might involve formal investigations and potential legal consequences. ### Penalties for contraventions Employers found to violate the Fair Work Act may face penalties imposed by a court, including fines of up to $82,500 per breach for a company and $18,780 for an individual. Employers must stay informed about the new laws and take appropriate steps to ensure compliance with federal laws, promote an inclusive workplace, and avoid potential penalties for contraventions. ## Best practices for fostering inclusive workplaces To cultivate a workplace that values diversity and respects all employees, irrespective of their personal characteristics, employers should consider implementing best practices, such as: - **Diversity training**: Diversity training is a significant factor in cultivating an inclusive work environment that values and respects all employees. By providing comprehensive training programs that address various aspects of diversity, including unconscious bias, cultural competency, and gender equality, employers can equip their workforce with the knowledge and skills necessary to promote a harmonious and inclusive workplace for everyone. - **Open communication channels**: Establishing open communication channels and anonymous reporting options for employees is essential in fostering a safe and inclusive workplace environment. By providing multiple avenues for employees to voice their concerns and report incidents of discrimination without fear of retaliation, employers can promote transparency, accountability, and trust within the organisation, ultimately leading to a more inclusive and harmonious work environment. - **Anonymous reporting options for employees:** Anonymous reporting tools are an essential mechanism for preventing discrimination in the workplace. These tools allow employees to report discrimination without revealing their identity, reducing the fear of retaliation and encouraging more open communication. Anonymous reporting can help employers identify and address issues promptly, fostering a safer and more inclusive work environment. By implementing such tools, employers can demonstrate their commitment to addressing discrimination and promoting equality within the workplace. - **Offering flexible work arrangements:** Offering flexible work arrangements can significantly aid in cultivating an inclusive workplace that respects all employees' diverse needs and lifestyles. By allowing employees to work remotely, adjust their work hours, or engage in other flexible work options, employers can accommodate the unique needs of individuals with different protected attributes, ultimately promoting a more inclusive and supportive work environment for all. ## Summary Elker is an anonymous reporting platform designed to [facilitate the early detection of workplace issues](/articles/anonymous-employee-feedback) such as harassment, discrimination, [bullying](/articles/understanding-and-preventing-workplace-bullying), [misconduct](/articles/dealing-with-workplace-misconduct) and safety concerns. By implementing Elker's secure reporting mechanism, employers can promptly address concerns and maintain compliance with the Fair Work Act, Sex Discrimination Act, and other Australian workplace laws. Elker is committed to assisting your company in creating a safer and more compliant work environment. [Book a demonstration](/book-demo) of our platform today and discover how we can help your organisation stay ahead of potential issues. ### Key takeaways - The three most recent additions, breastfeeding, gender identity, and intersex status, mean employers need up-to-date policies and training that explicitly address each. - Breastfeeding protection includes practical obligations: suitable facilities, appropriate scheduling of breaks, and avoiding comments or jokes about an employee's choice to breastfeed or express milk. - Gender identity protection extends beyond direct actions like harassment or exclusion to subtler forms such as refusing to use an employee's preferred pronouns. - Intersex status discrimination includes both direct (unfavourable treatment because of intersex traits) and indirect forms (seemingly neutral rules that put intersex people at a disadvantage). - State anti-discrimination laws sometimes protect attributes not covered federally. Victoria protects employment activity, NSW covers additional attributes, and each jurisdiction has its own complaint process and remedies. A layered compliance approach is required. ## Frequently asked questions The Fair Work Act protects 16 attributes: race, colour, sex, sexual orientation, age, physical or mental disability, marital status, family or carer's responsibilities, pregnancy, religion, political opinion, national extraction, social origin, breastfeeding, gender identity, and intersex status. For the surrounding framework, see our guide to Australian [employment discrimination law](/articles/employment-discrimination-law). Breastfeeding, gender identity, and intersex status were added effective 7 December 2022. Employers should update their anti-discrimination policies, reporting mechanisms, and training programs to cover each of the three attributes explicitly. In New South Wales it is unlawful to discriminate on the basis of a number of protected attributes under the Anti-Discrimination Act 1977 (NSW), including age, disability, race, sex, gender identity (transgender), marital or domestic status, sexual orientation (homosexuality), carer's responsibilities, and HIV/AIDS status. The protections apply in areas such as education, employment, and the provision of goods and services. Employers operating in NSW must comply with these state protections in addition to the 16 protected attributes under the Fair Work Act 2009. Yes. Each state and territory has its own equal opportunity or anti-discrimination Act with its own list of protected attributes, complaint processes, and remedies. Employers should ensure their policies cover both federal and state protections relevant to each worker's location. Courts can order fines of up to $82,500 per breach for a company and $18,780 for an individual. Additional orders for compensation and remedial action may also be available. See our broader [discrimination in the workplace](/articles/discrimination-in-the-workplace) guide for prevention practices. Employers must make reasonable accommodations, including offering suitable facilities and scheduling breaks for breastfeeding or expressing milk. Employers should also avoid making unsuitable jokes or comments about an employee's choice to breastfeed. Failure to accommodate can be treated as both discrimination and a breach of work health and safety obligations. Supporting a [respectful workplace culture](/articles/respect-in-the-workplace) reduces the risk of informal comments becoming formal complaints. ### Sources 1. Fair Work Act 2009 (Cth), s 351, adverse action on discriminatory grounds 2. Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth), addition of breastfeeding, gender identity and intersex status 3. Sex Discrimination Act 1984 (Cth); Racial Discrimination Act 1975 (Cth); Disability Discrimination Act 1992 (Cth); Age Discrimination Act 2004 (Cth); Australian Human Rights Commission Act 1986 (Cth) 4. State and territory equal opportunity and anti-discrimination Acts 5. Fair Work Ombudsman, guidance on protected attributes and adverse action 6. Australian Human Rights Commission, guidance on the federal discrimination Acts _This article is general information only, not legal advice. Laws change and individual circumstances differ. For advice on your specific circumstances, consult a qualified legal practitioner. See our [Terms of Use](/policies/terms) for the full disclaimer._ ## You might also like --- url: https://elker.com/articles/psychologically-safe-workplace title: "Creating a Psychologically Safe Workplace - Elker" description: "A healthy work environment is important for organisational success. But what does it take to create a psychologically safe workplace?" locale: en-AU generated: 2026-07-01T14:05:40.806Z --- Aug 15, 2024 # Creating a Psychologically Safe Workplace: Strategies for Success A healthy work environment is important for employee wellbeing and organisational success. But what does it take to create a psychologically safe workplace where employees feel comfortable taking risks, sharing ideas, and speaking up without fear of repercussions? ![Creating a psychologically safe workplace: Strategies for success](https://media.elker.com/423d39f5-b6b8-46be-a957-e83fcc1c84d8/psychologically_safe_workplace_1.png?width=992) ByElker Editorial TeamReviewed byJack MurrayUpdated22 April 2026 **TL;DR** - Psychological safety, a term coined by Harvard professor Amy Edmondson, is the shared belief that you can speak up, take risks, and be vulnerable at work without fear of embarrassment or punishment. Google's Project Aristotle (180 teams, three years) found it was the single most important factor in team effectiveness. - The article describes six strategies for creating psychological safety: address all safety concerns immediately, transform company culture, encourage risk-taking and learning, foster open communication and feedback, prioritise inclusion and diversity, and support mental health. - Dr Timothy Clark's four-component model (inclusion safety, learner safety, contributor safety, challenger safety) is the most practical operational framework for assessing where a team currently sits. - In New Zealand, WorkSafe NZ's April 2019 psychosocial hazards report sets out the regulator's expectations. In Australia, the equivalent framework is the Safe Work Australia Model Code of Practice on psychosocial hazards plus state WHS Acts. - Anonymous reporting and whistleblowing tools are structural enablers of psychological safety: they give workers a confidential way to raise sensitive issues and produce aggregated data that reveals cultural patterns management cannot otherwise see. ## **What is psychological safety?** Psychological safety is the shared belief that you can speak up, take risks, and be vulnerable without fear of embarrassment or punishment. It's the foundation of a workplace where employees feel accepted, respected, and free to be themselves. When employees feel psychologically safe, they're more likely to: - Share their ideas and opinions - Ask questions and seek feedback - Admit mistakes and learn from them - Take risks and innovate According to Harvard Business School professor Amy Edmondson, who coined the term, psychological safety is "a sense of confidence that the team will not embarrass, reject or punish someone for speaking up". This confidence is crucial for fostering open communication, creativity, and innovation in the workplace. Google's Project Aristotle, a study of 180 teams over three years, found that psychological safety was the most important factor in team effectiveness. Teams with high levels of psychological safety performed better, were more innovative and had higher employee engagement and job satisfaction. ## The benefits of a psychologically safe workplace So how can you tell if your workplace is psychologically safe? Start by asking yourself these questions: - Do employees feel comfortable speaking up and sharing ideas, even if they differ from the majority opinion? - Are mistakes seen as learning opportunities, or are they punished? - Do employees trust each other and feel respected by their colleagues? - Is there a culture of open communication and feedback? If you answered no to any of these questions, it may be time to take a closer look at your workplace culture and identify areas for improvement. You can also assess psychological safety through anonymous surveys, employee observations, and regular check-ins with team members. These methods can help you gauge the level of psychological safety in your workplace and identify any issues that need to be addressed. ![Creating a psychologically safe workplace: 6 strategies infographic](https://media.elker.com/2f787b58-d362-4b7f-9fc3-b0d723059401/psychologically_safe_workplace_2.png?width=992) ## Creating psychological safety at work Creating a psychologically safe workplace takes commitment from everyone, especially leaders. Here are some key strategies for building psychological safety in your team: ### 1\. Address all safety concerns immediately Psychological safety starts with physical safety. This means assessing the inherent risks in your organisation that could influence the mental health of your employees. Some organisations have challenging risk profiles that include interfacing with the public, isolation, night shifts, difficult or stressful tasks, and handling dangerous goods or heavy machinery. To increase safety in the workplace: - Assess incident reports to improve security and emergency protocols - Listen to the needs and concerns of workers - Address any instances of bias, discrimination, or [harassment](/articles/5-risk-factors-for-sexual-harassment-in-the-workplace) immediately ### 2\. Transform your company culture - Avoid perfectionism: This may sound counterintuitive, but research shows perfectionists are more distrusting, overreact to mistakes, and micromanage others - Celebrate individual and team successes - Provide support and resources for team members to do their best work - Address conflicts and issues in a timely and trauma-informed way - Use [pulse surveys](/articles/culture-audit-guide) to assess your company culture ### 3\. Encourage risk-taking and learning Innovation and growth require taking risks and learning from failures. To encourage risk-taking and learning in your team, you should: - Frame failures as learning opportunities and encourage team members to share their lessons learned - Provide opportunities for professional development and skill-building - Celebrate successes and milestones, no matter how small ### 4\. Foster open communication and feedback Open communication and feedback are essential for building psychological safety. You should: - Encourage team members to voice their opinions and contribute ideas, even if they challenge the prevailing viewpoint - Provide regular opportunities for feedback, both positive and constructive - Implement whistleblowing tools and anonymous surveys to understand your employees ### 5\. Prioritise inclusion and diversity To prioritise inclusion and diversity in your team, you should: - Create a welcoming and inclusive environment for people from all backgrounds - Provide equal opportunities for growth and advancement - Encourage team members to share their unique perspectives and experiences ### 6\. Support mental health in the workplace To support mental health in your workplace, you can: - Offer mental health support and resources, such as counselling services through employee assistance programs and days off for mental health and well-being - Encourage open communication about mental health and reduce the stigma around seeking help - Create a culture of self-care and work-life balance - Provide training for managers on how to support team members' mental health By prioritising mental health in your workplace, you can create a more supportive and psychologically safe environment for all employees. ![Creating a psychologically safe workplace: anonymous reporting tools for employees](https://media.elker.com/b3c8f0df-a8c2-422e-8884-c6ed3cb73212/psychologically_safe_workplace_3.png?width=992) ## The role of anonymous reporting and whistleblowing tools in the workplace Anonymous reporting and [whistleblowing](/articles/what-is-whistleblowing) tools play a crucial role in creating a psychologically safe workplace. These tools empower employees to speak up about workplace issues like discrimination, harassment, bullying, and fraud without fear of retaliation. One of the main advantages of anonymous reporting is that it allows employees to raise concerns confidentially. This is particularly important for sensitive issues that employees may be hesitant to report through formal channels. By providing a safe and secure way to report [misconduct](/articles/dealing-with-workplace-misconduct), anonymous reporting tools can help organisations identify and address problems before they escalate into more serious issues. Anonymous reporting and whistleblowing tools can provide valuable insights into the overall health and well-being of an organisation. By analysing the types of reports received and identifying patterns or trends, organisations can proactively address issues related to workplace culture, employee engagement, and psychological safety. This data-driven approach can help organisations make informed decisions and prioritise initiatives that promote a positive and supportive work environment. ## Regulations on psychological health In Australia, psychological health is governed by the Work Health and Safety Act 2011. The Work Health and Safety Regulations in Australia have [undergone recent amendments](https://www.comcare.gov.au/safe-healthy-work/prevent-harm/changes-to-whs-laws), effective from 1 April 2023, placing a greater responsibility on employers to proactively address and manage psychosocial safety risks in the workplace. The updated regulations provide more specific details on how to meet WHS duties and protect employees from [psychosocial hazards](/articles/psychosocial-hazards-at-work) and risks. These changes were key recommendations of the 2018 Review of the model WHS laws. Psychosocial hazards encompass various aspects of work design, job demands, and interpersonal dynamics that can adversely impact employees' mental health, emotional well-being, and overall psychological functioning. These hazards create stress and reduce employees' ability to cope, potentially causing psychological and physical harm. According to [Safe Work Australia](https://www.safeworkaustralia.gov.au/safety-topic/managing-health-and-safety/mental-health/psychosocial-hazards), common psychosocial hazards at work include: - Job demands - Low job control - Poor support - Lack of role clarity - Poor organisational change management - Inadequate reward and recognition - Poor organisational justice - Traumatic events or material - Remote or isolated work - Poor physical environment - Violence and aggression - Bullying - Harassment, including sexual and gender-based harassment - Conflict or poor workplace relationships and interactions To ensure a psychologically safe environment, employers must use the hierarchy of controls to manage psychosocial hazards, as set out in the WHS Regulations. This step-by-step approach ranks controls from the highest to the lowest level of protection, aiming to eliminate or reduce risks. ## How Elker can help At Elker, we understand the importance of creating a psychologically safe workplace. Our anonymous reporting platform empowers employees to speak up about workplace issues like discrimination, harassment, bullying, and fraud, without fear of negative consequences. Our tools for early detection of workplace issues, including end-to-end encryption, live chat, customisable reporting pathways, and comprehensive case management, provide employees with a safe and secure way to raise concerns. Our real-time analytics help organisations gain insights into workplace trends and highlight areas needing intervention, while our customisable workflows adapt to the needs of each company. By partnering with Elker, organisations can take a proactive approach to creating a psychologically safe workplace, where employees feel supported, valued, and empowered to speak up and drive positive change. [Book a demo today](/book-demo) and see how Elker can transform your organisation, fostering innovation, creativity, and employee wellbeing. ### Key takeaways - Psychological safety is a team-level property built by manager behaviour in small, repeated interactions, not by policy documents or one-off training. - Physical safety is a prerequisite, not a parallel concern. Workers who feel physically unsafe (public-facing work, night shift, isolation, hazardous materials) cannot achieve psychological safety until those risks are addressed. - Perfectionism in leaders is a measurable barrier. Research shows perfectionist managers are more distrusting, overreact to mistakes, and micromanage, all of which suppress speak-up. - Anonymous surveys and pulse data are the most reliable way to assess the current state, because workers systematically under-report problems through named channels. - Anonymous reporting channels act as a safety net underneath the cultural work, capturing concerns too sensitive for direct disclosure and revealing organisational patterns in aggregate. ## Frequently asked questions Psychological safety at the workplace refers to the belief that one can speak up with ideas, questions, concerns, or mistakes without fear of punishment, rejection, or embarrassment. It is a shared belief that the team is safe for interpersonal risk-taking. In a workplace with high psychological safety, employees feel comfortable being themselves, sharing their thoughts and feelings, and taking risks, trusting that colleagues and leaders will respond with empathy rather than blame. It is essential for fostering innovation, creativity, and continuous improvement at work. Dr Timothy Clark identifies four stages: inclusion safety (feeling accepted as a valued team member), learner safety (feeling safe to ask questions and make mistakes), contributor safety (feeling safe to contribute ideas and feedback), and challenger safety (feeling safe to challenge the status quo). Teams typically have to establish the earlier stages before the later ones become possible. Psychological safety is about interpersonal risk-taking: being able to speak up, admit mistakes, and disagree without fear. A [psychologically healthy (or mentally healthy) workplace](/articles/mentally-healthy-workplace) is broader, and also covers workload, job design, flexible arrangements, mental health support, and a culture free from stigma and discrimination. Safety is one essential pillar of health. Establish trust by being transparent, following through on commitments, and treating team members with respect. Encourage open communication so people feel safe to share ideas, ask questions, and give feedback without fear. Promote inclusion and diversity and address any discrimination or bias. Support employee wellbeing through mental health resources, EAP access, and work-life balance. Lead by example by admitting mistakes, showing vulnerability, and actively seeking feedback. Applied consistently over time, these steps build a supportive and collaborative work environment. Anonymous staff surveys, employee observations, and regular check-ins with team members are the standard methods. Questions should probe whether employees feel comfortable sharing ideas that differ from the majority view, whether mistakes are treated as learning opportunities, and whether there is a culture of open feedback. Triangulating multiple data sources is more reliable than any single metric. Address physical and psychosocial safety concerns immediately, avoid perfectionism, celebrate individual and team successes, frame failures as learning opportunities, encourage open feedback through [pulse surveys](/articles/culture-audit-guide) and whistleblowing tools, prioritise inclusion and diversity, and model vulnerability themselves. It is a behavioural practice repeated over time, not a one-off training session. They give workers a confidential channel for issues like discrimination, [harassment](/articles/5-risk-factors-for-sexual-harassment-in-the-workplace), bullying, and [misconduct](/articles/dealing-with-workplace-misconduct) without fear of retaliation. This surfaces problems early, before they escalate. Aggregated reporting data also reveals trends in [workplace culture](/articles/speak-up-culture) that help leaders make informed decisions about where to intervene. ### Sources 1. Edmondson, A. (1999), "Psychological Safety and Learning Behavior in Work Teams" (Administrative Science Quarterly) 2. Google re:Work, Project Aristotle findings on team effectiveness 3. Clark, T. (2020), The 4 Stages of Psychological Safety 4. WorkSafe New Zealand, Psychosocial hazards in work environments and effective approaches for managing them (April 2019) 5. Safe Work Australia, Model Code of Practice: Managing psychosocial hazards at work (2022) 6. Health and Safety at Work Act 2015 (NZ) _This article is general information only, not legal advice. Laws change and individual circumstances differ. For advice on your specific circumstances, consult a qualified legal practitioner. See our [Terms of Use](/policies/terms) for the full disclaimer._ --- url: https://elker.com/articles/psychosocial-hazards-at-work title: "Psychosocial Hazards at Work - New WHS Laws in Australia" description: "Understand Australia's WHS laws on psychosocial hazards at work. Gain insights into identifying and managing risks to ensure a healthy workplace." locale: en-AU generated: 2026-07-01T14:05:40.867Z --- Oct 24, 2023 # Psychosocial hazards at work - changes to Australian WHS laws [Compliance](/blog/compliance) Recent changes to Australian WHS laws have placed a spotlight on psychosocial hazards, underlining their impact on staff well-being and overall business health. This article delves into the nature of these hazards, their effects on workers, and the legislative shifts that demand a proactive approach to managing psychological risks in the workplace. ![Psychosocial hazards at work: New changes to WHS laws](https://media.elker.com/6606ed71-db45-449d-adbc-2388572627ff/psychosocial-hazards-workplace-guide.jpeg?width=992) ByElker Editorial TeamReviewed byJack MurrayUpdated22 April 2026 **TL;DR** - Psychosocial hazards are aspects of work design, management, and workplace relationships that can cause psychological or physical harm. The article lists sixteen common examples drawn from SafeWork NSW, including role overload, role underload, exposure to traumatic events, low job control, bullying, harassment, workplace violence, and poor organisational change consultation. - Two significant Australian regulatory updates apply: April 2023 amendments to the Commonwealth Work Health and Safety Regulations 2011 (which make the duty to manage psychosocial hazards explicit), and the Work Health and Safety Amendment Act 2022 (in effect September 2023), which broadened Category 1 offences to include negligence and prohibits insurance for monetary penalties. - Safe Work Australia's Model Code of Practice: Managing the Risk of Psychosocial Hazards at Work (2022) is the reference document. It sets out a systematic identify, assess, control, review cycle and stresses consultation with workers. - Employers must now treat psychosocial hazards with the same seriousness as physical safety risks, and the duty extends beyond direct employees to contractors and clients. - The People at Work survey is the free, evidence-based psychosocial risk assessment tool most referenced by regulators, paired with ongoing anonymous reporting to catch issues between formal assessments. ## What are psychosocial hazards? Psychosocial hazards are aspects of work and management that can increase the risk of stress and result in harm to workers. These hazards may affect mental health, leading to psychological issues, or physical health, causing injury and illness. They arise from poor workplace relationships, high job demands, and low levels of support and control. Understanding and managing these risks is essential for maintaining a healthy and productive workplace. ## How do psychosocial hazards cause harm? Psychosocial hazards pose distinct challenges to employee well-being. Stress from these risks can lead to psychological issues such as anxiety and depression, as well as physical problems like muscle injuries and chronic conditions. When multiple stressors like high workload and poor support happen simultaneously, they can worsen their impact on an employee's health. Management's role is crucial in identifying and managing these hazards. They must look at the whole environment and not just individual issues. Doing so helps prevent the compound effects of psychosocial risks, protect employees' health, and maintain workplace productivity. ![Psychosocial hazards at work: Common hazards infographic](https://media.elker.com/9561129b-3b4b-4f96-b888-221623f3faf1/common-psychosocial-risks.jpeg?width=992) ## What are the common psychosocial hazards at work? According to SafeWork NSW, workplaces may contain various psychosocial hazards. Below is a list of the most common ones: **1\. Role overload (high workloads or job demands)** Excessive workloads can overwhelm employees, leading to stress and burnout. This occurs when the volume of work exceeds an employee's capacity to manage it effectively within the required timeframes or when the complexity of tasks demands constant high-level cognitive or emotional effort. For example: - Teachers grading papers for large classes with minimal time. - IT support staff dealing with a high volume of complex queries. **2\. Role underload (low workloads or job demands)** Conversely, insufficient work or tasks that don't fully engage an employee's skills can lead to boredom and a lack of fulfilment. This often happens in roles where the work is highly repetitive, or the level of effort required is minimal. For example: - Factory workers tasked with simple, repetitive assembly tasks for extended periods. - Receptionists at low-traffic businesses with long stretches of inactivity. **3\. Exposure to traumatic events** Jobs that involve facing human suffering, accidents, or abuse carry the risk of secondary trauma and psychological harm. Employees in these roles are repeatedly exposed to events that are highly distressing or disturbing, which can have a profound effect on their mental health. For example: - Child protection workers that have to investigate and manage complex and traumatic cases. - Firefighters, police and paramedics witnessing the aftermath of severe accidents. **4\. Role conflict or lack of role clarity** Stress arises when employees are unclear about their job responsibilities or face conflicting demands. This can occur in poorly defined roles or environments where communication about expectations is inconsistent. For example: - Middle managers receiving contradictory goals from senior management. - Customer service agents balancing quality service with pressure to handle calls quickly. **5\. Low job control** Stress can also result from a lack of control over work tasks and processes. Employees who have little control over how they perform their duties or are unable to make decisions that affect their work are at a higher risk of feeling powerless and stressed. For example: - Retail employees with no authority to handle customer complaints independently. - Data entry clerks required to follow rigid procedures without any flexibility. **5\. Conflict or poor workplace relationships** Interpersonal conflicts and poor relationships with colleagues or supervisors can be significant sources of stress. This can include overt disagreements, subtle tensions, or a general [lack of harmony in the workplace](/articles/respect-in-the-workplace). For example: - Teams with incompatible working styles leading to frequent project conflicts. - An employee facing passive-aggressive behaviour from a co-worker. **6\. Poor support from supervisors and managers** When employees lack adequate support from their superiors, they may feel undervalued and overstretched. This includes having insufficient guidance, emotional support, [feedback](/articles/anonymous-employee-feedback), or resources to perform their job effectively. For example: - Sales staff without access to up-to-date product training. - Nurses in a hospital wing without sufficient administrative support. **7\. Poor co-worker support** The absence of help and cooperation from peers can isolate employees and increase their workload, particularly in team-oriented settings. For example: - A new team member struggling without an onboarding mentor. - Construction workers on a site where everyone works independently, despite safety requiring teamwork. **8\. Workplace violence** Any form of violence in the workplace, whether from colleagues or clients, creates an unsafe and distressing environment. This includes physical violence, threats, and any aggressive behaviour. For example: - Bank employees facing the threat of robbery. - Security personnel managing aggressive behaviour in public spaces. **9\. Bullying** Persistent intimidating or undermining behaviours constitute bullying and can lead to a range of psychological and physical health problems for the victims. For example: - An office worker being systematically excluded from meetings and team activities. - Apprentices subjected to continual criticism and belittlement. **10\. Harassment, including sexual harassment** [Harassment in the workplace](/articles/understanding-and-preventing-workplace-bullying), whether related to sex, race, religion, or any other protected characteristic, can significantly impact an employee's mental health and well-being. For example: - Service staff enduring inappropriate comments from customers. - Office employees dealing with [persistent unwelcome advances](/articles/5-risk-factors-for-sexual-harassment-in-the-workplace) from a colleague. **11\. Discrimination** [Discrimination](/articles/discrimination-in-the-workplace) involves treating an individual or a group unfavourably due to specific characteristics, such as gender, age, race, religion, disability, sexual orientation, or any other protected status. In the workplace, discrimination can manifest in various ways, from hiring and promotion decisions to the way daily interactions and tasks are managed. For example: - An employee overlooked for training opportunities [because of their age, gender, or ethnic background](/articles/protected-attributes). - A suitable candidate for a role is not considered because of their pregnancy.  **12\. Inadequate reward and recognition** Employees may feel demotivated and undervalued when their efforts are not recognised or rewarded appropriately, especially if they consistently perform at a high level. For example: - A staff member consistently delivering projects on time but receiving no acknowledgment. - A long-term employee being passed over for promotions despite a solid performance record. **13\. Hazardous working environments** Physical hazards and unsafe working conditions can pose risks to physical health and cause psychological stress, especially if employees feel their safety is compromised. For example: - Workers in poorly ventilated environments exposed to hazardous chemicals. - Staff in noisy workplaces without adequate hearing protection. **14\. Remote or isolated work** Employees working alone or in remote locations may face [challenges related to isolation](/articles/combating-virtual-harassment-in-remote-work), which can affect their mental health and their ability to get support in emergencies. For example: - Night-shift workers in hospitals, convenience stores or petrol stations with little foot traffic and support. - Truck drivers on long-haul routes or remote mining jobs without regular human contact. **15\. Poor procedural justice (processes for making decisions)** Perceived unfairness in the application of workplace policies and decision-making processes can lead to feelings of resentment and injustice. For example: - Employees in a company experiencing favouritism in shift allocations. - A team feeling sidelined because their feedback is consistently ignored during departmental changes. **16\. Poor organisational change consultation** Inadequate communication and support during organisational changes can lead to uncertainty and resistance, and create stress among employees. For example: - Workers in a firm where new software is implemented without proper training or input. - Staff in a retail chain undergoing restructuring with little notice or explanation of new roles. ![Psychosocial hazards at work: multiple stressors](https://media.elker.com/c85c8399-998a-4f71-a11b-0405ba2ed1dd/multiple-stressors.jpeg?width=992) ## New laws and compliance requirements New Australian work health and safety laws have recently been updated to place greater emphasis on managing psychosocial hazards. Let's explore what these changes entail and what the new WHS duties mean for Australian workplaces. ### **Changes to psychosocial regulations in the** Work Health and Safety Regulations 2011 In April 2023, significant changes were made to the Commonwealth Work Health and Safety Regulations 2011, focusing on psychosocial hazards. Employers must proactively identify and manage risks to workers' psychological health and safety. This involves reviewing approaches to managing psychosocial hazards and risks and creating mentally healthy workplaces, which includes engaging with workers and consulting them on these matters. Comcare provides guidance on psychosocial hazards and offers educational resources to support these regulatory changes. ### Changes to the Work Health and Safety Amendment Act 2022 In September 2023, the Work Health and Safety Amendment Act 2022 came into effect, implementing recommendations from the 2018 review of the Model WHS Laws. The amendments include: - Broadening the Category 1 offence to include negligence. - Prohibiting insurance for monetary penalties. - Enhancing inspector powers. - Extending the deadline for prosecution requests. - Allowing Health and Safety Representatives to choose their training courses. These changes strengthen the framework for managing workplace health and safety, including psychosocial risks. ### Compliance requirements for employers Employers must now treat the management of psychosocial hazards with the same seriousness as physical health risks. This involves ensuring that work systems are safe, the working environment is conducive to mental health, and all workers have the necessary resources to perform their jobs safely. Employers are expected to eliminate psychosocial hazards where possible or, if not practicable, to minimise these risks as much as reasonably achievable. The responsibility extends beyond direct employees to any other individuals who might be affected by the work carried out, including contractors and clients. With these legislative updates, employers need to reassess their workplace practices and ensure they are in full compliance with the new requirements, which include but are not limited to: - Establishing safe work systems and environments. - Handling and storing equipment, and substances safely. - Providing adequate welfare facilities. - Offering necessary training, information, and supervision. - Monitoring worker health and workplace conditions to control risks effectively. In addition to safety duties, organisations must navigate outsourcing, contracting, and procurement arrangements carefully to prevent creating psychosocial hazards for workers involved in these operations. Transparent communication is essential in managing shared duties to protect and promote the health, safety, and well-being of all workers. ### Code of Practice [_Managing the Risk of Psychosocial Hazards at Work: Code of Practice 2022_](https://www.safeworkaustralia.gov.au/sites/default/files/2022-08/model_code_of_practice_-_managing_psychosocial_hazards_at_work_25082022_0.pdf) is a document by Safe Work Australia that provides practical advice on managing risks associated with psychosocial hazards in the workplace. It outlines a systematic approach to managing work-related psychological health and safety, including identifying hazards, assessing and controlling risks, and reviewing control measures to ensure they are effective. Businesses should use this code as a framework to: 1. Understand their duties under the work health and safety (WHS) laws. 2. Identify psychosocial hazards such as high job demands, low job control, poor support, lack of role clarity, poor organisational change management, workplace relationships, low recognition and reward, poor organisational justice, poor environmental conditions, and violent or [traumatic events](/articles/person-centred-and-trauma-informed-approach). 3. Assess the risks these hazards pose to workers by considering the nature of the work, how it is organised and managed, and the working environment. Organisations can [audit their organisational culture](/articles/culture-audit-guide) to obtain insights into existing workplace concerns. 4. Implement effective control measures, including job design, work environment and facilities, work schedules, and work systems. 5. Maintain and review the control measures to ensure they remain effective, considering changes in the workplace or workforce. The code emphasises the importance of consultation with workers and their representatives in managing psychosocial risks to improve psychological health and safety in the workplace. ![Managing psychosocial risks in the workplace: Employer guide](https://media.elker.com/aa8fc698-e55f-49b7-b9b8-f471309e2ac7/managing-psychosocial-risks.jpeg?width=992) ## **Managing psychosocial risks in the workplace** ### People at Work survey The [People at Work survey](https://www.peopleatwork.gov.au/webcopy/prepworkplace) is a comprehensive, evidence-based psychosocial risk assessment tool. It's designed to measure psychosocial hazards and factors in the workplace, providing a clear picture of the psychological health and safety climate. Workplaces can use this survey to comply with health and safety duties, manage work-related psychosocial hazards, and prevent psychological harm. It offers automated and customised reports, interactive learning modules, and resources to support the implementation of a psychosocial risk management approach. ### Anonymous reporting The Code of Practice 2022 underscores the value of anonymous workplace reporting mechanisms. These systems allow employees to report safety concerns without fear of repercussions, crucial for issues impacting employment or career progression. The benefits of such tools and software include increased reporting of issues, a more accurate assessment of workplace climate, and the ability to address problems proactively, [reducing misconduct](/articles/serious-misconduct) and fostering a proactive [speak-up culture](/articles/speak-up-culture) at work. ## WHS compliance with Elker Elker is an [anonymous reporting platform](/articles/anonymous-reporting-advantages-disadvantages) that empowers employees to report workplace issues confidently and securely. It's a critical asset for Australian businesses aiming to comply with the latest WHS and [Respect at Work](/articles/what-the-respect-at-work-bill-means-for-your-business) laws addressing psychosocial hazards. The platform's intuitive interface facilitates the discreet submission of reports, from minor concerns to [serious workplace misconduct](/articles/dealing-with-workplace-misconduct). With real-time analytics and customisable workflows, Elker enables organisations to detect and address issues promptly, promoting a healthier, more inclusive workplace environment. By integrating Elker, companies can demonstrate their commitment to employee well-being and regulatory adherence, making it an essential component of modern workplace safety strategies. For a detailed overview of Elker's capabilities and how it can benefit your organisation, visit the [features page](/features). For a tour of the platform, [book a demo here](/book-demo). ### Key takeaways - Psychosocial hazards are WHS-regulated hazards, not soft HR topics. The duty to manage them sits alongside the duty to manage falls, machinery, and hazardous substances. - Management's job is to look at the whole work environment rather than individual incidents. Compound exposure (high workload plus poor support plus unclear roles) is where the most serious harm occurs. - The hierarchy of controls applies. Job redesign and workload change sit above training, and training sits above employee assistance programmes. - Worker consultation in identification and control is a statutory requirement under the 2023 amendments, not a nice-to-have. - Ongoing monitoring through an anonymous reporting channel is the most practical way to detect emerging issues between scheduled assessments. ## Frequently asked questions Psychosocial hazards are aspects of work design, management, and workplace relationships that can increase the risk of psychological or physical harm. Common examples include high or low job demands, low job control, poor support, role conflict, exposure to traumatic events, [workplace bullying](/articles/understanding-and-preventing-workplace-bullying), [harassment](/articles/5-risk-factors-for-sexual-harassment-in-the-workplace), [discrimination](/articles/discrimination-in-the-workplace), workplace violence, remote or isolated work, and poor organisational change consultation. From April 2023, the Commonwealth Work Health and Safety Regulations 2011 explicitly require employers to identify and manage psychosocial risks. The Work Health and Safety Amendment Act 2022 (in effect September 2023) broadened Category 1 offences to include negligence, prohibited insurance for monetary penalties, and strengthened inspector powers. Employers must eliminate psychosocial hazards where reasonably practicable, or minimise them as far as reasonably achievable. The most reliable method combines several data sources: anonymous employee surveys like the free People at Work tool, [speak-up and feedback channels](/articles/anonymous-employee-feedback), incident reports, workers' compensation claims, absenteeism data, and direct consultation with workers and health and safety representatives. A [culture audit](/articles/culture-audit-guide) can surface patterns that individual complaints do not reveal. The Managing the Risk of Psychosocial Hazards at Work: Code of Practice 2022 is the Safe Work Australia reference document. It sets out a four-stage cycle (identify hazards, assess risks, implement controls, review control measures) and emphasises worker consultation. State regulators use it when assessing compliance. Anonymous channels allow workers to raise concerns they would not raise publicly, particularly around bullying, harassment, and retaliation. Aggregated disclosure data reveals patterns management cannot see from the top of the organisation, supports a [speak-up culture](/articles/speak-up-culture), and provides a continuous monitoring layer between formal assessments. ### Sources 1. Safe Work Australia, Model Code of Practice: Managing the Risk of Psychosocial Hazards at Work (2022) 2. Commonwealth Work Health and Safety Regulations 2011, as amended April 2023 for psychosocial hazards 3. Work Health and Safety Amendment Act 2022 (in effect September 2023) 4. SafeWork NSW, psychosocial hazards guidance 5. Comcare, psychosocial hazards educational resources 6. People at Work psychosocial risk assessment tool (peopleatwork.gov.au) _This article is general information only, not legal advice. Laws change and individual circumstances differ. For advice on your specific circumstances, consult a qualified legal practitioner. See our [Terms of Use](/policies/terms) for the full disclaimer._ ## You might also like --- url: https://elker.com/articles/psychosocial-risk-assessment-guide title: "Conducting a Psychosocial Risk Assessment: Employers' Guide" description: "Discover effective strategies for assessing psychosocial risks in the workplace. Enhance employee well-being and create a safer work environment." locale: en-AU generated: 2026-07-01T14:05:41.013Z --- Nov 4, 2024 # Conducting a Psychosocial Risk Assessment: A Guide for Employers [Compliance](/blog/compliance)[Cultural change](/blog/cultural-change)[Reporting](/blog/reporting) Psychosocial hazards in the workplace can lead to severe consequences for workers' mental health and well-being. As an employer, it is crucial to proactively identify and manage these risks to ensure a safe and healthy working environment. This article will guide you through conducting a psychosocial risk assessment and implementing effective control measures. ![Conducting a psychosocial risk assessment: A guide for employers](https://media.elker.com/a200c3ec-796d-4201-bd53-602bc3c8d0be/psychosocial_risk_assessment.png?width=992) ByElker Editorial TeamReviewed byJack MurrayUpdated22 April 2026 **TL;DR** - A psychosocial risk assessment is a structured process for identifying psychosocial hazards, assessing the likelihood and severity of harm, implementing control measures, and reviewing their effectiveness over time. The article walks through all four steps. - Australian law requires employers to manage psychosocial risks: the Fair Work Act prohibits bullying and adverse action, WHS laws mandate a safe working environment, and Safe Work Australia's Model Code of Practice is the reference document regulators use. - The article lists fifteen common psychosocial risks: high or low job demands, fatigue, low job control, job insecurity, poor support, low role clarity, poor change management, low reward and recognition, poor organisational justice, exposure to traumatic events or materials, remote or isolated work, intrusive surveillance, poor physical environment, violence and aggression, bullying, harassment (including sexual harassment), and family and domestic violence at work. - Best practice combines worker engagement, confidential reporting, integration with overall WHS systems, investment in mental health support, and a foundation of psychological safety. - The free People at Work tool is Australia's standard psychosocial risk assessment instrument, designed to benchmark results and monitor progress over time. ## Understanding psychosocial hazards [Psychosocial hazards](/articles/psychosocial-hazards-at-work) are factors or situations that have the potential to cause psychological or physical harm to workers, regardless of whether they may also lead to physical harm. These hazards can stem from various aspects of work, including: - The way work is designed or managed - The conditions and environment in which work takes place - Equipment and machinery used at the workplace - Interactions and behaviours among individuals in the workplace Psychosocial risks, on the other hand, refer to the likelihood and severity of harm to the health or safety of workers or other individuals that may result from exposure to psychosocial hazards. ### Common psychosocial risks **High/low job demands:** Allocating tasks beyond capacity, unreasonable deadlines, lack of resources, dealing with complaints, delivering bad news, supporting distressed individuals, and expressing only approved emotions. **Fatigue:** Physical, mental, or emotional exhaustion due to high physical, mental, or emotional demands, unpredictable time arrangements, irregular hours, long [work hours](/articles/right-to-disconnect-australia), high workload, limited ability to self-advocate, and environmental stressors. **Low job control:** No involvement in decisions, tightly managed work, lack of learning opportunities, little say in work, excessive monitoring, insecure work arrangements. **Job insecurity:** Unclear length of employment, temporary employment, little or no entitlements or benefits, low levels of control, and the need to work multiple jobs. **Poor support:** Lack of instrumental support, isolation, dispersed teams, managers with too many workers, and no time to speak with colleagues or managers. **Low role clarity:** Multiple reporting lines, unclear instructions, lack of clarity on priorities and deadlines, responsibilities changed without consultation, duplication of effort. **Poor change management:** Neglecting health and safety impacts, disorganisation, lack of consultation, poor communication, inadequate support during transitions. **Low reward and recognition:** No positive feedback, lack of performance discussions and goal setting, meaningless or vague recognition. **Poor organisational justice:** Inequitable procedures, unfair resource distribution, bias, favouritism, nepotism, individuals not following policies. **Exposure to traumatic events or materials:** Working in high-risk occupations, responding to emergencies, providing care to traumatised individuals, and exposure to traumatic materials. **Remote or isolated work:** Limited communication, lengthy isolation, excessive monitoring, difficulty in emergency response, potential for violence or aggression. **Intrusive surveillance:** Unreasonable level of supervision, tracking work activities, monitoring emails and internet use, covert surveillance, tracking calls and movements, remote access to workers' computers, and GPS monitoring for performance monitoring. **Poor physical environment:** Performing hazardous tasks, working in hazardous conditions, uncomfortable PPE, poor workplace conditions affecting concentration, unpleasant workplace conditions, poorly maintained equipment, and work-related accommodation contributing to fatigue. **Violence and aggression:** Physical attacks, sexual violence, verbal abuse, threats, online abuse, high-risk occupations interacting with the public. **Bullying:** Repeated, unreasonable behaviour creating health and safety risks, including abuse, aggression, belittling, teasing, allegations, rumours, unfair responses, [victimisation](/articles/what-is-unlawful-victimisation-in-the-workplace), criticism, exclusion, and unreasonable demands. **Harassment including sexual harassment:** Harmful behaviour based on personal characteristics such as age, disability, race, nationality, religion, political affiliation, sex, relationship status, family or carer responsibilities, sexual orientation, gender identity or intersex status. **Family and domestic violence at work:** Threats, intimidation, or violence by a perpetrator at the workplace, including when working from home, during work-related activities, or between workers at a workplace. ![Conducting a psychosocial risk assessment: Workplace psychosocial hazards infographic](https://media.elker.com/100c2c6d-f698-4bf9-a364-41f9285ba563/psychosocial_risk_assessment_2.png?width=992) ## The impact of psychosocial risks Exposure to psychosocial hazards can result in various negative outcomes, such as: - Work-related stress and burnout - Depression and anxiety disorders - Post-traumatic stress disorder - Musculoskeletal injuries and chronic diseases - Increased absenteeism and reduced productivity ## Legal obligations for employers Australian laws require employers to manage psychosocial risks in the workplace: - The [Fair Work Act prohibits bullying](https://www.fairwork.gov.au/employment-conditions/bullying-sexual-harassment-and-discrimination-at-work/bullying-in-the-workplace) and adverse action against employees - [Work Health and Safety](https://www.comcare.gov.au/safe-healthy-work/prevent-harm/changes-to-whs-laws): WHS laws mandate providing a safe working environment - [Safe Work Australia's Code of Practice](https://www.safeworkaustralia.gov.au/doc/model-code-practice-managing-psychosocial-hazards-work) offers guidance on managing psychosocial hazards ## The psychosocial risk assessment process Conducting risk assessments involves four key steps: 1. **Identifying psychosocial hazards:** Gather data from various sources and risk assessment tools such as worker surveys, incident [reports](/articles/anonymous-reporting-for-schools), and workplace observations. 2. **Assessing the risks:** Evaluate the likelihood and severity of harm associated with each identified hazard. 3. **Implementing control measures:** Select the most effective measures to eliminate or minimise risks. 4. **Reviewing and improving:** Continuously monitor the effectiveness of control measures and make necessary adjustments. ### Identifying psychosocial hazards To identify psychosocial hazards in your workplace, consider the following actions: - Conduct an [anonymous work survey](/articles/anonymous-employee-feedback) to assess your organisation's risk profile - Review survey results, incident reports, reporting data and workers' compensation claims - Observe workplace interactions and practices - Analyse job demands and resources ### Assessing the risks Once you have identified the psychosocial hazards, assess the level of risk associated with each one: - Determine the likelihood of the hazard causing harm - Consider the potential severity of the harm - Evaluate the number of workers exposed to the hazard ### Implementing control measures Based on the risk assessment results, implement appropriate control measures: - Modify job designs to reduce excessive demands and increase autonomy - Provide training and support for managers and workers - Improve communication and consultation processes - Enforce policies to prevent harmful behaviour, such as bullying and [harassment](/articles/5-risk-factors-for-sexual-harassment-in-the-workplace) - Introduce [anonymous reporting](/articles/anonymous-reporting-advantages-disadvantages) software to improve reporting rates, case management efficiency and data ### Reviewing and improving Psychosocial risk management should be an ongoing process: - Regularly review the effectiveness of control measures - Seek feedback from workers to identify areas for improvement - Monitor key indicators, such as absenteeism and worker complaints - Make necessary adjustments to maintain a safe and [healthy workplace](/articles/mentally-healthy-workplace) ![Conducting a psychosocial risk assessment: Best practices for psychosocial risk management infographic](https://media.elker.com/ec0acf8e-6b3f-4dd1-b24d-86f78072f833/psychosocial_risk_assessment_3.png?width=992) ## Best practices for psychosocial risk management To optimise your psychosocial risk management efforts, consider adopting the following best practices: **Engage workers in the process:** Actively involve your workers in the risk assessment and control process. They have valuable insights into the work environment and can help identify hazards and develop practical solutions. **Provide a safe and confidential reporting mechanism:** Implement an anonymous reporting system like Elker to encourage workers to report concerns without fear of reprisal. This can help you identify trends and high-risk areas in your workplace and proactively address them. **Integrate psychosocial risk management with overall WHS systems:** Don't treat psychosocial risk management as a separate issue. Integrate it into your WHS policies, procedures, and practices to ensure a comprehensive and consistent approach to worker health and safety. **Invest in mental health support and resources:** Provide your workers access to mental health support and resources, such as employee assistance programs, mental health first aid training, and stress management workshops. This can help mitigate the impact of psychosocial hazards and promote worker resilience and well-being. **Foster a culture of** [**psychological safety**](/articles/psychologically-safe-workplace)**:** Create a [workplace culture](/articles/speak-up-culture) that values open communication, trust, and respect. Encourage your leaders to model positive behaviours and attitudes and create an environment where workers feel supported and empowered to speak up about their concerns. ## Using the People at Work psychosocial risk assessment tool The People at Work [psychosocial risk assessment tool](https://www.peopleatwork.gov.au/) is a free resource for employers looking to assess and manage psychosocial risks in their workplace. This tool can help you identify and assess psychosocial hazards, benchmark your results against industry standards, access guidance and resources for implementing control measures, and monitor your progress over time. ## The benefits of anonymous reporting with Elker Implementing an anonymous reporting system like Elker can significantly strengthen your psychosocial risk management efforts. By providing a safe and confidential channel for workers to report concerns, you can encourage open communication, identify trends and high-risk areas in your workplace, and gather valuable data to inform targeted interventions. Using a platform like Elker demonstrates your commitment to psychological health and safety, helping to foster healthy workplaces. [Book a demonstration](/book-demo) of the Elker platform or [request a quote](/pricing). See how Elker can transform your organisational health. ### Key takeaways - Psychosocial risk management should be integrated into overall WHS systems rather than run as a standalone wellbeing programme. Regulators look for consistency between how physical and psychosocial hazards are treated. - Worker engagement in the assessment process is a legal requirement under consultation obligations, and the most reliable source of usable data. - The hierarchy of controls applies. Job redesign and workload adjustment outperform training, and training outperforms employee assistance programmes. - A confidential reporting channel is the most practical way to gather continuous data between formal assessments and identify trends before they become incidents. - The assessment is an ongoing cycle. A one-off document filed for compliance does not satisfy the duty. ## Frequently asked questions Identifying [psychosocial hazards](/articles/psychosocial-hazards-at-work), assessing the risks associated with those hazards (likelihood and severity of harm), implementing control measures to eliminate or minimise risks, and reviewing and improving control measures over time. The cycle mirrors any other WHS risk assessment. High or low job demands, fatigue, low job control, job insecurity, poor support, low role clarity, poor change management, low reward and recognition, poor organisational justice, exposure to traumatic events or materials, remote or isolated work, intrusive surveillance, poor physical environment, violence and aggression, [bullying](/articles/understanding-and-preventing-workplace-bullying), harassment (including sexual harassment), and family and domestic violence occurring at work. The Fair Work Act prohibits bullying and adverse action, WHS Acts in every state and territory require a safe working environment, and Safe Work Australia's Model Code of Practice: Managing psychosocial hazards at work (2022) is the reference document regulators use to assess compliance. Commonwealth WHS Regulation amendments in April 2023 made the duty to manage psychosocial hazards explicit. Combine multiple sources: [anonymous employee surveys](/articles/anonymous-employee-feedback), incident and reporting data, workers' compensation claims, workplace observations, job demand analysis, and direct consultation. A [culture audit](/articles/culture-audit-guide) can surface patterns no single complaint reveals, and the free People at Work tool benchmarks results against industry norms. Anonymous channels encourage disclosure of issues workers would not raise through named channels, particularly around bullying, harassment, and retaliation. Aggregated data reveals trends and high-risk areas, underpins a [speak-up culture](/articles/speak-up-culture), and feeds a [mentally healthy workplace](/articles/mentally-healthy-workplace) strategy by making early detection possible. ### Sources 1. Safe Work Australia, Model Code of Practice: Managing psychosocial hazards at work (2022) 2. Fair Work Act 2009 (bullying and adverse action provisions) 3. Commonwealth Work Health and Safety Regulations 2011, as amended April 2023 4. Comcare, changes to WHS laws guidance 5. People at Work psychosocial risk assessment tool (peopleatwork.gov.au) 6. SafeWork NSW, WorkSafe Victoria, and Workplace Health and Safety Queensland jurisdiction-specific guidance _This article is general information only, not legal advice. Laws change and individual circumstances differ. For advice on your specific circumstances, consult a qualified legal practitioner. See our [Terms of Use](/policies/terms) for the full disclaimer._ ## You might also like --- url: https://elker.com/articles/public-interest-disclosure-act-2013 title: "Public Interest Disclosure Act 2013: Anonymous Reporting" description: "Understand how the Public Interest Disclosure Act 2013 empowers whistleblowers to report corruption and misconduct in the public sector." locale: en-AU generated: 2026-07-01T14:05:41.100Z --- Mar 19, 2024 # Understanding the Public Interest Disclosure Act 2013: The Role of Anonymous Reporting [Compliance](/blog/compliance)[Reporting](/blog/reporting) The Public Interest Disclosure Act 2013 upholds the integrity of the Commonwealth public sector by enabling employees to report instances of corruption, maladministration, and other forms of misconduct. This article aims to provide a clear understanding of how PID operates, the scope of disclosures it permits, and the mechanisms in place to support individuals who come forward with information. ![Public Interest Disclosure Act 2013: The role of anonymous reporting ](https://media.elker.com/d9d6b7b2-d3fa-4428-908c-aaf66053a2f6/public_interest_diclosure_act_1.png?width=992) ByElker Editorial TeamReviewed byJack MurrayUpdated22 April 2026 **TL;DR** - The Public Interest Disclosure Act 2013 (Cth) is the Commonwealth public sector whistleblower regime. It covers current and former public officials, Australian Public Service employees, employees of Commonwealth companies and statutory agencies, parliamentary service employees, statutory officeholders, and service providers under contract to the Commonwealth. - The Act recognises five disclosure types: internal, external, emergency, legal practitioner, and NACC disclosures. Internal disclosure is the default route, with other channels available where internal processes fail, where there is an imminent threat, or where the disclosure concerns potential corruption that the National Anti-Corruption Commission is better placed to handle. - Disclosable conduct covers breaches of Commonwealth, state, or territory law, corruption, maladministration, breach of public trust, wastage of public resources, conduct that threatens public health or safety or the environment, and fabrication of scientific research. Personal work-related conduct such as bullying or harassment is typically excluded, though exceptions exist. - Authorised officers must determine the allocation of a disclosure within 14 days of receipt. The principal officer of the investigating agency must complete the investigation and compile a report within 90 days. - Disclosers are protected by immunity from civil, criminal, and administrative liability, confidentiality of identity, prohibition on reprisals (a criminal offence), and civil remedies including compensation, injunctions, and reinstatement. Witnesses assisting a PID process share the same immunity. ## Key takeaways - The Public Interest Disclosure Act 2013 (Cth) encourages transparency by enabling various disclosures such as internal, external, emergency, legal practitioner, and NACC disclosures, each designed to report wrongdoing within the Commonwealth public sector. - The PID Act provides strong protections for whistleblowers, including immunity from liability, protection against retaliation, and confidentiality of their identity, to bolster their confidence in reporting disclosable conduct. - [Whistleblower software](/articles/whistleblowing-software) like Elker provides the highest security encryption and anonymity to protect the identity of disclosers. Elker can be integrated into existing government agencies to establish greater trust for those coming forward. ## Understanding public interest disclosures Under the PIB Act, disclosures can be made by any person who was or is employed by the Australian Government, individuals employed by any Commonwealth companies, and statutory agencies. Additionally, members of the Parliamentary service, statutory officeholders, as well as service providers under contract to the Commonwealth are also eligible to report wrongdoing. As an public official, you are exempt from disciplinary action for making a disclosure. Nonetheless, it's important to note that the act of disclosure does not absolve a discloser from accountability for their own conduct. Furthermore, the submission of a disclosure does not prevent reasonable management action from being taken. ![Types of public interest disclosures infrographic](https://media.elker.com/b85ba2a1-ea40-4f40-9943-58e93636ffa0/public_interest_diclosure_act_2.png?width=992) ## Types of disclosures The PID Act provides a comprehensive framework for reporting disclosable conduct, encompassing a variety of disclosure types. These include: - **Internal disclosures:** reporting suspected misconduct within an agency or by a public official - **External disclosures:** reporting disclosable conduct to an external agency or authority when an internal disclosure is insufficient - **Emergency disclosures:** where the information concerns a substantial threat or imminent danger - **Legal practitioner disclosures:** reporting disclosable conduct to a qualified legal practitioner - **NACC disclosures:** Disclosures to the National Anti-Corruption Commission (NACC) ### **Internal** An internal disclosure is made within a Commonwealth agency, typically to an authorized internal recipient or supervisor. These disclosures involve information that tends to show one or more instances of disclosable conduct, such as illegal behaviour, misuse of public resources, or endangerment to health and safety. ### **External** External disclosures are made outside the government and can be reported to any person other than a foreign public official. They occur when an internal disclosure has not been adequately investigated, if the response to the investigation is inadequate or if the investigation has not been completed within the timeframe. External disclosures are subject to certain criteria to ensure responsible reporting and protection of sensitive information: - The disclosure is in the public interest - No more information is disclosed than is necessary - The disclosed information does not contain intelligence information or relate to an intelligence agency ### **Emergency** Emergency disclosures are made when the discloser believes, on reasonable grounds, that the information concerns a substantial threat or imminent danger to the health, safety, or environment of one or more persons. These may be made to any person other than a foreign public official but are subject to several additional criteria: - No more information is disclosed than is necessary - The disclosed information does not consist of or include intelligence information - If the reporter has not made an internal disclosure first, or if the internal investigation has not been completed, they must believe the circumstances are exceptional to justify the disclosure. ### **Legal practitioner** Disclosures are made to Australian legal practitioners to obtain legal advice or professional assistance in making or proposing to make a disclosure. These disclosures are often necessary to ensure that whistleblowers have access to legal guidance to navigate the disclosure process effectively. However, if the information has a national security or protective security classification, the legal practitioner must hold an appropriate level of security clearance. ### NACC disclosure The National Anti-Corruption Commission (NACC) is an independent body established under the National Anti-Corruption Commission Act, with the key role of receiving, investigating, and acting upon disclosures of corrupt conduct within Australian Commonwealth entities. When a disclosure is made to the NACC, it is assessed based on its severity, scope, and potential impact on public administration. The NACC has the discretion to refer cases back to the relevant agency if it decides not to investigate a corruption issue because it’s not deemed serious or systemic enough to warrant its intervention. However, some instances where a disclosure might be made directly to the NACC, rather than internally, include situations where previous internal disclosures have not been adequately addressed, or where the whistleblower believes that the misconduct is of such gravity or urgency that it requires the immediate attention of an independent body with broader investigative powers. In addition to its investigative responsibilities, the NACC plays a proactive role in the public sector by working with Commonwealth agencies to offer corruption prevention and education initiatives. This includes advice and guidance on best practices for integrity and research and analysis on corruption. ![Whistleblower protections under the Public Interest Disclosure Act 2013 infographic](https://media.elker.com/7320824a-2182-4b59-ae53-6c17601f850d/public_interest_diclosure_act_3.png?width=992) ## Identifying disclosable conduct Disclosable conduct is defined as any behaviour or activity by a Commonwealth agency or public official that is considered inappropriate or illegal under the PID Act and thus warrants reporting. By understanding these categories, whistleblowers are better equipped to make informed decisions about reporting potential misconduct. According to the Act, disclosable conduct includes a wide spectrum of actions, such as: - Activities that violate any Commonwealth, State, or Territory law. - Instances of corruption, maladministration, or a breach of public trust. - Wasteful practices that result in the loss or misuse of public resources or property. - Conduct that poses serious threats to the health or safety of one or more persons. - Conduct that significantly endangers, or poses a significant risk to, the environment. - Conduct that fabricates or falsifies scientific research or evaluation. Typically, personal conduct in the workplace, such as [bullying](/articles/understanding-and-preventing-workplace-bullying) or [harassment](/articles/5-risk-factors-for-sexual-harassment-in-the-workplace), does not fall under the category of disclosable conduct. Nonetheless, there are certain situations where such personal work-related conduct might be considered disclosable. ## The investigation process When a disclosure is received by an authorised officer within an agency, the officer is tasked with determining the relevant agency to handle the matter. This decision is based on the content of the disclosure, whom the disclosure concerns and whether there is a reasonable basis to proceed with an investigation. Potential agencies that may be involved include the Ombudsman or the Inspector-General of Intelligence and Security (IGIS) when the subject matter pertains to their areas of oversight. The authorised officer is required to determine the allocation of the disclosure within 14 days of receipt. Following the allocation, the principal officer of the agency assigned to the case must conduct an investigation and compile a report detailing the findings within 90 days. Upon completion of the investigation, the principal officer is obligated to provide written notification and a copy of the report to the following parties, when feasible: 1. The individual who made the disclosure, if it is reasonably practicable to do so. 2. The Ombudsman, except in circumstances outlined in the next point. 3. The IGIS, under the conditions that the principal officer’s agency is an intelligence agency, or if the agency is the Australian Criminal Intelligence Commission (ACIC) or the Australian Federal Police (AFP) and the report is pertinent to the agency’s intelligence functions. ## Administrative support and protection The Act provides several layers of protection to ensure the safety and well-being of [whistleblowers](/articles/what-is-whistleblowing) and witnesses throughout the disclosure process. These protections include: - **Immunity from liability:** Disclosers are immune from liability unless the disclosure is knowingly false or misleading. - **Confidentiality and anonymity:** It is an offence to disclose the identity of an individual who makes a public interest disclosure. - **Protection against reprisals:** Taking reprisal action against a person because of a public interest disclosure is an offence, which includes proposed or suspected disclosures. - **Civil remedies:** The Federal Court can order civil remedies, such as compensation, injunctions, and reinstatement of employment if a reprisal is taken against a person because of a disclosure. - **Witnesses:** Witnesses who assist in a PID process are not subject to any civil, criminal, or administrative liability. No contractual or other remedies may be enforced against the witness for their involvement in the PID. ### What constitutes a reprisal? A reprisal occurs when a person is victimised because it is believed they have made, may have made, propose to make, or could make a disclosure. Detriment can include actions such as dismissal, injury, adverse alteration of employment conditions, discrimination, harassment, or any other harm or damage, including to reputation or financial position. ### Protecting the identity of disclosers It is a serious offence for a public official to disclose information that could lead to the identification of a reporter or [witness involved in a public interest disclosure](/articles/bystander-effect-in-the-workplace), ensuring that the identities of those who come forward are kept confidential. By setting these provisions, the PID Act aims to cultivate a culture where individuals feel secure in reporting [misconduct](/articles/serious-misconduct), thus enhancing transparency and accountability within the Commonwealth public sector. ## Importance of anonymous reporting software in the Commonwealth public sector Anonymous reporting tools are instrumental in public interest disclosures, allowing individuals to report wrongdoing without revealing their identity. They offer a confidential channel for reporting, reducing the risk of exposure, victimisation and even persecution. ### Protect the identity of disclosers An anonymous reporting tool, like Elker, includes secure features designed to protect whistleblowers and safeguard the disclosure. End-to-end encryption ensures that reports are only readable by the intended recipients, safeguarding the whistleblower’s information from access by service providers and unauthorised parties. These tools take additional steps for an individual to remain anonymous by: - Stripping away metadata from uploaded files - Offering in-app guidance to whistleblowers, regarding their anonymity - Adhering to strict data retention policies - Collecting only the necessary data to fulfil the disclosure - Including redaction capabilities that remove identity-revealing information ### Encourage reporting There are significant barriers to making critical disclosures. These barriers have been exacerbated by recent, high-profile cases where whistleblowers have faced victimisation and prosecution. One instance is the case of Richard Boyle, who, in 2018, disclosed unethical practices within the Australian Tax Office. Boyle was victimised after bringing to light concerns about the ATO's aggressive debt collection methods. Yet, despite the protective intent of legislation like the Public Interest Disclosure Act, he was prosecuted for allegedly pursuing unlawful investigative methods. As a result, there is a justified fear of disclosing serious wrongdoing in the public sector. Anonymous reporting tools help by ensuring the highest standards in security and encryption, guiding the whistleblower through the correct procedures, and safeguarding their anonymity. Establishing this trust is critical to [encourage whistleblowers to disclose information](/articles/speak-up-culture) about suspected wrongdoing without fear of personal or professional repercussions. ## How Elker can help your government agency The Act aims to foster a culture of transparency and accountability within the Commonwealth public sector by ensuring that public interest disclosures are properly investigated and protect the person making the disclosure. Anonymous reporting tools like Elker play a vital role in protecting the identity of disclosers, encouraging more individuals to come forward without fear of victimisation or prosecution. These tools help to maintain the integrity of the reporting process while ensuring that the discloser's privacy and rights are upheld. Book a tour of the platform and find out how Elker can help your government agency. ### Key takeaways - The PID Act interacts with the National Anti-Corruption Commission Act. Disclosures involving potential corrupt conduct can go directly to the NACC, which has discretion to investigate or refer the matter back to the originating agency. - The Richard Boyle case is a reminder that protection under the PID Act does not immunise disclosers from prosecution for the methods used to gather evidence. Commonwealth employees should seek legal advice before collecting or retaining sensitive material. - Each state and territory operates its own regime. The Victorian Public Interest Disclosures Act 2012 is an example, directing disclosures to IBAC, the Ombudsman, or the Victorian Inspectorate depending on the entity involved. - Anonymous reporting tools give disclosers a practical layer of protection the Act itself cannot provide. Encryption, metadata stripping, and redaction features reduce the chance that an identity leak happens before the legal protections ever come into play. - The Government Information (Public Access) Act 2009 (NSW) and equivalent state FOI laws sit alongside the PID Act. Together they create overlapping disclosure regimes that agencies need to handle consistently. ## Frequently asked questions The Public Interest Disclosure Act 2013 (Cth) exists to promote integrity and accountability in the Commonwealth public sector by facilitating the reporting of suspected wrongdoing and ensuring timely, effective investigation. It encourages current and former public officials to disclose conduct by other public officials, and it provides a legal framework that protects disclosers from reprisal. The Act sits alongside the National Anti-Corruption Commission Act and various state regimes as part of Australia's broader integrity framework. Current and former public officials, including Australian Public Service employees, parliamentary service employees, employees of Commonwealth companies and statutory agencies, statutory officeholders, and service providers under contract to the Commonwealth. Former public officials retain the ability to disclose conduct they became aware of during their time in the role. Authorised officers within an agency or any other Commonwealth agency can receive disclosures, and there is no requirement to report to a specific agency for a report to constitute a PID. Disclosable conduct includes breaches of any Commonwealth, state, or territory law, corruption, maladministration, breach of public trust, wastage of public money or resources, conduct that poses a serious threat to health or safety, conduct that significantly endangers the environment, and fabrication or falsification of scientific research. Personal workplace conduct such as [bullying](/articles/understanding-and-preventing-workplace-bullying) and harassment is usually outside scope, though there are exceptions where the conduct is sufficiently serious or systemic. A NACC disclosure is a disclosure made to the National Anti-Corruption Commission, an independent body established to investigate serious or systemic corruption across Commonwealth entities. A direct NACC disclosure is appropriate where internal disclosures have not been adequately addressed, where the matter is of sufficient gravity that it requires independent investigation, or where the agency concerned is implicated. The NACC can refer matters back to the originating agency if the issue is not considered serious or systemic enough to warrant its intervention. Yes. Disclosures can be made anonymously under the PID Act, and anonymous reporting is often recommended as an additional layer of protection for disclosers. Anonymous reporting tools offer end-to-end encryption, metadata stripping from uploaded files, redaction capabilities, and strict data retention policies. These practical safeguards reduce the risk of identity exposure before the Act's legal protections are ever tested. Agencies using secure [whistleblowing software](/articles/whistleblowing-software) can receive disclosures through a confidential channel while still meeting the Act's investigation requirements. Taking reprisal action against a person because it is believed they have made, propose to make, or could make a disclosure is a criminal offence. Reprisal includes dismissal, injury, adverse alteration of employment conditions, discrimination, harassment, and damage to reputation or financial position. The Federal Court can order civil remedies including compensation, injunctions, and reinstatement. It is also a separate offence for a public official to disclose information that could lead to the identification of a reporter or [witness](/articles/bystander-effect-in-the-workplace) involved in a public interest disclosure. The authorised officer must determine the allocation of a disclosure within 14 days of receipt. The principal officer of the investigating agency then has 90 days to complete the investigation and compile a report. On completion, the report must be provided to the discloser where practicable, to the Commonwealth Ombudsman, or to the Inspector-General of Intelligence and Security where the matter concerns an intelligence agency, the Australian Criminal Intelligence Commission, or Australian Federal Police intelligence functions. Victoria operates its own regime under the Public Interest Disclosures Act 2012 (Vic), which encourages and facilitates disclosures of improper conduct by public officers, public bodies, and other individuals. Depending on the entity involved in the disclosure, reports may be made to the Independent Broad-based Anti-corruption Commission (IBAC), the Victorian Ombudsman, or the Victorian Inspectorate. The Victorian regime provides its own protections for disclosers, and Commonwealth employees should consider which regime applies to the conduct they intend to report. ### Sources 1. Public Interest Disclosure Act 2013 (Cth) 2. National Anti-Corruption Commission Act 2022 (Cth) 3. Commonwealth Ombudsman, guidance and resources on the PID scheme 4. Inspector-General of Intelligence and Security, oversight of intelligence agency disclosures 5. Public Interest Disclosures Act 2012 (Vic), state public sector regime 6. Australian Public Service Commission, integrity and whistleblowing guidance _This article is general information only, not legal advice. Laws change and individual circumstances differ. For advice on your specific circumstances, consult a qualified legal practitioner. See our [Terms of Use](/policies/terms) for the full disclaimer._ ## You might also like --- url: https://elker.com/articles/respect-in-the-workplace title: "Workplace Respect – Tips for a Positive Work Environment" description: "Respect in the workplace is fundamental to a healthy organisational culture. Learn the importance of respect and upholding a safe and positive work environment." locale: en-AU generated: 2026-07-01T14:05:41.151Z --- Oct 11, 2023 # Respect in the workplace – tips for a positive work environment [Cultural change](/blog/cultural-change) Respect in the workplace is fundamental to a healthy organisational culture. Learn the importance of respect and how you reduce employee turnover and improve your company's working environment. ![Respect in the workplace: Tips for a positive work environment](https://media.elker.com/790a4563-d39c-404f-998a-1fd0f12f0e39/tips-respectful-workplace.png?width=992) ByElker Editorial TeamReviewed byJack MurrayUpdated22 April 2026 **TL;DR** - Workplace respect means valuing the dignity, rights, feelings, and perspectives of every employee regardless of their position, background, or role. - The core values that underpin respect at work are trust and dignity, representation and inclusion, empathy and active listening, and a willingness to collaborate and compromise. - The Anti-Discrimination and Human Rights Legislation Amendment (Respect at Work) Act 2022 placed a positive duty on Australian employers to take proactive steps to eliminate sexual harassment, sex-based discrimination, and hostile work environments. - A respectful workplace produces measurable benefits including reduced stress, stronger collaboration, higher creativity, better productivity, greater job satisfaction, and a more inclusive environment. - Disrespectful workplaces erode psychological safety, drive turnover and recruitment costs, suppress innovation, and damage employee wellbeing over time. ## **What does workplace respect mean?** Workplace respect is the act of valuing and honouring the intrinsic dignity of every employee, acknowledging their rights, feelings, and perspectives. All employees, regardless of their position in the workforce deserve the same respect. This means ensuring that everyone feels heard, understood, and valued. Importantly, a safe work environment is a basic human right. Every individual contributes uniquely to an organisation through their cultural background, race, gender, experiences, and beliefs. Recognising and respecting this diversity is essential. This appreciation of diversity not only boosts morale but also enriches the organisation's culture, fostering a more inclusive and innovative environment. ## **Core values underlying respect in the workplace** At the heart of respect are core values that guide interactions, decisions, and the overall culture of an organisation. These values shape how employees treat one another and influence the team's success and cohesion. **Trust and dignity** are essential in creating a respectful environment. In the workplace, when employees trust each other, they communicate more openly, share feedback, and work together efficiently. Equally important is treating everyone in a respectful manner. Every person, regardless of their role or background, should be treated with kindness and consideration. Workplaces should be free of [psychosocial hazards](/articles/psychosocial-hazards-at-work). Employers must take action to eliminate bullying, victimisation and [sexual harassment in the workplace](/articles/5-risk-factors-for-sexual-harassment-in-the-workplace). **Representation and inclusion** are about recognising the value that diverse perspectives and contributions bring. By nurturing these different perspectives, organisations can access a broader range of ideas, solutions, and strategies, leading to more innovative outcomes. **Empathy and active listening** are closely intertwined in fostering a positive workplace. Empathy enables employees to understand and relate to the feelings of others, promoting compassion. Active listening, meanwhile, involves fully concentrating on, understanding, and responding to what another person is saying. Together, these practices ensure that employees feel genuinely heard and understood, which in turn strengthens interpersonal relationships and team dynamics. Active listening also involves fostering a [speak-up culture](/articles/speak-up-culture) through the use of employee surveys and anonymous reporting tools.  Lastly, **collaboration and compromise** are essential for teams to function effectively. In any workplace, disagreements and differences of opinion are inevitable. However, with a foundation of respect, teams can navigate these challenges by working together and finding a middle ground. This not only resolves conflicts but also leads to better decision-making and outcomes. ## How the Respect at Work Bill is transforming Australian workplaces The Respect at Work Bill, also known as the Anti-Discrimination and Human Rights Legislation Amendment Act 2022, marks a pivotal change in Australia's approach to workplace issues like sexual harassment, [discrimination](/articles/discrimination-in-the-workplace), and [misconduct](/articles/dealing-with-workplace-misconduct). The legislation is based on seven key recommendations from the Australian Human Rights Commission's 2020 report and aims to proactively prevent psychosocial harm and sexual harassment in workplaces. One of the standout features of this legislation is the [introduction of a 'positive duty' on employers](/articles/7-standards-positive-duty-sex-discrimination-act). This means that employers are now obligated to take proactive steps to eliminate unlawful conduct rather than merely reacting to incidents after they occur. This duty is extensive, covering a range of conducts such as [sex-based discrimination](/articles/protected-attributes), workplace sexual harassment, and creating a hostile work environment due to sex. It applies to all entities governed by the Sex Discrimination Act, including sole traders, large enterprises, and government bodies. The legislation is designed to be explicit and adaptable, acknowledging the diverse nature of Australian businesses. While it sets clear standards for workplace conduct, it also allows for flexibility in its implementation, particularly for small businesses that might find some compliance measures financially burdensome. The Australian Human Rights Commission will oversee compliance, ensuring that all businesses, regardless of size, adhere to these new standards. In summary, the Respect at Work Bill not only sets new compliance requirements but also provides strong incentives for businesses to create safe, ethical, and respectful workplaces. Failure to comply can result in penalties and significant financial costs, including litigation and loss of trust among employees and customers. Therefore, it's in every organisation's best interest to align with these new standards, both for ethical reasons and for the tangible benefits that a respectful workplace brings. Read the full article: [What the Respect at Work Bill means for your business,](/articles/what-the-respect-at-work-bill-means-for-your-business) and discover how Elker can help with your compliance needs. ## **Importance of respect at work** A respectful work environment is synonymous with a positive one. It creates an atmosphere where employees feel safe, valued, and heard. This positivity directly translates to tangible benefits. Increased productivity and innovation are natural outcomes in such an environment. When team members respect each other's ideas and contributions, collaboration becomes seamless, leading to more creative solutions and strategies. Respect also plays a significant role in enhancing employee engagement and morale. Engaged employees are more invested in their roles, leading to better performance and outcomes. High morale ensures that employees are motivated and enthusiastic about their tasks. ![Respect in the workplace: Tips for a positive work environment](https://media.elker.com/c001f629-22d4-4ac3-89fd-27169a9a3a69/tips-respectful-workplace-2.png?width=992) ## **Tips: how to demonstrate respect in the workplace** Demonstrating respect is a continuous effort that requires leadership, intention, and action. Here are some ways to ensure that respect is at the forefront of your workplace interactions: ### **Recognise individuality** Every person in the workplace is unique, with their own experiences, beliefs, and values. Recognising the individuality and humanity of each person means acknowledging that every human being brings something valuable to the table. A diverse workplace is a melting pot of ideas, experiences, and perspectives. By valuing and crediting individuals for their contributions, you create an environment where everyone feels their input is appreciated and respected. ### **Improve communication** Effective communication is central to fostering respect in the workplace. Respect manifests through words, actions, and non-verbal cues such as body language. Simple gestures like nodding and maintaining eye contact can convey active listening and appreciation of others’ inputs. To bolster respectful communication, having a clear company policy is essential. This policy should outline guidelines on all forms of communication, [including digital interactions](/articles/combating-virtual-harassment-in-remote-work), setting a standard for respectful exchanges. Utilising software tools can also facilitate improved communication, providing structured and efficient ways for team members to interact and collaborate. Regular employee surveys and feedback mechanisms are instrumental in gauging satisfaction levels, identifying trends, and uncovering areas of concern within the organisation. These insights are crucial for making necessary adjustments and enhancing the work environment. Furthermore, [whistleblowing](/articles/what-is-whistleblowing) tools play a significant role in upholding respect and integrity within the workplace. These tools allow for the [anonymous reporting](/articles/anonymous-reporting-advantages-disadvantages) of misconduct or any actions that breach the code of conduct, ensuring that issues are brought to light and addressed promptly, thereby maintaining a respectful and ethical workplace. ### **Mindfulness in behaviour** Awareness of how one's behaviour can impact others is crucial. This means avoiding actions that might be perceived as disrespectful behavior, such as rolling eyes, interrupting, or dismissing someone's ideas without consideration. Instead, cultivate behaviours that promote a respectful atmosphere, such as giving credit where it's due and being open to feedback. When issues do arise, it's essential to [take a person-centred and trauma-informed approach](/articles/person-centred-and-trauma-informed-approach) to mitigate the stress and psychological toll on the employee reporting misconduct. ### **Active listening** Genuinely listening to someone goes beyond just hearing their words. It's about understanding their perspective, asking clarifying questions, and showing genuine interest in what they say. This not only fosters respect but also builds trust and rapport. ### **Challenge and reinforce behaviour** It's essential to address any behaviour that doesn't align with the company values of respect and inclusion. This means challenging poor behaviour when it arises and reinforcing positive behaviour through recognition and rewards. Setting clear expectations in company policy and holding everyone to the same standards ensures that respect remains a core value in your organisation. ### **Continuous learning and training** Respect, like any other skill, can be nurtured and developed. Offering training sessions, workshops, and informal learning opportunities can help employees understand the nuances of respect and how to practice it daily. ## **Benefits of a respectful workplace** A respectful workplace is essential for both employee well-being and organisational success. Here are the main benefits of fostering a respectful workplace: ### **Reduced stress among team members** In a respectful environment, employees feel supported and understood. This sense of belonging and appreciation naturally reduces workplace stress levels. When challenges arise, team members lean on each other, ask for help, and find creative solutions collaboratively. The result is [better mental well-being](/articles/mentally-healthy-workplace) and improved physical health as the strains of workplace stress are mitigated. ### **Stronger collaborations and improved teamwork dynamics** Mutual respect ensures that feedback is actively exchanged, enhancing the quality of work without straining interpersonal relationships. As a result, collaborations are enriched by diverse insights, leading to innovative solutions and a team that efficiently pursues shared objectives. ### **Enhanced creativity and innovation** When employees feel that their ideas are valued and won't face ridicule or dismissal, they are more comfortable sharing ideas. This culture of respect and appreciation fosters innovation, as team members feel empowered to share their unique insights and solutions. ### **Improved productivity** Employees in a respectful environment are more motivated. They recognise that their efforts are appreciated and, in turn, are more committed to their tasks. This heightened sense of value and purpose directly translates to increased productivity. Furthermore, employees who are less stressed and more engaged naturally perform better, benefiting the organisation's bottom line. ### **Increased employee satisfaction** Job satisfaction is intrinsically linked to the level of respect in the workplace. Satisfied employees are more engaged and more loyal to the organisation. This enhances the overall workplace atmosphere and reduces turnover rates, leading to long-term benefits for the company. ### **A fair and inclusive environment** Respect ensures that every employee, regardless of background, feels valued and has an equal opportunity to contribute. This inclusivity fosters a sense of belonging and ensures that diverse perspectives are acknowledged and celebrated. ## **Consequences of a disrespectful workplace** A workplace devoid of respect isn't just uncomfortable; it's detrimental to both the individuals within it and the organisation as a whole. The ripple effects of a disrespectful environment can be far-reaching, with both immediate and long-term consequences. Here are some of the significant repercussions of not fostering respect in the workplace: ### **Damages the psychological safety of everyone** A disrespectful workplace undermines the psychological safety of its members. When leaders or managers fail to uphold safe and respectful working environments, it erodes trust at all levels. Employees begin to doubt not only their superiors but also their other team members. This lack of trust hampers effective leadership, as leaders, without the respect of their teams struggle to guide them effectively. Moreover, such an environment becomes a breeding ground for [bullying](/articles/understanding-and-preventing-workplace-bullying), [victimisation](/articles/what-is-unlawful-victimisation-in-the-workplace) and harassment, pushing the best talents to consider other opportunities. The absence of psychological safety means employees constantly feel on edge, hindering their ability to perform at their best. ### **Leads to misunderstandings, conflicts, and a toxic work environment** Disrespect is a catalyst for misunderstandings and conflicts. When there's a lack of mutual respect, communication breaks down. This results in communication silos, where information isn't shared freely, leading to inefficiencies and mistakes. Furthermore, a disrespectful environment fosters negativity, creating a [toxic work atmosphere](/articles/signs-of-a-toxic-workplace). In such settings, collaboration suffers, and employees often feel alienated, leading to a decline in employee morale and decreased productivity. ### **Affects employee retention and recruitment costs** One of the most tangible consequences of a disrespectful workplace is increased employee turnover. Even the most dedicated employees will consider leaving when faced with a toxic environment. This means the loss of skilled and experienced personnel and increased costs associated with recruiting and training new hires. Moreover, a reputation for having a disrespectful work culture can deter potential talents from joining, making recruitment even more challenging. Company review sites like Glassdoor make workplace culture ever more transparent. ### **Shortfall of creative ideas and innovation** In an environment where employees don't feel respected, they are less likely to share their ideas or voice their opinions. This stifles creativity and innovation. When employees fear ridicule or dismissal, they hold back, and the organisation misses out on potentially groundbreaking ideas. This lack of input can hinder growth and prevent the company from staying competitive. ### **Demoralised workforce with reduced well-being** Constant exposure to disrespect can wear down even the most resilient individuals. It affects mental health, self-respect, and overall well-being. In such environments, employees often feel undervalued and insignificant, leading to decreased motivation and engagement. Moreover, the negativity from the workplace can spill over into personal lives, affecting work-life balance and overall happiness. ![Respect in the workplace: Tips for employers and employees](https://media.elker.com/67407504-27a6-4073-b141-044775f83c34/respect-workplace-office.png?width=992) ## Conclusion In any successful business, creating a respectful and inclusive environment is essential. It sets the foundation for trust, teamwork, and innovative ideas. But to truly maintain this environment, it's important to have employees communicate openly. Workplaces are not always harmonious. It's perfectly normal for issues to arise and even significant interpersonal and cultural challenges to overcome. Tight deadlines, a lack of clear communication and stress can sometimes create tension among co-workers. It's important that organisations continuously listen to their employees and address issues as they occur. This is where tools like Elker come in. As an [anonymous reporting platform](/articles/whistleblowing-software), Elker empowers individuals to report concerns, from minor incidents to [serious misconduct](/articles/serious-misconduct). Its dynamic surveys and analytics provide invaluable insights, enabling managers to spot trends and areas of concern. This allows managers to tackle employee misconduct and dissatisfaction early before it becomes a significant problem. By integrating platforms like Elker, businesses and organisations can take a proactive stance, ensuring that respect and safety remain at the forefront of their workplace culture. ### Key takeaways - Treat respect as a compliance issue, not a soft HR aspiration. The Respect at Work reforms shifted the legal baseline from reactive complaint handling to proactive prevention, and the Australian Human Rights Commission now oversees compliance. - Build the channels before you need them. Anonymous reporting, pulse surveys, and feedback loops only work as preventative tools if they exist before the first serious complaint lands. - Audit your everyday rituals. Meeting interruptions, who gets credit, who is invited to which conversations, and how disagreements are handled reveal more about respect than any values poster. - Hold managers accountable for the climate on their team. Leadership tone is the strongest single predictor of whether workers feel safe to speak up, give feedback, and stay. - Use aggregated data, not individual incidents, to spot drift early. Trends across reports, surveys, turnover, and absenteeism surface problems while there is still time to fix them without a regulator involved. ## Frequently asked questions Respect is the foundation of a healthy organisational culture. When employees feel valued and heard they are more engaged, more productive, and more likely to stay. Over time a respectful environment produces lower absenteeism, stronger collaboration, more creativity, and better business outcomes, while the absence of respect erodes [psychological safety](/articles/psychologically-safe-workplace) and pushes good people out the door. Mutual respect runs in every direction. It is how leaders treat their teams, how teammates treat each other, and how employees treat their managers. When it is present, disagreements are handled constructively, ideas flow more freely, and behaviours like bullying and harassment are far less likely to take hold. Without it, communication breaks down and the workplace becomes vulnerable to the [signs of a toxic culture](/articles/signs-of-a-toxic-workplace). The Anti-Discrimination and Human Rights Legislation Amendment (Respect at Work) Act 2022 obliges Australian employers to take proactive steps to eliminate sex discrimination, sexual harassment, sex-based harassment, victimisation, and conduct that creates a hostile work environment on the ground of sex. It applies to every entity covered by the Sex Discrimination Act, from sole traders to government agencies, and is enforced by the Australian Human Rights Commission. See our breakdown of the [seven standards for positive duty compliance](/articles/7-standards-positive-duty-sex-discrimination-act). Promote authenticity so employees can bring their whole selves to work, encourage open communication and constructive feedback, recognise and reward respectful behaviour, lead by example from the top, embed core values into everyday decisions, and invest in continuous learning. Anonymous surveys and [whistleblowing tools](/articles/whistleblowing-software) are particularly valuable because they surface concerns that might otherwise stay buried. Disrespect erodes psychological safety, fuels misunderstandings and conflict, and can tip into a toxic environment where bullying, [victimisation](/articles/what-is-unlawful-victimisation-in-the-workplace), and harassment take root. The downstream costs include higher turnover, harder recruitment, suppressed innovation, demoralised staff, and reputational damage on sites like Glassdoor that future candidates will see. ### Sources 1. Anti-Discrimination and Human Rights Legislation Amendment (Respect at Work) Act 2022 (Cth) 2. Sex Discrimination Act 1984 (Cth), positive duty provisions 3. Australian Human Rights Commission, Respect@Work: National Inquiry into Sexual Harassment in Australian Workplaces (2020) 4. Australian Human Rights Commission, Guidelines for Complying with the Positive Duty under the Sex Discrimination Act 1984 (Cth) 5. Safe Work Australia, Model Code of Practice: Managing psychosocial hazards at work 6. For NZ readers: WorkSafe New Zealand, Preventing and responding to bullying at work, and the Health and Safety at Work Act 2015 _This article is general information only, not legal advice. Laws change and individual circumstances differ. For advice on your specific circumstances, consult a qualified legal practitioner. See our [Terms of Use](/policies/terms) for the full disclaimer._ ## You might also like --- url: https://elker.com/articles/right-to-disconnect-australia title: "Right to Disconnect: Australia - Guide for Employers" description: "Australian workers have a right to disconnect from attempted contact by employers after working hours." locale: en-AU generated: 2026-07-01T14:05:41.200Z --- Feb 28, 2024 # Right to Disconnect: Australia Empowers Workers In Closing Loopholes Bill [Compliance](/blog/compliance)[Cultural change](/blog/cultural-change) With the passing of the Fair Work Legislation Amendment ([Closing Loopholes No. 2](https://parlinfo.aph.gov.au/parlInfo/download/legislation/bills/r7134_aspassed/toc_pdf/b23pu107.v08.pdf;fileType=application%2Fpdf)) Bill 2023, Australian workers have a right to disconnect from contact by employers after working hours. This article explains the Bill and its practical implications for Australian employers. ![The right to disconnect: A guide for Australian employers](https://media.elker.com/242b539d-a908-44b2-a011-0c555a44d873/right_to_disconnect_australia.png?width=992) ByElker Editorial TeamReviewed byJack MurrayUpdated22 April 2026 **TL;DR** - The right to disconnect is a workplace right introduced by the Fair Work Legislation Amendment (Closing Loopholes No. 2) Act 2024, which amended the Fair Work Act 2009 (Cth). It gives employees a right to refuse to monitor, read or respond to contact, or attempted contact, from their employer outside working hours, provided the refusal is not unreasonable. - It commenced on **26 August 2024** for businesses with 15 or more employees, and on **26 August 2025** for small business employers. - Reasonableness is assessed against: the reason for the contact, the mode of contact and level of disruption it causes, whether the employee is compensated to perform work outside of normal hours, the nature of the role and level of responsibility, and the employee's personal circumstances including family or caring responsibilities. - The Fair Work Commission enforces the right, including by issuing stop orders to prevent adverse action against employees who exercise it. The process starts with workplace-level discussion and escalates to the Commission if that fails. - Exemptions apply to the Australian Federal Police, the Australian Defence Force and other national security operations. Contact required under Commonwealth, state or territory law cannot be refused as unreasonable. The law does not stop employers from sending messages after hours; it protects employees from adverse action for not responding to unreasonable ones. **26 August 2024:** the right to disconnect is now in effect for business larger than 15 people. The right to disconnect will be effective for **small businesses on 26 August 2025**. ## What is the right to disconnect? The right to disconnect is the legal right for employees to refuse to monitor, read or respond to contact, or attempted contact, by employers after working hours, provided the refusal is not unreasonable. Under the _Fair Work Act 2009_ (Cth), employees can ignore phone calls, emails, text messages and other work-related communication. The law does not prevent employers from sending emails outside of an employee's working hours. However, it will protect workers who ignore unreasonable contact by their employer. ### Reasonable contact To determine what contact is considered reasonable, the new legislation amendment takes into consideration: - the reason for contacting an employee after work hours - the mode of contact and degree of disruption this causes - if the employee is compensated to perform work outside of normal hours - the nature of the employee's role and level of responsibility - the employee's personal circumstances, including family or caring responsibilities. ### Exemptions Small business employers will be exempt from provisions for 12 months after the commencement of the new laws. Exemptions will apply to the operations of the Australian Federal Police, the Australian Defence Force and other operations pertaining to national security.  An employee's refusal to monitor, read or respond to contact by their employer will also be considered unreasonable if the contact is required under Commonwealth, State or Territory law.  ![The right to disconnect: A guide for Australian employers infographic](https://media.elker.com/b74eb81a-9b72-48a5-b680-2c454451a8cc/right_to_disconnect_australia_2.png?width=992) ## How will the new laws be enforced? ### Disputes The Fair Work Commission (FWC) plays a central role in enforcing Australia's new laws regarding the right to disconnect. In instances where there's a disagreement between an employer and an employee over monitoring, reading, or responding to communications outside of ordinary hours of work, the FWC is the authority that intervenes. It has the power to issue stop orders. ### Stop orders A stop order is designed to prevent employers from taking any adverse action against employees who exercise their right to disconnect. If an employer attempts to penalise, dismiss, or otherwise disadvantage an employee for not engaging in work-related communications after hours, the FWC can step in to protect the employee's rights. ### Process The process should begin with attempts to resolve the issue at the workplace level through direct discussions. If these discussions fail, either party can escalate the matter to the Fair Work Commission. The FWC can appoint orders that not only stop employers from taking punitive actions but also aim to mediate a fair resolution that respects the employee's right to disconnect while ensuring business needs are considered. ## Information for employers The introduction of the right to disconnect in Australia necessitates significant adjustments from employers to the Bill. Here are important points for employers to consider: - **Assessment:** Employers should use this period to prepare and adapt their workplace policies and practices accordingly. - **Training and awareness**: Employers should make managers and employees aware of the new measures. For managers, education should focus on respecting boundaries and the legal implications of the new right. Employees should be educated on their rights and the measures the organisation is taking to support those rights. - **Policy development**: Develop clear policies around the use of work technology outside agreed working hours. The policies should provide guidelines on acceptable practices and help foster a culture that respects personal time. - [**Feedback mechanisms**](/articles/anonymous-employee-feedback): Implement an [anonymous reporting tool](/articles/anonymous-reporting-advantages-disadvantages) to identify and address potential issues early on. - **Scheduling communications**: Encourage employees to schedule emails and tasks during agreed working hours to minimise after-hours disruptions. ## Summary The introduction of the right to disconnect under the [Closing Loopholes](/articles/closing-loopholes) Bill is a significant step towards modernising work culture and acknowledging the changing dynamics of work in the digital age. The new legislation is designed to improve the work-life balance of Australian employees and minimise disruptions caused by after-hours work communications. Elker offers a secure and confidential way for employees to report violations of their right to disconnect without [fear of retaliation](/articles/what-is-unlawful-victimisation-in-the-workplace). By empowering employees to [speak up](/articles/speak-up-culture) about concerns, Elker helps organisations ensure that after-hours communication policies are respected and adhered to, safeguarding the organisation against disputes. [Book a demonstration](/book-demo) of Elker today. ### Key takeaways - The right is enforceable through Fair Work Commission stop orders, not advisory. Employers who penalise an employee for not responding to unreasonable out-of-hours contact are exposed to Commission intervention. - Reasonableness is a balancing test, not a bright line. Occasional contact for a genuine emergency is usually reasonable; a sustained expectation of after-hours responsiveness for routine matters typically is not. - Employees who are compensated for availability or on-call work generally cannot refuse reasonable contact within the scope of that compensation, and the law specifically lists compensation as a reasonableness factor. - Dispute resolution starts at the workplace. Internal discussion is the first required step, and only if that fails can either party escalate to the Fair Work Commission. - After-hours contact concerns often surface through anonymous or confidential channels before they become formal disputes, which makes the [speak-up channel](/articles/speak-up-culture) a practical early-warning mechanism. ## Frequently asked questions The right to disconnect is a workplace right that allows employees to refuse to monitor, read, or respond to contact, or attempted contact, from their employer outside working hours, provided the refusal is not unreasonable. It was introduced by the Fair Work Legislation Amendment ([Closing Loopholes](/articles/closing-loopholes) No. 2) Act 2024 and sits within the Fair Work Act 2009 (Cth). The law does not prevent employers from sending messages after hours; it protects workers from adverse action for choosing not to respond to unreasonable contact. 26 August 2024 for businesses with 15 or more employees, and 26 August 2025 for small business employers. It applies to employees covered by the Fair Work Act 2009. Businesses had a lead time after passage of the Closing Loopholes No. 2 Act in February 2024 to update policies, train managers, and prepare for enforcement through the Fair Work Commission. No. Employers can still send after-hours emails, calls, and messages. What changed is that Australian employees now have the legal right to ignore unreasonable contact without fear of discipline or retaliation. The Fair Work Commission assesses reasonableness by looking at the reason for the contact, the degree of disruption, the employee's role and paid responsibilities, and their personal circumstances. Penalties may apply for non-compliance, and the Commission can issue stop orders against employers who take adverse action for exercising the right. The Fair Work Act sets out a list of factors the Fair Work Commission considers: the reason for the contact, the mode of contact and the degree of disruption, whether the employee is compensated to perform work outside normal hours, the nature of the employee's role and level of responsibility, and the employee's personal circumstances including family or caring responsibilities. There is no fixed rule about how many after-hours messages are too many; it is a contextual test that weighs the employer's legitimate business need against the employee's right to rest. Not if the refusal is not unreasonable. The Fair Work Commission can issue stop orders to prevent employers from taking adverse action against an employee for exercising the right. Adverse action also engages the Fair Work Act's general protections regime, with civil penalties and compensation available. Adverse action against an employee for exercising a workplace right is a form of [unlawful victimisation](/articles/what-is-unlawful-victimisation-in-the-workplace) that confidential reporting channels often surface before disputes escalate. Yes. Exemptions apply to the operations of the Australian Federal Police, the Australian Defence Force, and other operations pertaining to national security. In addition, a refusal is considered unreasonable if the contact is required under Commonwealth, state, or territory law. Small business employers had an extra 12 months to prepare, with the right applying to them from 26 August 2025. Employers should assess and adapt existing workplace policies, train managers and employees on the new measures, and develop written guidelines on the use of work technology outside agreed working hours. Scheduling emails and tasks during agreed working hours reduces after-hours disruption, and [anonymous feedback mechanisms](/articles/anonymous-employee-feedback) help surface concerns early before they escalate to Fair Work Commission disputes. Building a clear workplace-level dispute step into the policy matters because internal discussion is a required first step before the Commission can intervene. ### Sources 1. Fair Work Act 2009 (Cth), s 333M (right to disconnect) 2. Fair Work Legislation Amendment (Closing Loopholes No. 2) Act 2024 (Cth) 3. Fair Work Commission, Right to Disconnect Guideline 4. Fair Work Ombudsman, right to disconnect implementation guidance 5. Fair Work Commission, case law on right to disconnect disputes _This article is general information only, not legal advice. Laws change and individual circumstances differ. For advice on your specific circumstances, consult a qualified legal practitioner. See our [Terms of Use](/policies/terms) for the full disclaimer._ ## You might also like --- url: https://elker.com/articles/serious-misconduct title: "Dealing With Serious Misconduct In the Workplace" description: "Learn about serious misconduct, its impact on employment, and the steps for addressing workplace issues." locale: en-AU generated: 2026-07-01T14:05:41.251Z --- Aug 1, 2022 # Dealing With Serious Misconduct In the Workplace [Cultural change](/blog/cultural-change)[Reporting](/blog/reporting)[Compliance](/blog/compliance) Serious misconduct disrupts trust and carries severe repercussions. What constitutes serious misconduct, and how should it be addressed? Learn about the nature of serious misconduct, its impact on employment, and the steps for addressing such issues, providing clear guidance for employees and employers. ![Dealing with serious misconduct in the workplace: Guide](https://media.elker.com/b104eb48-7468-4115-ab4b-9509bb2abaa1/serious-misconduct.png?width=992) ByElker Editorial TeamReviewed byJack MurrayUpdated22 April 2026 **TL;DR** - Serious misconduct is wilful or deliberate behaviour that is inconsistent with the continuation of the contract of employment, or conduct causing serious and imminent risk to the health and safety of a person or to the reputation, viability, or profitability of the employer's business. The definition is set in regulation 1.07 of the Fair Work Regulations 2009 (Cth). - Specific examples captured by the definition include theft, fraud, assault, sexual harassment, intoxication at work, wilful damage to company property, and refusal to carry out a lawful and reasonable instruction that is consistent with the employment contract. - Serious misconduct can justify summary dismissal (termination without notice or payment in lieu), but the conduct must genuinely meet the regulation's threshold and the employer must still follow procedural fairness. Dismissals that fail either test routinely lose at the Fair Work Commission. - Even in summary dismissal cases, the employee has a right to bring a support person to disciplinary meetings, to be told what is alleged in enough detail to respond, and to have the decision made by an impartial decision-maker. Denying a support person is a common procedural unfairness finding. - The standard of proof in workplace investigations is the balance of probabilities. Contemporaneous documentation of interviews, meetings, warnings, and decisions is what makes a dismissal defensible if it is later challenged. ## Key takeaways - Serious misconduct includes illegal actions or those posing a significant risk to health, safety, or business reputation, leading to immediate termination and potential impact on future employment. - Employers must thoroughly investigate allegations of serious misconduct following a structured process, maintaining procedural fairness to avoid unfair dismissal claims. - Maintaining a safe and compliant workplace involves preventing serious misconduct, effective post-investigation support, and adherence to [health and safety regulations](/articles/psychosocial-hazards-at-work). ## Understanding serious misconduct: definition and implications Serious misconduct embodies illegal actions that pose a significant risk to the health and safety of employees or the reputation, viability, or profitability of an employer's business. This includes acts such as theft, fraud, assault, or being intoxicated at work. Additionally, wilful or deliberate behaviour, such as willful disobedience, gross negligence, or significant breaches of workplace policies, also qualifies as serious employee misconduct. The consequences of engaging in serious misconduct are severe. It can lead to: - Immediate termination of employment without notice or payment in lieu of notice - Ineligibility for certain entitlements, such as leave payouts and severance pay - Potential impact on future employment opportunities and professional reputation. Contrarily, [ordinary misconduct](/articles/dealing-with-workplace-misconduct), being less severe, often leads to warnings or disciplinary action rather than immediate dismissal. Understanding the difference between serious and ordinary misconduct is vital for employees and employers due to the significant variation in potential consequences. ### Fair Work Act 2009 and employment contracts The Fair Work Act 2009 provides a legal framework for defining serious misconduct, which is deliberate behaviour by an employee that is inconsistent with the continuation of their employment. The definition of serious misconduct under the Act includes specific examples, such as: - Theft - Fraud - Assault - Intoxication at work - Willful or deliberate damage to company property - Breach of company policies or codes of conduct This term carries substantial weight in the employment relationship and should not be dismissed lightly. Employment contracts often define serious misconduct and may provide specific examples relevant to the nature of the business or industry. As a result, employees must understand their employment contract and the Fair Work Act to ensure they are aware of the acceptable standards of conduct in the workplace. Employers are advised to include policies on standards of behaviour, misconduct, and disciplinary action in their employee handbooks and employment agreements, outlining the employee's duties. This way, employees are aware of the expectations and the potential ramifications of any serious misconduct, thus promoting a conducive and compliant workplace during an employee's employment. ## Recognising and addressing imminent risks Serious misconduct is more than just a breach of trust or an act of defiance. It encompasses behaviour that poses a serious and imminent risk to various aspects of the employer's business or individuals' safety. These imminent risks include threats to individuals' health and safety or the reputation, viability, or profitability of the employer's business. Employers are required to manage these risks appropriately. Failing to do so can result in legal consequences, such as monetary penalties for non-compliance with health and safety regulations. Therefore, identifying and [mitigating imminent risks linked to serious misconduct](/articles/5-risk-factors-for-sexual-harassment-in-the-workplace) is a key component in maintaining a safe and compliant workplace. ![Examples of serious misconduct in the workplace infographic](https://media.elker.com/8432902a-8fbc-41b2-8304-cb1db894ddfd/serious-misconduct-examples.png?width=992) ## Common examples of serious misconduct To clarify the concept of serious misconduct, we will examine some typical examples. These include theft from an employer or other employees and fraudulent actions such as falsifying timesheets or expense reports. Such acts are a breach of trust and potentially criminal offences. Serious misconduct includes: - Violent behaviour or threats of violence against colleagues or management - Instances of [sexual harassment](/articles/7-standards-positive-duty-sex-discrimination-act) and [bullying](/articles/understanding-and-preventing-workplace-bullying) - Intoxication at work due to alcohol or illegal drugs to the extent that the employee is unfit to perform their duties Additionally, serious breaches of health and safety procedures that endanger others are also deemed as serious misconduct and can warrant termination. Furthermore, engaging in conduct outside of work, such as indecent or unlawful behaviour that damages the relationship with the employer or reflects poorly on the employer's reputation, can be considered serious misconduct. ## Lawful and reasonable instructions: A key factor in misconduct cases The concept of lawful and reasonable instructions is crucial in determining misconduct cases. A direction is considered lawful and reasonable if it is within the scope of the employee's role, involves no illegality, and is appropriate regarding the circumstances. This principle applies to both private and public sectors. The Australian Public Service Commission requires that directions to public servants promote integrity and public confidence in the service. Refusal to execute a lawful and reasonable instruction pertaining to one's job duties can be indicative of serious misconduct. Intentional non-compliance with instructions from superiors that are lawful and reasonable is viewed as serious misconduct. It is an implied condition in Commonwealth employment contracts in Australia that employees adhere to lawful and reasonable instructions from their employers. Therefore, comprehension and adherence to lawful and reasonable instructions are vital to preventing serious misconduct. ## Investigating allegations of serious misconduct When allegations of serious misconduct arise, they must be investigated thoroughly and objectively. A workplace investigation is an independent process designed to ascertain facts regarding allegations of serious misconduct, eliminating perceived bias. This process involves the complainant and respondent, [witnesses](/articles/bystander-effect-in-the-workplace), a support person, and the investigator, contributing to a structured six-step process for thorough fact-finding. The six steps of a workplace investigation are: - Planning and preparation - Gathering evidence - Conducting interviews - Analysing the evidence - Making findings and conclusions - Preparing the investigation report - Employers can ensure a fair and comprehensive investigation process by following these steps. The standard of proof in workplace investigations is the balance of probabilities, where various types of evidence are collected. Therefore, employers should systematically document all aspects of the investigation, including: - Interviews - Meetings - Warnings - Decisions This will help maintain records substantiating the investigation's findings and procedural fairness. However, the investigation process must also follow fair procedures. Any rushed decisions or lack of a proper response can lead to accusations of unfair dismissal. Thus, conducting a well-executed workplace investigation supports the employer's decisions and can reduce the risk of legal challenges from unfair dismissal claims. ### Avoiding unfair dismissal claims Employers must also tread carefully when dealing with serious misconduct to avoid unfair dismissal claims. A dismissal can be deemed harsh, unjust, or unreasonable if the termination process lacks procedural fairness, even if the employee violated lawful and reasonable instructions. Therefore, employers should provide a clear warning about the consequences of misconduct, unless it’s a case of summary dismissal for gross misconduct, to maintain procedural fairness. To avoid unfair dismissal allegations, it is vital to: - Avoid hasty decisions - Ensure ample time for a thorough investigation and response - Allow employees to have a support person of their choice during the disciplinary process Denying an employee's choice of a support person during the disciplinary process can lead to procedural unfairness, potentially affecting the outcome of unfair dismissal claims, especially in cases of an employee refusing to cooperate without their chosen support person. To further reduce the risk of unfair dismissal claims, the reason for dismissal must be substantiated, defensible, and genuinely related to the employee’s capacity or conduct. Legal advice prior to terminating an employee for serious misconduct can help ensure that the employer complies with employment laws and minimises the risk of an unfair dismissal claim. ## Disciplinary actions and termination procedures Once serious misconduct has been established, it must be addressed firmly. Under the Fair Work Act, serious misconduct may warrant immediate termination without notice or payment in lieu of notice, emphasising the gravity of such violations. However, this is not the only course of action. An employee may be suspended with full pay during the disciplinary process if they pose a risk of harm to people or the business. Typical initial disciplinary actions for misconduct can range from a verbal or written warning to letters of concern or final written warnings. Disciplinary meetings allow the accused employee to prepare and present extenuating circumstances with at least 24-48 hours' notice and the right to bring a support person. Employers must follow their internal disciplinary procedures and pertinent industry standards when handling serious misconduct cases. This not only ensures fair treatment of the employee but also protects the employer from potential legal repercussions and safeguards the employer's business. ### Employee support and representation Employees have the right to bring a support person to assist them during the disciplinary process. This can be: - a colleague - a friend - a family member - a union representative - a lawyer - any other person the employee trusts Employers must inform employees of this right during discussions about dismissal, ensuring procedural fairness. A support person's primary responsibility is to provide emotional support and assist the employee by clarifying questions or taking notes. They should not advocate or speak for the employee but may provide clarification and request brief breaks if necessary. However, the employer can reasonably refuse a proposed support person if they are involved in the issues addressed or part of the decision-making process or cannot attend within a reasonable timeframe. If a support person disrupts the meeting, the employer can pause to remind them of their role or reschedule the meeting with a different support person if necessary. Thus, the presence and role of a support person play a significant part in the disciplinary process, as they contribute to procedural fairness and provide necessary assistance to the employee. ![Maintaining a safe and compliant workplace](https://media.elker.com/850aaf7b-84be-407a-b7eb-3a89e4756626/compliance-workplace.png?width=992) ## Maintaining a Safe and Compliant Workplace Maintaining a safe and compliant workplace is a collective responsibility. Leadership is pivotal in [fostering a workplace culture](/articles/culture-audit-guide) that upholds ethical behaviour and discourages misconduct, with leaders accountable for setting and demonstrating ethical standards and behaviours. Establishing zero-tolerance policies for misconduct and having transparent reporting processes encourages a culture of compliance and ensures that incidents are dealt with promptly and fairly. Compliance with health and safety regulations is vital in preventing serious workplace misconduct and minimising the possibility of accidents. This necessitates proper training, access to safe equipment, and safe work environments. Health and Safety Representatives have a pivotal role in monitoring and enforcing safety regulations, with specific training and the authority to halt work over serious immediate safety concerns. Post-investigation, organisations must support employees and ensure safety and wellbeing while managing any long-term changes or [victimisation](/articles/what-is-unlawful-victimisation-in-the-workplace) from the investigation. Thus, maintaining a safe and compliant workplace is not just about preventing serious misconduct but also about handling it appropriately when it does occur. ## How anonymous reporting tools can help your organisation Maintaining a safe and compliant workplace requires a collective effort from all stakeholders – from leadership setting the tone of ethical behaviour, employees abiding by the rules and regulations, and the right systems and processes to address misconduct when it arises. By doing so, we create not just a workplace that is safe and compliant but one that promotes integrity, fairness, and respect. Integrating [anonymous reporting tools into the workplace](/articles/anonymous-reporting-advantages-disadvantages) serves as a proactive measure for the early detection of workplace issues. These tools empower employees to [report concerns](/articles/what-is-whistleblowing) without fear of retaliation, ensuring that potential problems can be addressed before they escalate into serious misconduct. By providing a secure channel for communication, anonymous reporting tools help in maintaining a safe environment for all employees and safeguarding the reputation and integrity of an organisation. Elker, an innovative anonymous reporting platform, is designed to [facilitate employees in speaking up](/articles/speak-up-culture) about workplace issues. With its end-to-end encrypted [whistleblowing tools](/articles/whistleblowing-software), real-time analytics, and pulse surveys, Elker offers a comprehensive solution for the detection and management of workplace concerns. These features not only encourage a culture of openness and transparency but also help in identifying patterns that could indicate deeper systemic problems. If you would like to know more about how Elker can transform your approach to workplace safety and compliance, book a demonstration of the platform today. ### Key takeaways - Serious misconduct is a legal threshold, not a labelling exercise. Employer policy can describe conduct as serious, but whether it actually meets the Fair Work Regulations definition is decided by the Commission, not the employer. - Summary dismissal is the most serious disciplinary response available and carries the highest legal risk. Suspension on full pay during investigation is often a safer interim step where the worker poses a risk to people or the business. - Six-step workplace investigations, planning, evidence gathering, interviews, analysis, findings, and report, are the standard approach for serious misconduct matters. Rushing any step creates grounds for an unfair dismissal claim. - A support person must be permitted at disciplinary meetings, with at least 24 to 48 hours' notice of the meeting. The support person's role is to provide emotional support and take notes, not to advocate. - Anonymous reporting systems often surface the conduct that later becomes a serious misconduct finding, particularly sexual harassment, bullying, fraud, and safety breaches. The tip triggers the investigation; the evidence the investigation collects justifies the outcome. ## Frequently asked questions Serious misconduct is defined in regulation 1.07 of the Fair Work Regulations 2009 (Cth). It covers wilful or deliberate behaviour that is inconsistent with the continuation of the contract of employment, or conduct that causes serious and imminent risk to the health and safety of a person or to the reputation, viability, or profitability of the employer's business. The regulation lists specific examples including theft, fraud, assault, sexual harassment, intoxication at work, and refusal to carry out lawful and reasonable instructions. [Ordinary misconduct](/articles/dealing-with-workplace-misconduct) involves less severe breaches of workplace policy or performance standards, and usually triggers a graduated response such as warnings, performance management, training, or suspension. Serious misconduct meets the regulation 1.07 threshold and can justify summary dismissal without notice or payment in lieu, provided the employer follows procedural fairness. Misclassifying ordinary misconduct as serious and dismissing accordingly is one of the most common ways employers end up in the Fair Work Commission. Yes. Summary dismissal (termination without notice or payment in lieu) is available under the Fair Work Act where the conduct genuinely meets the definition of serious misconduct and the employer has followed procedural fairness. Procedural fairness requires clear notice of the allegations, a real opportunity to respond, the right to a support person, and an impartial decision-maker. Skipping any of these steps is likely to make the dismissal harsh, unjust, or unreasonable, even where the underlying conduct was serious. Employers can also suspend an employee on full pay during investigation where the person poses a risk to people or the business. Yes. Employers must inform employees of their right to bring a support person to any disciplinary meeting, and denying that right can amount to procedural unfairness. The support person can be a colleague, friend, family member, union representative, or lawyer. Their role is to provide emotional support, help clarify questions, and take notes. They do not speak or advocate on the employee's behalf. Employers can reasonably refuse a proposed support person only in narrow circumstances, such as where the person is involved in the matter or part of the decision-making process. Some forms of serious misconduct can also be criminal offences. Theft, fraud, assault, and certain drug or safety offences may all attract criminal investigation and prosecution separately from any workplace disciplinary process. Employers should report suspected criminal conduct to the relevant authorities and run an internal workplace investigation in parallel, following the Fair Work Regulations and the terms of the employee's contract. Criminal liability and workplace disciplinary liability are assessed independently, and an acquittal on criminal charges does not automatically protect an employee from dismissal on the balance of probabilities. A flawed investigation, one that rushes the process, fails to document findings, does not give the respondent a fair chance to respond, or relies on biased decision-making, will usually result in any subsequent dismissal being overturned as harsh, unjust, or unreasonable. The Fair Work Commission applies a reasonableness test to both the underlying facts and the process used to reach a decision. [Bystander accounts](/articles/bystander-effect-in-the-workplace) and protections against retaliation for witnesses are important factors that investigators should consider and document. The Fair Work Commission does not investigate alleged misconduct itself. It intervenes when a dismissed employee lodges an unfair dismissal application. The Commission then assesses whether there was a valid reason for dismissal related to the employee's capacity or conduct, and whether the employer followed a fair process including clear notice of the allegations, a real opportunity to respond, and access to a support person. If either test fails, the Commission can order reinstatement, compensation, or other remedies. Employers should seek legal advice before terminating for serious misconduct to minimise this risk. ### Sources 1. Fair Work Regulations 2009 (Cth), regulation 1.07, definition of serious misconduct 2. Fair Work Act 2009 (Cth), Part 3-2, unfair dismissal provisions 3. Fair Work Commission, Unfair Dismissals Benchbook and case law 4. Fair Work Ombudsman, guidance on dismissal and summary dismissal 5. For NZ: Employment Relations Act 2000 (NZ) and Employment Relations Authority guidance on serious misconduct and justified dismissal _This article is general information only, not legal advice. Laws change and individual circumstances differ. For advice on your specific circumstances, consult a qualified legal practitioner. See our [Terms of Use](/policies/terms) for the full disclaimer._ ## You might also like --- url: https://elker.com/articles/shirli-kirschner-game-changers title: "Shirli Kirschner Talks to Tracey Spicer on Game Changers" description: "Explore Elker's innovative approach to reporting workplace issues with co-founder Shirli Kirschner. Learn how Elker empowers workplaces all over Australia." locale: en-AU generated: 2026-07-01T14:05:41.285Z --- Feb 26, 2024 # Elker Co-Founder, Shirli Kirschner, Talks to Tracey Spicer on Game Changers [Cultural change](/blog/cultural-change) Discover Elker's innovative approach to reporting workplace issues with co-founder Shirli Kirschner. Watch the video below. ![Elker Co-Founder, Shirli Kirschner, Talks to Tracey Spicer on Game Changers](https://media.elker.com/cc136a04-047c-442a-8e10-ceae0162407b/game-changers-shirli-elker.jpeg?width=992) ByElker Editorial TeamReviewed byJack MurrayUpdated22 April 2026 ## Video Appearing on [Tracey Spicer's Game Changers](https://www.youtube.com/watch?v=VqkFnwKPYdE), Shirli Kirschner, co-founder of Elker, discusses the platform's unique approach to early intervention in workplace issues. Highlighting the significance of anonymity and two-way communication, Kirschner shares how Elker aims to transform traditional reporting mechanisms, making it easier for individuals to voice concerns and for organisations to respond proactively. ## Resources Elker is a platform that allows individuals to [speak up](/articles/speak-up-culture) about workplace issues like [sexual harassment](/articles/5-risk-factors-for-sexual-harassment-in-the-workplace), [discrimination](/articles/discrimination-in-the-workplace), and [misconduct](/articles/serious-misconduct). Beyond anonymous reporting, it offers tools for [surveys](/articles/culture-audit-guide), analytics, case management and reporting to foster open communication and compliance for Australian organisations. For more information about workplace reporting, visit our article on the [benefits of anonymous reporting in the workplace](/articles/anonymous-reporting-advantages-disadvantages). For information about getting compliant with the new positive duty in the Sex Discrimination Act, visit our article explaining the [positive duty guidelines](/articles/7-standards-positive-duty-sex-discrimination-act). Interested in trying Elker firsthand? [Book a demonstration](/book-demo) to see how our platform can transform your approach to workplace reporting and compliance. _This article is general information only, not legal advice. Laws change and individual circumstances differ. For advice on your specific circumstances, consult a qualified legal practitioner. See our [Terms of Use](/policies/terms) for the full disclaimer._ ## You might also like --- url: https://elker.com/articles/signs-of-a-toxic-workplace title: "Signs of a Toxic Workplace: 7 Red Flags to Watch | Elker" description: "A toxic workplace can significantly impact employees' well-being. Find out how your organisation can minimise these issues." locale: en-AU generated: 2026-07-01T14:05:41.338Z --- May 15, 2024 # Signs of a Toxic Workplace: 7 Red Flags to Look Out For [Reporting](/blog/reporting)[Cultural change](/blog/cultural-change) A toxic workplace can significantly impact employees' well-being, productivity, and job satisfaction. While bullying or harassment are obvious signs of a toxic work culture, other subtle signs can be just as damaging. Recognising these signs early on can prevent negative consequences, such as decreased productivity, high turnover rates, and reputational damage. ![Signs of a toxic workplace: 7 red flags to look out for](https://media.elker.com/d82ad97c-f5af-46da-b0e8-7d790b3472d7/signs_toxic_workplace_1.png?width=992) ByElker Editorial TeamReviewed byJack MurrayUpdated22 April 2026 **TL;DR** - Seven red flags indicate a toxic workplace: poor communication and lack of transparency, unfair treatment and favouritism, lack of accountability and blame-shifting, high turnover and burnout, gossip and rumours, absence of diversity, equity and inclusion, and inadequate reporting or whistleblower protections. - These signs rarely appear in isolation. A toxic workplace is usually recognisable by the pattern: several red flags reinforcing each other over time, not a single bad week or difficult manager. - Industry data captures the scale: only 13% of employees strongly agree their organisation shares information well (Gallup), 23% of Australian workers have experienced workplace discrimination (AHRC), and 62% of employees believe their organisation lacks an effective system for reporting misconduct (Ethics and Compliance Initiative). - Toxic culture is expensive and legally exposed. Burnout and turnover cost money, and sustained toxic behaviour can trigger claims under the Fair Work Act 2009, the Sex Discrimination Act 1984, state WHS psychosocial hazard regulations, and, in New Zealand, the Health and Safety at Work Act 2015. - Reclaiming a workplace from toxicity is a combination of clear policies, consistent enforcement, regular pulse surveys, early intervention on [bullying](/articles/understanding-and-preventing-workplace-bullying) and harassment, and a trusted, ideally anonymous, reporting channel. ## Red flag 1: Poor communication and lack of transparency Poor communication and lack of transparency are common signs of a toxic workplace. When employees are unclear about expectations, lack feedback, or have unresponsive management, they quickly become frustrated and mistrustful. According to a Gallup study, **only 13% of employees strongly agree that their organisation does a great job of sharing information** with them. Poor communication leads to misunderstandings, errors, and conflicts, all contributing to a toxic environment. Clear communication and transparency are essential for building trust and fostering a positive, productive workplace culture. Regular pulse surveys, like those offered by Elker, can help organisations gauge employee sentiment and identify areas for improvement in communication. Actively seeking feedback and addressing communication issues can create more open, collaborative, and productive work environments. ## Red flag 2: Unfair treatment and favouritism Unequal opportunities, biased decision-making, or preferential treatment leads to demotivation and decreased morale. According to the Australian Human Rights Commission, **23% of Australian workers have experienced discrimination in the workplace**. This includes 49% of mothers and [27% of Australians aged 50 years and older](https://humanrights.gov.au/our-work/age-discrimination/publications/national-prevalence-survey-age-discrimination-workplace) who reported negative attitudes, decreased pay, hours changed against their wishes, missed growth opportunities, denied leave and job loss. Unfair treatment creates a sense of injustice and discrimination, eroding trust and undermining employee engagement. Many employees who experience unfair treatment look for another job or resign. Organisations can implement fair and transparent practices, such as [anonymous reporting](/articles/anonymous-reporting-advantages-disadvantages) and case management systems like those provided by Elker, to combat these issues. Ensuring all employees are treated equitably creates a more inclusive and supportive workplace. ## Red flag 3: Lack of accountability and blame-shifting A lack of accountability and blame-shifting are common signs of a toxic workplace. When individuals deny responsibility for their actions, blame others for their mistakes, or face no [consequences for misconduct](/articles/serious-misconduct), it creates a culture of mistrust and decreased motivation. According to the Ethics & Compliance Initiative, **41% of employees have observed misconduct in the workplace, but only 63% reported it**. When accountability is absent, employees feel their efforts go unrecognised or their concerns are not taken seriously. This leads to a culture of blame-shifting, where individuals prioritise protecting themselves over working towards common goals. Promoting accountability is essential for fostering a culture of responsibility and respect. Implementing a robust case management system, like the one offered by Elker, helps organisations track and investigate misconduct, ensuring all employees are held to the same standards and maintaining transparency throughout the process. ## Red flag 4: High turnover rates and burnout When employees frequently resign, struggle to be retained, or experience burnout, it signals underlying issues such as poor management, lack of opportunities, excessive stress, or an unsatisfying work environment. In Australia, the average employee turnover rate is 15% according to the Australian Bureau of Statistics. Gallup reports that **burned-out employees are 63% more likely to take a sick day and 23% more likely to visit the emergency room**. High turnover rates are costly for organisations in recruiting and training new employees. Burnout, characterised by exhaustion, cynicism, and decreased efficacy, leads to physical and mental health problems, decreased productivity, and increased absenteeism. Organisations can conduct regular pulse surveys and provide anonymous reporting channels to identify and address the root causes of high turnover and burnout. ## Red flag 5: Gossip and rumours Gossip and rumours are signs of a toxic workplace culture. When employees engage in spreading misinformation, negativity, or speculation, it erodes trust, decreases morale, and damages relationships. Gossip creates an atmosphere of discomfort and mistrust, where employees feel unable to communicate or collaborate effectively. To combat office gossip and rumours, organisations must address these behaviours and promote a positive, respectful work culture. This involves setting clear expectations for professional conduct, providing training on effective communication and conflict resolution, and modelling appropriate behaviour at all levels. Anonymous reporting systems, like those provided by Elker, provide employees with a safe, confidential channel to raise concerns or report misconduct. Fostering a culture of open, honest communication and addressing negative behaviours proactively creates more positive, productive work environments. ## Red flag 6: Lack of diversity, equity, and inclusion A lack of diversity, equity, and inclusion (DEI) is a significant red flag of a toxic workplace. When an organisation exhibits discriminatory practices, unequal opportunities, or a lack of representation, it creates an environment where certain groups feel undervalued and marginalised. The Australian Human Rights Commission reports that 25% of Australian workers have experienced racial discrimination at work. McKinsey found that **companies with diverse workforces are 35% more likely to outperform their less diverse peers**. A lack of DEI contributes to toxic work environments. Employees who feel excluded or discriminated against experience decreased job satisfaction, engagement, and motivation. This leads to higher turnover rates, reduced productivity, and a negative impact on overall company culture. A homogeneous workforce limits the range of perspectives, ideas, and innovations that a diverse team can bring. Organisations must actively promote DEI in hiring practices, employee development, and day-to-day operations. This involves setting diversity goals, providing unconscious bias training, and regularly reviewing policies and procedures for fairness and inclusivity. Implementing anonymous reporting and case management systems, like those offered by Elker, helps prevent discriminatory practices and promote inclusion by providing employees with a safe, confidential channel to raise concerns or report misconduct. ## Red flag 7: Inadequate reporting and whistleblower protection When employees fear [retaliation for speaking up](/articles/speak-up-culture), lack trust in their organisation's reporting processes, or believe their concerns will not be adequately investigated, it creates a culture of silence and enables misconduct to go unchecked. According to the Ethics & Compliance Initiative, **62% of employees believe their organisation does not have an effective system for reporting misconduct.** At the same time, the Australian Securities and Investments Commission found that **30% of whistleblowers experience retaliation after reporting misconduct**. When employees feel unable to report misconduct or raise concerns safely, it leads to a toxic environment where problems fester and escalate. This results in decreased trust, reduced employee engagement, workplace dysfunction, and a higher likelihood of legal and reputational risks for the organisation. Implementing a robust reporting system and [strong whistleblower protections](/articles/what-is-whistleblowing) promotes a culture of transparency, accountability, and [psychological safety](/articles/psychologically-safe-workplace). Elker's reporting and case management platform offers features to address these challenges. With end-to-end encryption, anonymous reporting options, and third-party legal assistance, Elker provides employees with a secure, confidential way to report misconduct or raise concerns. Investing in effective reporting and whistleblower protection measures fosters a speak-up culture, identifies and addresses problems early, and creates a more positive, ethical, and compliant workplace. ![Signs of a toxic workplace: strategies to foster a healthy environment infographic](https://media.elker.com/2890c091-fe39-4439-9a03-ce473dfaacd0/signs_toxic_workplace_2.png?width=992) ## Strategies to combat toxic work environments As employers, it's our ethical and legal duty to create a safe work environment free of psychosocial hazards. [Creating a mentally healthy workplace](/articles/mentally-healthy-workplace) also makes good business sense as it increases productivity, and reduces absenteeism and turnover costs. Combating a toxic work environment requires a proactive and multifaceted approach. Organisations must be committed to fostering a culture of respect, inclusivity, and accountability at all levels. Here are some strategies that organisations can adopt to combat a toxic work environment and promote a positive, productive, and inclusive workplace culture: ### Communicate company policies clearly Clearly communicating company policies and applying them consistently is essential. Organisations should ensure that all employees understand the policies and expectations and that they are regularly reviewed and updated. This can be achieved through regular training sessions, workshops, and awareness programs. By integrating company policies into Elker's reporting pathways, organisations can make it easy for employees to report policy violations and for managers to address them in a timely, consistent manner. ### Conduct regular employee pulse surveys Conducting regular employee pulse surveys is another important strategy for combating a toxic work environment. These surveys can help gauge employee sentiment, measure engagement and morale, and identify areas for improvement in the workplace culture. By actively [seeking feedback](/articles/anonymous-employee-feedback) and acting on the results of these surveys, organisations can demonstrate their commitment to creating a positive, responsive workplace. Elker's pulse survey feature allows organisations to easily and [regularly audit their company's culture](/articles/culture-audit-guide) and gain insights into employee engagement and safety concerns. ### Address toxic behaviours early on Addressing toxic behaviours early on is crucial for preventing them from becoming entrenched in the workplace culture. Organisations should encourage employees to report toxic behaviours early on, before they escalate, and provide training to managers on how to identify and address these behaviours effectively. Elker's real-time analytics can help organisations identify trends and areas for early intervention, allowing them to address potential problems before they escalate. ### Foster a culture of psychological safety Fostering a culture of psychological safety is essential for combating a toxic workplace. When employees feel safe to speak up, ask questions, and challenge the status quo, they are more likely to engage in open, honest communication and collaborate effectively. Organisations should encourage this type of communication at all levels and provide training to managers on [how to create a psychologically safe work environment](/articles/psychosocial-hazards-at-work). Elker's anonymous reporting feature can help create a safe space for employees to raise concerns without fear of retaliation. ### Promote a healthy work-life balance Promoting a healthy work-life balance is another key strategy for combating a toxic work environment. Organisations should encourage employees to take breaks, use their vacation time, and disconnect from work outside of business hours. Providing flexible work arrangements, such as remote work or flexible schedules, can also help employees better manage their personal and professional responsibilities. Elker's pulse surveys can help organisations gauge employee perceptions of work-life balance and identify areas for improvement. ### Prioritise employee growth and development Prioritising employee growth and development is another important strategy for combating a toxic work environment. When employees feel that their organisation is invested in their professional growth and success, they are more likely to be engaged, motivated, and committed to their company's work culture. Organisations should provide opportunities for employees to learn new skills, take on new challenges, and advance their careers. Elker's pulse surveys can help organisations identify employee development needs and preferences, allowing them to tailor their offerings to the unique needs of their workforce. ### Implement anonymous reporting and case management Implementing an anonymous reporting and case management system is a critical strategy for combating a toxic work environment. By providing a safe, confidential way for employees to report misconduct and raise concerns, organisations can foster a speak-up culture and ensure that important issues are addressed in a timely, effective manner. Elker's anonymous reporting feature provides a safe, secure way for employees to report misconduct, while its customisable case management feature allows organisations to tailor their processes to their specific needs and workflows. ### Promote bystander awareness Promoting bystander awareness is another important strategy for combating a toxic work environment. Organisations should encourage employees to speak up when they witness toxic behaviors or misconduct and provide training on how to be an effective bystander and intervene safely. Elker's pulse surveys can help organisations gauge employee awareness and willingness to intervene as bystanders, while its customisable reporting pathways make it easy for employees to report witnessed misconduct. ### Regular check-ins Conducting regular check-ins with employees is another important strategy for combating a toxic work environment. These check-ins provide an opportunity for managers to connect with their team members, discuss progress and challenges, and identify any concerns or issues that may be contributing to a negative workplace culture. Elker's case management feature can be a valuable tool for tracking and documenting these check-ins, ensuring that any concerns or action items are properly addressed and followed up on. ### Hybrid working options Offering hybrid working options, such as a combination of in-office and remote work, can be another effective strategy for combating toxic or hostile work environments and environment. Hybrid work arrangements provide employees with greater flexibility and autonomy, allowing them to better manage their work-life balance and reduce stress and burnout. Elker's pulse surveys can be a valuable tool for gauging employee preferences and experiences with hybrid work arrangements, allowing organisations to continuously improve and refine their approach. ![Signs of a toxic workplace: How Elker can help transform your workplace through anonymous reporting](https://media.elker.com/b8fde23c-4508-4147-a91f-87b93718fccd/signs_toxic_workplace_3.png?width=992) ## Find out how Elker can transform your company culture Creating a positive and inclusive workplace culture requires effort, commitment, and the right tools. At Elker, we believe that a fostering positive workplace culture is not only the right thing to do, but it's also good for business.  Elker is designed to help organisations create a safe, supportive, and inclusive work environment where employees can thrive. With anonymous reporting tools, pulse surveys and efficient case management, Elker allows for the early detection and proactive response to address workplace issues. Want to learn more about how Elker can transform your company culture? [Book a demo of the platform](/book-demo) today. ### Key takeaways - Red flags cluster. No single sign is definitive, but a combination of five or more across several months is almost always a sign of systemic problems rather than isolated bad behaviour. - The Australian Human Rights Commission reports that 25% of Australian workers have experienced racial discrimination at work. Discrimination, lack of DEI, and favouritism frequently travel together, and affect employee engagement, retention, and legal exposure simultaneously. - Burnout has measurable operational costs. Gallup found burned-out employees are 63% more likely to take a sick day and 23% more likely to visit an emergency room, and high turnover is costly in both recruitment and lost institutional knowledge. - Reporting channels that feel unsafe are not channels. Only 63% of employees who observe misconduct actually report it, according to the Ethics and Compliance Initiative, and 30% of whistleblowers experience retaliation, according to ASIC. - Pulse surveys, [culture audits](/articles/culture-audit-guide), and anonymous reporting together triangulate a more accurate picture of workplace culture than any single data source, and they catch issues that rarely surface through formal channels. ## Frequently asked questions A toxic work environment is characterised by negative behaviours, poor communication, and a culture of fear that harms employee morale and wellbeing. Common signs include office gossip, blame-heavy attitudes, role confusion, a lack of work-life balance, and disengaged employees. Toxic behaviours such as bullying, sexual harassment, and discrimination contribute to a hostile work environment where employees may experience physical symptoms like sleep problems and body aches from sustained work stress. Toxic workplaces tend to prioritise short-term performance over the long-term wellbeing of their people, which usually ends in high turnover and reputational damage. The seven red flags are: poor communication and lack of transparency; unfair treatment and favouritism; lack of accountability and blame-shifting; high turnover rates and burnout; gossip and rumours; lack of diversity, equity and inclusion; and inadequate reporting or whistleblower protection. Each can exist independently, but a toxic workplace usually shows several simultaneously. Organisations that recognise the pattern early have a much better chance of intervening before the culture becomes entrenched. Triangulate several data sources rather than relying on one. Pulse surveys measure employee sentiment, anonymous reporting channels surface specific concerns, turnover and absenteeism metrics reveal trends, and exit interviews capture the reasons people leave. A [culture audit](/articles/culture-audit-guide) can identify red flags that managers rarely see from inside the system. Patterns that appear across two or more data sources are more reliable than any single score. Job seekers can look for warning signs during the interview process and through independent research. Pay attention to how the interviewer speaks about company culture, co-workers, and work-life balance. Ask about employee turnover rates, opportunities for growth and development, and how the company handles conflicts or mistakes. Outside the interview, check employee review sites like Glassdoor or Indeed for recurring complaints about toxic behaviours, poor management, or high stress. Reaching out to people in your network who have worked at the company can surface honest experiences that reviews sometimes miss. It can be. There is no standalone legal definition of a toxic workplace, but sustained toxic behaviour frequently triggers obligations or claims under the Fair Work Act 2009 (anti-bullying), the Sex Discrimination Act 1984 (positive duty to eliminate sexual harassment and sex-based discrimination), state WHS legislation covering psychosocial hazard duties, and the general [protection from victimisation](/articles/what-is-unlawful-victimisation-in-the-workplace) frameworks. Sustained toxic culture has also produced significant personal injury claims for psychological harm. Document incidents with specific dates, times, and witnesses. Raise concerns through internal channels first where it is safe to do so, using an anonymous reporting option if available. If internal channels fail, external options include the Fair Work Commission for bullying or general protections, the Australian Human Rights Commission for discrimination, and state WHS regulators for psychosocial hazards. If you have tried internal avenues without success or the toxic culture permeates the entire organisation, it may be time to plan an exit. Sustained exposure to toxic workplaces has documented health impacts, so seeking support through an employee assistance program, GP, or mental health services matters. Fixing a toxic workplace is a multi-step exercise: clear and consistently enforced policies, visible leadership accountability, regular pulse surveys, early intervention on [bullying](/articles/understanding-and-preventing-workplace-bullying) and favouritism, a trusted reporting channel (preferably anonymous), and meaningful action on the issues that surface. Policy change alone rarely works. What consistently works is the combination of measurement, a real feedback loop, and visible consequences for the behaviours that drove the toxicity in the first place. ### Sources 1. Australian Human Rights Commission, National Prevalence Survey of Workplace Sexual Harassment and related discrimination research 2. Gallup, State of the Global Workplace and employee engagement research 3. Ethics and Compliance Initiative, Global Business Ethics Survey 4. Australian Securities and Investments Commission, whistleblower protections guidance 5. Safe Work Australia, Model Code of Practice: Managing psychosocial hazards at work 6. For NZ variant: WorkSafe NZ, Work-related mental health and Preventing and responding to bullying at work guidance; Health and Safety at Work Act 2015 _This article is general information only, not legal advice. Laws change and individual circumstances differ. For advice on your specific circumstances, consult a qualified legal practitioner. See our [Terms of Use](/policies/terms) for the full disclaimer._ ## You might also like --- url: https://elker.com/articles/speak-up-culture title: "Speak-Up Culture: Strategies for Cultural Change" description: "What is a speak-up culture, and how does technology help overcome reporting barriers and create proactive change?" locale: en-AU generated: 2026-07-01T14:05:41.388Z --- Mar 11, 2024 # Speak-Up Culture: Lasting Strategies for Cultural Change [Reporting](/blog/reporting)[Cultural change](/blog/cultural-change) In the modern workplace, fostering a space where employees feel safe to speak up about issues is essential. This article dives into the benefits of a speak-up culture and how technology, especially anonymous reporting software, can help overcome reporting barriers, harness data for proactive change, and ensure compliance with Australia's legal requirements. ![Speak-up culture: lasting strategies for change in the workplace infographic](https://media.elker.com/749fb2ae-9703-4d25-baf4-804e88abf471/speak_up_culture.png?width=992) ByElker Editorial TeamReviewed byJack MurrayUpdated22 April 2026 **TL;DR** - A speak-up culture is a workplace environment where employees are empowered to share ideas, disagreements, and concerns safely, and where leaders listen and act on what they hear. Psychological safety is embedded in it by default. - The article uses ANZ's transformation under CEO Shayne Elliott as the lead case study: from the Royal Commission and allegations of silencing women, through to topping the Financial Review's Best Places to Work awards in 2021 and 2022. - The most common barriers to speaking up are fear of retaliation, lack of transparency and accountability, perception of incompetence, unclear policies, trivialisation of concerns, and the belief that raising issues means extra workload. AHRC data shows these fears are often justified: 13% of those who reported sexual harassment were ostracised or ignored, and 12% were labelled troublemakers. - Benefits of a speak-up culture include improved job satisfaction, increased innovation, talent attraction and retention, fewer fines and lawsuits (a 10% rise in whistleblower reports correlates with significant reductions in government fines and settlement amounts), and earlier detection of risks. - Practical strategies: clear policies, zero tolerance towards victimisation, anonymous reporting, efficient case management, person-centred and trauma-informed responses, training, rewarding courage, and measuring success through reporting and survey data. ## What is a Speak-Up Culture? A speak-up culture is an environment where employees are empowered to share ideas and concerns in a safe way. It's a culture that values every voice, where disagreements and mistakes are seen as opportunities for growth rather than reasons for punishment. With a healthy speak-up culture, psychological safety is a given; every team member feels it's in their best interest to contribute to the dialogue. It's where employees are confident that their input will drive positive change and where leaders truly listen and act on insights. Organisations that produce such a culture stand out in their ability to navigate challenges, capitalise on opportunities, and outperform their competition. ### Transforming workplace culture In the wake of the Royal Commission into misconduct in the banking sector and allegations that ANZ Bank had [silenced women](https://www.smh.com.au/business/banking-and-finance/anz-s-disgraceful-grilling-of-female-employee-over-rape-20180720-p4zsn6.html) who reported sexual harassment, Shayne Elliott stepped in as CEO to spearhead a transformative culture shift. Committed to rebuilding ANZ's workplace culture from the ground up, Elliott's leadership marked a new chapter for the organisation. In his words: “The real impact you have is around you is the culture you develop, because culture is quite difficult to change, it is quite difficult to unwind.”[\[1\]](https://bluenotes.anz.com/posts/2017/04/on-the-couch-culture-growth-and-purpose-with-shayne-elliott) “For both age and sex-based discrimination in the workplace, one of the key ways to stop a behaviour in its tracks is to foster a strong speak-up culture – something we are proud to have at ANZ.” [\[2\]](https://news.anz.com/posts/2022/03/anz-ceo-shayne-elliott-workplace-jenkins-patterson-discrimination) From a period marred by scandal to the top of the Financial Review's Best Places to Work awards in 2021 and 2022, the success of ANZ's transformation has been encouraging for many Australian organisations demanding a positive change in their workplace culture. Since a 2018 [human rights survey](https://humanrights.gov.au/resource-hub/by-resource-type/publications/everyones-business-fourth-national-survey-sexual) uncovered the prevalence of sexual harassment in the workplace, we've seen a number of high-profile cases in the news, a [National Inquiry](https://humanrights.gov.au/our-work/sex-discrimination/projects/national-inquiry-sexual-harassment-australian-workplaces) and a series of legislative changes come into effect. The [Respect at Work Bill](/articles/what-the-respect-at-work-bill-means-for-your-business) is one of the latest workplace reforms that reflect the right of all Australians to a safe workplace. Organisations now have a duty to eliminate sexual harassment and sex-based discrimination. In order to drive proactive change, a speak-up culture is no longer an option but a necessity in many workplaces. Organisations are increasingly turning toward strategies of transparency and accountability, driven by internal demand, internal activism and government policies, to foster an ethical work environment. ### Building psychological safety Workplace errors can be critical and costly. A safety oversight on a building site or an investment miscalculation can cause major financial and reputational damage. Likewise, a culture of harassment and [discrimination](/articles/employment-discrimination-law) that goes unnoticed can mean a loss of talent and innovation. When leading teams towards excellence, it's good to encourage accountability in individual successes. However, it's also important to provide a supportive space for employees to report mistakes and misconduct without fear. **Many organisations call this a "positive error culture"—an acceptance that errors are normal and can be resolved openly, reflected upon, and used as a chance to learn.** When people believe it's not in their best interest to speak up, teams have fewer opportunities to grow. But what are the typical barriers stopping people from speaking up? Some of these reasons include: - **Fear of retaliation:** Concerns about being punished or victimised for reporting errors or misconduct. - **Lack of transparency and accountability:** Doubts that reporting an issue will lead to meaningful action or change. - **Perception of incompetence:** Worry that admitting a lack of knowledge or asking questions will be viewed as ignorance or incompetence. - **Lack of awareness or communication:** Uncertainty in workplace policies and procedures. - **Trivialisation of concerns:** The belief that the issue isn't severe enough and that speaking up might be seen as overreacting. - **Additional workload concerns:** The belief that voicing a concern will result in extra duties or team tensions – it's "easier to keep quiet". Unfortunately, for many employees anxious to make a disclosure, their reasons are justified. In the [Time for Respect National Survey](https://humanrights.gov.au/sites/default/files/document/publication/AHRC_WORKPLACE_SH_2018.pdf), the Australian Human Rights Commission found that employees who reported workplace sexual harassment often experienced negative consequences, including being ostracised, victimised or ignored by colleagues (13%) or being labelled a troublemaker (12%). The major hurdles are preventing retaliation from those who speak out against misconduct and establishing greater trust between our colleagues. ## The benefits of a speak-up culture There are plenty of sound reasons to cultivate a speak-up culture and mitigate risks across your business. ### Improved job satisfaction and employee wellbeing When employees feel listened to, and their feedback is acted upon, it can encourage a sense of ownership and pride in their work. Not only is this a powerful motivator, but it also fosters an engaged workforce more deeply invested in the company's success. Such investment often translates into a stronger alignment with company goals and values, alongside a readiness to contribute above and beyond the call of duty. ### Increased innovation Encouraging team members to voice their ideas and concerns cultivates an innovative and collaborative atmosphere. Employees who feel confident among their peers and feel their contributions are appreciated are more likely to offer fresh solutions, share insights, or suggest creative product developments. This proactive involvement can lead to remarkable strides in company performance and a thriving workplace culture. ### Attract and retain quality employees In a competitive job market, prospective employees frequently turn to employer review websites, such as Glassdoor, to [scrutinise the reputation](https://www.glassdoor.com/blog/whos-the-lowest-of-them-all-glassdoor-reports-companies-with-lowest-ratings/) of potential employers. People are drawn toward companies that are reputed for their supportive culture and emphasis on employee well-being. Such environments are not only attractive but also ensure that once employees are onboard, they remain at the company. The financial importance of employee retention is often overlooked. Turnover is costly, and comparatively, a stable, experienced workforce drives a company forward. ### Fewer fines and lawsuits A speak-up culture can significantly reduce an organisation’s legal risks. A recent study on the [efficacy of whistleblowing systems](https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3273589) showed that a 10% increase in whistleblower reports is associated with a significant decrease in government fines and legal settlement amounts. By increasing the number of issues uncovered, companies can avoid the negative consequences of litigation, protecting their reputation and bottom line. This proactive approach allows for the resolution of conflicts and misunderstandings in their infancy, sparing the organisation financial penalties and regulatory fines. Moreover, companies demonstrate their commitment to ethical practices and corporate responsibility, which enhances their image in the eyes of the public, customers and investors. ### Identify threats before they escalate An environment that encourages reporting can help catch small problems before they become significant threats, ensuring a safer and more secure workplace for all. By fostering a proactive approach to identifying and addressing risks, employees become the first line of defence against potential threats. This not only applies to the physical and psychological safety of employees but also to the integrity of data and the protection of company assets. Encouraging a vigilant and responsive workforce can be the key to preventing major incidents that might otherwise go unnoticed. ## Strategies for fostering a healthy speak-up culture ### Clear policies Transparent, well-documented, and consistently enforced company policies underpin trust and understanding within an ethical organization. The same rules apply to management as much as employees. Everyone should be aware of: - how to report issues, and what tools are available to report anonymously. - the types of behaviour that constitute serious misconduct and the consequences of such behaviour. - the company policy towards retaliation. - the responsibilities of a bystander in reporting incidents of misconduct. ### Zero tolerance towards victimisation Ensuring zero tolerance towards victimisation is essential to protect employees from the consequences of raising concerns and making reports of misconduct. Organisations must communicate their non-retaliation policies clearly and consistently. ### Anonymous reporting and employee feedback Confidential reporting channels are indispensable for employees who might hesitate to voice their concerns for fear of retaliation. By providing secure platforms for reporting issues, organisations can ensure that employees feel safe reporting concerns without disclosing their identity or position. Even with a culture of openness and consistent enforcement of company policies, there are sensitive issues that employees may still be reluctant to report. Modern workplace reporting tools offer a wealth of features that help employees feel comfortable speaking up about misconduct, such as: - The ability to report anonymously as a group or individual. - Providing documentation and evidence without disclosing their identity. - Choosing a secure reporting pathway (who they report to and who sees the report). - Tracking the case status and outcome. - Providing follow-up evaluation of the outcome and reporting procedure. ### Efficient case management When employees are assured that their reports will trigger meaningful action, they’re more inclined to engage in raising concerns. Efficient case management, with dedicated human resources and transparent processes, reassures employees that their concerns are taken seriously and handled appropriately. ### Person-centred and trauma-informed care Supporting employees’ emotional well-being is fundamental in a speak-up culture. Providing person-centred and trauma-informed care, along with employee assistance programs, can significantly improve employees' feelings towards sharing sensitive information and making reports. ### Training Training is fundamental to a robust speak-up culture. Organisations can ensure that issues are addressed with care and professionalism by educating employees on the reporting systems and training case managers to handle issues effectively. ### Rewarding courage Recognising and rewarding employees who exhibit the courage to speak up about inappropriate behaviour sets a positive example and helps to encourage employees to do the same. Public recognition and peer-to-peer acknowledgment can create a cycle of engagement that reinforces the value of speaking up. ### Learn from data - measuring success Data is critical in gauging the success of a speak-up culture. By [analysing reports and feedback](/articles/anonymous-employee-feedback), including insights from culture surveys, organisations can identify trends and areas for improvement, establishing a positive feedback loop that enables continuous refinement of policies and practices. This analysis helps in understanding the extent to which employees feel comfortable and secure in reporting issues and the effectiveness of the response mechanisms in place. It also provides valuable insights into the overall health of the organisational culture and employee morale. By regularly monitoring this data, leaders can make informed decisions to foster a more open and communicative workplace environment. ## How Elker can help A speak-up culture is not just a beneficial goal but a necessary strategy to eliminate sexual harassment and misconduct in the workplace. Implementing the strategies discussed here can lead to the cultivation of an environment that values and draws strength from the varied perspectives of its workforce. The path to developing a speak-up culture is continuous and demands commitment; however, the outcomes—increased trust, innovation, and organisational performance—are significant and impactful. Elker contributes to the establishment of a strong speak-up culture by providing a secure and encrypted anonymous reporting platform. This platform enables employees to express their concerns with confidence, knowing their identity remains protected. The platform's user-friendly nature, combined with its capacity to integrate with professional legal services, renders it an essential tool for companies dedicated to upholding ethical standards and adhering to regulatory requirements. Book a demonstration of the platform and discover how Elker can support your organisation's ongoing commitment to change. ### Key takeaways - Speak-up culture is shaped by everyday manager behaviour and visible leadership response to disclosures, not by policy documents sitting in a drawer. - Under the Respect at Work reforms, organisations have a positive duty to eliminate sexual harassment and sex-based discrimination, a speak-up culture is part of how that duty is met. - Fear of retaliation is the single biggest barrier to speaking up, and AHRC survey data shows that fear is often justified. Zero tolerance towards victimisation has to be enforced, not just stated. - Anonymous reporting channels complement rather than replace named channels. Mature programmes offer both, with features that let workers stay anonymous, track their case, and provide follow-up feedback. - Rewarding courage is a under-used lever. Public recognition and peer acknowledgment of people who raise uncomfortable issues reinforces the behaviour organisation-wide. ## Frequently asked questions A speak-up culture is an environment where employees feel empowered and expected to share ideas, disagreements, and concerns safely, and where leaders actually listen and act on the feedback. It has [psychological safety](/articles/psychologically-safe-workplace) embedded by default, and every team member feels it is in their interest to contribute to the dialogue. Organisations with a healthy speak-up culture tend to be better at navigating challenges, capitalising on opportunities, and outperforming competitors because more information surfaces earlier. In a workplace context, to speak up means to voice concerns, report misconduct, share ideas, or give honest feedback openly and without fear of retaliation. Examples include flagging a safety hazard to a site supervisor, reporting suspected sexual harassment through an anonymous channel, challenging an unethical instruction from a manager, or raising a dissenting view in a strategy meeting. The common thread is that employees surface information that leaders need to hear, even when it is uncomfortable, and trust that doing so will not expose them to punishment. The article identifies six common barriers: fear of retaliation, lack of transparency and accountability, perception of incompetence, unclear workplace policies, trivialisation of concerns, and the belief that raising issues will mean extra workload. AHRC research shows the fears are often justified, with 13% of those who reported sexual harassment being ostracised or ignored, and 12% labelled troublemakers. Removing these barriers requires more than a policy; it requires visible leadership response to disclosures. Training equips employees with the skills and knowledge to recognise and report issues, and equips case managers and people leaders to handle reports effectively and sensitively. Without training, reporting systems go unused because employees do not know what they look like, how they work, or what will happen after a report is made. Training case managers to respond in a person-centred and trauma-informed way also reduces the risk of re-traumatising reporters, which in turn preserves trust in the system over time. A study cited in the article found that a 10% increase in whistleblower reports is associated with a significant decrease in government fines and legal settlement amounts. Earlier detection of fraud, misconduct, and safety issues means problems get resolved before they escalate into litigation, reputational damage, or regulatory action. The [advantages of whistleblowing](/articles/advantages-of-whistleblowing-in-the-workplace) extend well beyond compliance, supporting retention, brand reputation, and investor confidence. Even in an open culture, some issues are too sensitive or high-stakes for named disclosure. [Anonymous reporting](/articles/anonymous-reporting-advantages-disadvantages) lets employees submit documentation and evidence, choose a secure reporting pathway, track case status and outcomes, and provide follow-up evaluation, all without disclosing their identity. The result is more disclosures, earlier detection, and better data for identifying patterns across the organisation. A whistleblowing system is mandatory for all public companies, large proprietary companies, and registrable superannuation entities to comply with the [Corporations Act 2001](/articles/corporations-act-whistleblower-protections). Companies must implement an effective whistleblowing policy that protects the identity of disclosers, establish secure reporting mechanisms, and allow anonymous reporting. The Respect at Work reforms add a parallel positive duty to eliminate sexual harassment and sex-based discrimination, which reinforces the business case for an active speak-up programme. ### Sources 1. Australian Human Rights Commission, Time for Respect National Survey on workplace sexual harassment 2. Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry, Final Report 3. Stubben, S. and Welch, K. (SSRN 3273589), research on the efficacy of whistleblowing systems and government fines 4. Australian Human Rights Commission, National Inquiry into Sexual Harassment in Australian Workplaces (Respect@Work) 5. Corporations Act 2001, Part 9.4AAA whistleblower protections 6. Anti-Discrimination and Human Rights Legislation Amendment (Respect at Work) Act 2022 _This article is general information only, not legal advice. Laws change and individual circumstances differ. For advice on your specific circumstances, consult a qualified legal practitioner. See our [Terms of Use](/policies/terms) for the full disclaimer._ ## You might also like --- url: https://elker.com/articles/understanding-and-preventing-workplace-bullying title: "Understanding and Preventing Workplace Bullying 🧑‍🔧" description: "Workplace bullying is a concern across all industries. Learn about its causes and effects and the importance of a proactive strategy for prevention." locale: en-AU generated: 2026-07-01T14:05:41.437Z --- Aug 30, 2023 # Understanding and Preventing Workplace Bullying [Cultural change](/blog/cultural-change) Workplace bullying remains a significant occupational health concern issue across all industries. Whether overt aggressive confrontations or more covert acts like exclusion, bullying wears many masks. Its negative impact is far-reaching. ![understanding and preventing bullying at working using anonymous reporting](https://media.elker.com/252d17ed-1ca8-4f5a-9068-5a8df0d0052f/preventing-bullying-work.jpeg?width=992) ByElker Editorial TeamReviewed byJack MurrayUpdated22 April 2026 **TL;DR** - Workplace bullying is repeated, unreasonable behaviour directed towards a worker or group of workers that creates a risk to health and safety. The definition is set in section 789FD of the Fair Work Act 2009 (Cth), inserted by the Fair Work Amendment Act 2013. The test requires conduct to be repeated, unreasonable, and to create a health and safety risk. - Bullying takes overt forms (verbal abuse, physical intimidation, offensive communication, unfair allocation of work) and subtler ones (exclusion, gossip, withholding information, cyberbullying, mind games, unjustified criticism). Both are captured by the same legal definition. - Reasonable management action carried out in a reasonable manner is expressly excluded. Performance management, constructive feedback, transfers for operational reasons, and disciplinary action are not bullying, provided they are reasonable and reasonably conducted. - Mobbing is a particular form of bullying where a group coordinates to isolate, humiliate, or push out an individual. It is often enabled by a tolerant workplace culture and is harder to investigate because group dynamics provide plausible deniability. - The Fair Work Commission can issue stop-bullying orders under Part 6-4B of the Fair Work Act. Affected workers may also pursue general protections claims, workers' compensation, or personal injury actions, and employers have duties under state WHS legislation and, in New Zealand, the Health and Safety at Work Act 2015. ## **What constitutes workplace bullying**  Workplace bullying is defined as repeated, unreasonable behaviour directed towards one or more workers. It may be characterised by verbal, physical, or psychological abuse that undermines the employee's performance, safety and mental health. [Bullying can happen online in remote or work-from-home contexts](/articles/combating-virtual-harassment-in-remote-work), or the physical workplace. ### **Overt bullying behaviours** - Verbal abuse, such as being sworn at, threatened, or insulted. - Physical acts, like pushing or shoving. - Intimidating or hostile behaviour towards a staff member. - Abusive communication or sending offensive material. - Threatening body language. - Unfair allocation of tasks, like repeatedly requiring an individual to work beyond regular hours. - Repeatedly offloading work onto a colleague. - Deliberately inconvenience a particular employee by changing the work roster. - Inappropriate interference with personal belongings or work equipment. ### **Subtler forms of bullying in the workplace** - Unjustified criticism or complaints. - Gossip, belittling, and spreading malicious rumours. - Excluding someone from work-related events, activities or conversations. - Withholding critical job-related information to hamper someone's performance. - Unreasonably isolating an employee from peers or team interactions. - Cyberbullying, including using digital platforms to harass, threaten, or demean an individual. - Mind games and practical jokes In a [2016 study by Safe Work Australia](https://www.safeworkaustralia.gov.au/sites/default/files/2021-06/D21%209238%20Psychosocial_health_and_safety_and_bullying_in_australian_workplaces_6th_edition.pdf), over a third of workers have experienced some form of work-related violence or bullying at work at some point in their careers. ## **What isn't workplace bullying?** It's important to distinguish between bullying and legitimate management actions. Reasonable management actions carried out appropriately are not deemed as bullying. For instance: - Giving constructive feedback reasonably toward an employee's work performance. - Setting performance goals and deadlines. - Transferring a worker for operational reasons. - Not promoting the person due to poor performance. - Instituting organisational changes after proper consultation. - Appropriate disciplinary action or reprimanding inappropriate behaviour constructively. - Terminating employment when justified. ## **Causes of bullying at work** Bullying in the workplace is rarely an isolated issue. It frequently stems from broader systemic factors that cultivate a setting where such behaviour can thrive. Various [psychosocial hazards](/articles/psychosocial-hazards-at-work) and other factors can create an environment conducive to bullying, such as: - Impossible jobs and demands. - Power imbalance, where individuals in higher positions misuse their authority. - Unclear job roles or a lack of control over one's tasks. - A workplace culture that tolerates unreasonable behaviours. - Leadership that's either too controlling or completely absent. - Work schedules that are poorly structured or have unrealistic performance expectations. - A sense of isolation or minimal team support. - Small businesses may not have a dedicated health and safety representative or the resources to deal with bullying reasonably. It's worth noting that some demographics, such as young workers, casual employees, or individuals from minority groups, might find themselves more vulnerable to bullying. Their unique position within the workplace dynamics can sometimes make them an easier target. ## **A legal and ethical perspective** From a legal standpoint, workplace bullying poses significant health and safety risks. The Fair Work Amendment Act 2013 (Cth) clearly defines bullying in section 789FD, highlighting the seriousness with which the law views such behaviours.  Essentially, any actions that would make a reasonable person feel intimidated, victimised, humiliated, or threatened can be deemed bullying behaviours. But the responsibility doesn't just lie with the individual perpetrator. Under common law and various federal and state work health and safety legislation, employers have a significant duty to ensure their work environment is devoid of bullying and harassment. Falling short in this duty isn't just an ethical misstep; it's a breach of established legal standards.  **Recent amendments to the Sex Discrimination Act 1984 specifically target bullying,** [**discrimination**](/articles/discrimination-in-the-workplace) **and harassment on the grounds of sex. The employer must** [**eliminate all forms of sex discrimination**](/articles/employment-discrimination-law) **and** [**sexual harassment in the workplace**](/articles/5-risk-factors-for-sexual-harassment-in-the-workplace)**. The Australian Human Rights Commission recently** [**published 7 standards for complying**](/articles/7-standards-positive-duty-sex-discrimination-act) **with these new laws.** ## **The impact of bullying at work** Bullying's effects are more profound than just emotional distress. Those on the receiving end often grapple with psychological and physical health problems, such as: - mental health challenges that include anxiety, panic attacks, depression, lowered self-esteem, and, in some cases, post-traumatic stress disorder. - health effects, ranging from muscular tension to issues with digestion. - a decline in work performance, coupled with increased absenteeism and sick leave. - tense relationships with colleagues, fostering a [toxic work environment](/articles/signs-of-a-toxic-workplace). - in extreme situations, the trauma might push individuals towards self-harm or even suicidal thoughts. ## **What is workplace mobbing?** Mobbing is a form of workplace bullying where a group systematically targets an individual. It's not just a few isolated incidents; it's a coordinated effort to isolate, humiliate, and aggression against a chosen co-worker. While traditional workplace bullying might be the act of one person, mobbing is a collective endeavour, often driven by a dominant "in-group" of co-workers to force conformity or push the individual out. ## **How is mobbing different from typical workplace bullying?**  While workplace bullying typically sees a powerful individual targeting someone in a weaker position, mobbing is more about the collective and the culture. The group dynamics in mobbing offer participants a shield of plausible deniability, making it challenging to pinpoint blame or identify the main culprits. Often, the organisation's culture, either passively or actively, supports this mobbing, with goals like forcing the individual out. ### **Mobbing techniques**  Mobbing has its tactics, ranging from the subtle to the obvious: - Persistent criticism eroding the confidence of the targeted individual. - Baseless blame, accusing without any solid evidence. - Spreading falsehoods or malicious gossip. - Discrimination [based on race, gender, religion, or other factors](/articles/protected-attributes). - Continuous harassment creating a hostile environment. - Consistent ignorance making the individual feel overlooked. - Deliberate isolation from group activities or essential communications. - Introducing unnecessary obstacles, setting the individual up for failure. ### **Causes and risks**  The roots of mobbing are often multifaceted and can stem from: - Conformity: A group's need for uniformity in thought and action. - Low psychological safety: A lack of open communication or an environment where voicing concerns is discouraged. - Intense workloads and tight deadlines amplifying stress. - Competitive performance metrics can create internal rivalries, especially when tied to group goals. - Threat from a high-performing co-worker, especially if they differ in race, gender, or other attributes. - Ambiguous bullying policy providing a grey area where mobbing can flourish. ## **How to respond to workplace bullying** ### **Legal obligations for the employer** The [Fair Work Act](https://www.fairwork.gov.au/employment-conditions/bullying-sexual-harassment-and-discrimination-at-work/bullying-in-the-workplace) has provisions specifically designed to combat workplace bullying. This legislation encompasses many workers, from permanent employees to contractors, apprentices, interns, and volunteers. While the employer has the authority to make performance-based decisions and take disciplinary actions, these decisions must be executed reasonably and with a consistent approach. Ignoring or violating these regulations can result in severe legal repercussions, including penalties and fines. ### **Responsibilities of employees** **Reporting:** Those who witness workplace bullying must report the incidents. Timely reporting addresses the issue and upholds a [safe, respectful work environment](/articles/respect-in-the-workplace). **Supporting:** One of the cornerstones of combating workplace bullying is the solidarity of co-workers. Employees can foster a more inclusive and harmonious workplace by [actively opposing bullying behaviour](/articles/dealing-with-workplace-misconduct) and standing by victims. **Obligations:** For a comprehensive understanding of employer obligations, individuals can refer to resources like the SafeWork NSW website, which delves deeper into the responsibilities of employers in ensuring worker safety. ### **Action steps for victims of bullying and sexual harassment** **Immediate action:** Victims should meticulously document bullying incidents, noting specifics like dates, times, and witnesses. Seeking support, be it within the organisation or externally, is also essential. **External assistance:** Numerous resources are available, from counselling services to legal aid organisations, that can provide advice, guidance, emotional backing, and legal support to workers. **Official complaints:** Victims can lodge an official complaint using the Fair Work Commission's bullying form if bullying continues unabated. ### **Seeking assistance for bullying behaviour** **Early intervention:** Dealing with bullying at its onset can prevent its escalation, offering a more [effective resolution and minimising the trauma](/articles/person-centred-and-trauma-informed-approach) for the victim. This proactive approach also promotes a healthier workplace. **Mental health support:** The emotional and psychological toll of bullying can be overwhelming. Victims need to seek the necessary emotional and social support to navigate this challenging period. **Engaging with HR and management:** HR departments are instrumental in dealing with workplace bullying. They typically have protocols to ensure that complaints are investigated thoroughly and impartially. Moreover, victims must know their reports will be treated with discretion and confidentiality. **State government assistance:** Organisations like [SafeWork NSW](https://www.safework.nsw.gov.au/hazards-a-z/bullying/workplace-bullying) and [WorkSafe Victoria](https://worksafe.vic.gov.au/bullying) offer resources, guidance, and support for bullying victims. They provide preventive advice and assist victims in understanding their legal rights and potential avenues for redress. Additionally, the Fair Work Commission offers free legal advice and an [eligibility quiz](https://www.fwc.gov.au/anti-bullying-eligibility-quiz) where victims can apply for an order to stop workplace bullying.  **Non-government organisations:** The Australian Human Rights Commission website has [resources](https://humanrights.gov.au/our-work/sex-discrimination/positive-duty-sex-discrimination-act) to foster a safe workplace and stop bullying in the workplace. ## What to do if you are being bullied at work If you are a victim of workplace bullying and are facing a mental health crisis, please seek resources and support from [SafeWork NSW](https://www.safework.nsw.gov.au/safety-starts-here/mental-health-at-work-the-basics/bullying/what-you-can-do). For immediate crisis assistance, reach out to [Beyond Blue](https://www.lifeline.org.au/). Workplace bullying has ramifications beyond the immediate victim, affecting the broader workplace environment. Employers, co-workers, and regulatory bodies share the onus of prevention through anonymous reporting and addressing bullying. By [encouraging a speak-up culture](/articles/speak-up-culture) where victims are bystanders who can safely speak out against bullying, the safety and well-being of all employees are protected. If you witness someone being bullied at work, the [following fact sheet](https://humanrights.gov.au/our-work/commission-general/be-supportive-bystander) by the Australian Human Rights Commission may help you be a more supportive bystander. ## **Report workplace bullying with Elker** Workplace bullying, often rooted in silence and fear, thrives when victims and witnesses hesitate to come forward. Elker breaks this cycle by providing an essential platform for employees to voice their concerns anonymously. Anonymous [reporting tools like Elker](/articles/whistleblowing-software) aid workplaces in preventing bullying. They offer a safe channel for individuals to report [misconduct](/articles/serious-misconduct) without fearing retaliation. By providing an avenue for timely reporting, potential issues can be identified and addressed before they escalate into more severe or widespread problems. Beyond just anonymous reporting, Elker's [cultural and pulse surveys](/articles/culture-audit-guide) give employers an in-depth look into the prevailing dynamics of their workplace health. These surveys are pivotal in identifying hidden concerns and revealing behaviour patterns that may go unnoticed. They can spotlight areas or teams with a higher risk of experiencing bullying themselves, allowing for targeted interventions and preemptive measures. ## Summary The overarching goal for every organisation should be to cultivate a culture of trust, openness, and mutual respect where every employee feels valued and protected. With anonymous reporting tools, Elker helps transform workplaces into environments where bullying becomes less of a risk and a culture of empathy and understanding prevails. [Book a demonstration](/book-demo) of the Elker platform and see how we can transform your workplace culture. ### Key takeaways - The three-part test (repeated, unreasonable, risk to health and safety) is the legal threshold. A single serious incident may still be unlawful under other heads of law, but it usually will not meet the section 789FD definition of bullying. - A Safe Work Australia study found that more than a third of Australian workers have experienced work-related violence or bullying at some point in their careers. Underreporting is significant because of fear of retaliation and power imbalance. - Bullying is a psychosocial hazard that employers have a legal duty to manage under state Work Health and Safety legislation, alongside WHS obligations for physical hazards. WorkSafe Victoria, SafeWork NSW, and equivalent regulators have specific guidance. - Mobbing requires a different response to individual bullying because the power dynamic is collective. Addressing it often requires cultural intervention, not just disciplinary action against individuals. - Anonymous reporting is the most practical way to surface bullying early. The workers most affected are often the most reluctant to identify themselves because of the imbalance of power that enabled the bullying in the first place. ## Frequently asked questions Section 789FD of the Fair Work Act 2009, inserted by the Fair Work Amendment Act 2013, defines workplace bullying as repeated unreasonable behaviour directed towards a worker or group of workers that creates a risk to health and safety. All three elements must be present. Reasonable management action carried out in a reasonable manner is expressly excluded, meaning performance management, constructive feedback, and legitimate direction are not bullying even if the worker finds them unpleasant. Traditional bullying usually involves one individual (often in a position of power) targeting another. Mobbing is a coordinated group effort to isolate, humiliate, and push out an individual, often driven by a dominant in-group and enabled by the organisation's culture. Mobbing is harder to investigate because the group dynamic provides plausible deniability, and it usually requires cultural and structural intervention rather than disciplinary action against a single person. Usually not. The section 789FD definition requires conduct to be repeated, so a single incident (even a serious one) typically will not meet the bullying threshold. It may still be unlawful under other heads of law: assault, sexual harassment, [discrimination](/articles/discrimination-in-the-workplace), or a workplace injury claim. Employers should treat single serious incidents as potentially unlawful on their own terms rather than waiting for a pattern to emerge. Yes. Under Part 6-4B of the Fair Work Act, a worker who reasonably believes they are being bullied at work can apply to the Fair Work Commission for a stop-bullying order. If the Commission is satisfied the bullying is occurring and there is a risk it will continue, it can make orders, for example, requiring a specific person not to contact the worker, requiring the employer to revise policies, or adjusting working arrangements. The Commission offers a free eligibility quiz and anti-bullying application process. Employers have a duty to manage bullying as a psychosocial hazard under state Work Health and Safety legislation. This means proactively identifying risks, implementing controls, and providing accessible reporting channels, not just responding to complaints as they arise. Clear policies, leadership accountability, regular training, realistic workloads, and a trusted reporting channel all contribute. The Sex Discrimination Act 1984 positive duty adds a further obligation for sex-based [harassment and discrimination](/articles/5-risk-factors-for-sexual-harassment-in-the-workplace), which often overlaps with bullying in practice. ### Sources 1. Fair Work Act 2009 (Cth), Part 6-4B and section 789FD (as inserted by the Fair Work Amendment Act 2013) 2. Fair Work Commission, Anti-bullying Benchbook and case law 3. Safe Work Australia, Psychosocial health and safety and bullying in Australian workplaces (6th edition, 2021) 4. SafeWork NSW and WorkSafe Victoria, workplace bullying guidance 5. Australian Human Rights Commission, Respect@Work and positive duty resources 6. For NZ: WorkSafe NZ, Preventing and responding to bullying at work guidance; Health and Safety at Work Act 2015 _This article is general information only, not legal advice. Laws change and individual circumstances differ. For advice on your specific circumstances, consult a qualified legal practitioner. See our [Terms of Use](/policies/terms) for the full disclaimer._ ## You might also like --- url: https://elker.com/articles/wgea-reporting-policy-practice title: "WGEA Reporting Shows There's More to Do" description: "WGEA reporting shows the gap between anti-harassment policies and practice in Australian workplaces. What the figures reveal and how employers can close it." locale: en-AU generated: 2026-07-01T14:05:41.486Z --- Nov 21, 2024 # Mind the Gap: WGEA Reporting Data Shows Divide Between Harassment Policies and Practice [Compliance](/blog/compliance)[Cultural change](/blog/cultural-change)[Reporting](/blog/reporting)[Respect@Work](/blog/respect-at-work) The latest WGEA industry report shows a striking paradox in Australian workplaces: while anti-harassment policies are nearly universal, their practical implementation falls significantly short. ![Mind the Gap: WGEA reporting data shows divide between harassment policy and practice](https://media.elker.com/af1c7259-a629-4e6d-b572-f08f1b2321e4/wgea_reporting_1.png?width=992) ByElker Editorial TeamReviewed byJack MurrayUpdated22 April 2026 **TL;DR** - WGEA's 2024 industry data shows that 99% of Australian private-sector employers now have a formal policy or strategy to prevent and respond to sexual harassment and discrimination, up on the prior year. The article's framing is that policies are near-universal while practical implementation lags behind. - Only 75% of organisations provide training for people managers on sexual harassment prevention, a decline from the previous year (when the Sex Discrimination Act positive duty became enforceable). Only 50% of staff receive training on mitigation and control measures. - 91% of organisations have updated their policies to include statements on the positive duty. 87% outline leadership responsibilities for prevention and response. 80% set expectations for safety, respect and inclusive conduct in recruitment, contracts and performance management. - The gaps sit in monitoring, risk assessment and consultation. Only 60% of organisations monitor outcomes of sexual harassment and discrimination complaints (including employment outcomes for complainants and accused perpetrators), only 58% have processes for identifying and assessing risks, and only 51% involve employees, unions or industry groups in developing and reviewing their policies. - The WGEA Director's Guide to Accelerating Workplace Gender Equality frames the board as the level where expectations are set and progress is monitored. Closing the policy-to-practice gap involves training, leadership communication, reporting and response mechanisms, and continuous improvement, all under the lens of the Sex Discrimination Act positive duty. Australian organisations have made significant strides in establishing anti-harassment policies and strategies. According to WGEA industry data from 2024, an impressive 99% of private-sector employers now have a formal policy or strategy to prevent and respond to sexual harassment and discrimination. This figure represents an increase from the previous year and demonstrates a growing commitment to creating safer and more respectful workplaces.  While having a comprehensive policy is a crucial first step, more is needed. The Workplace Gender Equality Agency data reveals a disconnect between policies and their effective implementation. For instance, only 75% of organisations currently provide training for people managers on the prevention of sexual harassment (a decline from last year when the Sex [Discrimination Act](/articles/discrimination-in-the-workplace) positive duty mandates became enforceable).   Furthermore, only 50% of staff receive training on mitigation and control measures. These figures suggest that **there is still work to be done in translating policies into tangible, proactive strategies** that can drive real change.  ## **Policy to practice** Bridging this gap between policy and practice is essential for creating workplaces where all employees feel safe, respected, and empowered to [speak up against misconduct](/articles/dealing-with-workplace-misconduct). It is not enough to simply have a document outlining expectations and procedures; organisations should take active steps to embed these values into their [culture](/articles/speak-up-culture) and day-to-day operations.   This is a multi-step approach that includes training, clear communication from leadership, reporting and response mechanisms, and a commitment to continuous improvement.  The good news is that many organisations are already making progress in this area. By sharing best practices, learning from each other's successes and challenges, and leveraging innovative tools and technologies, we can work towards turning policies into meaningful, proactive action.   In the following sections, we will explore some initiatives that can help organisations bridge the divide between harassment policies and practice, creating workplaces where everyone can thrive.  ![WGEA reporting data: Simple solutions for harassment policy and practice](https://media.elker.com/c7a6ca4c-1f45-4d28-9b7e-7f9a82e2c846/wgea_reporting_2.png?width=992) ## **The current state of anti-harassment policies** The good news is that 91% of organisations have updated their policies to include statements on their positive duty to eliminate [sexual harassment in the workplace](/articles/5-risk-factors-for-sexual-harassment-in-the-workplace). 87% outline leadership responsibilities for prevention and response. Additionally, 80% set expectations for safety, respect, and inclusive conduct in recruitment materials, contracts, and performance management.  However, WGEA data also reveals areas where policies may be falling short. Only 60% of organisations have a system in place for monitoring the outcomes of sexual harassment and discrimination complaints, including employment outcomes for complainants and accused perpetrators.   Furthermore, just 58% have processes for identifying and assessing risks, and only 51% involve employees, unions, or industry groups in the development and review of their policies. These gaps suggest that some organisations may be missing opportunities to proactively identify and address potential issues, as well as to engage stakeholders in creating more effective and inclusive policies.  The consequences of having policies that aren't fully operationalised can be significant. Without robust monitoring and risk assessment processes, organisations may struggle to detect and respond to incidents of harassment and discrimination in a timely and effective manner. This can lead to a range of negative outcomes, including harm to individual employees, damage to the company's reputation, and potential legal liabilities. Policies that are developed without input from diverse stakeholders may fail to address the needs and concerns of different groups within the organisation.  It's worth noting that the introduction of the [positive duty in the Sex Discrimination Act](/articles/7-standards-positive-duty-sex-discrimination-act) has raised the bar for what is expected of organisations in terms of preventing sexual harassment and sex-based discrimination. As highlighted in the WGEA _Director's Guide to Accelerating Workplace Gender Equality_, boards have an important role to play in setting expectations, monitoring progress, and ensuring compliance with this new legal obligation. ### **Meeting the positive duty challenges** To meet this challenge, organisations may need to reassess their existing policies and practices to ensure they are comprehensive, effective, and aligned with the positive duty. This may involve:  1. conducting thorough risk assessments  2. engaging in more meaningful consultation with employees and other stakeholders  3. implementing monitoring and evaluation processes  By taking these steps, organisations can fulfil their legal obligations and create workplaces where all employees feel safe and respected. ![WGEA reporting data: The role of technology to support anti-harassment strategies](https://media.elker.com/9dc6b496-2885-41e4-80bd-4d9a83b49bb2/wgea_reporting_3.png?width=992) ## **The role of technology** Various tools enable organisations to bridge the gap between anti-harassment policies and practice. By leveraging digital solutions, employers can enhance reporting processes, gain valuable insights, and ultimately foster safer and more respectful workplaces.  Tech platforms offer a range of features that can support organisations in meeting the standards outlined in the AHRC [_Guidelines for Complying with the Positive Duty_](/articles/7-standards-positive-duty-sex-discrimination-act). These include:  - Secure and confidential reporting channels, such as end-to-end encryption, to protect sensitive information and encourage employees to come forward with concerns  - Customisable workflows to tailor the reporting process to an organisation's specific needs and ensure a consistent, fair, and [trauma-informed approach](/articles/person-centred-and-trauma-informed-approach)  - [Anonymous reporting options](/articles/anonymous-reporting-advantages-disadvantages) to empower workers with choices and facilitate early reporting of minor incidents - Real-time analytics and data insights to identify patterns, trends, and potential risk areas for proactive intervention  By capturing detailed information on reported incidents, technology enables a data-driven approach to harassment prevention and response. For example, if data reveals an increase in reports from a particular department or location, organisations can investigate potential underlying issues and take targeted action, such as providing additional training or support. Similarly, tracking metrics like time-to-resolution can help identify bottlenecks in the reporting process and drive improvements.  Digital platforms can also contribute to a culture of transparency and accountability. Regular gathering and review of metrics, such as reporting rates, prevalence rates, response timeliness, and outcomes, allows organisations to assess the effectiveness of their efforts and drive continuous improvement. Sharing these insights with employees can demonstrate a commitment to a safe workplace and promote open dialogue.  It's important to note that technology is not a standalone solution but rather a component of a much larger strategy. As the positive duty raises the bar for organisations' obligations, digital tools can provide valuable support in meeting these expectations. By taking a proactive, data-driven, and victim-centric approach, organisations can more effectively identify risks, support reporters, and drive meaningful change. ## **What we’ve learned at Elker** At Elker, we've had the privilege of working with organisations across various industries, supporting them in their efforts to create safer, more respectful workplaces. Through our experience, we've learned that putting new compliance measures into practice can be challenging. While it's essential to have well-crafted policies and reliable reporting tools, the true key to success lies in effective implementation throughout the entire company.  Many clients initially come to us with only a limited understanding of the laws and processes surrounding [workplace misconduct](/articles/serious-misconduct) prevention and response. There are often questions about the difference between [whistleblowing](/articles/what-is-whistleblowing) and anonymous reporting, as well as uncertainty about how to run an effective program. We've noticed a common misconception that anonymous reporting software is simply plug-and-play, without considering the critical aspects of service, support, and expertise needed to ensure success.  At Elker, we understand that effective implementation goes beyond just providing the right tools. It involves developing clear processes, identifying qualified individuals to respond to reports, and ensuring that reporters' [identities are protected](/articles/protected-attributes) throughout the process. Our team of experts work closely with organisations to provide guidance on best practices, help develop customised strategies, and offer ongoing support to foster successful buy-in and implementation across all levels of the company.  If you're looking to drive lasting change in your organisation and create a culture of safety, respect, and inclusion, we invite you to get in touch with the Elker team. We're here to help you navigate these complexities and develop a tailored approach that meets the unique needs of your workplace.  ### Key takeaways - The near-universal policy numbers are misleading on their own. A policy on paper does not demonstrate compliance with the positive duty, and the WGEA data suggests monitoring and risk assessment are the weakest links in the current compliance chain. - Monitoring outcomes for both complainants and accused perpetrators (the 60% figure) is a specific area where most organisations have nothing systematic in place, and it is also where the positive duty's effectiveness test lands hardest. - Consultation with employees, unions or industry groups in policy development (the 51% figure) is explicitly called out as necessary for policies to address the needs and concerns of different groups within the organisation. - The article positions technology as part of a much larger strategy, not a standalone solution. Secure reporting channels, customisable trauma-informed workflows, anonymous reporting options, and real-time analytics are the features it links to the AHRC positive duty guidelines. - Elker's own observation from the article: clients often come in with limited understanding of the legal framework and misconceptions about anonymous reporting being "plug and play", when effective implementation requires process, qualified responders and protection for reporter identities. ## Frequently asked questions Based on WGEA's 2024 industry data: 99% of private-sector employers have a formal sexual harassment and discrimination policy or strategy, but only 75% train people managers on prevention (a decline on the prior year), only 50% of staff receive training on mitigation and control measures, only 60% monitor the outcomes of complaints, only 58% have risk identification and assessment processes, and only 51% involve employees, unions or industry groups in developing and reviewing their policies. The article notes the decline without offering a definitive cause. One plausible reading is that the positive duty has shifted attention toward higher-order obligations like risk assessment and monitoring, while baseline manager training slipped. The underlying point is that near-universal policy adoption does not translate automatically to consistent training, and the WGEA data makes the gap visible. The WGEA Director's Guide to Accelerating Workplace Gender Equality places boards at the level where expectations are set, progress is monitored, and compliance with the positive duty is ensured. Board-level sight of risk assessment outputs, complaint outcome data, and consultation records is the practical expression of that role. The [positive duty guidelines](/articles/7-standards-positive-duty-sex-discrimination-act) from the AHRC are the substantive reference for what "compliance" looks like. The article lists four: conducting thorough risk assessments, engaging in more meaningful consultation with employees and other stakeholders, implementing monitoring and evaluation processes, and embedding the policy in day-to-day operations through training and leadership communication. A reporting mechanism that surfaces data on prevalence, response timeliness and outcomes is how organisations generate the evidence needed to demonstrate effectiveness under the positive duty. Secure, confidential channels with end-to-end encryption let employees surface concerns they would not raise directly. [Anonymous reporting](/articles/anonymous-reporting-advantages-disadvantages) options lower the threshold for early reporting of minor incidents, customisable trauma-informed workflows ensure a fair and [person-centred approach](/articles/person-centred-and-trauma-informed-approach), and analytics let organisations identify patterns (for example, an increase in reports from a particular department) so they can intervene early. The article is clear that technology is a component of the overall strategy, not a substitute for it. ### Sources 1. Workplace Gender Equality Agency (WGEA), industry data (2024) on sexual harassment and discrimination prevention 2. Workplace Gender Equality Agency, Director's Guide to Accelerating Workplace Gender Equality 3. Sex Discrimination Act 1984 (Cth), positive duty provisions 4. Australian Human Rights Commission, Guidelines for Complying with the Positive Duty under the Sex Discrimination Act 1984 (Cth) 5. Workplace Gender Equality Act 2012 (Cth) _This article is general information only, not legal advice. Laws change and individual circumstances differ. For advice on your specific circumstances, consult a qualified legal practitioner. See our [Terms of Use](/policies/terms) for the full disclaimer._ ## You might also like --- url: https://elker.com/articles/what-is-unlawful-victimisation-in-the-workplace title: "Victimisation at Work: Definition, Examples, Law (AU)" description: "Workplace victimisation is the unfair treatment of an employee because they made or supported a complaint. Plain-English definition, examples, and the Fair Work Act and Sex Discrimination Act protections." locale: en-AU generated: 2026-07-01T14:05:41.546Z --- Oct 13, 2023 # What is victimisation? Workplace definition, examples and your legal protections (Australia) [Cultural change](/blog/cultural-change) Workplace victimisation is the unfair treatment of an employee for raising or supporting a complaint. We cover the plain-English definition, real examples, and the Fair Work Act and Sex Discrimination Act protections that apply. ![What is victimisation: A guide for employers](https://media.elker.com/674e9ac1-d1c3-4520-b123-276cde92a345/what-is-victimisation.jpeg?width=992) ByElker Editorial TeamReviewed byJack MurrayUpdated29 April 2026 **TL;DR** - Workplace victimisation is the unfair treatment of an employee because they made or supported a complaint, ranging from exclusion and being labelled a troublemaker to dismissal. - The Fair Work Act 2009 protects employees who exercise workplace rights, raise complaints or inquiries, discuss pay and employment terms, take part in industrial activities, report sexual harassment, or rely on protected attributes such as race, sex, age, and disability. - Protected attributes under the Fair Work Act now include breastfeeding, gender identity, and intersex status, alongside the long-standing grounds. - The Sex Discrimination Act 1984 places a positive duty on employers to actively eliminate sex discrimination, sexual harassment, sex-based harassment, and hostile work environments, with protection from victimisation a core part of that duty. - Commonwealth and state anti-discrimination laws overlap, so employers must comply with both, and victims can escalate unresolved complaints to the Fair Work Commission or an equivalent tribunal. ## Definition of victimisation Victimisation refers to the unfair treatment of an individual because they've made or supported a complaint. This treatment can mean being excluded, labelled as a troublemaker, or even getting fired from a job. It's a form of retaliation that punishes someone for speaking out. ## Protected act under the Fair Work Act 2009 Under the Fair Work Act, employees are legally entitled to take specific actions in the workplace without fear of adverse action or victimisation. These acts are designed to ensure that employees can exercise their rights and responsibilities without being penalised. Protected acts include: - **Exercising workplace rights:** This includes entitlements under workplace laws, instruments, or orders made by industrial bodies. It covers initiating or participating in processes or proceedings under these laws. - **Making complaints or inquiries:** Employees are protected when they make complaints or inquiries about their employment conditions or seek compliance with workplace laws. - **Discussing pay and employment terms:** Employees have the right to discuss their pay and employment terms and conditions and ask other employees about theirs without being forced to disclose this information. - **Industrial activities:** Employees and contractors are free to engage or not engage in lawful activities of industrial associations, like trade unions, without being victimised for their choices. - **Anti-discrimination:** It's unlawful for employers to take adverse action against employees due to protected attributes like race, sex, age, disability, and others. - **Reporting sexual harassment:** The Act prohibits sexual harassment connected to work and protects those who report such incidents. These protections are crucial as they allow employees to assert their rights and address issues without fearing negative consequences from their employer. For more information, read our article: [Protected Attributes Under the Fair Work Act](/articles/protected-attributes). ## **Understanding protected characteristics** An essential aspect of addressing victimisation in the workplace involves understanding 'protected characteristics.' These characteristics, as defined by law, include aspects of an individual's identity such as age, gender, race, sexual orientation, and disability. Recognising these characteristics is crucial because victimisation often occurs when an employee is treated unfairly for exercising their rights related to these aspects of their identity. Whether it's standing up against discrimination, reporting sexual harassment, or supporting a colleague in their complaint, the law safeguards individuals from being victimised for actions connected to these protected characteristics. By comprehending what constitutes a protected characteristic, both employees and employers can better identify and address instances of victimisation, contributing to a more inclusive and respectful workplace environment. The [Fair Work Act](https://www.fairwork.gov.au/employment-conditions/protections-at-work/protection-from-discrimination-at-work) has recently expanded its protected attributes to include breastfeeding, gender identity and intersex status. ## The role of the Sex Discrimination Act in preventing victimisation In addition to the Fair Work Act 2009, the Sex Discrimination Act 1984 plays a pivotal role in safeguarding employees from victimisation. The Act has been instrumental in establishing a positive duty for employers to actively eliminate [discrimination](/articles/discrimination-in-the-workplace) and [harassment in the workplace](/articles/combating-virtual-harassment-in-remote-work). Key aspects of the Act include: - **Eliminating discrimination based on sex:** The Act mandates employers to take proactive steps to prevent discrimination on the grounds of sex, ensuring a fair and equitable workplace for all genders. - **Addressing sexual harassment:** It places a responsibility on employers to create a [work environment free from sexual harassment](/articles/5-risk-factors-for-sexual-harassment-in-the-workplace), protecting employees who report such incidents from any form of retaliation. - **Tackling sex-based harassment:** The Act extends its protection to include sex-based harassment, ensuring that employees can report such issues without fear of victimisation. - **Eliminating hostile workplace environments:** Employers are required to take measures to prevent the creation of a hostile workplace environment on the ground of sex, thereby safeguarding employees from related acts of victimisation. This emphasis on the positive duty of employers under the Act is a significant step forward in encouraging employees to [speak up about workplace issues](/articles/speak-up-culture) related to discrimination, sexual harassment, and other gender-based challenges. It reinforces the legal framework that protects employees from victimisation, fostering a more respectful and inclusive workplace culture. ## Examples of victimisation in the workplace Victimisation often arises when someone makes a complaint about being mistreated due to one of these protected characteristics or supports someone else in making such a complaint. There are instances where a complaint of discrimination or victimisation has led to adverse actions, such as being fired. Here are some examples of how victimisation can present itself in the workplace: - **Repercussions after complaints:** Employees who raise concerns about discrimination or harassment may face unexpected disciplinary actions or exclusion from key meetings despite their complaints being valid and justified. - **Threats for supporting a co-worker:** Supporting a colleague's complaint about [misconduct](/articles/dealing-with-workplace-misconduct) can result in intimidation or isolation from management or other team members. - **Retaliation for being a witness:** Employees who witness and report discriminatory actions, like race-based discrimination or [workplace bullying](/articles/understanding-and-preventing-workplace-bullying), may experience subtle forms of retaliation, such as unwarranted warnings. - **Career opportunities denied:** One of the more insidious forms of victimisation is the denial of career opportunities. An employee who has made or supported a complaint might be passed over for promotions or given fewer opportunities for professional development, even if they are well-qualified. - **Unfair dismissal or demotion:** In extreme cases, an employee might be demoted or even dismissed after raising concerns about sexual harassment. This severe form of victimisation sends a chilling message to other employees about the potential consequences of speaking out. These examples illustrate the different ways victimisation can impact the morale and wellbeing of employees, underlining the importance of awareness and proactive measures to prevent such occurrences in the workplace. ## **The right to make a complaint** Some [Commonwealth and state laws protect employees against discrimination](/articles/employment-discrimination-law), harassment and victimisation, such as the _Sex Discrimination Act 1984_, _Age Discrimination Act 2004_ and _Racial Discrimination Act 1975_. The Australian Human Rights Commission website has a helpful [guide](https://humanrights.gov.au/__data/assets/file/0025/56806/GPGB_quick_guide_to_discrimination_laws.pdf) to understanding the various laws that cover these unlawful acts. State and Commonwealth laws overlap, and employers are required to comply with both. Employees should confidently voice concerns about discrimination or sexual harassment, knowing that retaliation is unlawful. Employees can escalate their complaints to an employment tribunal for a [formal resolution if victimisation persists](https://www.fwc.gov.au/apply-or-lodge/who-australias-national-workplace-relations-system-covers). Beyond addressing individual complaints, employers bear a significant responsibility. They are mandated to foster an environment that responds to and actively prevents discrimination, harassment, and victimisation. This proactive approach is vital to [cultivating a respectful and inclusive workplace](/articles/respect-in-the-workplace). ![What is victimisation: Advice for employers](https://media.elker.com/84f74ed3-e501-450c-8a25-79c77a411356/victimisation-advice-employers.png?width=992) ## **Advice for employees** Those who have experienced victimisation should be proactive in seeking support and understanding their rights. Signs can range from subtle shifts like feeling isolated from colleagues to more overt changes such as unexplained increases in workload or alterations in job responsibilities. If you suspect you're being victimised, it's vital to maintain a detailed record of incidents and related communications. This documentation can serve as evidence should you decide to take further action. It's also beneficial to seek guidance from HR professionals, legal counsel, or support groups on navigating potential claims or actions. Familiarise yourself with the legal timeframes; there are often strict deadlines for making claims related to workplace issues. Lastly, act promptly. The sooner you address the issue, the more options you'll have, and the better positioned you'll be to protect your rights and wellbeing. If your workplace has an anonymous reporting platform or [whistleblowing hotline](/articles/ethics-hotline), these tools can help report acts of victimisation without revealing your identity. In most cases, senior management should work promptly to rectify the initial complaint and the consequential acts of retribution. ## **Advice for employers** For employers, creating a workplace free from victimisation is not just a legal obligation but a moral one. The first step is to foster a positive [workplace culture](/articles/culture-audit-guide) where workers feel comfortable communicating their concerns. This openness can be enhanced by implementing clear policies and procedures that explicitly address and prevent victimisation. Regular training sessions are essential. By educating staff on sexual harassment, discrimination, bullying, and victimisation, employers can ensure that everyone understands what constitutes inappropriate behaviour and how to avoid it. When complaints arise, they must be treated with the gravity they deserve. Swift, thorough investigations are crucial, and maintaining accurate records of these investigations can protect both the employee and the company. Lastly, employers should be acutely aware of the compliance landscape. Understanding the potential legal ramifications and consequences of allowing victimisation to persist is crucial for the company's reputation and financial wellbeing. Proactive measures and a genuine commitment to a respectful workplace can mitigate these risks. Employers should stay informed about the latest from the Fair Work Commission, [Respect@Work](/articles/what-the-respect-at-work-bill-means-for-your-business) and work health and safety laws on victimisation. ![What is victimisation: How anonymous reporting tools can help](https://media.elker.com/e06f7926-c142-4bdd-8e24-81ef2290b275/victimisation-anonymous-reporting.png?width=992) ## **How anonymous reporting protects employees** An [anonymous reporting system](/articles/whistleblowing-software), or whistleblowing hotline, can play a significant role in safeguarding employees. These systems provide a layer of safety and confidence by ensuring that individuals can voice their concerns without revealing their identity. Anonymity often leads to more honest reporting; when employees are assured of their privacy, they are more likely to come forward with genuine concerns without fearing backlash. [Whistleblowing laws](/articles/what-is-whistleblowing) further bolster this protection. These laws are designed to shield individuals who expose [misconduct](/articles/serious-misconduct)within an organisation, ensuring they aren't victimised for their actions. Such legal protections underscore the importance of standing up against wrongdoing without facing repercussions. Employers are responsible for creating a positive workplace culture where employees trust that the system will not fail them. It is important to foster a culture where individuals feel secure reporting concerns, knowing they won't face retaliation. In such a culture, anonymous reporting doesn't just protect employees; it [strengthens the integrity of the entire organisation](/articles/anonymous-reporting-advantages-disadvantages). ## How Elker can help Elker is an anonymous reporting platform that helps employees speak up on issues in the workplace. Elker's comprehensive case management and privacy-focused tools simplify the process for employees to make a complaint or raise a concern. Elker provides additional tools, such as employee feedback and [pulse surveys](/articles/employee-engagement-survey-questions), to help detect issues early on. Taking proactive measures can minimise harm to the person making a complaint of victimisation, and, ultimately, protect your business or organisation from litigation and reputational loss. Additionally, Elker assists Australian organisations in staying compliant with the positive duty under the Sex Discrimination Act. To know more, view our article on the [7 standards for positive duty compliance](/articles/7-standards-positive-duty-sex-discrimination-act). Find out how Elker can help your organisation by viewing all the [platform's features](/features) and [booking a demonstration](/book-demo). ### Key takeaways - Treat victimisation as a separate risk from the original complaint. Even when an employer handles the underlying issue, retaliation against the complainant exposes the organisation to a fresh legal claim and additional reputational harm. - Watch for subtle retaliation patterns, not just dismissals. Withholding promotions, fewer development opportunities, exclusion from key meetings, sudden disciplinary action, and unwarranted warnings are all common forms regulators recognise. - Document everything. Detailed records of incidents, communications, and decisions protect employees making a complaint and protect employers when defending an investigation outcome. - Act on complaints quickly. Strict legal time limits apply, and delay rarely benefits either side. Employers should run swift, thorough investigations and keep accurate records throughout. - An anonymous reporting channel is one of the strongest controls available. By breaking the obvious link between the complaint and the complainant, it reduces the opportunity for retaliation and gives employees more confidence to speak up early. ## Frequently asked questions Victimisation is the unfair treatment of an employee because they made or supported a complaint, or exercised a workplace right. Common examples include disciplinary action after raising a concern, exclusion from meetings, intimidation for backing a colleague, unwarranted warnings, being passed over for promotions, and demotion or dismissal after reporting [sexual harassment or bullying](/articles/understanding-and-preventing-workplace-bullying). Each of these is a separate breach of the law from whatever conduct triggered the original complaint. Yes. The Fair Work Act and the Sex Discrimination Act protect employees who support, witness, or give evidence in a complaint, not only the person who made it. Threats, isolation, or retaliation aimed at supporters and witnesses is unlawful, and the same legal remedies apply. Several overlap. The Fair Work Act 2009 protects employees who exercise workplace rights, raise complaints, discuss pay, take part in industrial activities, or rely on [protected attributes](/articles/protected-attributes). The Sex Discrimination Act 1984, Racial Discrimination Act 1975, and Age Discrimination Act 2004 each prohibit victimisation in their respective domains. State and territory equal opportunity laws apply alongside Commonwealth laws, and employers must comply with both. Keep a detailed written record of incidents, dates, witnesses, and related communications. Seek guidance from HR, legal counsel, or a support service, and check the time limits for any formal claim, which can be short. Report the conduct through your employer's internal channels, and if your workplace offers an anonymous reporting platform or [whistleblowing hotline](/articles/ethics-hotline) consider using it to flag the retaliation alongside the original complaint. Build a [respectful workplace culture](/articles/respect-in-the-workplace) where employees can raise concerns without fear, publish clear policies that explicitly prohibit victimisation, train managers and staff on what victimisation looks like, and run swift, thorough, and well documented investigations when complaints arise. The positive duty under the Sex Discrimination Act 1984 makes this proactive prevention a legal expectation, not a nice-to-have. ### Sources 1. Fair Work Act 2009 (Cth), Part 3-1, General protections provisions against adverse action 2. Sex Discrimination Act 1984 (Cth), prohibition of victimisation and the positive duty 3. Racial Discrimination Act 1975 (Cth) and Age Discrimination Act 2004 (Cth) 4. Anti-Discrimination and Human Rights Legislation Amendment (Respect at Work) Act 2022 (Cth) 5. Australian Human Rights Commission, A Quick Guide to Australian Discrimination Laws, and guidance on the positive duty 6. Fair Work Ombudsman, Protection from discrimination at work, and Fair Work Commission, General protections information for applicants _This article is general information only, not legal advice. Laws change and individual circumstances differ. For advice on your specific circumstances, consult a qualified legal practitioner. See our [Terms of Use](/policies/terms) for the full disclaimer._ ## You might also like --- url: https://elker.com/articles/what-is-whistleblowing title: "What Is Whistleblowing? Definition and Benefits | Elker" description: "Understand the key concepts of whistleblowing. 🛡️ Foster a speak-up culture and shield your company's reputation and bottom line." locale: en-AU generated: 2026-07-01T14:05:41.605Z --- Nov 5, 2020 # What is whistleblowing? Understand the benefits and obligations [Compliance](/blog/compliance)[Reporting](/blog/reporting) Understand the benefits of a secure whistleblowing program and your obligations to protect those who speak up. ![What is whistleblowing - a guide for Australian employers](https://media.elker.com/be0f2beb-6985-49d8-8d88-6ba1b1d0f4f9/what-is-whistleblowing.png?width=992) ByElker Editorial TeamReviewed byJack MurrayUpdated22 April 2026 **TL;DR** - Whistleblowing is the disclosure of illegal or unethical activities, such as fraud, data mishandling, harassment, discrimination, malpractice, human rights violations, environmental damage, or non-compliance, to a person or body with authority to act on them. - Whistleblowing can be internal (to a compliance function or ethics hotline), external (to regulators, law enforcement, media, or NGOs), or anonymous through third-party channels that protect the reporter's identity. - In Australia, protections sit primarily in the Corporations Act 2001 (Cth) and the Taxation Administration Act 1953 (Cth). The Treasury Laws Amendment (Enhancing Whistleblower Protections) Act 2019 broadened the definitions of eligible whistleblower and eligible recipient, expanded the categories of protected disclosure, and strengthened confidentiality and anti-retaliation rules. - Public companies, large proprietary companies, and corporate trustees of APRA-regulated superannuation entities are required to maintain a whistleblower policy, and ASIC publishes guidance on establishing and operating one. - Anonymity and confidentiality are load-bearing. The identity of the whistleblower must be protected, and encrypted reporting channels with anonymous two-way messaging remain the most effective way to surface concerns employees would otherwise keep to themselves. Whistleblowing is essential in maintaining accountability and transparency within organisations. It takes courage to expose [misconduct](/articles/dealing-with-workplace-misconduct). Understanding the legal protections and benefits available to whistleblowers is crucial. In this article, we'll explore whistleblowing, its definition, types, legal frameworks, and its impact on organisations and society. ## Key Takeaways - Whistleblowing is the disclosure of information about unlawful and unethical activities. - It can be classified into internal, external or anonymous channels with legal protections for whistleblowers in corporate and [aged care sectors](/articles/whistleblowing-in-aged-care). - Best practices include creating clear policies, encouraging whistleblowing and anonymous reporting and fostering a culture of openness within organisations. ## Definition of whistleblowing Whistleblowing is the act of disclosing illegal or unethical activities to a responsible person or organisation. Whistleblowers can report various issues, including:  - fraud - data mishandling - [sexual harassment](/articles/5-risk-factors-for-sexual-harassment-in-the-workplace) - [discrimination](/articles/discrimination-in-the-workplace) - malpractice - human rights violations - physical abuse - [online harassment](/articles/combating-virtual-harassment-in-remote-work) - environmental damage - non-compliance They may disclose the wrongdoing to their employer, an external government agency, the media, or another organisation. ## Types of whistleblowing Whistleblowing can be classified into specific categories like **internal**, **external**, and **anonymous**, depending on the reporting channels employed. Internal or corporate whistleblowers are employees who report unethical or illegal actions by a fellow employee or superior within their company, often to an internal compliance department or [ethics hotline](/articles/ethics-hotline). Making reporting channels available internally allows organisations to address issues directly and demonstrate their commitment to ethical practices. External whistleblowing, on the other hand, involves reporting misconduct to outside individuals or organisations, such as: - Government agencies - The media - Lawyers - Law enforcement - NGOs Other local, state, or federal agencies that may handle workplace disputes or other relevant issues. Anonymous whistleblowing utilises external channels to protect the anonymity of whistleblower complaints. Third-party channels, such as whistleblowing hotlines, provide toll-free phone numbers and/or web or [app-based solutions](/articles/whistleblowing-software)that utilise encryption to guarantee the anonymity of the whistleblower. **Using a dedicated service provider for whistleblowers can have a beneficial effect on an organisational culture.** ## Who can be a whistleblower? Potential whistleblowers can come from diverse backgrounds, such as employees, contractors, or even the public. They possess knowledge of malpractices within an organisation and should be aware of their whistleblower rights and protections, including the importance of the whistleblower’s confidentiality. In many countries, legal protections exist to safeguard whistleblowers from retaliation and ensure their confidentiality when making a protected disclosure, also known as a public interest disclosure. ## Legal framework for whistleblower protections Whistleblower laws can vary substantially between countries, with some offering exhaustive whistleblower protection while others have scant or no legal safeguards. For example, the federal government has a statute in place to protect all federal employees from personnel action if they disclose information they reasonably believe is a legal obligation, such as: - a violation of law, potentially leading to civil penalties - gross mismanagement - gross waste of funds - abuse of authority - a substantial and specific danger to public safety or health, which is in the public interest. ### Australian laws and policies In Australia, a comprehensive set of laws and policies have been put in place to ensure whistleblower protection in both corporate and not-for-profit sectors. These protections are outlined in the Corporations Act 2001 and the Taxation Administration Act 1953. Under these laws, public companies, large proprietary companies, and corporate trustees of APRA-regulated superannuation entities are required to have robust whistleblower policy. For those organisations that aren't required to have a whistleblower policy, it is still advisable to have a plan in place. A policy must cover several critical aspects to ensure protection for whistleblowers. Firstly, it should outline the legal protections available to whistleblowers. These whistleblower protections include immunity from civil, criminal, and administrative liability for making the disclosure. It also protects them from contractual or other remedies based on the disclosure. Interestingly, whistleblowers no longer need to act in good faith to be protected under these Australian laws. However, they must have reasonable grounds to suspect misconduct or a breach of law. Secondly, the policy must describe the company’s process for investigating disclosures. This involves a fair and objective process that [respects the rights of all individuals](/articles/respect-in-the-workplace) involved and ensures that the investigation is carried out competently and impartially. Finally, the policy should detail the steps to protect whistleblowers from detriment. This includes measures to protect the whistleblower's identity and prevent retaliation, such as dismissal, harassment, or discriminatory treatment. The [Australian Securities and Investments Commission](https://asic.gov.au/about-asic/asic-investigations-and-enforcement/whistleblowing/) (ASIC) provides advice for whistleblowers, as well as practical guidance for companies on how to establish, implement, and maintain a whistleblowing policy. This guidance includes how to handle and investigate a disclosure and how to support and protect the whistleblower. ### Enhancing Whistleblower Protections Act The _Treasury Laws Amendment (Enhancing Whistleblower Protections) Act 2019_ brought about significant changes to the _Corporations Act 2001_ (Cth) and the _Tax Administration Act 1953_ (Cth). It affected all businesses, not-for-profit organisations operating as public companies. The changes included a broader scope of protected disclosures, encompassing not just criminal violations but also breaches of tax, ASIC and APRA laws and disclosures about systemic workplace issues. The categories of 'eligible whistleblowers' and 'eligible recipients' of disclosures have also been broadened. Now, anyone who has ever had a relationship with a company and senior managers, directors, auditors, and, in certain situations, journalists and politicians can be considered an eligible whistleblower. Finally, whistleblowers now have stronger protections, including enhanced immunity from prosecution, assurance of anonymity, and protection against [victimisation](/articles/what-is-unlawful-victimisation-in-the-workplace). Whistleblowers no longer need to act in good faith to be protected, but they do need to have reasonable grounds to suspect misconduct. ### International laws and regulations International laws and regulations, such as the [European Union’s whistleblower directive](/articles/eu-whistleblowing-directive-safer-workplace), provide varying levels of protection for whistleblowers. The European Union’s directive safeguards a broad range of free speech for whistleblowers, including journalists across all member states. It applies to both public and private sectors. The European Court of Human Rights made a landmark decision. They established that whistleblowing should be regarded as a form of freedom of expression. This historic ruling has far-reaching implications, as it recognises the important role whistleblowers play in maintaining transparency, accountability, and integrity in various sectors, from government institutions to private corporations. By equating whistleblowing with freedom of expression, the court underscored the necessity of safeguarding those who expose [serious misconduct](/articles/serious-misconduct), malpractices, or wrongdoing. This is a significant step forward in the fight against corruption and the promotion of ethical conduct. It sends a clear message that whistleblowers should be protected, not persecuted, for their courage and commitment to upholding the public interest. ## The process of whistleblowing Whistleblowing entails recognising malpractice, conveying it through suitable channels, and managing the potential fallout and repercussions. Whistleblowers must gather evidence of wrongdoing, such as violations of laws, mismanagement, or threats to public health and safety, and decide on the best course of action. The decision to become a whistleblower is a difficult one, as it can have personal and professional implications. It requires a great deal of courage and moral conviction to step forward and call out unethical or illegal practices. The whistleblower often risks their career, reputation, and in some cases, personal safety to ensure that the truth is brought to light. This decision is not taken lightly and involves careful consideration of the potential consequences, the importance of the issue at hand, and the potential benefits that could result from the disclosure. Despite the challenges, many choose this path in the pursuit of justice, accountability, and the greater good. ## **Whistleblowing vs. anonymous reporting? What's the difference?** Whistleblowing refers to individuals stepping forward to disclose misconduct or wrongdoing, ranging from serious violations to health risks or any activity detrimental to people, the organisation, or society. On the other hand, anonymous reporting provides a means for this disclosure. It's the avenue where employees can share their concerns without revealing their identity, ensuring their protection and anonymity. Implementing robust and secure anonymous reporting channels is vital for businesses and institutions. Platforms like Elker provide a secure environment for this, using encrypted tools that let stakeholders highlight everything from minor inconsistencies to significant misdeeds without fear of backlash. Encouraging whistleblowing in professional settings serves two purposes. First, it aids companies in pinpointing and mitigating potential risks swiftly. Second, it cultivates an organizational culture where individuals are motivated to speak up. This proactive approach safeguards a positive work atmosphere and prevents unforeseen crises. ## Benefits of whistleblowing for public interest Whistleblowing can facilitate the detection of fraud, including fraud on someone’s health, waste, and abuse, thereby promoting more effective and efficient organisations. By bringing unethical practices to light, blowing the whistle can help eliminate corporate crimes, reshape company cultures, and safeguard victims from potential harm. It can also serve as a powerful tool to uncover and rectify misconduct within organisations, promote transparency and accountability, and ultimately lead to a healthier and more ethical work environment. By exposing wrongdoing, whistleblowers can play a pivotal role in maintaining the integrity of an organisation. They serve as a check and balance, ensuring that ethical standards are upheld and that any deviations from these standards are promptly addressed. This can lead to improved organisational performance, increased trust among stakeholders, and a stronger reputation for the organisation in the long run. Enhanced transparency and responsibility are among the key [advantages of whistleblowing](/articles/advantages-of-whistleblowing-in-the-workplace), as organisations are held accountable for their actions and the public is made aware of any misconduct. ## Encourage internal whistleblowing with Elker Whistleblowing in the workplace requires the development of effective policies and fostering an atmosphere of openness within organisations. By putting in place clear policies that outline how to report misconduct and the protections that whistleblowers can expect, organisations can create an environment that encourages employees to voice their concerns without fear. 1. **Ensure that employees are aware of the policies and that they are regularly updated:** This can be accomplished through regular training sessions, company-wide meetings, and the use of internal communication channels. It is also beneficial to include information about whistleblowing policies in employee handbooks and onboarding materials. Regularly updating these policies is crucial to reflect changes in legal requirements and best practices. 2. **Implement whistleblowing software or** [**anonymous reporting**](/articles/anonymous-reporting-advantages-disadvantages) **channel: It is crucial to choose an appropriate channel for anonymous reporting concerns**. This might be an internal mechanism set up by the company or an external, third-party tool like [Elker](/features) to manage whistleblower reports. These platforms ensure confidentiality and often come with additional features that can help streamline the reporting process. 3. **Conduct regular** [**cultural audits**](/articles/culture-audit-guide)**:** Through anonymous surveys, [gather insights about the workplace culture](/articles/employee-engagement-survey-questions), cybersecurity practices, and general conduct. This proactive approach can help in the early detection of potential issues and reinforces the idea that management values employee feedback and is keen on fostering a positive work environment. 4. **Invest in staff training:** It's not enough to have a system; staff should be educated about it. Equip your employees with the knowledge and resources they need to report confidently. Similarly, managerial staff must be trained in handling these reports, ensuring they address them sensitively and effectively. 5. **Foster a safe and transparent workplace:** Establish a robust company policy encouraging open communication. This policy should promote a safe environment for employees to voice their concerns without fear of retaliation. Furthermore, consistently communicating this policy reinforces the company's commitment to transparency and ethical conduct. 6. **Protection against retaliation:** One of the primary reasons employees hesitate to blow the whistle on wrongdoing is the fear of retaliation. Ensure stringent whistleblower protections are in place for those who come forward, and communicate these protections regularly. 7. **Evaluation and constant improvement:** Companies can proactively address concerns by analysing recurring patterns in reports and gathering insights from managers. This iterative, data-driven approach ensures the prompt resolution of issues and paves the way for broader organisational reforms. ## Summary Whistleblowing plays a pivotal role in promoting accountability and transparency within organisations. Understanding the legal protections, benefits, and challenges associated with whistleblowing is essential for both potential whistleblowers and organisations. By developing effective policies and fostering a culture of openness, organisations can support whistleblowers and ensure that misconduct is addressed and rectified. ## How can whistleblowers protect their confidentiality? Whistleblowers can protect their confidentiality by using anonymous reporting channels like third-party hotlines. These hotlines or platforms ensure the whistleblower's identity remains concealed, providing an extra layer of security. They often use [advanced encryption technology](/security) to protect the information shared, ensuring that the data cannot be traced back to the whistleblower.  Furthermore, these channels typically allow for continuous communication between the whistleblower and the investigating body without revealing the whistleblower's identity. This ensures that the whistleblower can provide additional information or clarification if needed, without fear of exposure. By taking advantage of these anonymous reporting channels, whistleblowers can play a crucial role in promoting accountability and transparency, while also protecting their personal and professional lives. Tools like Elker can help organisations become compliant and protect their employees. ## What legal protections are available for whistleblowers? Whistleblowers can benefit from legal protections, such as the prevention of retaliation, guarantee of confidentiality, and potential for financial incentives, depending on the jurisdiction. In Australia, whistleblowers have protections outlined in the [Corporations Act 2001](/articles/corporations-act-whistleblower-protections) and the Taxation Administration Act 1953. Under these laws, whistleblowers are shielded from civil, criminal, and administrative liability for making the disclosure. They are also protected from contractual or other remedies based on the disclosure. Importantly, whistleblowers do not need to act in good faith to be protected under these Australian laws. However, they must have reasonable grounds to suspect misconduct or a breach of law. The laws also provide measures to protect the whistleblower's identity and prevent retaliation, such as dismissal, harassment, or discriminatory treatment. Furthermore, the Treasury Laws Amendment (Enhancing Whistleblower Protections) Act 2019 has broadened the scope of protected disclosures and enhanced protections for whistleblowers, including assurance of anonymity and protection against victimisation. ### Key takeaways - Whistleblowing law in Australia no longer requires the reporter to have acted in good faith. The test is whether they have reasonable grounds to suspect misconduct, which significantly lowers the bar for qualifying for protection. - A compliant whistleblower policy must cover three separate things: the legal protections available, the investigation process, and the steps taken to prevent detriment. Organisations that focus only on one of these are exposed. - Anonymous reporting is a technical problem as much as a legal one. Encryption, metadata stripping, and two-way messaging are what make anonymity actually workable, rather than nominal. - Whistleblowing and anonymous reporting are related but distinct. Whistleblowing is the act of disclosing wrongdoing, anonymous reporting is one delivery channel for it, and most organisations need the channel to unlock the act. - Culture, training, and leadership tone determine whether a policy is used. The policy itself is the minimum, not the intervention. ## Frequently asked questions Whistleblowing is disclosing information about illegal or unethical conduct in an organisation to someone with authority to act on it. Examples include fraud, data mishandling, harassment, discrimination, human rights violations, environmental damage, and non-compliance. Under the [Corporations Act 2001](/articles/corporations-act-whistleblower-protections), the conduct must involve misconduct or an improper state of affairs in a regulated entity. A personal work-related grievance does not qualify. The Treasury Laws Amendment (Enhancing Whistleblower Protections) Act 2019 expanded the definition of eligible whistleblower to include current and former employees, officers, contractors, suppliers, and their relatives and dependants. Senior managers, directors, and auditors are also eligible recipients, and in some cases journalists and members of parliament can receive public interest or emergency disclosures. No. Under the 2019 reforms, the good-faith requirement was removed. Whistleblowers need reasonable grounds to suspect misconduct or a breach of the law, but their motivation is no longer a barrier to protection. This was a deliberate policy choice to encourage more disclosures. Whistleblowing is the act of disclosing misconduct. Anonymous reporting is a delivery channel that lets someone make that disclosure without revealing their identity. The two are often discussed together because [anonymous reporting platforms](/articles/anonymous-reporting-advantages-disadvantages) remove one of the biggest barriers to whistleblowing, fear of retaliation, but you can have one without the other. In Australia, public companies, large proprietary companies, and corporate trustees of APRA-regulated superannuation entities must have a compliant whistleblower policy under the Corporations Act. Smaller organisations are not legally required to have one but are strongly encouraged to, both for risk management and to support a [speak-up culture](/articles/speak-up-culture). ASIC provides detailed guidance on what the policy should contain. ### Sources 1. Corporations Act 2001 (Cth), Part 9.4AAA, whistleblower protection provisions 2. Taxation Administration Act 1953 (Cth), whistleblower protection provisions 3. Treasury Laws Amendment (Enhancing Whistleblower Protections) Act 2019 (Cth) 4. ASIC Regulatory Guide 270: Whistleblower policies 5. European Court of Human Rights, jurisprudence recognising whistleblowing as a form of freedom of expression 6. ISO 37002:2021, Whistleblowing management systems, Guidelines _This article is general information only, not legal advice. Laws change and individual circumstances differ. For advice on your specific circumstances, consult a qualified legal practitioner. See our [Terms of Use](/policies/terms) for the full disclaimer._ ## You might also like --- url: https://elker.com/articles/what-the-respect-at-work-bill-means-for-your-business title: "What the Respect at Work Bill Means for Your Business 🧑‍🏭" description: "Understand the bill's impact on combating workplace harassment and discrimination. Learn how Elker promotes compliance in your organisation." locale: en-AU generated: 2026-07-01T14:05:41.661Z --- Jul 19, 2023 # Respect at Work Bill - What it means for your business [Compliance](/blog/compliance)[Reporting](/blog/reporting)[Respect@Work](/blog/respect-at-work) Understand the Bill's impact on combating workplace sexual harassment and discrimination. Take the steps towards compliance in your organisation. ![Creating a safe workplace: Respect at Work guide](https://media.elker.com/bc3c79b8-0afc-463d-9595-d71f0edba8fa/creating-safe-workplace.png?width=992) ByElker Editorial TeamReviewed byJack MurrayUpdated22 April 2026 **TL;DR** - The Anti-Discrimination and Human Rights Legislation Amendment (Respect at Work) Act 2022 (Cth) implemented seven key recommendations from the Australian Human Rights Commission's 2020 Respect@Work National Inquiry. The Act received Royal Assent on 12 December 2022. - The headline change is the **positive duty** on employers to take reasonable and proportionate measures to eliminate sex discrimination, workplace sexual harassment, sex-based harassment, hostile work environments on the ground of sex, and related acts of victimisation. - The Act also **expressly prohibits conduct that creates a hostile workplace environment based on sex**, lowered the threshold for sex-based harassment from "seriously demeaning" to "demeaning", extended the complaint timeframe to the AHRC from 6 to 24 months, and extended coverage to interns, volunteers, the self-employed, parliamentarians, judges, and public servants. - The AHRC has expanded enforcement powers from 12 December 2023, including inquiries, compliance notices, enforceable undertakings, and applications to the federal courts. - For most Australian businesses, the practical result is that a complaint-based approach to workplace harassment is no longer enough. Regulators now expect evidence of proactive prevention measures. The Respect at Work Bill, formally known as the _Anti-Discrimination and Human Rights Legislation Amendment Act 2022_, represents a significant shift in how Australia tackles sexual harassment, [discrimination](/articles/discrimination-in-the-workplace) and [misconduct in the workplace](/articles/dealing-with-workplace-misconduct). The legislation implements seven key recommendations from the Australian Human Rights Commission's 2020 report, the _National Inquiry into Sexual Harassment in Australian Workplaces_. New compliance requirements aim to stop sexual harassment and psychosocial harm in the workplace. They do so with flexibility and adaptability to ensure that small businesses are not burdened with the cost of implementing effective measures. There are great business reasons to meet your obligations and build a safe, ethical and compliant workplace. As we will discuss, there are penalties for non-compliance and significant financial costs associated with hostile workplaces, such as litigation and loss of employee/customer trust. > The Respect@Work Report was a call to action for governments, businesses and the community to more effectively prevent and address workplace sexual harassment. Workplace Gender Equality Agency ## **What are the changes in the Respect at Work reforms** The Respect at Work Bill makes important updates to the _Sex Discrimination Act 1984_. The key changes introduced by the Bill promote an inclusive work environment by addressing several issues: ### Prohibition of a hostile workplace environment on the ground of sex The Bill introduces a comprehensive amendment that expressly prohibits conduct that creates a hostile workplace environment based on sex. The legislation is precise, detailing the conditions under which an environment is deemed hostile. Conduct in the workplace, whether continuous or isolated, that a reasonable person considers offensive, intimidating, or humiliating due to sex, is unlawful. Various factors contribute to determining the hostility of a workplace environment, such as the severity of conduct, its frequency, and the authority of the person engaging in such conduct. The legislation recognises a range of behaviours and [misconduct](/articles/serious-misconduct) contributing to a hostile environment, including displaying inappropriate materials and offensive jokes, even if not directed towards specific individuals. ### **Positive duty on employers for elimination of discrimination** The legislation introduces a 'positive duty' on employers, urging them to be proactive in eliminating unlawful conduct. Instead of merely _reacting_ to incidents of harassment or discrimination after they occur, the emphasis is now on _prevention_. The new positive duty requires employers to take all reasonable and proportionate measures to eliminate a range of conducts, including: - Discrimination based on sex. - Workplace sexual harassment. - Sex-based harassment related to work. - Creating an environment that's hostile due to sex. - Acts of victimisation associated with the above conducts. The reach of this positive duty is extensive. Every entity governed by the Sex Discrimination Act, from individual sole traders to large business enterprises and even government agencies and bodies, is bound by this duty. Its scope ensures comprehensive coverage, encompassing employees, workers, agents, and even third parties that employees might interact with in a professional context. This includes customers, delivery personnel, and service providers. Positive duty isn't a passive requirement; businesses must take all reasonable and proportionate measures to eliminate sexual harassment in Australian workplaces. The Australian Human Rights Commission will closely monitor compliance, ensuring businesses adhere to these new standards. Recognising the unique structures of Australian businesses and organisations, the Act is both explicit in its requirements and flexible in its application. The AHRC acknowledges that businesses vary in size, nature, risks and resources. As such, while the legislation sets clear standards, it also allows adaptability. When it comes to compliance measures, what might be financially feasible for a large corporation might be impractical or too costly for a small business. The Act ensures that while standards are maintained, businesses have the flexibility to implement practical and proportionate measures to their size and nature. To effectively address workplace sexual harassment, businesses must [recognise and combat the root causes](/articles/5-risk-factors-for-sexual-harassment-in-the-workplace). This involves understanding the risks and dynamics that can lead to a hostile workplace environment and implementing reasonable and proportionate measures to counteract them. Regular training sessions, open communication channels, and clear policies can play an important role in this endeavour. For more information about the positive duty guidelines, visit our [comprehensive article](/articles/7-standards-positive-duty-sex-discrimination-act). ### Expanded power of Australian Human Rights Commission to investigate systemic unlawful discrimination The AHRC has received expanded powers to ensure businesses and organisations adhere to the new positive duty. Under the revised framework, the AHRC is now equipped to: **Initiate inquiries:** If there's a reasonable suspicion of non-compliance with the positive duty by an employer, the AHRC can launch an inquiry to assess the situation. **Offer recommendations:** Post-inquiry, the AHRC can provide actionable recommendations to the concerned employer, guiding them on preventing recurring or ongoing non-compliance. **Issue compliance notices:** These notices detail the specific actions an employer must undertake (or avoid) to rectify their non-compliance. The notice will also specify a reasonable timeframe for these actions. **Seek legal enforcement:** If an employer fails to adhere to a compliance notice, the AHRC can approach the Federal Court or the Federal Circuit and Family Court of Australia to enforce it. **Forge enforceable undertakings**: The AHRC can enter into binding agreements with employers, outlining specific actions and ensuring compliance. **Publish guidelines:** AHRC can create and disseminate guidelines on complying with the positive duty. **Investigate systemic discrimination:** The AHRC can investigate issues that hint at suspected systemic unlawful discrimination, which refers to continuous, repetitive, or patterned discrimination affecting a group or class of individuals. **Facilitate representative complaints:** If a representative body wishes to escalate a complaint on behalf of one or more affected individuals, the AHRC can assist in transitioning the complaint from conciliation to a court application. Employers must note that these expanded powers of the AHRC will be operational **on 12 December 2023**. ### Facilitating complaints from AHRC to federal courts In a significant move to ensure justice, the Act now allows representative bodies to escalate complaints from conciliation at the AHRC directly to the federal courts. This ensures that grievances are addressed at the highest levels and that victims have a clear path to justice. ### Mandatory reporting for Commonwealth public sector Commonwealth public sector organisations must annually report on specific gender equality indicators, similar to their counterparts in the private sector. By doing so, the Bill ensures that both public and private sectors are held to consistent standards on gender inequality, fostering a more inclusive and equal workplace across the board. ### Clarification on victimisation as a basis for civil action The legislation now clarifies that [victimisation](/articles/what-is-unlawful-victimisation-in-the-workplace) can be the foundation for a civil action of alleged unlawful discrimination. If someone faces adverse treatment or retaliation for standing up against discrimination, they can now take legal action more easily. In essence, if you're penalised for calling out discrimination at work, the law is now more firmly on your side, offering a clearer path to seek justice. ### Extended timeframe for filing discriminatory complaints The Bill acknowledges the complexities and emotional challenges faced by victims of discrimination. The legislation has revised the timeframe for lodging complaints under anti-discrimination laws to address this. Previously, the Australian Human Rights Commission could terminate complaints if they were made more than six months after the alleged incident. However, this period has been extended to 24 months with the new amendments. This change ensures that victims have ample time to process their experiences, seek necessary support, and make an informed decision about pursuing a complaint. It provides a more compassionate and realistic window for victims to come forward, ensuring their rights are upheld and they have a fair chance at seeking redress. ### Redefined threshold for sex-based harassment The Bill has amended the definition of sex-based harassment in the _Sex Discrimination Act 1984_ and the _Fair Work Act 2021._ The threshold for such conduct has been lowered from "serious demeaning conduct" to simply "demeaning conduct", ensuring that even subtle forms of harassment are addressed. This modification ensures a more inclusive understanding of harassment. It recognises that even less overt forms of demeaning behaviour, which might not be overtly "serious", can still profoundly impact the individual at the receiving end. Such a change reflects a more nuanced understanding of workplace dynamics and the subtle ways discrimination can manifest. ### **Comprehensive protection for all workers** The Act broadens the umbrella of protection to cover a broader range of individuals in the workplace. All paid and unpaid workers, which include interns, apprentices, volunteers, and the self-employed, are now explicitly protected against sex-based and sexual harassment in the workplace. The legislation extends the scope of the _Sex Discrimination and Fair Work Act 2021_ to cover all State and Federal parliament members, judges and their staff, consultants, and state and territory public servants. > The right of workers to be free from sexual harassment is a human right, a workplace right and a safety right. This legislative reform will create a regulatory environment in Australia that is key to the realisation of that right for all Australian workers. Kate Jenkins, Australia's former sex discrimination commissioner ## **How does the anti-discrimination legislation affect my business?** The Respect at Work Bill will directly impact how businesses and organisations operate in Australia. The Bill signifies a shift in focus from complaint-based mechanisms to prevention, placing greater responsibility on employers and organisations to proactively ensure a discrimination and harassment-free environment. **From 12 December 2023**, the Australian Human Rights Commission has the power to enforce the positive duty compliance. Businesses and organisations should take immediate steps to meet compliance. ### **Immediate steps for businesses** #### **1\. Conduct a risk assessment** Before implementing any changes, understand where your organisation stands. Conduct a thorough risk assessment to gauge your workplace culture and identify potential areas of concern. This will provide a roadmap for the changes you need to implement. Alongside a risk assessment, consider conducting a [culture audit](/articles/culture-audit-guide). This involves [gathering employee feedback](/articles/anonymous-employee-feedback) to uncover hidden risks or issues that might not be immediately apparent. A culture audit can provide invaluable insights into the lived experiences of your employees, highlighting areas that need attention. #### 2\. Align your policies with the new legislation Review your current guidelines and refine workplace policies. Ensure they are in line with the Respect at Work Bill. This might mean updating certain sections or overhauling them entirely. #### 3\. Revise workplace procedures It's not just about having policies in place; it's about ensuring they are actionable. Refine your workplace procedures to ensure they align with the new legislation. This includes [implementing secure and transparent reporting mechanisms](/articles/whistleblowing-software) and ensuring clear channels for addressing sexual harassment and sex-based discrimination in the workplace.  Consider implementing anonymous reporting software. Such tools can be instrumental in the early detection of workplace issues, allowing employees to report concerns without fear of retaliation. By upholding the privacy and safety of the reporter, you encourage more people to come forward with concerns, [fostering a culture](/articles/speak-up-culture) of trust integral to a safer work environment. #### 4\. Education is Key Awareness is the first step to prevention. Once you've updated your policies, it's crucial to communicate these changes. Prioritise staff training to ensure everyone knows the changes and understands their implications. This will foster a culture of respect and understanding, reducing the likelihood of incidents. Ensure that all managers and workers in your organisation are aware of the updated policies. Regular reminders and training sessions help reinforce these policies' importance and ensure compliance. Consider adopting [bystander training](/articles/bystander-effect-in-the-workplace). Bystander training is designed to empower individuals to intervene in unlawful conduct situations to prevent workplace sexual harassment, discrimination and violence. Such training can be a game-changer in shifting workplace culture. ## Resources for businesses To assist organisations with these new requirements, the AHRC has launched a [Respect@Work website](https://www.respectatwork.gov.au/) with resources, guidelines, and fact sheets. Additionally, the [Elker blog](/blog) will keep you updated on all legislative changes and how to implement these measures in the workplace. **Update:** On 9 August 2023, the Australian Human Rights Commission (AHRC) unveiled new guidelines for positive duty compliance and respectful workplaces. We discuss these guidelines and the seven Standards necessary to foster a safe workplace culture in an article here: [Respect@Work: New guidelines for positive duty compliance](/articles/7-standards-positive-duty-sex-discrimination-act). ## Workplace sexual harassment matters Creating a safe, ethical, and compliant workplace entails more than merely following the rules. It necessitates cultivating a culture of respect and transparency where every employee feels valued and safeguarded. ### **Fostering respect and openness** Establishing [an environment where respect is the norm](/articles/respect-in-the-workplace) serves as the initial step. This process should encompass demonstrating appropriate behaviours across all organisational levels and delivering targeted training that underscores respectful and ethical conduct. ### **Supporting open communication** Another significant step is to provide anonymous channels for employees to inquire about policies. These avenues can encourage the reporting of concerns to clarify rights and obligations. Such an approach can prevent incidents from escalating into major issues. The establishment of a secure system to document incidents relating to sexual harassment in the workplace is critical. ## **Tackle harassment, discrimination and financial crime in the workplace** Elker is an [anonymous reporting system for employees](/articles/anonymous-reporting-advantages-disadvantages) to report issues in the workplace. By offering a platform for open dialogue, Elker helps businesses meet legislative compliance and create an environment where everyone feels secure and acknowledged. Its comprehensive tools, including pulse surveys, employee feedback, and detailed analytics, empower organisations to proactively identify and address workplace issues. The advantage of Elker is its proactive nature. By identifying and addressing risks early on, businesses can prevent potential legal challenges, safeguarding their reputation and financial wellbeing. Elker addresses these challenges head-on and paves the way for a culture of trust and continuous growth. For modern governance, tools like Elker are not just beneficial but essential. With Respect at Work positive duty compliance now enforceable, organisations must take immediate steps. [Book a demo](/book-demo) and see how Elker can address your organisation's needs. ### Key takeaways - The positive duty shifts Australian law from a reactive to a preventative model. Not receiving complaints is no longer evidence that an employer is compliant. - The Act lowered the threshold for sex-based harassment, meaning even subtle forms of demeaning conduct can now form the basis of a complaint. - Representative bodies can now escalate complaints directly from AHRC conciliation to the federal courts, giving affected workers a faster path to remedy. - Complaint timeframes for lodging with the AHRC have been extended from 6 to 24 months, acknowledging the time victims may need before coming forward. - Coverage now explicitly includes paid and unpaid workers, interns, volunteers, the self-employed, parliamentarians, judges and their staff, consultants, and state and territory public servants. ## Frequently asked questions The Anti-Discrimination and Human Rights Legislation Amendment (Respect at Work) Act 2022 (Cth) is the federal legislation that implemented key recommendations from the Australian Human Rights Commission's 2020 Respect@Work National Inquiry. It received Royal Assent on 12 December 2022 and amended several pieces of federal law to strengthen protections against sexual harassment and sex discrimination. The headline change is a positive duty on employers to take reasonable and proportionate measures to eliminate unlawful conduct, shifting the regulatory model from complaint-based enforcement to proactive prevention. Respect@Work refers to the Australian national inquiry into sexual harassment in the workplace, culminating in the Respect@Work Report released in March 2020 by the Australian Human Rights Commission. The report found that 33% of Australian employees experienced sexual harassment in the workplace over five years, with higher incidences among women (39%) than men (26%), and concluded that harassment was prevalent across all industries and levels. It made 55 recommendations to government, agencies, the private sector, and the community. The Respect at Work Act 2022 implemented several of those recommendations into federal law. The positive duty requires employers and PCBUs to take reasonable and proportionate measures to eliminate, as far as possible, five categories of unlawful conduct: sex discrimination, workplace sexual harassment, sex-based harassment, conduct creating a hostile workplace environment on the ground of sex, and related acts of [victimisation](/articles/what-is-unlawful-victimisation-in-the-workplace). See our detailed guide to the [seven standards of the positive duty](/articles/7-standards-positive-duty-sex-discrimination-act) for the AHRC compliance framework. The Australian Human Rights Commission's expanded enforcement powers over the positive duty came into effect on 12 December 2023. The AHRC can now conduct inquiries where it has reasonable suspicion of non-compliance, offer recommendations, issue compliance notices specifying actions an employer must take within a reasonable timeframe, enter enforceable undertakings, and apply to the Federal Court or Federal Circuit and Family Court of Australia to enforce compliance. It can also investigate systemic unlawful discrimination affecting a group or class of individuals. Yes. Every entity governed by the Sex Discrimination Act is subject to the positive duty, from sole traders to large corporations. The AHRC applies a proportionality test, so what is expected of a small business differs from what is expected of a large corporate, but the duty itself applies universally. The Act recognises that businesses vary in size, nature, risks, and resources, and allows adaptability in how the positive duty is met in practice. The cost protection provision safeguards complainants from bearing excessive legal costs when raising workplace discrimination matters. It aims to maintain the status quo on financial risk for people bringing a claim, so that fear of a prohibitive costs order does not deter victims from pursuing justice. In practice, this means a complainant who loses at the federal court level is less likely to be ordered to pay the respondent's costs than would otherwise be the case, removing one of the practical barriers to complaints progressing from AHRC conciliation. The article recommends four practical steps: conduct a thorough risk assessment and [culture audit](/articles/culture-audit-guide) to understand current exposure, align workplace policies with the new legislation, revise procedures to include transparent reporting mechanisms such as anonymous reporting software, and deliver training to managers and staff including bystander intervention training. Regulators now expect evidence of proactive prevention measures rather than an absence of complaints. ### Sources 1. Anti-Discrimination and Human Rights Legislation Amendment (Respect at Work) Act 2022 (Cth) 2. Sex Discrimination Act 1984 (Cth), s 47C, positive duty 3. Australian Human Rights Commission, Respect@Work: National Inquiry into Sexual Harassment in Australian Workplaces (2020) 4. Australian Human Rights Commission, Guidelines for Complying with the Positive Duty (2023) 5. Respect@Work resources portal (respectatwork.gov.au) _This article is general information only, not legal advice. Laws change and individual circumstances differ. For advice on your specific circumstances, consult a qualified legal practitioner. See our [Terms of Use](/policies/terms) for the full disclaimer._ ## You might also like --- url: https://elker.com/articles/whistleblowing-in-aged-care title: "Whistleblowing in Aged Care - The New Aged Care Act (2025)" description: "Whistleblowing in aged care is vital for ensuring the safety of our elderly population. Learn about the new Aged Care Act and whistleblower protections." locale: en-AU generated: 2026-07-01T14:05:41.712Z --- Jan 30, 2024 # Whistleblowing in Aged Care: Protections Under the New Aged Care Act [Reporting](/blog/reporting)[Compliance](/blog/compliance) Whistleblowing in aged care is vital for ensuring the safety and well-being of our elderly population. This article delves into the new Aged Care Act and its provisions for whistleblower protection. We explore how these protections will allow individuals to report misconduct without fear of retaliation. ![Whistleblowing in aged care: protections under the new Aged Care Act](https://media.elker.com/a4968980-0945-44eb-b4d5-580efb1bbb21/new-aged-care-act.png?width=992) ByElker Editorial TeamReviewed byJack MurrayUpdated22 April 2026 **TL;DR** - The Royal Commission into Aged Care Quality and Safety (2018 to 2021) found the Aged Care Act 1997 was no longer fit for purpose and recommended a rights-based replacement that strengthens whistleblower protections and makes worker voice a structural control in the sector. - The Aged Care Act 2024 (Cth) commenced 1 November 2025 (deferred from the original 1 July 2025 date) and introduces sector-specific speak-up obligations, including mandatory whistleblower protections, confidentiality for disclosers, and training requirements for staff who receive disclosures. - Protected disclosures can be made by aged care workers, responsible persons of registered providers, recipients of aged care services, and their carers and advocates. Disclosures can be made to staff of the Aged Care Quality and Safety Commission, the Department of Health, aged care workers, police, and other authorised individuals. - Mandatory incident reporting under the Serious Incident Response Scheme (SIRS) sits alongside the new whistleblower regime. SIRS has applied to residential aged care since 1 April 2021 and to home care since 1 December 2022, and covers unreasonable use of force, unlawful sexual contact, inappropriate sexual conduct, psychological or emotional abuse, and neglect. - Providers must operate an incident management system, a complaints management system, whistleblower protections, and staff training on handling disclosures. Non-compliance can trigger civil penalties, non-compliance notices, and revocation of approved provider status. ## Key takeaways - The Royal Commission found that the Aged Care Act 1997 is no longer fit for purpose. - The forthcoming Aged Care Act (expected 1 July 2025) will transition to a rights-based approach to aged care and enhance whistleblower protections. - Whistleblowing protections are aimed at ensuring the provision of safe, transparent care for residents in aged care facilities. - The enhanced protections will motivate employees, patients, and other stakeholders to not only report compliance-related issues but also voice their concerns about the overall quality of care and any potential rights violations. - Aged care providers will be required to implement a whistleblowing system, and train their staff to handle whistleblower disclosures. ## **Background: The Royal Commission into Aged Care Quality and Safety** In 2017, [revelations](https://www.abc.net.au/news/2018-02-13/oakden-senate-inquiry-criticises-government-response-times/9443778) came to light after family members of patients at a South Australian healthcare service reported elder abuse and systemic neglect in the facility. The shocking incidents at Oakden Older Persons Mental Health Service prompted a [Royal Commission into Aged Care Quality and Safety](https://www.royalcommission.gov.au/aged-care). The facility's failures were emblematic of broader concerns about the quality and safety of aged care services across Australia. In the proceeding investigation, the Royal Commission revealed a multitude of systemic failures that went beyond individual health facilities. These findings painted a grim picture of a sector in need of significant reform, from its culture and leadership to its approach to training and accountability. ### Final report The [Royal Commission's final report](https://www.royalcommission.gov.au/aged-care/final-report) in March 2021 presented a comprehensive review of the aged care sector. Among its numerous recommendations, the report emphasised the need for: - **A new Aged Care Act:** The Commission recommended replacing the Aged Care Act 1997. This new act would be [person-centred](/articles/person-centred-and-trauma-informed-approach) and prioritise the rights, needs, and preferences of the elderly. - **Strengthened regulation:** The establishment of an independent Aged Care Commission to oversee the approval, accreditation, assessment, complaints resolution, and monitoring of aged care providers. - **Improved staffing:** The report emphasised the need for better staffing ratios, more training, and better pay for aged care workers to ensure quality care. - **Increased transparency:** Aged care providers should be mandated to report on care standards, staffing levels, and instances of substandard care. - **Enhanced home care:** The Commission recommended increased funding and support for home care services, allowing more Australians to receive treatment and services in their homes. - **Better integration with health services:** The report highlighted the need for better integration between aged care services and other health services, ensuring comprehensive coverage for the elderly. - **Reporting hotline:** A robust system for reporting and addressing complaints, highlighting the [importance of whistleblowing](/articles/what-is-whistleblowing) as a means to identify and rectify issues in the sector. ![Whistleblowing in aged care: obligations for aged care providers infographic](https://media.elker.com/7d46b384-583d-40a1-a780-afd259a24be4/obligations-new-aged-care-act.png?width=992) ## The new Aged Care Act and whistleblower protections The **new Aged Care Act in Australia is expected 1 July 2025.** The Act aims to enhance whistleblower protections, particularly addressing the concerns raised by the Royal Commission about the fear of reprisal deterring complaints in residential aged care facilities. These changes are designed to bring aged care whistleblower protections more in line with those found in the whistleblower legislation of the [Corporations Act 2001](/articles/corporations-act-whistleblower-protections) and the National Disability Insurance Scheme (NDIS) Act. ### **Summary of changes** **Expanded protections**: The Act is set to broaden the scope of reportable incidents, which currently focus on serious incidents under the Serious Incident Response Scheme (SIRS). The new provisions will encompass services provided in home and community-based aged care settings. **Who can disclose**: The new Act allows a broad range of individuals, such as aged care workers, responsible persons of registered providers, and recipients of aged care services, along with their carers and advocates, to make disclosures. **Disclosure recipients**: Disclosures can be made to various officials, including staff of the Aged Care Quality and Safety Commission, the Department of Health, aged care workers, police officers, and other authorised individuals. **Disclosure requirements**: To be protected, whistleblowers must provide their name, have reasonable grounds to suspect a violation of aged care legislation, and make the disclosure in good faith. **Anonymous complaints**: The Act encourages whistleblowers to disclose their identity, but it still allows for anonymous complaints. **Empowerment and prevention**: The proposed changes aim to empower individuals to report potential breaches of the law without fear of repercussions, which is crucial for safeguarding older people in funded aged care services. ### Types of protected disclosures Under the new Aged Care Act, protected disclosures encompass reports of wrongdoing in aged care homes and misconduct within the government-funded aged care sector. It is important to note that the protection for whistleblowers is restricted to disclosing information about reportable incidents, and other types of disclosures may not be protected. ### Legal safeguards and confidentiality Whistleblowers in aged care are provided with legal safeguards, including protection from civil or criminal liability, voided contractual obligations, and the assurance of confidentiality. Public companies or large proprietary companies must have a whistleblower policy by 1 January 2020. This policy should meet the requirements set out in the Whistleblower Law and any related regulations. Adherence to these legal safeguards and preservation of confidentiality allows aged care providers to foster an environment where whistleblowers feel secure reporting [witnessed misconduct](/articles/bystander-effect-in-the-workplace), ensuring superior care quality for aged care residents. ## Current mandatory reporting laws in aged care Mandatory reporting laws in aged care are outlined in the Aged Care Act of 1997, which ensures that reportable incidents are reported in accordance with the guidelines set out in the Act to guarantee the safety of residents in aged care facilities. The Serious Incident Response Scheme (SIRS) is an example of such mandatory reporting. It focuses on the prevention and reduction of abuse and neglect incidents in aged care settings. ### Serious Incident Response Scheme (SIRS) The SIRS is a national framework formulated to guarantee proper management and reporting of serious incidents in residential aged care. It aims to minimise the abuse and neglect of older people receiving aged care services. Aged care providers who receive Commonwealth funding are required to adhere to the SIRS, which mandates the reporting and response to serious incidents. The SIRS was implemented on 1 April 2021 for residential aged care and on 1 December 2022 for home care services, with the objectives of [minimising the risk of abuse](/articles/5-risk-factors-for-sexual-harassment-in-the-workplace) and neglect of older Australians in residential services and assisting in the reduction of abuse and neglect of older people receiving aged care services. ### Types of reportable incidents Under the SIRS, reportable incidents cover a broad spectrum of [serious misconduct](/articles/serious-misconduct), including: - Unreasonable use of force - Unlawful sexual contact - Inappropriate sexual conduct - Psychological or emotional abuse These incidents highlight the need for vigilant reporting and whistleblowing to ensure the safety and well-being of aged care residents. Beyond the previously mentioned incidents, the SIRS also considers neglect, defined as a breach of duty of care leading to harm, injury, poor health outcomes, or emotional distress, as a reportable incident. This further underscores the importance of whistleblowing and reporting mechanisms in aged care. ### Reporting process The reporting process under the SIRS involves the following steps: - Comprehending the incident - Addressing the incident - Documenting and reporting the incident - Examining the incident Reports, including the final report, must be submitted to the relevant authorities, such as the Department of Health and Aged Care and the Aged Care Quality and Safety Commission. The SIRS requires specific templates and forms for incident reporting, available on the Aged Care Quality and Safety Commission website. This standardised reporting process ensures a consistent approach to documenting and addressing incidents across the aged care sector. ### Consequences of non-compliance Failing to comply with mandatory reporting laws in aged care can lead to severe consequences, including penalties, sanctions, and reputational damage. Non-compliance with the Aged Care Act can result in fines of up to $55,500 for individuals, revocation of approved provider status, and the imposition of sanctions. Aged care providers who do not comply with the Serious Incident Response Scheme may face additional consequences, including findings of non-compliance, sanctions, and potential ramifications on the quality of care provided to residents. This emphasises the critical nature of compliance with mandatory reporting laws in aged care. ## Obligations for aged care providers The Department of Health and Aged Care's latest consultation paper, [A New Aged Care Act exposure draft](https://www.health.gov.au/resources/publications/exposure-draft-aged-care-bill-2023), was drafted in December 2023. In summary, aged care providers will be obligated to: - Implement and maintain an [incident management system](/articles/incident-management-system-aged-care) - Implement and maintain a complaints management system - Implement measures to protect whistleblowers - Train aged care workers to handle whistleblower disclosures - Ensure compliance with mandatory reporting laws. Aged care providers must adhere to a clear process for reporting incidents, document and address serious incidents, and submit regular reports to the relevant authorities. By identifying, recording, managing, resolving, and reporting all serious incidents that occur or are alleged, providers can ensure compliance and accountability in the sector. Non-fulfillment of these obligations can lead to penalties, including: - Civil penalties - Non-compliance Notices - Revocation of approved provider status - Imposition of sanctions Therefore, aged care providers must prioritise compliance with legislation and proper governance. ## The importance of speaking up in aged care Voicing concerns in aged care plays a critical role in identifying and addressing poor care, abuse and [discrimination](/articles/discrimination-in-the-workplace). It builds a culture where openness and responsibility thrive. Whistleblowing is key to [uncovering misconduct](/articles/dealing-with-workplace-misconduct), thus elevating care standards and safeguarding aged care residents. For aged care providers, effective whistleblowing programs are essential. They enable: - Fair and clear investigations initiated by whistleblower reports. - Encouragement for staff and family members to report concerns. - Continual maintenance of high care standards. - Prompt response to emerging issues. [Anonymous reporting](/articles/anonymous-reporting-advantages-disadvantages) of incidents in aged care is particularly important to safeguard the well-being of the patient or resident. Elderly individuals are often in a vulnerable position and can be at risk of adverse reactions when incidents are reported.  By implementing a whistleblowing system like Elker, you are ensuring that the [safety and dignity of staff and residents](/articles/psychologically-safe-workplace)are prioritised and that any potential harm following a report is minimised.   ## Summary The upcoming Aged Care Act marks a significant step in safeguarding aged care residents in Australia. It introduces whistleblower protections and calls for the implementation of robust incident management and whistleblowing systems, crucial for maintaining high standards of care. These protections ensure that patients, family members, and staff can report issues without fear of retaliation or [victimisation](/articles/what-is-unlawful-victimisation-in-the-workplace). For aged care facilities, implementing a whistleblowing program goes beyond meeting legal requirements. It's about creating a culture where safety and quality are paramount. These programs play a crucial role in safeguarding individuals who [speak up](/articles/speak-up-culture), while also helping to uncover and resolve problems that may not be immediately apparent. Elker is here to assist aged care providers with setting up and maintaining a complaints management system. Its secure, user-friendly incident management and [whistleblower tools](/articles/whistleblowing-software) are designed to streamline compliance and facilitate effective reporting. With Elker, aged care facilities can confidently navigate the complexities of the new Aged Care Act, and ensure a safer and more accountable environment for their residents. For a tour of the platform, [book a demo with Elker today](/book-demo). ### Key takeaways - Aged care whistleblowing overlaps with mandatory incident reporting, but the two regimes have different thresholds, recipients, and consequences. A single system should be designed to satisfy both without forcing staff to decide which label applies. - Residents and their families are explicitly in scope as disclosers under the new Act. Channels designed only for staff miss a large proportion of the concerns the Royal Commission said should be surfaced. - Anonymity is especially important in aged care. Workers are often in casual, labour-hire, or visa-dependent employment, which makes identified disclosure risky, and residents may fear retaliation against themselves or their loved ones. - Trauma-informed response is expected. Disclosures in aged care frequently involve people who have already experienced harm, and the process of investigating must be designed not to cause more. - Compliance is cumulative. Operating SIRS, a complaints system, a whistleblower regime, and the Aged Care Quality Standards in parallel requires a single platform that can route concerns to the right track without relying on the reporter to classify them. ## Frequently asked questions The Aged Care Act 2024 strengthens whistleblower protections so they are closer to those in the [Corporations Act 2001](/articles/corporations-act-whistleblower-protections) and the NDIS Act. Disclosers are protected from civil and criminal liability for protected disclosures, contractual obligations that would otherwise restrict disclosure are voided, and confidentiality of the discloser's identity is required. Providers must maintain whistleblower policies, protect reporters from detriment, and train staff to handle disclosures. The Act defines disclosers broadly. Eligible people include aged care workers, responsible persons of registered providers, recipients of aged care services, and their carers and advocates. Disclosures can be made to staff of the Aged Care Quality and Safety Commission, the Department of Health, aged care workers, police officers, and other authorised individuals. Anonymous disclosures are permitted, though the Act encourages disclosers to identify themselves where possible. The Serious Incident Response Scheme covers unreasonable use of force, unlawful sexual contact, inappropriate sexual conduct, psychological or emotional abuse, and neglect defined as a breach of duty of care causing harm, injury, poor health outcomes, or emotional distress. SIRS applies to residential aged care from 1 April 2021 and to home care from 1 December 2022. Reports go to the Department of Health and Aged Care and the Aged Care Quality and Safety Commission via standardised templates. See our guide to [incident management systems for aged care](/articles/incident-management-system-aged-care). Failure to comply with mandatory reporting obligations can trigger civil penalties, non-compliance notices, sanctions, revocation of approved provider status, and reputational damage. The Act sets significant individual and corporate penalties, and the Aged Care Quality and Safety Commission has escalating enforcement tools for providers that fall short. Aged care workers are often in precarious employment (casual, labour-hire, visa-dependent), which makes identified disclosure risky. Residents may also fear adverse reactions if a complaint is traced back to them or their family. Anonymous channels with end-to-end encryption and two-way messaging remove several of those barriers at once and tend to produce substantially higher disclosure rates than identified-only channels. A [speak-up culture](/articles/speak-up-culture) combined with well-designed anonymous tooling is the most reliable way to surface concerns early. ### Sources 1. Royal Commission into Aged Care Quality and Safety, Final Report (March 2021) 2. Aged Care Act 2024 (Cth), commenced 1 November 2025 (deferred from 1 July 2025) 3. Aged Care Quality and Safety Commission, guidance on the Serious Incident Response Scheme 4. Aged Care Quality and Safety Commission Act 2018 (Cth) 5. Corporations Act 2001 (Cth), Part 9.4AAA, whistleblower protection provisions applicable to corporate providers 6. Department of Health and Aged Care, A New Aged Care Act: Exposure Draft and consultation materials _This article is general information only, not legal advice. Laws change and individual circumstances differ. For advice on your specific circumstances, consult a qualified legal practitioner. See our [Terms of Use](/policies/terms) for the full disclaimer._ ## You might also like --- url: https://elker.com/articles/whistleblowing-software title: "Best Whistleblowing Software 2026 (15 Vendors Compared)" description: "15 whistleblowing software platforms compared for 2026 across security, anonymous intake, case management, analytics, and regulatory coverage (EU Directive, Corporations Act, SOX). Includes feature matrix and best-fit guidance." locale: en-AU generated: 2026-07-01T14:05:41.837Z --- Jan 8, 2025 # Best whistleblowing software 2026: 15 vendors compared (features, pricing, compliance) [Reporting](/blog/reporting) A 2026 comparison of 15 whistleblowing software platforms across security, anonymous intake, case management, analytics, and regulatory coverage (EU Whistleblowing Directive, Australian Corporations Act, Sarbanes-Oxley). Includes a feature matrix and best-fit guidance by company size. ![Best Whistleblowing Software 2025](https://media.elker.com/9a3b68e0-4dc7-4f45-aa3a-6bfd5894b9be/essential_guide_to_whistleblowing_f2c930ce0e.png?width=992) ByElker Editorial TeamReviewed byJack MurrayUpdated29 April 2026 **TL;DR** - Whistleblowing software is a purpose-built platform for receiving, triaging, investigating, and reporting on disclosures of workplace misconduct. A compliant system covers security, anonymous intake, case management, analytics, usability, integrations, training, and data protection in a single workflow. - End-to-end encryption, ISO 27001 alignment, and a clear data policy are baseline security requirements. Anything short of that exposes the organisation and the reporter. - Anonymous two-way messaging (secure live chat) is the capability that turns a reporting form into a real whistleblowing channel. It lets investigators follow up without identifying the reporter and handles both anonymous and confidential reporting modes. - Case management, analytics, and dashboards convert raw disclosures into decisions. Look for intuitive routing, status tracking, trend analysis, and board-ready reports. - Regulatory alignment matters. Good platforms explicitly list the regimes they comply with (Corporations Act in Australia, EU Whistleblowing Directive, Sarbanes-Oxley, Protection of Whistleblowers Act) and are often founded by people with legal or compliance backgrounds. ## Comparison table Scroll to the right to see the features comparison between top whistleblowing software providers. Pricing Based in Market Features Anonymous reporting Confidential reporting Voice reporting Pulse surveys Advanced case management Analytics iPhone/Android app In-app legal expertise Personalised onboardings End-to-end encryption Languages Auto-translation Compliance ISO 27001 SOC 2 SOX (USA) EU Directive (EU) GDPR (EU) Corporations Act (AU) Sex Discrimination Act (AU) [Elker](https://elker.com) Price on request Australia ANZ & International All [FaceUp](https://www.faceup.com/en) From $49 USD/month Czechia International via partners 113 [Whistleblower Software](https://whistleblowersoftware.com/en) From €70/month Denmark International via partners 80 [AllVoices](https://www.allvoices.co) From $110 USD/month USA International English To English [Falcony](https://www.falcony.io) From €120/month Finland EU 29+ [Whistlelink](https://www.whistlelink.com) From €49/month Sweden International (EU focus) via partners 1+ [Suggestion Ox](https://suggestionox.com) From $83 USD/month USA USA English [CaseIQ](https://www.caseiq.com/) Price on request Canada International 150+ [Canary](https://www.canary-whistleblowing.com/en/) Price on request Indonesia, Malaysia, Thailand Southeast Asia 3+ [Vault Platform](https://vaultplatform.com) Price on request United Kingdom International (EU/US focus) 75 [Legality Whistleblowing](https://www.whistleblowing.software/en/app-legality-whistleblowing-software/) From €29/month Italy EU 10+ [Whistle Willow](https://scrummaister.com/ww) 50c/user/month Sweden EU [Navex One](https://www.navex.com/en-us/products/) From €133/month USA International 10+ [EQS Integrity Line](https://www.eqs.com/compliance-solutions/integrity-line/) Price on request Germany International 80+ [Ethico (formerly ComplianceLine)](https://ethico.com) Price on request USA International All Note: the information in this table has been sourced from publicly available data. If there are any inaccuracies, please [contact us](/contact). ![Elker's iOS and Android apps for anonymous reporting in the workplace](https://media.elker.com/c076908e-c597-4956-b3d7-5b1882a9d7d8/elker-ios-android-app.png?width=992) [ ## 1\. Elker ](https://elker.com) Price: [Price on request](/pricing) Based in: Australia Market: Australia, New Zealand & International Elker is a powerful and configurable anonymous reporting platform. It empowers employees to voice concerns on issues such as sexual harassment, [discrimination](/articles/discrimination-in-the-workplace), financial misconduct, and work health and safety. Crafted by legal professionals with a deep understanding of Australia and New Zealand's regulatory landscape, Elker aligns with key Australian legislation including the Sex Discrimination Act, Workplace Health and Safety laws, Corporations Act, [Public Interest Disclosure Act](/articles/public-interest-disclosure-act-2013), and [Respect@Work reforms](/articles/what-the-respect-at-work-bill-means-for-your-business). Elker also aligns with best practices for due diligence in the Health and Safety at Work Act, the Protected Disclosures (Protection of Whistleblowers) Act and the Human Rights Act in New Zealand. The platform offers [advanced features](/features) such as comprehensive case management pathways, group reporting, pulse surveys, and real-time analytics tailored to fit each organisation's unique needs. Built with ISO 27001 standards, Elker assists businesses in the early detection of workplace issues, contributing to a safer and more inclusive work environment. Elker is used by the University of Melbourne, Allens, Fujitsu and Stanwell. ![Whistleblowing software: FaceUp](https://media.elker.com/065af254-e4da-4dd9-824d-c3ad668ae132/faceup.png?width=992) [ ## 2\. FaceUp Whistleblowing System ](https://www.faceup.com/en) Price: From $49 USD/month Based in: Czechia Market: International Reviews: 4.9 stars (60 reviews) on G2 FaceUp Whistleblowing System is a centralised platform for managing and addressing [whistleblowing](/articles/what-is-whistleblowing) reports. Designed for employees and students, it provides a secure solution for reporting wrongdoing. With case management, customisable reporting channels, and an emphasis on transparency and a positive organisational culture, FaceUp stands out as a comprehensive solution. It is compliant with both GDPR and all whistleblower protection laws, ensuring a high level of data protection and anonymity. Furthermore, it has an easy setup process, allowing a reporting link to be created in just 15 minutes. With FaceUp, organisations can automate HR administration tasks, streamlining processes and ensuring a more efficient workflow. However, its strong alignment with EU regulations may make it less suitable for organisations outside the EU. ![Whistleblowing software: Whistleblower Software](https://media.elker.com/344dc63f-199d-4f6c-87d4-8e6bfa0d24ee/whistleblower-software.png?width=992) [ ## 3\. Whistleblower Software ](https://whistleblowersoftware.com/en) Price: From €70/month Based in: Denmark Market: International (focus on EU) Reviews: 5 stars (102 reviews) on G2 Whistleblower Software is a secure whistleblowing system trusted by organisations in over 80 countries. It is built to comply with the EU Whistleblower Directive and other major privacy laws, including GDPR. This makes it a compliant solution that fits the requirements of EU-based businesses. The platform is designed to cater to organisations of varying sizes, from small and medium enterprises to large organisations. The core feature of the anonymous reporting platform is a function that allows for confidential or anonymous two-way communication. This feature ensures that whistleblowers and those assigned to handle reports within an organisation can interact securely. ![Whistleblowing software: All Voices](https://media.elker.com/fc4baae9-3e76-4a59-889b-df0aba0b3a61/allvoices.png?width=992) [ ## 4\. AllVoices ](https://www.allvoices.co/) Price: From $110 USD/month Based in: USA Market: International (focus on US market) Reviews: 4.4 stars (72 reviews) on G2 AllVoices is an employee relations platform designed to streamline the management of workplace issues. It offers a centralised solution for collecting, managing, and resolving various employee concerns. The platform is equipped with features like HR case management, workplace investigations, and anonymous reporting, making it easier for companies to address and resolve internal issues effectively. AllVoices stands out with its AI-generated insights, which aid companies in taking proactive measures against workplace problems. This technology-driven approach ensures a safer and more responsive work environment. ![Whistleblowing software: Falcony](https://media.elker.com/61c82693-5d4b-4db1-b1f5-08f94403c665/falcony.png?width=992) [ ## 5\. Falcony ](https://www.falcony.io/) Price: From €120/month Based in: Finland Market: EU Reviews: 4.8 stars (33 reviews) on Capterra Falcony is a whistleblowing tool designed to involve employees in conducting audits and checks and reporting any identified incidents or deviations. Falcony is browser-based and compatible with all devices, making it easy for employees to report on the go and continue their work on a computer if needed. Falcony's platform provides comprehensive administrative features, allowing for full customisation. This ensures that your [organisation's feedback forms](/articles/anonymous-employee-feedback) are specifically tailored to fit your needs. It also includes user rights, roles, tags, and automated workflows, ensuring that information is automatically forwarded to the right people. Real-time statistics provided by Falcony enable organisations to identify trends and analyse risks in their operational environment, enhancing case management effectiveness. ![Whistleblowing software: WhistleLink](https://media.elker.com/8a1b0d8d-2bbf-43e9-8693-bf618dded41e/whistlelink.png?width=992) [ ## 6\. Whistlelink ](https://www.whistlelink.com/) Price: From €49/month Based in: Sweden Market: International (focus on EU market) Reviews: 5 stars (23 reviews) on G2 Whistlelink, a web-based whistleblowing solution, provides a safe and anonymous platform for individuals to report misconduct and unethical behaviour within organisations. GDPR-compliant and adhering to EU compliance regulations, Whistlelink is a comprehensive whistleblowing platform for the EU market. It excels in managing whistleblower reports, offering powerful, two-way, anonymous communication between the organisation and the whistleblower. Whistlelink is available in 30 languages and is ISO 27001 certified for information security management. ![Whistleblowing software: Suggestion Ox](https://media.elker.com/a729006e-2fc4-4b4c-80f3-b267a193934f/suggestion-ox.png?width=992) [ ## 7\. Suggestion Ox ](https://suggestionox.com/) Price: From $83 USD/month Based in: USA Market: USA Reviews: 4.9 stars (27 reviews) on Capterra Suggestion Ox is a trusted platform for reporting anonymously in the workplace, fostering open communication within organisations. It provides a secure digital suggestion box for employees to air concerns, ask questions, and report problems. Its case management capabilities enable businesses to lead anonymous two-way conversations, providing a comprehensive understanding of employee issues and enabling prompt action. Insights enable Suggestion Ox to help businesses truly understand their teams and address challenges proactively. By empowering whistleblowers and promoting a culture of honesty, Suggestion Ox allows organisations to hear the truth, [leading to more engaged and satisfied teams](/articles/employee-engagement-survey-questions). ![Whistleblowing software: Case IQ](https://media.elker.com/74b7bd58-95e0-4264-acf0-48832a6e206d/case-iq.png?width=992) [ ## 8\. CaseIQ ](https://www.caseiq.com/) Price: Price on request Based in: Canada / International Market: International Reviews: 4.7 stars (11 reviews) on Capterra Case IQ, previously known as i-Sight, is a powerful case management solution that reduces the time and cost of investigating and resolving workplace incidents. It offers a wide range of employee reporting channels, ensuring no incident slips through the cracks. Its robust case intake and streamlined case management keep investigations on track, while its secure, centralized database allows for instant comprehensive case reports and faster responses. With powerful reporting capabilities, Case IQ provides deep insight into your data, enabling early trend detection and prevention of future issues. ![Whistleblowing software: Canary Whistleblowing](https://media.elker.com/4476efa1-3b28-475a-b16e-d2a8afd945e0/canary-whistleblowing.jpg?width=992) [ ## 9\. Canary Whistleblowing System ](https://www.canary-whistleblowing.com/en/) Price: Price on request Based in: Indonesia, Malaysia, Thailand Market: Southeast Asia Reviews: 4.5 stars (3 reviews) on G2 Canary Whistleblowing System is a highly secure and efficient fraud detection platform primarily serving Southeast Asian organisations, including Indonesia, Malaysia, and Thailand. Recognised for its effectiveness in detecting fraud, Canary provides a safe and anonymous reporting platform for both small businesses and large companies. It is committed to creating a secure and ethical work environment, ensuring the confidentiality of whistleblowers' reports. Canary's comprehensive service includes not only a hotline for reporting misconduct, fraud, abuse, and other policy violations but also a case management service. This service provides clients with notifications, high-quality analysis, and efficient management of reports, thereby fostering an environment of trust within the organisation. ![Whistleblowing software: Vault Platform](https://media.elker.com/bee36cc4-136e-4f5c-9753-d75b42752378/vault-platform.png?width=992) [ ## 10\. Vault Platform ](https://vaultplatform.com/) Price: Price on request Based in: United Kingdom Market: International (Europe/US focus) Reviews: 4.5 stars (22 reviews) on G2 Vault Platform is a UK-based whistleblowing system that serves the international market, focusing on Europe and the US. It operates as a system for corporate integrity, aiding businesses in addressing misconduct and ESG violations. It offers a reporting system for employees to [disclose misconduct](/articles/serious-misconduct), anonymously or in groups with GoTogether. It also provides clear communication with the reporter, efficient case investigation and resolution through cross-department collaboration. ![Whistleblowing software: Legality Whistleblowing](https://media.elker.com/0ded89ad-36b0-4c53-8375-0ebec9d39cdc/legality-whistleblowing.png?width=992) [ ## 11\. Legality Whistleblowing ](https://www.whistleblowing.software/en/) Pricing: From €29/month Based in: Italy Market: EU Reviews: 4.4 stars (8 reviews) on Capterra Legality Whistleblowing is a wrongdoing reporting management system designed to address workplace issues. EU Whistleblower Directive, GDPR, and other privacy laws provide a secure platform for whistleblower disclosures. Key features of Legality Whistleblowing software are voice reporting, single sign-on, mobile app, multi-company mode, and platform customisation options on demand. ![Whistleblowing software: Whistle Willow](https://media.elker.com/6ae06bc1-1517-49f0-93f1-222197b77eb0/whistle-willow.png?width=992) [ ## 12\. Whistle Willow ](https://scrummaister.com/ww) Pricing: 50c/user/month Based in: Sweden Market: EU Whistle Willow is an easy-to-deploy whistleblower system that integrates directly with your Jira and Confluence account on Atlassian. It's designed for quick implementation and easy management of workplace issues. It offers anonymous reports within your existing setup and public submissions via an automatically created portal. All data and interactions are kept within the Atlassian ecosystem, ensuring privacy and security. ![Whistleblowing software: Navex One](https://media.elker.com/0d267343-bef0-4dcf-b513-33207c08eb7c/navex-one.png?width=992) [ ## 13\. Navex One ](https://www.navex.com/en-us/products/) Pricing: From €133/month Based in: USA Market: International Reviews: 3.8 stars (49 reviews) on G2 Navex One is a comprehensive Governance, Risk, and Compliance system that provides a one-stop platform for employees and managers to handle compliance-related tasks, policies, training, and disclosures. Navex One offers around-the-clock hotline and incident management analysis, IT and operational risk management, and manages onboarding and ongoing screening of third parties. It's designed to manage all types of risks arising from business operations, including employee actions, evolving regulations, and global events, ensuring a comprehensive view of your GRC program. ![Whistleblowing software: EQS Integrity Line](https://media.elker.com/0a25f607-6f7a-4858-8a7b-094bc49365b0/eqs-integrity-line.jpeg?width=992) [ ## 14\. EQS Integrity Line ](https://www.eqs.com/compliance-solutions/integrity-line/) Pricing: Price on request Based in: Germany Market: International Reviews: 4.7 stars (41 reviews) on G2 EQS Integrity Line is a secure whistleblower system that provides a confidential platform for employees to [speak up about workplace issues](/articles/speak-up-culture), including corruption, abuses of authority, discrimination, and harassment. This system prioritises the protection of whistleblowers by offering an encrypted channel, ensuring utmost confidentiality. It encourages individuals to raise concerns internally before resorting to external authorities or media. ![Whistleblowing software: Ethico Compliance Line](https://media.elker.com/74970283-4d50-4c9b-944f-b8983a92c8d1/ethico-complianceline.png?width=992) [ ## 15\. Ethico (formerly ComplianceLine) ](https://ethico.com/) Pricing: Price on request Based in: USA Market: International Reviews: 4.7 stars (45 reviews) on G2 Ethico, an [ethics and compliance hotline](/articles/ethics-hotline) with over 25 years of experience, offers a comprehensive suite of tools designed to manage risk and reinforce healthy cultures within organisations. Ethico's offerings range from effective whistleblower and case management software that optimises time management to reliable employee screening and monitoring services, and engaging e-learning modules. With a strong focus on the human element, Ethico is committed to making the world a better workplace for cultural purposes. ![Key Features of Anonymous Reporting Software](https://media.elker.com/5725eef6-0c68-46fc-9247-ec68187bed85/key-features-of-anonymous-reporting-software.png?width=992) ## Key features of a good whistleblowing platform When considering a whistleblowing platform, you should be assessing the following features: ### **Security features** A secure system assures employees that their report is confidential and their anonymity is guaranteed. For organisations, stringent security measures are critical in safeguarding intellectual property, maintaining business integrity, and protecting data from tampering and external threats. **What to look for:** Make sure the platform assures whistleblower confidentiality by providing end-to-end encryption. Look for ISO 27001 standards, a dedicated information security officer and a data policy that aligns with your jurisdiction. ### **Anonymous reporting** Anonymous two-way communication (secure live chat) is essential for real-time feedback to manage incidents. There should be multiple channels for reporting disclosures: anonymous (where your identity is completely hidden) and confidential (where your identity is visible to a select person or group). **What to look for:** Ensure the software has settings that allow reporters to remain anonymous. The platform should offer guidance and tips during the reporting process. This helps the individual maintain anonymity by advising against sharing overly specific details or personal information that might inadvertently reveal their identity. ### **Comprehensive case management** Case management is central to a whistleblowing system. The reporting pathways should offer customisation and flexibility to accommodate both the reporter and the nominated officer. It's important that reports can be efficiently directed to case officers, then tracked, monitored, resolved, and ultimately archived to manage whistleblowing reports effectively. **What to look for:** An ideal system will have intuitive features for routing reports to the appropriate officers alongside tools for real-time tracking and monitoring. It should also provide seamless methods for resolution and archival, ensuring that cases are handled comprehensively from start to finish. ### **Employee surveys** Pulse surveys, employee feedback, and reporting evaluations are important features of an employee feedback management platform to understand workers' concerns and get honest feedback about concerns facing your organisation. **What to look for:** Ensure the platform provides diverse survey tools, including report feedback, customizable templates, scheduled feedback sessions, and intuitive reporting systems that simplify data interpretation. ### **Analytics** The utility of a whistleblowing platform is amplified when it can predict trends, detect incidents early, and give an overview of case resolution stats, steering management towards actionable solutions. **What to look for:** A comprehensive dashboard with real-time data visualisations, trend analysis, and detailed report generation functionalities highlighting significant patterns and insights. ### **Usability** An effective whistleblowing platform should be easy to implement and easily navigable, allowing users to access and utilise its features without unnecessary complications. The ease of use can directly influence the app's safety, ensuring anonymity is protected throughout the reporting pathway. **What to look for:** A clean user interface, onboarding tutorials, and responsive customer support. ### **Mobile app** While not essential, a mobile app can extend the platform's reach, letting whistleblowers report and respond discreetly from their personal devices. **What to look for:** Check if the app is available on iOS and Android, offers comprehensive features, and provides customizable notifications, ensuring whistleblower privacy. ### **Integrations** Seamless integrations with other organisational tools and systems enhance the functionality of whistleblowing platforms. Such integrations can simplify workflows and maintain consistency across different platforms and cloud-based collaborative tools, ensuring efficient data management and retrieval. **What to look for:** Native integrations with popular HR systems and authentication methods (such as Google Workspace and Microsoft 360). Ensure the platform supports seamless data flow between systems without compromising security. ### **Data protection** Data security is paramount, given the sensitive nature of information handled by whistleblowing platforms. These systems must employ the highest standards of security protocols to protect every piece of data, guaranteeing confidentiality and trustworthiness. Platforms should comply with data protection regulations and have strict data security measures. **What to look for:** Certifications or standards like ISO 27001 or GDPR compliance, end-to-end encryption, and regular third-party audits. ### **Compliance with national and international regulations** Ensuring your selected whistleblowing software adheres to national and international regulations is critical. Depending on your operational regions, this could encompass adherence to whistleblowing laws such as the Corporations Act, Protection of Whistleblowers Act, EU Whistleblowing Directive and SOX. **What to look for:** Seek platforms that explicitly list the regulations they comply with and offer features tailored to these regulations. Choose a provider that conducts regular audits to maintain compliance and offers guidance on navigating complex regulatory landscapes. ### **Localisation** Businesses operating in different regions may require features that cater to multiple languages. **What to look for:** Multilingual support, region-specific content adaptation, and compliance with local data storage and protection laws. ### **Training** Comprehensive training sessions ensure users can effectively navigate and make the most out of the system, enhancing its overall utility and adoption rate. **What to look for:** Onboarding guides, webinars, a library of how-to articles, and integrated training modules. Training should cater to technical and non-technical staff members, ensuring everyone can use the platform effectively. ### **Pricing structure and seats** As an organisation's size and structure change, so does its need for managing different users on its platforms. A whistleblowing system must offer scalability to accommodate varying numbers of reporters and case managers, reflecting the organisation's evolving needs. Small-to-medium businesses may get away with being on a lower pricing tier. However, large companies with many case managers and more complex reporting pathways will need an enterprise pricing tier. **Look for:** Flexible pricing tiers that accommodate the specific needs of your organisation. Avoid platforms that impose strict limits, as costs can quickly escalate. Many whistleblowing platforms offer custom pricing based on the size, features and legal support required by organisations. ### **Founders and staff members with a legal background** Founders with a background in law and compliance bring a wealth of subject matter expertise, ensuring the platform is designed with a deep understanding of legal requirements and compliance regulations. This expertise can streamline the process of implementing a whistleblowing system in your company, reducing the risk of non-compliance and enhancing its overall effectiveness. **Look for:** Founders with a background in law, demonstrating expertise in compliance regulations for your region. ![Securing Integrity With Anonymous Reporting](https://media.elker.com/caf58475-eb9a-4e9e-916f-4accad7c71c4/securing-integrity-with-anonymous-reporting.png?width=992) ## The importance of whistleblowing tools There are [many benefits of anonymous reporting systems](/articles/anonymous-reporting-advantages-disadvantages) that we have discussed in this blog. Some of these include: ### **Financial savings** On average, internal fraud deducts about 5% from a company's revenue. It is also estimated that [sexual harassment costs businesses and organisations $2.6 billion](https://www.deloitte.com/content/dam/assets-zone1/au/en/docs/services/economics/deloitte-au-economic-costs-sexual-harassment-workplace-240320.pdf) in lost productivity. Whistleblowing platforms can identify risks and reduce financial losses. ### **Employee safety** By providing a secure channel for employees to anonymously report unsafe practices or malpractice, whistleblowing software ensures a safer work environment where potential hazards are addressed before they escalate. These tools safeguard the wellbeing of employees by ensuring whistleblower confidentiality. ### **Openness and transparency in the workplace** Offering a secure reporting channel signals to employees that company leaders are listening, that their voices matter, and that they can speak up without fear.  ### **Reputation management** Without an effective whistleblowing solution, aggrieved parties might turn to external avenues, inviting unwanted media attention. A dedicated whistleblowing channel helps resolve issues internally, safeguarding an organisation's reputation. ### **Uncover opportunities** Beyond identifying misconduct, whistleblower software can serve as a channel for employees to share feedback anonymously. Organisations can pinpoint operational inefficiencies by collecting employee feedback and ideas or uncovering potential revenue avenues. ### **Employee retention** By utilising employee engagement metrics and feedback, businesses can respond effectively to issues in the workplace. A wrongdoing reporting management system can help organisations identify and address issues that impact employee satisfaction and ultimately improve employee engagement. ### **Regulatory compliance** Whistleblowing software is instrumental in meeting various regulatory compliance measures across the globe. In the United States, the Sarbanes-Oxley Act (SOX) necessitates the establishment of anonymous reporting channels, a key feature provided by whistleblowing software. The [EU Whistleblowing Directive](/articles/eu-whistleblowing-directive-safer-workplace), similarly, requires organisations to set up high-level protection for whistleblowers who report breaches of EU law, a requirement efficiently met by the security measures employed by whistleblowing software. In Australia, businesses and organisations must comply with the [positive duty under the Sex Discrimination Act](/articles/7-standards-positive-duty-sex-discrimination-act) 1984. This necessitates proactive measures to [eliminate workplace sexual harassment](/articles/5-risk-factors-for-sexual-harassment-in-the-workplace), discrimination and victimisation. Additionally, the Corporations Act in Australia emphasises the need for formal whistleblower policies in companies of a certain size, a requirement that whistleblowing software can help fulfil by providing a structured and secure system for reporting and managing whistleblowing cases. ## Summary As the corporate world evolves, so do its challenges. Choosing and implementing effective whistleblowing software is not just about ticking a compliance box. It's about establishing a system that safeguards the integrity and ethical standards of organisations. It's about creating an environment of trust where employees feel safe to voice their concerns without fear of retaliation. It's about accountability, ensuring that issues are addressed promptly and effectively. Ultimately, it's about fostering a [culture of transparency and respect](/articles/respect-in-the-workplace) where everyone is part of the solution. Ready to see the potential in action? [Book a demonstration](/book-demo) of the Elker platform and discover how we can support your organisation. ### Key takeaways - The right platform depends on jurisdiction and sector. A tool built for the EU Whistleblowing Directive may not cover the positive duty under the Sex Discrimination Act 1984 or Australian-specific requirements, and vice versa. Shortlists should filter by regulatory fit before features. - Scalable pricing is a hidden compliance risk. Platforms with strict seat or case caps can force organisations to suppress reports or dilute their own controls at exactly the wrong moment. - Founder expertise in law and compliance is a reliable proxy for whether the product treats confidentiality obligations as design requirements rather than features. - Localisation and multilingual support matter more than they look. A reporter's willingness to use the channel drops sharply if the interface is only available in a language they are not comfortable with. - Training and onboarding are part of the product. Software that ships with clear guides, training modules, and responsive support is used more consistently than software that treats the rollout as the customer's problem. ## Frequently asked questions End-to-end encryption, ISO 27001 alignment, anonymous two-way messaging, flexible case management, pulse survey tools, real-time analytics, intuitive usability, native integrations with HR and authentication systems, explicit regulatory compliance, localisation, training content, and scalable pricing. A platform missing any of these exposes the organisation somewhere in the disclosure lifecycle. It is a secure live chat that lets investigators ask clarifying questions and share updates without ever learning the reporter's identity. Without it, investigators face a false choice between acting on partial information and pressuring the reporter to identify themselves, which tends to kill the disclosure. It is the single feature that makes anonymous reporting workable in practice, and it underpins much of what [whistleblowing as a practice](/articles/what-is-whistleblowing) is supposed to deliver. Good platforms explicitly list the regimes they comply with and map features to specific obligations. In Australia, this means the [Corporations Act whistleblower regime](/articles/corporations-act-whistleblower-protections) and the positive duty under the Sex Discrimination Act 1984. In the EU, it means the Whistleblowing Directive. In the US, it means Sarbanes-Oxley and Dodd-Frank. Platforms that cannot show regulation-level coverage tend to leave gaps in audit trails, retention, or confidentiality. Intuitive routing of reports to the right case officer, real-time tracking and status updates, customisable reporting pathways, structured resolution and archival, audit logs, and dashboards that surface trends across cases. The goal is a system that handles the disclosure end to end, not a ticketing tool bolted onto a contact form. Not essential, but helpful. A mobile app lets reporters submit and respond from personal devices without using corporate infrastructure, which matters for workers who are reluctant to interact with company-managed hardware. If a mobile app is offered, it should be available on iOS and Android, support the same features as the web interface, and respect the same privacy settings. Combining it with a broader [anonymous reporting strategy](/articles/anonymous-reporting-advantages-disadvantages) gives workers multiple safe entry points. ### Sources 1. Corporations Act 2001 (Cth), Part 9.4AAA, whistleblower protection provisions 2. ASIC Regulatory Guide 270: Whistleblower policies 3. Sex Discrimination Act 1984 (Cth), positive duty provisions 4. Directive (EU) 2019/1937 on the protection of persons who report breaches of Union law 5. ISO 37002:2021, Whistleblowing management systems, Guidelines 6. ISO/IEC 27001, Information security management systems _This article is general information only, not legal advice. Laws change and individual circumstances differ. For advice on your specific circumstances, consult a qualified legal practitioner. See our [Terms of Use](/policies/terms) for the full disclaimer._ ## You might also like --- url: https://elker.com/nz/articles/anonymous-employee-feedback title: "How to Collect Anonymous Employee Feedback at Work" description: "Learn how to implement an anonymous employee feedback system to foster a culture of trust, transparency, and continuous improvement in your organisation." locale: en-NZ generated: 2026-07-01T14:05:42.715Z --- Mar 1, 2024 # How to Collect Anonymous Employee Feedback [Cultural change](/nz/blog/cultural-change)[Reporting](/nz/blog/reporting) Learn how to implement an anonymous employee feedback system to foster a culture of trust, transparency, and continuous improvement in your organisation. ![How anonymous employee feedback can transform your organisation](https://media.elker.com/d0ed7088-8ae5-4d01-859f-ada1032db5ba/anonymous_employee_feedback_1.png?width=992) ByElker Editorial TeamReviewed byJack MurrayUpdated22 April 2026 **TL;DR** - Anonymous employee feedback is a method of collecting honest opinions, suggestions, and concerns from workers without requiring them to reveal their identity. It lets employees speak candidly on workplace culture, management, wellbeing, and sensitive issues like bullying, discrimination, and sexual harassment without fear of repercussions. - The three most common collection methods are dedicated feedback software (including speak-up platforms like Elker), anonymous pulse surveys on a weekly to monthly cadence, and virtual or physical suggestion boxes. Each method suits different organisation sizes and feedback types. - Anonymity encourages candour that identified channels rarely produce. It surfaces operational issues, cultural concerns, and early warning signs that would otherwise stay hidden, and it levels the playing field for employees from underrepresented or marginalised groups. - In Australia, anonymous feedback systems help employers meet the positive duty under the Sex Discrimination Act 1984 (Cth) to proactively prevent sexual harassment, sex-based discrimination, and victimisation in the workplace. - Feedback only drives change when organisations close the loop: analyse results, share what has been learned, and show the specific actions taken in response. Collecting without acting erodes trust faster than not asking. We've all heard the saying "honesty is the best policy," but let's face it – being honest at work can be intimidating. You don't want to rock the boat or risk damaging your relationships with your colleagues. The truth is, without honest feedback, it's tough for any organisation to identify areas for improvement and create a safer, more inclusive workplace. That's why anonymous feedback is so powerful. ## What is anonymous employee feedback? Anonymous employee feedback is a method of collecting honest opinions, suggestions, and concerns from employees without requiring them to reveal their identity. This type of feedback allows employees to express themselves freely without fear of repercussions or judgment from their managers or colleagues. Anonymous feedback can be gathered through various means, such as online surveys, feedback software, or a suggestion box. Anonymity encourages employees to provide candid feedback that can help organisations identify areas for improvement, make data-driven decisions, and foster a more open and transparent work environment. By allowing employees a safe space to share their thoughts, anonymous feedback can lead to valuable insights and [drive positive change](/nz/articles/respect-in-the-workplace) within an organisation. ## How to collect anonymous employee feedback There are several effective methods for gathering anonymous feedback, each with its own advantages and considerations. We'll explore three of the most popular and efficient approaches: feedback software, pulse surveys, and suggestion boxes. ### Anonymous employee feedback software Feedback software is a solid solution for gathering feedback, especially in larger organisations and business with hybrid and remote working arrangements. These platforms offer a streamlined, user-friendly approach to submit, analyse, and act on employee feedback and whistleblowing disclosures. One of the key [advantages of using anonymous feedback tools](/articles/advantages-of-whistleblowing-in-the-workplace) is the ability to collect and centralise feedback data in real-time. This allows HR teams and managers to quickly identify trends, patterns, and areas for improvement, enabling them to take swift action to address employee concerns. Additionally, many anonymous feedback platforms offer built-in analytics and reporting features, making it easy to visualise and share insights with stakeholders. The best anonymous feedback tools prioritise [data security](/nz/security) and anonymity, ensuring that employees feel comfortable voicing their concerns without fear of repercussions. Some popular anonymous employee feedback tools include: - **Elker**, which prioritises anonymity and security for sensitive disclosures, [whistleblowing](/nz/articles/what-is-whistleblowing) and specific compliance needs - **Culture Amp**, an employee experience app that features performance management and feedback tools - **Suggestion Ox**, a simple-to-use anonymous feedback tool for a broad range of uses to solicit feedback and concerns in the workplace. ### Pulse surveys Pulse surveys are short, frequent surveys designed to gather targeted, real-time feedback from employees on specific topics or issues. They are typically administered on a weekly, bi-weekly, or monthly basis, allowing organisations to [audit employee sentiment](/nz/articles/culture-audit-guide) and engagement over time. One of the primary benefits of pulse surveys is their flexibility and customisation. Organisations can tailor survey questions to address specific concerns, such as workplace culture, management effectiveness, or employee well-being. To ensure high participation rates and honest feedback with your anonymous feedback survey, it's essential to keep surveys brief, focused, and anonymous. Aim for surveys that take no more than 5-10 minutes to complete, and limit the number of questions to 10 or fewer. Some popular pulse survey tools include: - **TinyPulse**, an employee engagement and survey tool with an option for anonymity - **Culture Monkey**, a more complete engagement platform featuring a pulse survey tool for continuous anonymous feedback - **Elker**, offering pulse surveys and an employee feedback tool for critical disclosures and employee insights ### Suggestion boxes Suggestion boxes remain a simple yet effective method to collect feedback in the workplace. They offer a low-tech, accessible option for employees who may be less comfortable with online platforms or prefer a more traditional approach. However, with the rise of remote and hybrid employment arrangements, for many organisations having an online tool is necessary. A virtual suggestion box can take the form of a dedicated email address or an online form where employees can provide feedback and make disclosures. Some examples include: - **Google forms** - **Microsoft forms** - **Secure email address** While all of these tools can collect feedback, there are limits to the anonymity that these provide. Additional measures, such as using a VPN or a throwaway email address are necessary for users who want to preserve their anonymity. ![Effective tools to collect anonymous employee feedback](https://media.elker.com/45918b05-ee77-487c-a53e-37332be79a84/anonymous_employee_feedback_2_05268feab4.png?width=992) ## Benefits of anonymous employee feedback Implementing an anonymous employee feedback system can bring numerous benefits to an organisation, fostering a culture of transparency, trust, and continuous improvement. By providing employees with a safe and confidential channel to share their thoughts, ideas, and concerns, organisations can access a wealth of valuable insights that might otherwise go unheard. In this section, we'll explore the key benefits of implementing anonymous employee feedback. ### Eliminate victimisation Many employees hesitate to provide feedback or raise concerns due to fear victimisation from their managers or colleagues. This fear can stem from various factors, such as power dynamics, personal relationships, or a history of negative experiences with speaking up. Anonymity is particularly important for addressing topics such as [sexual harassment](/articles/5-risk-factors-for-sexual-harassment-in-the-workplace), [discrimination](/articles/discrimination-in-the-workplace), or [serious misconduct](/nz/articles/serious-misconduct) in the workplace. By eliminating the fear of reprisal or judgment, anonymous feedback empowers employees to voice their concerns and contribute to creating a safer, more inclusive work environment. ### Foster honesty and transparency When employees feel that they can express their opinions without fear of repercussions, they are more likely to provide candid and constructive feedback. Honesty is essential for uncovering genuine issues, concerns, and opportunities for improvement that might not surface through traditional feedback channels. Anonymous feedback creates a psychologically safe environment where employees can share their thoughts without worrying about judgment or negative consequences. This openness leads to more accurate and actionable insights, enabling organisations to make informed decisions and drive meaningful change. ### Identify issues and opportunities for improvement early When employees feel comfortable sharing their experiences and observations candidly, they can provide valuable insights into operational inefficiencies, communication breakdowns, or other challenges that might not be apparent to leadership. By analysing feedback data, HR teams and managers can identify patterns and trends that point to systemic issues or areas for improvement. This information can be used to develop targeted action plans and initiatives to address these challenges head-on. ### Building trust and improving employee satisfaction Implementing an anonymous employee feedback system demonstrates an organisation's commitment to valuing and respecting the opinions of its workforce. When employees feel heard, they are more likely to feel valued and respected as individuals. ### Levelling the playing field for all employees By creating an equal opportunity for all employees to share their thoughts and experiences, anonymous feedback promotes a more inclusive and equitable workplace. This inclusivity is particularly important for underrepresented or marginalised groups who may feel [less comfortable to speak up](/articles/speak-up-culture) in open forums. ### Compliance In Australia, workplaces have a legal obligation to [comply with the positive duty under the Sex Discrimination Act](/articles/7-standards-positive-duty-sex-discrimination-act). This means that employers must take proactive steps to prevent and eliminate sexual harassment and discrimination in the workplace, rather than simply responding to incidents after they occur. Implementing an anonymous employee feedback system, like Elker, can help you fulfil this positive duty and mitigate legal risks. By demonstrating that they have taken reasonable steps to prevent and address sexual harassment and discrimination, employers can protect workers and reduce their liability in the event of a claim or lawsuit. For more information, [contact Elker](/nz/contact). ## Implementing anonymous feedback: strategies and tools ### Communicate the purpose and value of anonymous feedback To encourage employees to provide anonymous feedback, it's crucial to clearly communicate the purpose and value of the feedback. Employees should understand that their opinions and suggestions are essential for driving positive change and improving the overall work environment. ### Ensure anonymity and confidentiality Employees must trust that their identities will be protected and that they won't face any negative consequences for providing honest feedback. Organisations should clearly communicate: - whistleblower protection policies, so anonymous employee feedback does not lead to victimisation - measures in place to maintain anonymity - how to access and use the organisation's feedback software By building trust in the anonymity of the process, organisations can create a safe space for employees to share their genuine opinions and concerns. ### Make the feedback process easy and accessible To maximise participation in anonymous employee feedback, organisations should strive to make the feedback process as easy and accessible as possible. This can involve using user-friendly feedback tools, such as online surveys, mobile apps, or dedicated feedback platforms that employees can access from any device. The feedback process should be straightforward, with clear instructions and minimal time investment required. By removing barriers to participation and making the process convenient, organisations can encourage more employees to provide valuable insights. ### Regularly remind employees to provide feedback Consistent communication and reminders are essential for maintaining employee engagement in the anonymous feedback process. Organisations should regularly encourage employees to provide feedback, highlighting the value of their input and the impact it can have on the workplace. This can be done through various channels, such as email reminders, team meetings, or company-wide announcements. By keeping anonymous feedback top-of-mind and making it a regular part of the company culture, organisations can foster a continuous cycle of feedback and improvement. ### Share results and actions taken based on feedback One of the most effective ways to encourage ongoing participation in anonymous employee feedback is by demonstrating that the feedback is being heard and acted upon. Organisations should regularly share the results of feedback surveys, along with the specific actions being taken to address the issues and suggestions raised by employees. Transparency shows employees that their opinions matter and that the organisation is committed to making positive changes based on their input. ## Addressing common concerns about anonymous feedback ### Dealing with negative or unconstructive feedback One common concern about anonymous employee feedback is the potential for receiving negative or unconstructive feedback. While it's true that anonymity may sometimes invite less constructive comments, it's essential to approach all feedback with an open mind and a focus on improvement. When dealing with negative feedback, organisations should look for underlying issues or trends that may be contributing to employee dissatisfaction. By addressing these root causes, rather than dismissing the feedback as merely negative, organisations can demonstrate their commitment to creating a better work environment for all employees. ### Verifying the authenticity of anonymous feedback Another concern surrounding anonymous feedback is the potential for false or misleading information. To mitigate this risk, organisations can use various techniques to verify the authenticity of anonymous feedback. This may include cross-referencing feedback with other data sources, such as employee engagement surveys or performance metrics, to identify consistent patterns or themes. ### Balancing anonymous and non-anonymous feedback While anonymous feedback is valuable for gathering honest opinions and suggestions, it's important to recognise that it should not be the only form of employee feedback. Organisations should strive to create a feedback culture that balances anonymous and non-anonymous feedback channels. This can include regular one-on-one meetings, team discussions, and open forums where employees can share their thoughts and ideas directly with their managers and colleagues. By fostering a mix of anonymous and non-anonymous feedback, organisations can benefit from each approach and create a more comprehensive picture of employee sentiment and engagement. ## Integrating anonymous feedback into your company culture ### Making anonymous feedback a regular practice Organisations should integrate anonymous employee feedback into their company culture as a regular practice. This means going beyond occasional surveys and making anonymous feedback a consistent part of the employee experience. Organisations can achieve this by setting up recurring feedback cycles, such as quarterly or bi-annual surveys, and providing always-available channels for employees to submit feedback anonymously. By normalising the practice of giving and receiving anonymous feedback, organisations can create a culture of continuous improvement and open communication. ### Using insights from anonymous feedback for continuous improvement Integrating anonymous feedback into company culture also involves using the insights gained from feedback to drive continuous improvement. Organisations should establish processes for analysing feedback data, identifying key themes and priorities, and developing action plans to address the issues raised by employees. This may involve creating cross-functional teams or task forces to tackle specific challenges, setting measurable goals and timelines, and regularly communicating progress to employees. By demonstrating a commitment to using anonymous feedback for continuous improvement, organisations can build trust and engagement among their workforce. ### Celebrating successes and milestones achieved through anonymous feedback Finally, to truly embed anonymous feedback into company culture, organisations should make a point of celebrating the successes and milestones achieved through the feedback process. This can include sharing stories of how anonymous feedback led to positive changes, recognising teams or individuals who contributed valuable insights, and highlighting the impact of feedback-driven initiatives on employee satisfaction and engagement. By celebrating these successes, organisations can reinforce the value of anonymous feedback and encourage ongoing participation in the process. Over time, this positive reinforcement can help make anonymous feedback an integral part of the company's DNA, driving a culture of transparency, trust, and continuous improvement. ![Using anonymous reporting in the workplace to gather employee feedback infographic](https://media.elker.com/6e8cba31-4bb0-4a2a-8703-b86ef9a5f9fe/anonymous_employee_feedback_3.png?width=992) ## Gather feedback and transform your organisation's culture with Elker Elker is a powerful anonymous feedback system that helps organisations identify and resolve workplace issues early on. Elker's secure reporting system allows employees to provide feedback about misconduct, unethical behavior, or other concerns without fear of retaliation. One of the key advantages of using Elker is its emphasis on security and anonymity. The platform uses advanced encryption and data protection measures to ensure that employee identities are safeguarded throughout the reporting process. Elker's reporting system is user-friendly and accessible, allowing employees to submit reports via web, phone, or mobile app. The platform also offers case management features, enabling HR teams and designated administrators to track, investigate, and resolve reported issues efficiently. By leveraging Elker for anonymous employee feedback, organisations can foster a culture of transparency, trust, and early intervention. Ultimately, by embracing anonymous feedback through tools like Elker, organisations can drive continuous improvement and build a thriving workplace culture. Book a demonstration today. ### Key takeaways - Treat anonymous feedback as a complement to (rather than a replacement for) identified channels like one-on-ones, team discussions, and open forums. A balanced mix gives the fullest picture of employee sentiment. - Pulse surveys work best when they are short (5 to 10 minutes, 10 questions or fewer) and run on a weekly, fortnightly, or monthly cadence so trends can be tracked over time. - Off-the-shelf tools like Google Forms and Microsoft Forms can collect feedback, but they do not guarantee anonymity at the network level. Workers relying on them for sensitive disclosures should be told to use a VPN or a throwaway email, or the organisation should provide a purpose-built channel. - Negative or unconstructive feedback usually points to a legitimate underlying issue. Look for the pattern, not the tone, and cross-reference with other data sources (engagement scores, turnover, exit interviews) to test signal strength. - Celebrate and publicise the specific improvements that came from anonymous feedback. Visible wins normalise the practice and raise response rates on the next round. ## Frequently asked questions Start by choosing a method that fits your organisation: a dedicated feedback platform, online surveys, or a virtual suggestion box. Confirm the tool actually guarantees anonymity at the network level, not just the user interface. Communicate the purpose and value of the channel so employees understand how their input will be used, set clear guidelines on the types of feedback you are seeking, and run regular reminders to sustain participation. Finally, analyse what comes in and publish the actions taken in response so workers see the channel leads to change. Use the anonymous feedback channel your organisation provides, whether an online survey link, a dedicated platform like Elker, or a suggestion box. Keep feedback honest, specific, and constructive. Focus on issues, processes, or areas for improvement rather than targeting individuals, and provide examples or suggestions where you can. If the platform allows, some context about your role or team can help the organisation spot patterns without compromising your identity. Anonymity encourages candour, but professionalism still matters. Cadence depends on organisation size and goals. Quarterly or biannual formal surveys work well for tracking longer trends, while pulse surveys on a weekly or monthly rhythm capture shifts in sentiment faster. An always-on [speak-up channel](/articles/speak-up-culture) sits alongside scheduled surveys and lets employees raise concerns whenever they arise, which is particularly important for time-sensitive disclosures. Mix closed-scale questions for trend tracking with open-ended prompts that invite employees to describe issues in their own words. Questions like "What are the biggest challenges you face in your role?" or "What would improve how we work together?" surface rich qualitative insight. See our guide to [employee engagement survey questions](/nz/articles/employee-engagement-survey-questions) for category-by-category examples. Yes, and a blended approach usually produces the best picture of workplace sentiment. Anonymous feedback works well alongside regular performance reviews, pulse surveys, employee focus groups, and town hall meetings. Each channel reaches different workers and surfaces different issues, so combining them gives leadership a more complete view than any single method alone. No. [Whistleblowing](/nz/articles/what-is-whistleblowing) is the disclosure of specific wrongdoing, fraud, illegal conduct, serious misconduct, or safety breaches, and is backed by legal protections under regimes like the Corporations Act 2001 (Cth) Part 9.4AAA. Anonymous feedback is broader and covers everyday perceptions, suggestions, and workplace concerns. A good platform supports both through a single interface with different pathways. Track four metrics: participation rate (an indicator of trust in the channel), number and type of issues raised, percentage of issues resolved or actioned, and downstream engagement and retention signals. Combine these with qualitative indicators like whether employees can point to specific changes that came from feedback. Backing the channel with reliable [whistleblowing software](/nz/articles/whistleblowing-software) helps capture and analyse the data without compromising anonymity. ### Sources 1. Sex Discrimination Act 1984 (Cth), positive duty provisions (Part II, Division 3) 2. Australian Human Rights Commission, Guidelines for Complying with the Positive Duty under the Sex Discrimination Act 1984 (Cth) 3. Safe Work Australia, Model Code of Practice: Managing psychosocial hazards at work (2022) 4. Privacy Act 1988 (Cth) and Privacy Act 2020 (NZ), applicable to personal information collected through feedback systems 5. ISO 37002:2021, Whistleblowing management systems, Guidelines _This article is general information only, not legal advice. Laws change and individual circumstances differ. For advice on your specific circumstances, consult a qualified legal practitioner. See our [Terms of Use](/nz/policies/terms) for the full disclaimer._ ## You might also like --- url: https://elker.com/nz/articles/anonymous-reporting-advantages-disadvantages title: "Anonymous Reporting in the Workplace - Pros & Cons" description: "Explore the impact, rewards and challenges of anonymous reporting in the workplace. Protect your organisation's financial health and reputation." locale: en-NZ generated: 2026-07-01T14:05:42.771Z --- Aug 10, 2023 # Anonymous Reporting In the Workplace - Advantages and Disadvantages [Reporting](/nz/blog/reporting)[Compliance](/nz/blog/compliance) Exploring the impact, rewards and challenges of workplace whistleblowing for a safer, more transparent work environment. ![The advantages and disadvantages of anonymous reporting in the workplace: guide](https://media.elker.com/3cb21258-85ed-49fc-b1c4-526bc3e98e56/anonymous-reporting-benefits.jpeg?width=992) ByElker Editorial TeamReviewed byJack MurrayUpdated22 April 2026 **TL;DR** - Anonymous reporting lets workers, clients, students, or other stakeholders raise concerns or submit feedback without revealing their identity. It is distinct from confidential reporting, where identity is known to a small group but shielded from wider disclosure. - **Main advantages:** stronger trust and transparency, removal of communication barriers, higher reporting rates, quality firsthand insight from the people closest to the issue, and support for compliance with the positive duty under the Sex Discrimination Act 1984 (Cth). - **Main disadvantages:** investigations can be more complicated without an identifiable source, there is potential for misuse through malicious or vexatious reports, and legal handling of anonymous disclosures can be intricate depending on the issue and jurisdiction. - Modern speak-up platforms mitigate these disadvantages through features like collaborative or co-filed reports, secure two-way messaging that preserves anonymity, case management workflows, and end-to-end encryption. - Anonymous reporting is a mechanism of disclosure. [Whistleblowing](/nz/articles/what-is-whistleblowing) is the act itself, covering matters like fraud, health hazards, or misconduct that harms individuals, the organisation, or the public. The two are related but not the same. The most significant risks for organisations can be those they're only aware of once it's too late. Employees or customers are notoriously reluctant to raise issues, meaning they're often only uncovered and dealt with once they become serious problems. Whether the problem is poor service, work health and safety red flags, or human resources issues like [workplace bullying](/nz/articles/understanding-and-preventing-workplace-bullying), fraud, [discrimination](/articles/discrimination-in-the-workplace), and [sexual harassment](/articles/5-risk-factors-for-sexual-harassment-in-the-workplace), anonymous reporting [encourages people to speak up](/articles/speak-up-culture)and share important information without fear of reprisal. As businesses strive to foster an environment of trust and accountability, anonymous reporting stands out as both a tool and a topic of debate. This guide delves into the intricacies of reporting and the rewards of implementing a whistleblowing platform. ## What is anonymous reporting? Anonymous reporting allows individuals to flag concerns or provide feedback without revealing their identity. Unlike confidential reporting, where the identity is known to a select few but protected from wider dissemination, anonymous reporting ensures complete anonymity and privacy. The essence is to create a safe space, free from the fear of retaliation or bias, where workplace issues can be brought to attention, empowering employees, clients or students. ## Key question: Is anonymous reporting the same as whistleblowing? Whistleblowing is the act of coming forward and disclosing information that points to wrongdoing, sometimes of a severe or illegal nature. [Whistleblowing](/nz/articles/what-is-whistleblowing) often involves exposing violations of public interest, such as fraudulent activity, health hazards, or workplace behaviour that could harm individuals, the company or the broader community. Anonymous reporting is the mechanism of disclosure: the tools, policies and methods by which employees or stakeholders can raise concerns or [provide feedback without revealing their identity](/nz/articles/anonymous-employee-feedback). It is in the interest of the government, companies, and organisations to have secure reporting channels through which whistleblowing can be conducted by employees. As the article will discuss, there are advantages and disadvantages of whistleblowing that should be weighed when shaping governance and policies. The Elker platform facilitates whistleblowing through anonymous reporting software. A secure, encrypted app ensures that users can safely voice concerns—minor discrepancies or [severe misconduct](/nz/articles/dealing-with-workplace-misconduct)—without fearing retribution. Promoting whistleblowing in the workplace serves dual purposes. Not only does it allow business owners and organisations to identify and address potential risks early on, but it also helps foster a culture where individuals are encouraged to report issues. By empowering workers in this way, organisations can ensure a healthier work environment and support the well-being of their employees. ## Key question: Is anonymous reporting really anonymous? When it comes to reporting sensitive issues, the concern of anonymity often takes centre stage. After all, the assurance of one's identity remaining confidential can be the difference between speaking out and staying silent. Elker understands this critical need for anonymity and has taken several measures to ensure the trustworthiness, reputation, and confidentiality of its platform: **Guaranteed anonymity:** For those choosing to remain anonymous, Elker commits to shielding your identity. It remains confidential unless you, at any future point, decide otherwise. **Selective data collection:** Elker only gathers the bare minimum—the data essential for facilitating your anonymous report. It ensures communication only with relevant parties to your case. Extraneous information that doesn't serve this purpose is never requested. **User-led information sharing:** With Elker, the reins are in your hands. You have the autonomy to determine who within the organisation gets access to the details you share. **End-to-end encryption:** The [security of your data is our utmost priority](/nz/security). Elker uses leading encryption techniques to safeguard data while it's stored and during its transmission. Regular updates keep these encryption protocols in sync with the latest industry benchmarks. **Ongoing security assessments:** Beyond our internal measures, Elker undergoes periodic external penetration tests. Identified vulnerabilities are swiftly patched, ensuring the platform's resilience against potential threats. > "Every company thrives when its employees are its keenest observers. Whistleblowing is not dissent; it's a deep commitment to the organisation's betterment." ## **Advantages and disadvantages of whistleblowing in the workplace: the pros** Adopting reporting tools in the workplace isn't merely a strategic decision; it's a commitment to promoting a transparent and inclusive environment. There are many advantages of whistleblowing that should be considered for any workplace: - **Trust and transparency**: Providing workers with a platform to voice concerns without fear strengthens trust. It shows that the business prioritises transparency and values its workforce's well-being. - **Enhanced communication**: Anonymous channels remove barriers to communication. Employees, who might otherwise remain silent for fear of repercussions, are more likely to voice workplace complaints, fostering a dialogue that might lead to critical solutions. - **Increased reporting rates**: A natural outcome of trust and open communication channels is the uptick in reports. It ensures that no concern goes unnoticed and enables timely intervention. - **Quality insights**: Employees or stakeholders directly involved with services frequently possess valuable insights. Offering them a reporting channel ensures they share their firsthand observations and critiques. Reporting empowers organisations to identify areas of improvement and act accordingly. - **Compliance**: From 12 December 2023, all Australian businesses and organisations must adhere to the [positive duty in the Sex Discrimination Act](/articles/7-standards-positive-duty-sex-discrimination-act). Implementing an anonymous reporting platform is recommended by the Australian Human Rights Commission as one method to achieve compliance and eliminate sexual harassment and sex-based discrimination in the workplace. ## **Cons: What risks and challenges are involved with anonymous workplace reporting?** Despite the apparent advantages, organisations must be mindful of potential pitfalls and challenges: - **Complicated investigations**: Anonymity, while protecting the whistleblower, might pose challenges during case investigations. Without a known source, corroborating details or seeking clarifications can become complex. - **Potential misuse**: As with any whistleblowing tool, there is potential for abuse. The cloak of anonymity might occasionally be exploited to lodge false or malicious complaints stemming from personal vendettas or conflicts. - **Legal implications**: The legal landscape surrounding anonymous reports can be intricate. Depending on the report's specifics and regional laws, appropriately managing and responding to anonymous reports might necessitate legal counsel. **Understanding these problems, Elker seeks to clarify the reporting pathway through solutions that address these pitfalls.** ### **Complicated investigations** Investigations can be intricate when the source is unclear, leading to potential missteps or unresolved issues. Elker addresses this by: - **Collaborative reporting**: Allowing individuals to co-file complaints or ideas with another person enhances the report's credibility and provides a more comprehensive perspective. - **Streamlined case management**: Through Elker's advanced case management system, whistleblowers can submit a report, select the appropriate stakeholders to notify, and even have avenues for two-way communication. These mechanisms ensure the details are robust and actionable even without a known source. ### **Potential misuse** The cloak of anonymity, while empowering, can occasionally be misused. However, Elker emphasises the following: - **Proper workplace procedures**: Elker is a tool to facilitate transparent communication. Yet, it does not replace workplace procedures that address accusations of workplace [misconduct](/nz/articles/serious-misconduct). It's important for organisations to have a system to evaluate the evidence of each report. - **Balancing risks and rewards**: The benefits of fostering an environment where employees can communicate freely without fearing retaliation often outweigh the occasional challenges. By providing structured avenues for reporting, Elker minimises the avenues for misuse, emphasising the positive impact of open dialogue. Read our article, [What is whistleblowing](/nz/articles/what-is-whistleblowing), for an in-depth look at the ethics of whistleblowing, financial reward, job protection, laws and employers' responsibilities. ## **Securing trust: why workplace whistleblowing matters** In our workplace environments, diligence towards occupational compliance and governance has never been more pronounced. Overlooking these aspects can result in significant challenges, from financial repercussions due to fraud to reputational impacts from harassment scandals. Institutions are recognising the value of proactive [cultural auditing](/nz/articles/culture-audit-guide). Whistleblowing doesn't just safeguard against fraud and employee misconduct but also enhances overall organisational health.  Educational institutions, particularly [universities](/nz/use-cases/universities), are under increasing scrutiny regarding student safety. The urgency for ensuring a safe environment within these educational settings has never been more pronounced. Recent findings from the 2022 National Student Safety Survey paint a sobering picture: - Weekly assaults: Approximately 275 students face assaults within university settings each week. - Annual harassment: Over a 12-month period, one in twelve students becomes a victim of sexual harassment. - Low reporting rates: Distressingly, formal reporting remains alarmingly low. - For sexual harassment, only one in 30 victims make a formal complaint. - For sexual violence, the number dwindles to just one in 20. - Lack of reporting awareness: Half of the students surveyed expressed uncertainty or complete unawareness about the formal reporting processes for incidents of sexual harassment and assault. [The Respect at Work Bill](/articles/what-the-respect-at-work-bill-means-for-your-business) passed recently emphasised the need for proactive measures in the workplace. It mandates that businesses actively [promote a culture of respect](/nz/articles/respect-in-the-workplace) and safety rather than merely reacting to incidents. This law is about more than just meeting legal requirements. It's a push for every employer to create an environment where everyone feels acknowledged and safe. With the Australian Human Rights Commission overseeing compliance, businesses are legally accountable and suffer financial and reputational consequences for non-adherence. Likewise, the [new Aged Care Act](/articles/whistleblowing-in-aged-care) of 2024 will require aged care facilities to have a whistleblowing system for managing sensitive disclosures. [Implementing an anonymous reporting platform](/nz/articles/whistleblowing-software) in the workplace strengthens an organisation's [ethical foundation](/articles/ethics-hotline) and commitment to transparency. In this age of heightened accountability, businesses and institutions recognise the vast advantages of such systems. These tools address challenges head-on and pave the way for a culture of trust and continuous growth. For modern governance, tools like Elker are not just beneficial but essential. ## **Want to discuss the pros and cons?** Elker is a platform designed to help employees speak up on issues in the workplace. Minor workplace complaints and [employee feedback](/nz/articles/employee-engagement-survey-questions) can often lead to the early resolution of major issues. Elker was designed from the ground up by lawyers to satisfy all relevant compliance regulations in Australia: the Fair Work Act, the Sex Discrimination Act and the Whistleblowing & [Public Interest Disclosure Act](/articles/public-interest-disclosure-act-2013). Trusted by the University of Melbourne, hospitality industry leaders, Solotel, and government organisations like the Legal Services Commissioner NSW, find out how Elker can assist your business with anonymous reporting.  You can [learn more about Elker's features here](/nz/features). If you would like a demonstration of the Elker platform and mobile app, you can [book a demonstration](/nz/book-demo). ### Key takeaways - The most significant risks in any organisation are the ones leadership only learns about once it is too late. Anonymous channels reach those risks earlier by lowering the personal cost of speaking up. - Guaranteed anonymity rests on practical design choices: minimal data collection, user-controlled information sharing, end-to-end encryption, and regular external penetration testing. An anonymous option without those controls is only as strong as its weakest link. - Anonymous reporting is especially important for sectors with vulnerable reporters. University students, aged care residents, and school communities show consistently low formal reporting rates despite high incident prevalence. - An anonymous platform is a tool, not a substitute for workplace investigation and response procedures. Every report still needs evidence, triage, and a fair process before findings are made. - A well-designed channel supports both sides of the trade-off: workers who want anonymity get it, workers who prefer to identify themselves can, and investigators can ask follow-up questions through secure two-way messaging without compromising either choice. ## Frequently asked questions No. [Whistleblowing](/nz/articles/what-is-whistleblowing) is the act of coming forward with information about wrongdoing, sometimes of a severe or illegal nature. Anonymous reporting is the mechanism: the tools, policies, and channels through which concerns can be raised without the reporter having to identify themselves. A disclosure can be anonymous, confidential, or identified, and still count as whistleblowing. Five stand out. Trust and transparency, because a safe channel signals that the organisation values its workforce. Enhanced communication, because workers speak up who would otherwise stay silent. Higher reporting rates. Better quality insight from people closest to operations. Compliance support for Australian employers meeting the [positive duty under the Sex Discrimination Act](/articles/7-standards-positive-duty-sex-discrimination-act), which the Australian Human Rights Commission recommends as one way to eliminate sexual harassment and sex-based discrimination. Three commonly cited concerns. Investigations can be more difficult without an identifiable reporter to clarify or corroborate details. There is potential for misuse by people lodging false or malicious complaints. And the legal landscape around anonymous disclosures can be intricate, sometimes requiring legal counsel. Modern platforms that support secure two-way messaging, collaborative reporting, and strong case management go a long way to closing the first gap. Look for several practical controls: selective data collection (only the minimum needed to handle the report), user-led information sharing so the reporter decides who sees what, end-to-end encryption in transit and at rest, regular external penetration testing, and a commitment that identity is not revealed unless the reporter chooses to disclose it later. See our [whistleblowing software](/nz/articles/whistleblowing-software) guide for a comparison of leading platforms. Yes, and it is especially important in those settings. Research on Australian universities found weekly sexual assaults and high annual harassment rates, yet only around one in 30 victims of sexual harassment and one in 20 of sexual violence made a formal complaint. An anonymous channel designed for young people dramatically lowers the barrier to disclosure. Our [schools reporting](/nz/articles/anonymous-reporting-for-schools) guide covers the specifics. ### Sources 1. Sex Discrimination Act 1984 (Cth), positive duty provisions 2. Australian Human Rights Commission, Guidelines for Complying with the Positive Duty under the Sex Discrimination Act 1984 (Cth) 3. Corporations Act 2001 (Cth), Part 9.4AAA whistleblower protections 4. Universities Australia, 2022 National Student Safety Survey 5. ASIC Regulatory Guide 270: Whistleblower policies 6. ISO 37002:2021, Whistleblowing management systems, Guidelines _This article is general information only, not legal advice. Laws change and individual circumstances differ. For advice on your specific circumstances, consult a qualified legal practitioner. See our [Terms of Use](/nz/policies/terms) for the full disclaimer._ ## You might also like --- url: https://elker.com/nz/articles/anonymous-reporting-for-schools title: "Anonymous Reporting App for Schools to Enhance Safety" description: "Anonymous reporting apps are critical in detecting and preventing bullying, harassment, and safety issues in educational institutions. Find out how." locale: en-NZ generated: 2026-07-01T14:05:42.821Z --- Apr 3, 2024 # Anonymous Reporting App for Schools to Enhance Safety [Compliance](/nz/blog/compliance)[Reporting](/nz/blog/reporting)[Cultural change](/nz/blog/cultural-change) Recent incidents at Australian schools have brought the issue of student safety and well-being to public attention. These cases highlight the need for school reporting systems that allow students, staff, and parents to voice their concerns safely and transparently. Anonymous reporting apps have been critical in detecting and preventing bullying, harassment, and safety issues in educational institutions. ![Anonymous reporting for schools to enhance safety](https://media.elker.com/95e82cfb-04ea-4f76-8ee1-64f15a714c5a/anonymous_reporting_for_schools_1.png?width=992) ByElker Editorial TeamReviewed byJack MurrayUpdated22 April 2026 **TL;DR** - Anonymous reporting apps give students, parents, and school staff a secure and accessible way to raise concerns about bullying, harassment, abuse, and safety issues without fearing retaliation or shame. They directly address the barriers (fear, intimidation, lack of awareness, retaliation concerns) that stop most incidents in schools from being reported. - The 2017 Royal Commission into Institutional Responses to Child Sexual Abuse developed the Child Safe Standards, which recommend that institutions establish confidential complaint mechanisms, respond promptly to disclosures, and encourage reporting and intervention across the school community. - Modern reporting apps improve on legacy channels (in-person disclosures, anonymous email, telephone hotlines) because legacy channels often fail to protect anonymity and give responders no way to follow up with the reporter for clarification or support. - Purpose-built school tools should include age-appropriate language and guidance, [trauma-informed and person-centred](/nz/articles/person-centred-and-trauma-informed-approach) response templates, end-to-end encryption, auto-translation for students from non-English-speaking backgrounds, customisable reporting pathways, case management, mobile access, and real-time analytics for trend detection. - An anonymous channel complements (rather than replaces) mandatory reporting obligations, principal disclosures, and external routes like the police, state departments of education, and teacher registration bodies. ## Making institutions child-safe In 2017, the Royal Commission into Institutional Responses to Child Sexual Abuse underscored significant failures in protecting our most vulnerable. The Commission found that many victims of abuse did not report their experiences due to fear, shame, or a lack of faith in the reporting process. To address these issues, the Commission developed the [Child Safe Standards](https://www.childabuseroyalcommission.gov.au/sites/default/files/final_report_-_volume_6_making_institutions_child_safe.pdf) to improve child safety across various institutions, including schools. It is now recommended that institutions: - update their code of conduct, policies and response procedures to reflect the changing nature of online communications - adopt effective complaint-handling procedures - respond promptly and thoroughly to complaints - encourage reporting, intervention and proactive responses from the community - establish mechanisms for children, staff and families to make a confidential complaint, and - respond appropriately to disclosures, allegations and suspicions of harm. Anonymous reporting systems, [such as Elker](/nz/use-cases/schools), align with the Child Safe Standards by providing a secure, easy-to-use and anonymous way for students, parents, and teachers to [report concerns](/nz/articles/what-is-whistleblowing) or incidents without fear of reprisal. > Young people suggested anonymous complaint mechanisms could be developed to overcome these challenges. [p.155 - Final report](https://www.royalcommission.gov.au/system/files/2021-08/carc-final-report-volume-7-improving-institutiona-responding-and-reporting_1.pdf) - Volume 7 - Improving institutional responding and reporting ## Barriers to reporting Many incidents go unreported due to the following obstacles: - **Shame:** Children may feel shame over the incident or feel too intimidated to report in person. - **Retaliation:** Students and staff may fear retaliation or further [victimisation](/nz/articles/what-is-unlawful-victimisation-in-the-workplace) from making a disclosure. - **Education:** Lack of awareness about reporting processes or what constitutes reportable behaviour. - **Accessibility:** Inaccessible reporting systems, especially for younger students, ESL students or students with disabilities. - **Accountability:** A belief that the report won't be taken seriously or that the investigation process is not transparent. - **Generational understanding**: Some students reported that some adults lacked the understanding of various apps and communication tools where cyberbullying and abuse were taking place. ![Anonymous reporting for schools: speaking up about bullying and misconduct with Elker](https://media.elker.com/004b9a62-f578-49d8-9f35-70e6654f2aa7/anonymous_reporting_for_schools_2_aec776777b.png?width=992) ## Implementing a school reporting system In recent years, anonymous reporting apps have become [increasingly popular among schools](/nz/use-cases/schools), [universities](/nz/use-cases/universities), and [businesses](/nz/use-cases/businesses) to capture sensitive disclosures and protect students and staff. Previously, reporting was done in person, via an anonymous email contact form, or telephone hotline. However, these methods often [fail to protect the anonymity of reporters](/nz/articles/anonymous-reporting-advantages-disadvantages) and don't give responders a way to follow up on cases. Modern technology has vastly improved, allowing organisations to now be proactive in detecting incidents and supporting the safety of those making reports. Elker's anonymous reporting app is designed to address these barriers head-on, offering a user-friendly, secure, and customisable solution for schools. With [features like end-to-end encryption](/nz/features), Elker ensures the anonymity of reporters, fostering trust in the system. The platform's intuitive interface makes it easy for students of all ages to report concerns, while customisable reporting pathways allow schools to tailor the process to their specific needs. ### Customised for children Elker understands that children may have difficulty articulating their concerns or may accidentally disclose their identity when reporting. To address this, Elker uses easy-to-understand language and guides children through the reporting process, ensuring they feel safe and supported. ### Child-focused and trauma-informed response templates Responding to sensitive disclosures can be challenging. Elker simplifies the response process with comprehensive data capture while maintaining a [trauma-informed and person-centred approach](/nz/articles/person-centred-and-trauma-informed-approach) to sensitive reports. This ensures that every report is handled with the utmost care and sensitivity. ### Training Elker provides training and guides for responding to and managing cases, ensuring school staff have the knowledge and skills to handle reports effectively. ### Compliance Elker ensures compliance with child protection laws and privacy requirements for mandatory reporting. The platform ensures that schools are compliant with existing regulations and are prepared for all future legislative requirements. ### Auto-translation and accessibility Elker assists with automatic translation, enabling children from non-English-speaking backgrounds to make clear reports in their preferred language. ### Real-time analytics and pulse surveys Elker's real-time analytics help schools make data-driven decisions, proactively managing risks and safeguarding the well-being of students and staff. Pulse surveys [assess the safety climate](/nz/articles/culture-audit-guide) within the school community, providing students and staff with a platform to [express safety concerns and provide feedback](/nz/articles/anonymous-employee-feedback). ### End-to-end encryption Elker uses end-to-end encryption to ensure the highest level of security and confidentiality for all reports. This means that only the intended recipient can access the contents of a report, and no one else, not even Elker staff, can view the sensitive information contained within. ### Customisable reporting pathways Every school is unique, and Elker recognises this by offering customisable reporting options. Schools can tailor the reporting process to their specific needs, ensuring that reports are directed to the appropriate staff members and that the necessary steps are taken to address each concern. Elker allows you to report as an individual, or in a group, select the appropriate case manager and upload evidence. ### Efficient incident management Elker's built-in case management system helps schools organise, track, and resolve reports efficiently. Staff can assign cases, set deadlines, and collaborate with one another to ensure that each report receives the attention it deserves. ### Mobile app Elker's mobile app makes it easy for students, staff, and parents to submit reports from anywhere, at any time. The app is user-friendly and intuitive, ensuring that anyone can use it to report concerns quickly and easily. ### Analytics Elker's advanced analytics tools provide schools with valuable insights into reporting trends and patterns. This information can help schools identify areas of concern, allocate resources effectively, and make data-driven decisions to improve student safety and well-being. ![Anonymous reporting for schools: what can be reported on the app?](https://media.elker.com/2891fc79-f5b3-4004-8adf-a7876c5a6a84/anonymous_reporting_for_schools_3.png?width=992) ## Conclusion In light of recent incidents in Australian schools, the importance of anonymous reporting systems cannot be overstated. By providing a secure and accessible platform for students, staff, and parents to voice their concerns, tools like Elker play a vital role in enhancing safety, preventing harm and safeguarding the integrity of your school. If you would like to find out more, [book a demonstration](/nz/book-demo) of the platform or [request a quote](/nz/pricing) for your school. ### Key takeaways - The six barriers to student reporting (shame, retaliation, lack of education about the process, accessibility, lack of accountability, generational gaps in understanding online spaces) each require a different design response. A tool that only tackles one of them leaves the others in place. - Many instances of cyberbullying and online abuse happen on platforms adults at the school may not understand well. A reporting channel has to accept disclosures about conduct occurring outside the classroom and outside school hours. - Accessibility is a first-class design requirement. Younger students, students with disabilities, and students from non-English-speaking backgrounds each need specific accommodations (simple language, translation, visual cues, mobile-first interfaces). - Follow-up capability separates serious school tools from form-based channels. Anonymous two-way messaging lets responders ask clarifying questions and provide welfare support without breaking anonymity. - Aggregated analytics from a school reporting channel can surface patterns across year levels, classes, locations, and times of day. Those patterns drive targeted prevention alongside individual case handling. ## Frequently asked questions It gives students, parents, and staff a secure, low-barrier channel for raising safety concerns, early signs of bullying, or disclosures of abuse. When students see that reports are taken seriously and followed up on, the channel reinforces a speak-up culture and shifts the school from reactive incident response to early intervention. Tools built on a [respectful environment](/nz/articles/respect-in-the-workplace) approach support this directly. The combination of a streamlined intake process, confidentiality protections through features like end-to-end encryption and secure messaging, customisable workflows that match the school's internal escalation paths, and direct evidence upload (photos, screenshots, documents). Strong [case management](/nz/articles/dealing-with-workplace-misconduct) lets staff triage, investigate, and close the loop while keeping reporters anonymous where they choose to be. Reporting saves lives. If a crime has been committed, the first call should be to the police. For other concerns, schools should publicise the anonymous channel across multiple touchpoints (the intranet, posters, classroom introductions), and make clear that direct disclosure to a principal or head teacher is also an option. State departments of education and teacher registration bodies offer additional external routes for parents and carers. Tackle the underlying dynamics of [bullying](/nz/articles/understanding-and-preventing-workplace-bullying) at the same time as building the reporting channel. Through end-to-end encryption of submissions and messages, selective data collection (only what is necessary to handle the report), user-controlled sharing so the reporter decides which staff see their information, regular security testing, and training for case managers on confidentiality obligations. Confidentiality is undermined when staff discuss reports informally, so process discipline matters as much as the technology. They work together. Designated staff (typically teachers, principals, and other prescribed persons) still have mandatory obligations to report suspected child abuse to child protection authorities. An anonymous school channel gives students, parents, and other community members a route to raise concerns that may then trigger mandatory reporting by the staff member who receives the disclosure. Both pathways are needed, and protecting reporters against [victimisation](/nz/articles/what-is-unlawful-victimisation-in-the-workplace) underpins both. ### Sources 1. Royal Commission into Institutional Responses to Child Sexual Abuse, Final Report Volume 6: Making institutions child safe (2017) 2. National Office for Child Safety, National Principles for Child Safe Organisations 3. Australian Institute of Family Studies, Mandatory reporting of child abuse and neglect resource sheet 4. NSW Department of Education, guidance for parents, carers and students on complaints 5. Victorian Institute of Teaching, complaints and conduct resources 6. Oranga Tamariki and the Children's Act 2014 (NZ) _This article is general information only, not legal advice. Laws change and individual circumstances differ. For advice on your specific circumstances, consult a qualified legal practitioner. See our [Terms of Use](/nz/policies/terms) for the full disclaimer._ ## You might also like --- url: https://elker.com/nz/articles/bystander-effect-in-the-workplace title: "Bystander Effect at Work: Intervention Guide | Elker" description: "👨‍💼 Understand the bystander effect and its implications in the workplace. Learn strategies to create a safer work environment." locale: en-NZ generated: 2026-07-01T14:05:42.879Z --- Oct 10, 2023 # The bystander effect in the workplace. Learn intervention strategies to prevent violence at work. [Cultural change](/nz/blog/cultural-change) In this article, we explore the bystander effect and discuss strategies to stop harassment and sexual violence occurring in the workplace and campus. ![The bystander effect in the workplace: Learn intervention strategies to prevent violence at work](https://media.elker.com/f2de8e81-432a-4cf8-b1ea-968b961915dc/bystander-effect-intervention-strategies.jpeg?width=992) ByElker Editorial TeamReviewed byJack MurrayUpdated22 April 2026 **TL;DR** - The bystander effect (also called bystander apathy) is where individuals are less likely to assist someone in distress when others are present, because each person assumes someone else will intervene. The Kitty Genovese case in New York (1964) is the most-cited historical example. - Research by Darley and Latané established diffusion of responsibility as the underlying mechanism: the more witnesses, the less any individual feels personally responsible to act. - In the workplace, the effect shows up when employees witness harassment, discrimination, bullying, or unsafe practices but stay silent, particularly when the perpetrator is senior. The Sex Discrimination Act 1984 and new WHS laws create a legal obligation to address these situations. - The article sets out three intervention tiers: primary prevention (training, policies, positive duty compliance), secondary prevention using the 5 Ds framework (direct, distract, delegate, delay, document), and tertiary prevention (person-centred and trauma-informed responses after an incident). - The Below Deck Down Under - Season 2 case study illustrates active intervention in practice: production crew broke the "fourth wall" to remove a crew member from a dangerous situation, and Captain Jason Chambers terminated two crew for misconduct. **Warning:** This article contains discussions of sexual misconduct, harassment, and related themes that might be distressing to some readers. ## What is the bystander effect? The bystander effect, often called bystander apathy, is where individuals are less likely to assist someone in distress if others are present. This behaviour is rooted in the belief that others will intervene, leading to situations where no one steps in to help. One of the most widely cited examples of the bystander effect was the case of Kitty Genovese in New York City in 1964. Despite being attacked in a populated area with several witnesses present, no immediate assistance was offered. It's widely believed that witnesses to the event may have assumed that others would intervene, diffusing the responsibility to act. Understanding the bystander effect is essential, especially as it manifests in various settings, from public spaces to universities and workplaces, affecting how individuals respond to an emergency situation requiring intervention. ### Diffusion of responsibility Diffusion of responsibility is a socio-psychological phenomenon where individuals feel a diminished sense of personal responsibility to act when others are present. This reduction in perceived responsibility can lead to inaction, especially in situations where intervention is required. The essence of this phenomenon is the belief that others will intervene or that the responsibility to act is shared among all witnesses. As the number of bystanders increases, each individual's sense of personal duty to intervene decreases. Research by American psychologists Darley and Latané has been instrumental in understanding this phenomenon. Their studies highlighted how the presence of other bystanders can significantly reduce the likelihood of an individual offering help in emergency situations. Their findings have been foundational in social psychology, emphasising the importance of understanding group dynamics and individual responsibility. ### **Passive bystander** A passive bystander is an individual who observes a situation but does not take any action to intervene. Various factors can influence this lack of intervention, but two primary elements play a significant role: social norms and social influence. Social norms, the unwritten rules about how to behave in particular situations, can discourage individuals from stepping out of their comfort zones or going against the perceived status quo. When these norms dictate that intervention is not the 'norm,' individuals may hesitate to act, even if they believe the situation is wrong. Social influence, on the other hand, refers to how people change their behaviour based on the actions or beliefs of others. In the context of bystander behavior, if no one else is taking action, an individual might assume that the intervention is unnecessary or even inappropriate. The consequences of passive bystander behaviour can be severe, especially for victims of violence. When bystanders do not intervene in situations of violence against women or family violence, it leaves the victim vulnerable and perpetuates a culture where such actions are tolerated. The lack of intervention can further traumatise victims, making them feel isolated and unsupported in their distressing moments. ### **Active bystander** An active bystander is an individual who not only observes a potentially harmful situation but also chooses to intervene or challenge it. This proactive approach sets them apart from passive bystanders, who might witness the same situation but refrain from taking action. Active bystanders can prevent instances of violence, [promote respectful relationships](/nz/articles/respect-in-the-workplace), and foster a workplace culture where inappropriate or threatening behaviours are not tolerated. Active bystanders often serve as valuable allies in combating disrespectful behaviour and play a crucial role in preventing incidents from escalating. As we will discuss, individuals can employ various strategies to become an active bystander. Direct intervention is one approach where the bystander directly addresses the situation. However, if direct intervention feels unsafe or uncomfortable, seeking assistance from authorities or people nearby is another viable option. Bystander training programs have been developed to equip individuals with the skills and knowledge to intervene effectively and safely in various situations. ### **Differences in perceptions of sexual harassment** The Australian Human Rights Commission defines sexual harassment as unwelcome sexual behaviour that a reasonable person would anticipate would make someone feel offended, humiliated or intimidated. This can include actions like staring, leering, unwelcome touching, suggestive comments, and sharing sexually explicit content. The perceptions of what constitutes harassment can significantly impact bystander intervention. If an act is not universally recognised as harassment, bystanders might be less likely to intervene in cases of sexual assault or violence. This is particularly concerning as both men and women can experience sexual harassment, but it is most commonly experienced by women. For effective bystander intervention, it's crucial to promote a universal understanding of [what constitutes sexual harassment](/articles/5-risk-factors-for-sexual-harassment-in-the-workplace) and the severe consequences it can have on victims. This understanding can be fostered through education, awareness campaigns, and clear workplace policies. ### **Bystander effect in the workplace** Employees often witness instances of unethical or inappropriate behaviour, such as harassment, [discrimination](/articles/discrimination-in-the-workplace), or other forms of mistreatment. However, the presence of others can deter them from speaking up or taking action, especially if the perpetrator is of significant status in an organisation. Inaction can have severe consequences. Not only does it perpetuate a culture where such behaviours are tolerated, but it can also lead to increased workplace [bullying](/nz/articles/understanding-and-preventing-workplace-bullying) and harassment. Victims may feel isolated and unsupported, decreasing morale, productivity, and overall well-being. In the Sex Discrimination Act 1984, workplaces have a [legal obligation to address sexual violence](/articles/7-standards-positive-duty-sex-discrimination-act) and harassment in the workplace or campus. Likewise, new Work Health and Safety laws now mandate the [elimination of psychosocial hazards in the workplace](/articles/psychosocial-hazards-at-work). Failing to do so can result in legal consequences, including lawsuits and penalties. Workplaces must take reasonable and proportionate measures to eliminate unlawful conduct and actively foster a safe environment for their employees. ## **Bystander intervention strategies** In Australia, creating a safe and respectful work environment is not just a moral imperative but also a legal one. Organisations are bound by law to prevent sexual harassment, [discrimination on the ground of an employee's protected attributes](/articles/protected-attributes) and workplace bullying to ensure the well-being of their employees. Let's investigate the strategies of intervention: ### Primary prevention strategies Primary prevention strategies are proactive measures implemented before violence or inappropriate behaviour occurs. The focus is on circumventing violence by addressing its root causes or determinants, mitigating risk factors associated with violence, and bolstering protective factors against it.  Successful primary prevention ensures that the first instance of violence is entirely prevented. It also emphasises the role individuals can play in challenging societal attitudes, norms, behaviours, and power imbalances that contribute to violence against women.  To ensure positive duty compliance with the Sex Discrimination Act [Respect@work reforms](/articles/what-the-respect-at-work-bill-means-for-your-business), your organisation should refer to the [Australian Human Rights Commission guidelines](/articles/7-standards-positive-duty-sex-discrimination-act) that outline the 7 standards every business must adhere to. To combat the bystander effect in the workplace, organisations can implement training programs that educate employees about the importance of intervening and provide them with the tools and strategies to do so effectively and safely. Organisations should update and regularly communicate their [policies on discrimination](/articles/employment-discrimination-law), harassment and misconduct.  For medium-to-large businesses, universities and organisations, implementing an [anonymous reporting tool](/nz/articles/anonymous-reporting-advantages-disadvantages) may be an effective solution where employees can [speak up freely](/articles/speak-up-culture) without fear of retribution. Many anonymous reporting solutions include features such as pulse surveys for conducting [culture audits](/nz/articles/culture-audit-guide). These tools gather employee feedback and help in the early detection and [prevention of workplace misconduct](/nz/articles/dealing-with-workplace-misconduct). ### Secondary prevention strategies: The 5 D's Secondary prevention strategies focus on the early detection and intervention in an unsafe situation. The goal is to intervene swiftly, preventing the escalation and effect of violence and addressing the immediate aftermath of violence. This form of prevention often involves actions taken at or after specific incidents of wrongdoing. Bystanders play a crucial role in secondary prevention by acting promptly to mitigate the impact of violence. #### **Direct intervention** This approach involves the bystander stepping in and addressing the inappropriate behaviour directly. This could mean calmly and assertively pointing out that a comment was inappropriate or asking someone to stop a particular behaviour in the workplace. It's essential to ensure that the intervention does not escalate the situation. Instead, the goal is to clarify that such behaviours are unacceptable in the workplace. #### **Distraction** Distraction is a more subtle approach where the bystander diverts attention away from the situation to de-escalate it. In a workplace setting, this could involve starting a new topic of conversation when inappropriate comments are made or finding a reason to move the person being targeted away from the situation. The primary aim is to interrupt the flow of the problematic behaviour without directly confronting the perpetrator. #### **Delegation** Delegation involves seeking assistance from others. In the workplace context, this could mean talking to a supervisor, HR representative, or another authority figure about the observed behaviour. It's instrumental when the bystander feels they might not have the influence or authority to intervene directly but knows someone who does. #### **Delay** While immediate intervention is often preferred, there are emergency situations where it might not be safe or appropriate to intervene on the spot. The delay approach involves checking in with the victim after the incident to offer support, gather more information, and discuss potential next steps. In the workplace, this could mean approaching a colleague after a meeting to express concern and offer assistance. #### Document Documentation is a crucial step in ensuring that there's a record of inappropriate behaviour or incidents in the workplace. Bystanders can take notes of dates, times, locations, individuals involved, and the nature of the behaviour or comments made. Copying emails or other written forms of communication can also be beneficial. This documentation can serve as evidence if the issue escalates or if formal complaints are made later. In the Australian workplace context, having a clear record can be invaluable in investigations and support the victim's claims, ensuring appropriate actions are taken against perpetrators. ### Tertiary prevention strategies Tertiary prevention comes into play after an act of violence has already occurred. It focuses on long-term responses, aiming to address the lasting consequences of violence, restore health and safety, and prevent further victimisation and perpetration. Activities under this prevention strategy are centred on [person-centred and trauma-informed responses](/nz/articles/person-centred-and-trauma-informed-approach)that minimise the impact of violence and ensure that victims receive the support and care they need. In this context, bystanders can contribute by offering support to victims, ensuring that perpetrators face consequences, and working towards creating an environment where recurrence is less likely. ![The bystander effect in the workplace: Below Deck ](https://media.elker.com/b374cc4d-5997-493a-9ab6-ed1786c78205/bystander-below-deck.png?width=992) Captain Jason and Aesha discuss the reports of sexual misconduct on Below Deck Down Under. ## **Example of bystander interventions: The Below Deck Down Under incident** On reality TV, where drama is often scripted, the events on Below Deck Down Under - Season 2 presented a real-life risk that required direct intervention. The crew's response served as a poignant example of bystander intervention in a professional setting, highlighting the importance of taking action in the workplace. **Background**: During an episode aired on August 7, two crew members, Luke and Laura, were involved in separate incidents of sexual misconduct. Luke, after a night out, entered the cabin of Margot, a young woman and crew member who was unconscious at the time. Margot had clearly stated she was going to bed and was not interested in Luke being with her. Separately, Laura made several unwanted advances towards deckhand Adam, despite his clear indications of disinterest. Adam did not report the incident to the captain as he did not want to "make a big deal" of the harassment. **Intervention**: The production team, who typically remain behind the scenes, took the unprecedented step of breaking the "fourth wall" and intervening when Luke entered Margot's cabin naked. Recognising the potential harm and violation of boundaries, the film crew physically removed Luke from the scene, ensuring Margot's safety. Aesha, the chief steward, reported the incident to the captain, Jason Chambers, who took swift action by removing Luke from the ship. In Laura's case, Aesha reported her harassment of Adam to the captain. After being informed of her inappropriate behaviour toward Adam and her insensitive comments regarding Luke's actions, Captain Jason decided to terminate her employment, emphasising the importance of respecting boundaries and the feelings of fellow crew members. **Actions and outcomes**: Captain Jason Chambers convened a crew meeting to emphasise the importance of respecting boundaries and maintaining professionalism in the workplace. He reinforced a zero-tolerance policy towards any form of [serious misconduct](/nz/articles/serious-misconduct), leading to the termination of both Luke and Laura's employment. The captain's decisive actions clearly conveyed the importance of maintaining a safe and respectful environment. The crew's response was widely appreciated by fans, who were alarmed by the incidents but impressed by the swift and decisive intervention taken by both the production crew and the ship's captain. Margot and Aesha publicly thanked the production team and Captain Jason for their support and intervention. **Conclusion**: The "Below Deck Down Under" incident underscores the importance of bystander intervention. The film crew's proactive approach, combined with Captain Jason's decisive actions, ensured the safety of the crew members and reinforced the importance of maintaining boundaries and respect. This incident serves as a powerful reminder that, regardless of the setting, everyone is responsible for taking action when witnessing inappropriate or threatening behaviours, ensuring a safe and respectful workplace for all. ## **MATE bystander program** The [MATE Bystander Program](https://matebystander.edu.au/about/), a Griffith University and Victorian Health Promotion Foundation project, is an educational and intervention initiative designed to empower individuals to be proactive in preventing domestic violence, interpersonal violence and workplace sexual violence. Training individuals to become active bystanders is paramount in creating a culture where everyone feels empowered to act against inappropriate or threatening behaviours. Different bystander intervention training methodologies, such as workshops, webinars, and interactive sessions, ensure participants are well-equipped to intervene safely and effectively. The MATE Bystander Training, for instance, focuses on teaching individuals to become proactive bystanders who can step in and address problematic behaviour. Research plays a crucial role in shaping and improving these training programs, ensuring they remain relevant, effective, and aligned with the evolving societal norms and challenges. ## **Take action in the workplace** Sexual assault and harassment are serious breaches of professional conduct and may even lead to criminal charges. Every individual, from entry-level employees to senior management, has a moral obligation to intervene in cases of unlawful behaviour or potential harm, ensuring the safety and well-being of their colleagues. A safe workplace is built on respect, understanding, and proactive intervention. Organisations must prioritise the establishment of clear policies against harassment and violence, regular training sessions on bystander intervention, and the promotion of a culture where everyone feels empowered to act against inappropriate or threatening behaviours. The introduction and promotion of a [whistleblowing](/nz/articles/what-is-whistleblowing) hotline or [anonymous reporting software](/nz/articles/whistleblowing-software) in the workplace can further encourage employees to speak up about their concerns without fear. By taking action against sexual assault and violence and fostering a culture of proactive intervention, workplaces not only support their employees but also contribute to building a more respectful and harmonious professional environment. ### Key takeaways - The bystander effect is a predictable group dynamic, not a character failing. It operates regardless of individual values or intent, which is why structural interventions work better than moral appeals. - Under Respect@Work positive duty compliance and new WHS laws, Australian organisations have a legal obligation to take reasonable and proportionate measures to eliminate sexual harassment and psychosocial hazards. Bystander programmes support that duty. - The 5 Ds framework gives bystanders concrete action options. Distraction and delegation are often more practical than direct confrontation, particularly where there is a power imbalance. - Perceptions of what constitutes harassment vary, which is why education and clear workplace policies matter as much as individual training. Universal recognition of harassing behaviour increases intervention rates. - Anonymous reporting is the lowest-friction way to act. It allows colleagues to document and report misconduct without the personal cost that deters direct intervention. ## Frequently asked questions The bystander effect, sometimes called bystander apathy, is the phenomenon where individuals are less likely to help someone in distress when others are present. Each witness assumes others will step in, so no one does. It was studied extensively by American psychologists Darley and Latané, whose research showed that the presence of additional bystanders significantly reduces the likelihood of any individual offering help. Employees often witness harassment, [discrimination](/articles/discrimination-in-the-workplace), bullying, or other misconduct but stay silent, particularly when the perpetrator holds significant status. Inaction perpetuates a culture where such behaviours are tolerated and can increase [workplace bullying](/nz/articles/understanding-and-preventing-workplace-bullying) and harassment. Under the Sex Discrimination Act 1984 and new WHS laws targeting [psychosocial hazards](/articles/psychosocial-hazards-at-work), workplaces have a legal obligation to address this. Direct (calmly address the behaviour yourself), distract (divert attention away from the situation to de-escalate), delegate (seek help from a supervisor, HR, or another authority), delay (check in with the person after the incident to offer support), and document (record dates, times, locations, and details to support later investigation). The framework lets bystanders choose the safest effective option for the situation. Train employees on intervention strategies, update and regularly communicate policies on discrimination, harassment, and misconduct, ensure [Respect@Work positive duty compliance](/articles/7-standards-positive-duty-sex-discrimination-act) with the seven AHRC standards, and implement a [speak-up culture](/articles/speak-up-culture) with multiple reporting channels. Medium-to-large organisations should consider an [anonymous reporting tool](/nz/articles/anonymous-reporting-advantages-disadvantages). Anonymous channels remove one of the main barriers to intervention: the social and professional cost of being identified as the person who raised a concern. Many anonymous platforms also include pulse surveys for [culture audits](/nz/articles/culture-audit-guide), which help identify systemic issues that individual reports alone would miss. The result is earlier detection of misconduct and better data for leaders. ### Sources 1. Darley, J. and Latané, B., research on diffusion of responsibility and bystander intervention (Journal of Personality and Social Psychology) 2. Australian Human Rights Commission, Respect@Work National Inquiry Report 3. Sex Discrimination Act 1984 (Cth) 4. MATE Bystander Program, Griffith University and Victorian Health Promotion Foundation 5. Safe Work Australia, guidance on psychosocial hazards and workplace harassment prevention 6. Anti-Discrimination and Human Rights Legislation Amendment (Respect at Work) Act 2022 _This article is general information only, not legal advice. Laws change and individual circumstances differ. For advice on your specific circumstances, consult a qualified legal practitioner. See our [Terms of Use](/nz/policies/terms) for the full disclaimer._ ## You might also like --- url: https://elker.com/nz/articles/case-management-software title: "Case management software for sensitive matters: complete guide | Elker" description: "A complete guide to case management software for sensitive workplace matters. How it works, what to look for, and how to compare vendors against AU/NZ duties." locale: en-NZ generated: 2026-07-01T14:05:42.936Z --- Apr 1, 2026 # Case management software for sensitive matters: a complete guide [Reporting](/nz/blog/reporting)[Compliance](/nz/blog/compliance) How case management software works, what makes it different when the cases involve sensitive disclosures, and what to look for when you're comparing platforms or running a tender. ![Person on Computer using Case Management Software with text "Case management software for sensitive matters: a complete guide"](https://media.elker.com/be4ffc70-44ce-4ffe-9b52-7d3a9735a83f/case-management-software.png?width=992) ByElker Editorial TeamReviewed byJack MurrayUpdated22 April 2026 If you search for "case management software" in 2026 you get a stack of legal-practice tools, social-services platforms, and horizontal workflow systems. Most of them are built around the case as an object: how to track it, route it, update it, close it, report on it. That's a reasonable product category if the cases you're managing are tickets, legal matters, or service episodes. It's a different problem entirely when the cases are sensitive workplace matters. A disclosure from a worker who is afraid of being identified. An incident report from an aged care resident or their family. A complaint from a student about a teacher. An allegation of fraud against a senior executive. A wellbeing concern from a new starter in a male-dominated team. In these cases, the case object is secondary. The people are primary. Protect the people at every step, or the system fails. This guide is about the kind of case management software that gets that right. It walks through what case management software does, why sensitive matters need a different kind of platform, the features and architecture that matter most, how to compare vendors, and how to choose. It's written for the people who are evaluating options: compliance leads, heads of people and culture, general counsel, risk and audit teams, and the executives who sign the procurement. ## TL;DR - Case management software is a dedicated platform for receiving, triaging, investigating, and closing out discrete cases. For sensitive workplace matters, it replaces the ad-hoc arrangements (shared inboxes, spreadsheets, legal hold folders on a shared drive) that fail audit scrutiny and put people at risk. - The category divides into two halves. Horizontal case management (legal practice, social services, general workflow) treats the case as the central object. **Case management for sensitive matters treats the people inside the case as the central object** and builds the product around protecting them. - The five things that distinguish a good sensitive case management platform are: secure multi-channel intake with genuine anonymity, protecting people throughout the case lifecycle, protecting data throughout the case lifecycle, managing cases end-to-end from intake to board reporting, and aligning with the Australian and New Zealand regulatory landscape that actually applies to most cases. - Generic form tools, shared inboxes, and spreadsheets are not fit for sensitive case management use. The legal, reputational, and operational risks of relying on them exceed the cost of a purpose-built platform several times over. - When you run a tender, the criteria that matter most are (1) genuine anonymity in the intake channel, (2) audit trail integrity through the case lifecycle, (3) role-based access that can be configured to your organisation's structure, (4) the vendor's security certifications (ISO 27001 and SOC 2 are the baseline), and (5) the vendor's track record handling the specific regulatory obligations that apply to your sector. > **Looking for a vendor comparison?** This guide is about case management software in general: what it is, how it works, and what distinguishes sensitive-matter platforms from generic ones. If you want a side-by-side comparison of specific whistleblowing platforms (with case management features compared across 15 vendors), see [Best Whistleblowing Software — Top Solutions](/nz/articles/whistleblowing-software) instead. If you want to evaluate Elker's case management platform specifically, visit the [case management software solution page](/nz/solutions/case-management-software). ## What case management software actually does Case management software is, at its simplest, a dedicated platform for the work of managing discrete cases through a defined workflow from intake to closure. The core capabilities are the same across every version of the category: receiving cases from one or more intake channels, triaging them by severity and type, assigning them to the right case handlers, tracking every action and decision, communicating with the people involved, making and recording decisions, closing the case with a documented outcome, and reporting on aggregate patterns over time. What changes between different case management platforms is what kind of case they're built for. Legal practice case management (Clio, MyCase, LEAP) is built around legal matters: client files, billable hours, court dates, trust accounting. Social services case management (Bonterra, Penelope) is built around clients and their care plans: assessments, service delivery records, funding reporting, multi-agency coordination. Generic workflow tools (Jira, ServiceNow, Monday) treat "case" as a ticket to be moved through a pipeline. Case management for sensitive workplace matters is a different category again. The cases are disclosures, complaints, incidents, and concerns about conduct, safety, wellbeing, or integrity. The people inside the cases are workers raising concerns, witnesses, subjects of allegations, investigators, and decision-makers, and every one of them carries a real risk of harm from the process itself. The platform has to handle that risk actively, not as an afterthought. ## Why sensitive matters need a different kind of case management Three things make sensitive workplace cases different from the cases legal or social services or IT ticketing platforms are built for. **First, the identity of the person raising the concern is itself sensitive data.** The whole legal regime around whistleblower protection (the Corporations Act 2001 (Cth) Part 9.4AAA in Australia, the Public Interest Disclosure Act 2013 (Cth) for Commonwealth agencies, the Protected Disclosures (Protection of Whistleblowers) Act 2022 in New Zealand) exists because disclosers are routinely retaliated against when their identity becomes known. The Respect@Work positive duty, state and federal WHS psychosocial regulations, and sector-specific frameworks like the Aged Care Quality Standards and the National Child Safe Principles all depend on workers feeling safe enough to raise concerns. A case management system that leaks discloser identity, even accidentally, undermines the entire regulatory frame. **Second, the content of sensitive cases affects multiple people at once, and each of them has legal rights.** A single disclosure often names the discloser, one or more subjects, one or more witnesses, and sometimes third parties with no direct involvement. Each of those people has privacy rights under the Privacy Act 1988 (Cth) in Australia and the Privacy Act 2020 in New Zealand. The subject has procedural fairness rights around the investigation. The discloser has confidentiality rights and retaliation protections. The witnesses have the same privacy rights as the parties. Managing one case is actually managing several intersecting sets of legal duties. **Third, the stakes of getting it wrong are asymmetric.** A minor process failure in a legal practice case means a billing dispute or a scheduling reschedule. A minor process failure in a sensitive workplace case means a discloser being identified and pushed out of their job, a subject being disciplined before they got a chance to respond, or a regulator discovering the organisation had no functioning speak-up system. The costs of failure are paid in personal harm, legal exposure, and regulatory consequences, and they compound over time. A generic case management tool that is 95 per cent as good as a sensitive-matters platform is far more than 5 per cent worse in practice. The failure modes are concentrated on the cases that matter most. The practical implication is that sensitive case management software has to be built differently from the ground up. Not retrofitted from a horizontal platform. Not adapted from a legal tool. Designed around the people inside the cases from day one. ## What a good sensitive case management platform actually does There are five capability areas that distinguish a good sensitive case management platform from a generic one. Each of them deserves its own section, and each of them maps to a set of articles you can read for depth. ### 1\. Secure multi-channel intake Intake is the front door. Everything downstream depends on it being trustworthy. A good platform accepts disclosures through multiple channels so workers can raise concerns through whichever option suits them: a web form, a mobile app, a QR code linked from a poster, a phone line, an email alias, or an in-person meeting that's transcribed into the platform. Different channels matter for different people: field workers without desktop access need the mobile option, older workers may prefer the phone line, some sectors need multilingual intake for workers with limited English, and students or residents in care settings often need age-appropriate and accessibility-adapted intake. The critical feature of sensitive-matter intake is **genuine anonymity as an option**, not as an afterthought. "Genuine" means the platform does not log IP addresses by default, does not collect device fingerprints, does not require an email address to accept a disclosure, and does not quietly retain identifying metadata that could be used to reconstruct the reporter's identity later. Platforms that claim anonymity but retain metadata "just in case" are not actually anonymous, and this is a well-documented pattern in the comparison literature. Ask vendors specifically what is logged, and what is not, during anonymous intake. The second critical intake feature is **two-way anonymous messaging**. Older "drop box" style anonymous reporting forced a binary: either the discloser identified themselves, in which case the organisation could ask follow-up questions, or the disclosure was anonymous and the organisation had to work with whatever the reporter had already said. Modern platforms solve this with a secure message channel that preserves the reporter's anonymity while letting the organisation ask clarifying questions, acknowledge receipt, share updates, and close the loop. This capability alone changes investigation outcomes, because most cases need at least some follow-up to be resolved properly. For more on the intake side of sensitive case management, see the articles on [what whistleblowing actually is](/nz/articles/what-is-whistleblowing), the [advantages and disadvantages of anonymous reporting](/nz/articles/anonymous-reporting-advantages-disadvantages), and the [regulatory context for ethics hotlines](/articles/ethics-hotline). ### 2\. Protecting people across the case lifecycle Intake is only the beginning. A disclosure that is handled anonymously at intake but exposes the discloser at the investigation step, the outcome communication, or the board report has still failed. Protecting people is a lifecycle problem, not a feature of the intake screen. The three capabilities that carry the load here are role-based access control, segregation of duties, and configurable workflow. **Role-based access control** means that case handlers only see the cases they're assigned to and the parts of those cases they need to do their job. A triage officer sees new cases but not the investigation notes; an investigator sees their assigned cases but not the board analytics; a board member sees aggregated themes but not individual case files. The platform enforces these boundaries at every click, with every access logged for audit. **Segregation of duties** matters because sensitive cases often involve someone in the organisation's normal case-handling chain, and the normal chain has to be bypassed. If a complaint is about the CEO, the CEO cannot be in the escalation path. If a disclosure is about the head of HR, HR cannot be the exclusive handler. A good platform lets the organisation configure escalation rules that route cases around conflicts of interest automatically, based on who is named in the case, who is making the allegation, or what sensitivity classification the case carries. **Configurable workflow** matters because different sectors have different investigation standards and different regulatory obligations. A school investigating a child safety concern has to route to mandatory reporting pathways that an aged care provider investigating a restrictive practice concern doesn't have, and vice versa. A platform that forces every case through the same workflow is a platform that will break as soon as it meets a case that doesn't fit. The articles that go deeper on this dimension include [dealing with workplace misconduct](/nz/articles/dealing-with-workplace-misconduct), [whistleblowing in aged care](/articles/whistleblowing-in-aged-care), and the [incident management system requirements under the Serious Incident Response Scheme](/articles/incident-management-system-aged-care). ### 3\. Protecting data across the case lifecycle The information inside a sensitive case is some of the most sensitive data an organisation holds: allegations about real people, before any of those allegations have been tested. Protecting it is a regulatory requirement, a contractual obligation to the people inside the case, and a practical necessity for the organisation's integrity. The baseline for data protection in sensitive case management is **encryption at rest and in transit**, so that case data is unreadable to anyone who doesn't have legitimate access, and **audit trails** that record every access to every case file, every document uploaded, every note written, and every decision made, with immutable timestamps. When a discloser later asks "who saw my case?", the platform should be able to produce a complete answer, not an approximation. When a regulator asks "how did you handle this?", the platform should produce a full timeline from the contemporaneous record, not a reconstruction from memory and email. Beyond the baseline, four more capabilities matter for sensitive data. **Privacy law alignment.** The Privacy Act 1988 (Cth) in Australia and the Privacy Act 2020 in New Zealand both apply to personal information held inside case files. The 13 Information Privacy Principles in the NZ Act, and the 13 Australian Privacy Principles in the Cth Act, govern how that information is collected, stored, used, and disclosed. A good case management platform makes compliance with these principles operationally easy: role-based access implements collection and use limitations, audit trails support accountability, retention policies implement storage and destruction requirements, and access controls let organisations respond to subject-access requests without exposing confidential sources. **Retention, destruction, and legal hold.** Case data should not be kept forever. The Privacy Act principles (IPP 9 in NZ, APP 11 in AU) require personal information to be destroyed or de-identified when it is no longer needed for the purpose it was collected for. A good platform lets organisations configure retention periods by case type, schedule destruction, and put matters on legal hold when litigation or regulatory action is pending, without having to do it manually on a shared drive. **Cross-border data residency.** Many organisations, especially those with global operations, have legal or contractual restrictions on where case data can be stored. A good platform lets customers choose the data residency region and proves the claim with independent certification. Data residency that's enforced by the vendor's word rather than by architecture is not really data residency. **Security certifications.** ISO 27001 and SOC 2 are the baseline trust signals in the enterprise security market. Both are independent attestations that the vendor's security controls have been audited against recognised standards. Any sensitive case management vendor that does not hold at least one of these, and ideally both, is asking you to take their security claims on trust rather than on evidence. Elker is ISO 27001 certified and SOC 2 attested. For the regulatory context behind these data-protection requirements, the articles on the [NZ Privacy Act 2020 and anonymous reporting](/nz/articles/nz-privacy-act-2020-anonymous-reporting), [ISO 37002](/nz/articles/iso-37002), and [Corporations Act whistleblower protections](/articles/corporations-act-whistleblower-protections) go into more depth on the specific obligations that drive these features. ### 4\. Managing cases end-to-end Intake and protection are the foundations. What you actually do with cases is the point. A sensitive case management platform has to handle the operational load of running cases from the moment they're received through to the moment they're closed and reported on. The capabilities that matter here are **structured investigation workflow** (templates, evidence handling, witness management, timeline reconstruction), **case-level communication** (two-way messaging with the discloser, communication with the subject at the right points in the process, communication with witnesses, communication with third parties like unions or lawyers), **documented decision-making** (recording findings of fact, reasoning, proposed actions, approvals, and final decisions in a way that survives scrutiny), and **aggregated analytics and board reporting** (themes across cases, volume trends, time-to-resolution, retaliation complaints, open case queues, sector-specific regulatory metrics). The last of those deserves particular attention. Under the Corporations Act whistleblower regime, boards of ASX-listed and large proprietary companies are expected to have oversight of whistleblower disclosures. Under the Respect@Work positive duty, the Australian Human Rights Commission assesses compliance partly on whether organisations have board-level oversight of sex discrimination and harassment trends. Under the new Aged Care Act, provider boards are expected to have visibility into serious incidents and their handling. Under the section 44 due diligence duty in NZ's Health and Safety at Work Act 2015, officers need information about psychosocial hazards and the organisation's response to them. All of these obligations translate into a practical need for board-level reporting that the organisation can produce without assembling a manual report every quarter. The article on [psychosocial risk assessment](/articles/psychosocial-risk-assessment-guide) covers the board-reporting dimension in more depth for psychosocial cases, and the articles on the [Public Interest Disclosure Act 2013](/articles/public-interest-disclosure-act-2013) and the [NZ Protected Disclosures Act 2022](/nz/articles/nz-protected-disclosures-act-2022) cover the regulatory oversight dimension for public-sector and NZ contexts. ### 5\. Choosing: how to compare vendors and run a tender Once you understand what the platform should do, the work of selecting one becomes more tractable. The vendor landscape divides into three broad tiers. **Tier 1: generic tools.** Shared inboxes, spreadsheets, ticketing systems, generic form tools, HR information systems with a complaints module bolted on. These fail on almost every axis for sensitive matters: no genuine anonymity, weak audit trails, no role-based access, no privacy-compliant retention, no investigation workflow, no board reporting. Organisations running sensitive matters through generic tools are accumulating legal and operational risk every week. The cost of moving off them is almost always much lower than the cost of staying on them. **Tier 2: single-purpose whistleblowing hotlines.** Traditional ethics hotlines and single-channel whistleblowing tools are better than generic tools, but they typically handle the intake half of the problem without handling the case management half. Organisations using them usually end up with a dual-tool setup: a hotline for intake, a spreadsheet or separate system for investigation and tracking. The seams between the two systems are where cases get lost. **Tier 3: dedicated sensitive case management platforms.** A small number of vendors specialise in end-to-end case management for sensitive workplace matters, covering intake through board reporting in a single platform. The leaders in this tier handle the five capability areas above as standard features, hold recognised security certifications, and are built around the regulatory context that applies to the customer. When you compare vendors, the tender criteria that actually matter are: - **Intake anonymity**: demonstrated, not just claimed. Ask for a technical explanation of what is and isn't logged during anonymous intake. - **Audit trail integrity**: ask to see a demonstration of the audit log for a test case, including how the vendor handles attempts to modify or delete entries. - **Role-based access configurability**: ask how access policies can be configured for your organisation's actual structure, including how the platform handles cases about people in the normal escalation chain. - **Privacy law alignment**: ask how the platform supports AU Privacy Act and NZ Privacy Act obligations specifically, not just "GDPR-compliant" statements that don't map cleanly to AU and NZ law. - **Security certifications**: ISO 27001 certified and SOC 2 attested is the baseline. Ask for copies of the certificates and the dates of last audit. - **Regulatory track record**: ask about customers in your sector and how the platform supports the specific obligations that apply to you (Corporations Act, PID Act, NZ Protected Disclosures Act, Respect@Work positive duty, Child Safe Standards, Aged Care Quality Standards, HSWA due diligence, etc.). - **Configurability vs customisation**: configurable platforms (self-serve, low-code) scale better than customised ones (vendor-built) because customisation creates a dependency on the vendor for every change. - **Support, onboarding, and change management**: a sensitive case management platform is a high-stakes rollout. A vendor that treats it as a technology install rather than a change program is a red flag. ## How Elker fits in Elker is a speak-up and case management platform built for organisations handling sensitive matters. The platform pairs secure multi-channel intake with comprehensive case management that takes a disclosure all the way from anonymous intake through triage, investigation, decision, communication, and board-level reporting. Workers raise concerns through whichever channel suits the moment: a confidential whistleblowing disclosure, a speak-up survey, an incident report, a workplace complaint, or an ad-hoc message. Anonymity is an option at every step, preserved through two-way messaging that lets the organisation follow up without forcing identification. What makes customers come to Elker is speak-up. What makes them stay is the case management. The investigation workflow, the evidence handling, the role-based access, the audit trail, the configurable response process, and the analytics for executives and the board are comprehensive enough to handle the most complex and sensitive matters end-to-end. What makes customers trust Elker with their most sensitive data is the security architecture. Cybersecurity, information security, and granular access controls are designed into every layer of the platform following secure-by-design and privacy-by-design principles. Elker is **ISO 27001 certified** and **SOC 2 attested**. Encryption at rest and in transit, role-based access with full audit trails, and configurable data residency are foundational. Elker is Australian owned and operated, built to help organisations protect, support, and listen to their people, and to resolve issues quickly and fairly. Elker serves clients globally across languages and cultures. To learn more, see the [Elker case management software solution page](/nz/solutions/case-management-software), the [speak-up platform page](/nz/solutions/speak-up-platform), and the [workplace investigation software page](/nz/solutions/workplace-investigation-software). ## Key takeaways - Case management software is a category, and the category divides into sub-categories by what kind of case the platform is built for. Sensitive workplace matters are a distinct sub-category with their own requirements. - The defining characteristic of good sensitive case management software is that it is built around the people inside the cases, not around the cases as objects. - The five capability areas that matter are secure multi-channel intake, protecting people across the lifecycle, protecting data across the lifecycle, managing cases end-to-end, and aligning with the AU and NZ regulatory landscape. - Generic tools (inboxes, spreadsheets, ticketing systems) are not fit for sensitive case management. The risk they accumulate over time is far larger than the cost of moving to a purpose-built platform. - In a tender, the criteria that matter most are intake anonymity, audit trail integrity, role-based access configurability, privacy law alignment, security certifications (ISO 27001 and SOC 2), and regulatory track record in your sector. - The commercial case for sensitive case management software is that it lets organisations resolve issues quickly and fairly, reduces the legal and reputational risk of getting it wrong, and produces the board-level oversight that regulators now expect as a matter of course. ## Frequently asked questions Case management software is a dedicated platform for receiving, triaging, investigating, closing, and reporting on discrete cases. Different case management platforms are built for different kinds of case: legal matters, social services, IT tickets, or sensitive workplace disclosures. The underlying workflow is similar across categories; what changes is what the platform optimises for. Generic case management software treats the case as the central object and builds the product around tracking it efficiently. Case management software for sensitive matters treats the people inside the case as the central object and builds the product around protecting them. That includes genuine anonymous intake, role-based access, privacy law alignment, configurable segregation of duties, and audit trail integrity throughout the case lifecycle. Probably yes. Traditional whistleblowing hotlines handle the intake half of the problem well but don't cover the case management half (triage, investigation, decisions, communications, board reporting). Organisations running a hotline alongside a spreadsheet or separate investigation tool usually find that the seams between the two systems are where cases get lost. A dedicated case management platform that handles both halves in one system reduces risk and effort at the same time. For sensitive workplace matters, yes. Anonymity is an option workers need to have available, even if they don't always use it. A platform that cannot accept fully anonymous disclosures misses the population of workers who are most at risk and most in need of the system. Anonymity also has to be genuine (no IP logging, no device fingerprints, no metadata retention), not nominal. ISO 27001 (information security management systems) and SOC 2 (security, availability, processing integrity, confidentiality, and privacy) are the baseline enterprise trust signals. Any vendor handling sensitive case data should hold at least one and ideally both. Ask for current copies of the certificates and check the dates of last audit. Elker holds both. Every piece of personal information in a case file is covered by the Privacy Act 1988 (Cth) in Australia and the Privacy Act 2020 in New Zealand (plus GDPR for organisations handling EU data). A good case management platform makes compliance with the Privacy Principles operationally straightforward: role-based access implements collection and use limitations, audit trails support accountability, retention policies implement destruction requirements, and access controls let organisations respond to subject-access requests without exposing confidential sources. A defensible tender runs in four phases. Phase one: scope the evidence you need, not a feature list. Require vendors to document how anonymity is preserved across the case lifecycle (architectural evidence, not a yes/no checkbox), how they handle data residency, how role-based access can be configured, and current ISO 27001 / SOC 2 certifications with recent audit dates. Phase two: reference checks with two-plus existing customers in your sector, on the record, focusing on real-world incidents rather than marketing testimonials. Phase three: a 30-day pilot with a live but low-volume use case, measuring actual time-to-triage and ease of investigator onboarding. Phase four: weighted scoring that treats data-handling architecture and regulator-alignment as pass/fail gates, and functional fit + price as weighted criteria. For a cross-vendor comparison of whistleblowing platforms (including how each handles case management), see our [Best Whistleblowing Software](/nz/articles/whistleblowing-software) comparison guide. Well-designed platforms can go live in weeks for a basic configuration and scale over three to six months to a mature multi-sector rollout. What usually takes longer is the internal change work: agreeing on the policy framework, training case handlers, communicating the channel to workers, and embedding the new workflow into existing compliance and governance processes. Plan for the change work to take at least as long as the technology work. ## Sources and further reading **Australian regulatory framework** 1. Corporations Act 2001 (Cth), Part 9.4AAA, whistleblower protection provisions 2. Public Interest Disclosure Act 2013 (Cth), Commonwealth public sector whistleblower protection 3. Privacy Act 1988 (Cth), Australian Privacy Principles 4. Sex Discrimination Act 1984 (Cth), positive duty provisions (Respect@Work reforms) 5. Fair Work Act 2009 (Cth), Part 6-4B anti-bullying provisions 6. Safe Work Australia, Model Code of Practice: Managing psychosocial hazards at work (2022) 7. Aged Care Act 2024 and the Serious Incident Response Scheme 8. National Principles for Child Safe Organisations **New Zealand regulatory framework** 1. Protected Disclosures (Protection of Whistleblowers) Act 2022 (NZ) 2. Privacy Act 2020 (NZ), Information Privacy Principles 3. Health and Safety at Work Act 2015 (NZ) 4. WorkSafe NZ guidance on psychosocial hazards and mentally healthy work **International and technical standards** 1. ISO 37002:2021, Whistleblowing management systems guidelines 2. ISO 27001, information security management systems 3. SOC 2 (Service Organisation Control), security, availability, processing integrity, confidentiality, privacy 4. EU Directive 2019/1937, the EU Whistleblowing Directive _This article is general information only, not legal advice. Laws change and individual circumstances differ. For advice on your specific circumstances, consult a qualified legal practitioner. See our [Terms of Use](/nz/policies/terms) for the full disclaimer._ ## You might also like --- url: https://elker.com/nz/articles/combating-virtual-harassment-in-remote-work title: "Tackle Virtual Harassment in Remote Work Settings 👨‍💻" description: "Understand the rise of virtual harassment in remote work and work-from-home settings. Learn effective strategies for prevention with Elker." locale: en-NZ generated: 2026-07-01T14:05:42.989Z --- Sep 15, 2023 # Combating Virtual Harassment In Remote Work [Cultural change](/nz/blog/cultural-change) In the remote workplace, sexual harassment, bullying and discrimination can still thrive. Understand the rise of virtual harassment in remote work and work-from-home settings. Learn effective strategies for prevention with Elker. ![Combatting virtual harassment in remote work](https://media.elker.com/1a1e1585-1b24-42e9-8aa2-58f74f968438/combatting-virtual-harassment.jpeg?width=992) ByElker Editorial TeamReviewed byJack MurrayUpdated22 April 2026 **TL;DR** - Virtual harassment is unwelcome conduct that creates a hostile work environment through digital channels such as chat, email, video calls, and collaboration platforms. It is fully covered by Australia's workplace harassment and discrimination laws. - Research cited in the article shows harassment has risen in remote settings. A UK survey by Rights of Women found a 15% increase in online sexual harassment for women during COVID-19. Project Include reported that 25% of respondents experienced an increase in gender-based harassment during the pandemic. - Common forms include cyberbullying, discriminatory comments, cyberstalking, invasion of privacy, unsolicited sexually explicit content, sexual comments and advances, derogatory remarks and jokes, and online isolation (exclusion from meetings or channels). - Project Include's data shows harassment more often occurs over private channels: chat (45%), email (41%), and video meetings (41%). The absence of physical oversight enables harassers to target individuals one-on-one in unmonitored spaces. - Since 12 December 2023, the Australian Human Rights Commission has had enforcement powers over the positive duty in the Sex Discrimination Act. Remote and hybrid workplaces are not exempt from employer obligations to eliminate sexual harassment. In the post-COVID-19 era, the shift to remote work and hybrid employment conditions has become a common adaptation for many businesses worldwide. This change, while necessary and often convenient, has altered the dynamics of workplace interactions, leading to a rise in [workplace bullying](/nz/articles/understanding-and-preventing-workplace-bullying) and harassment in the remote work setting.  Ellen Pao, former CEO of Reddit and current CEO of Project Include, [shared a recent study](https://web.archive.org/web/20210517160105/https://projectinclude.org/assets/pdf/Project_Include_Harassment_Report_0321_R8.pdf) highlighting an increase in harassment based on age, gender, and race/ethnicity in remote work environments since the onset of the pandemic. A UK [survey by Rights of Women](https://web.archive.org/web/20220406221412/https://rightsofwomen.org.uk/news/rights-of-women-survey-reveals-online-sexual-harassment-has-increased-as-women-continue-to-suffer-sexual-harassment-whilst-working-through-the-covid-19-pandemic/) further reinforced this data, revealing that nearly half of the women who have experienced workplace sexual harassment have encountered some, if not all, of it online. The survey conducted also highlights a 15% increase in online sexual harassment for women working remotely during COVID-19. This growing concern emphasises the need for clear strategies and robust systems for workplaces to address and prevent online harassment in work-from-home settings, [ensuring a safe and respectful environment](/nz/articles/respect-in-the-workplace) for all employees. From December 12, the [positive duty in the Sex Discrimination Act](/articles/7-standards-positive-duty-sex-discrimination-act) will be enforced by the Australian Human Rights Commission. Remote and hybrid workplaces are not exempt from employers' duties to eliminate sexual harassment and sex-based [discrimination in the workplace](/articles/employment-discrimination-law). Now is the time for workplaces to take a stand against harassment. ## **What is virtual harassment?** Online harassment encompasses any unwelcome conduct, comments, or actions that create a hostile or intimidating work environment. It can involve discriminatory or offensive actions based on [characteristics such as race, gender, religion, or age](/articles/protected-attributes). Victims of harassment often experience profound emotional distress and mental health issues, anxiety, and a decline in work productivity. Perpetrators may face severe consequences, including disciplinary actions, termination, or legal repercussions. Employers bear the responsibility of addressing and preventing online harassment to ensure a safe and inclusive remote workplace. ## **Types and forms of virtual harassment** Online harassment takes various forms, often inflicting [psychological distress](/articles/psychosocial-hazards-at-work) and creating a hostile work environment. Understanding these forms is crucial to combatting such behaviour effectively. ### **Common types of remote workplace harassment** **Cyberbullying:** Cyberbullying involves using digital or private messaging platforms to intimidate, threaten, or humiliate a co-worker. This might include sending abusive emails, derogatory messages, or spreading false rumours about a coworker. **Discriminatory comments:** Harassment can manifest through [discriminatory remarks](/articles/discrimination-in-the-workplace) based on race, gender, age, religion, or other protected characteristics. Examples include inappropriate comments targeting a colleague's ethnicity during a video conference. **Cyberstalking:** Cyberstalking occurs when a person persistently follows and monitors a colleague across online platforms and social media, making them feel threatened or unsafe.  **Invasion of privacy:** Harassers may intrude into their colleagues' personal lives by excessively monitoring their online activities, attempting to access personal information, or using excessive surveillance tools. Invasive behaviour can extend to instant messaging platforms and **social media**, where harassers may engage inappropriately with colleagues' personal content. **Unsolicited sexually explicit content:** This type of harassment involves sending explicit photographs, messages, or videos without the recipient's consent. For example, an employee might receive unsolicited explicit images shared via email or chat apps. **Sexual comments and advances:** In remote settings, sexual comments or advances can manifest through chat, private messages, or video conferencing tools. For instance, an employee may receive suggestive comments or propositions from a colleague during a virtual meeting. **Derogatory remarks and jokes:** Harassment can also take the form of offensive jokes or derogatory remarks based on gender, appearance, or sexual orientation. This might include demeaning comments about an employee's appearance or comments of a sexual nature during a video call. **Online isolation:** Some employees may be deliberately excluded from virtual meetings, chats, or collaborative workspaces. This form of harassment can lead to feelings of isolation and exclusion. > There’s simply no amount of free therapy or other corporate wellness perks that can offset the toxicity of racism and sexism in the workplace. Jenna Wortham, The New York Times ## **Understanding virtual harassment in work-from-home and remote work contexts** The shift to working from home has inadvertently intensified work pressure and expectations on employees. A significant 64% of individuals reported increased work hours since the onset of COVID-19, with many feeling the pressure to be constantly online and available.  This environment, marked by poor communication practices and a focus on activity over productivity, has inadvertently created a fertile ground for workplace harassment. The expectation of remote workers being continuously responsive across multiple platforms has blurred the boundaries between personal and professional spaces, making it harder for individuals to escape or address inappropriate behaviour.  ## **Why has workplace harassment increased despite remote work?** The lack of physical oversight in remote work settings has encouraged some individuals to exert undue power over more vulnerable colleagues. The channels through which remote work occurs are often unmonitored, unrecorded, or happen outside formal work platforms and software. Respondents to Project Include reported experiencing harassment more frequently over chat (45%), email (41%), or video meetings (41%) compared to productivity tools used publicly by many employees. The absence of physical oversight means that harassers can follow their targets across online spaces, often resorting to private interactions, such as one-on-one conversations, to exert control. The informal nature of remote work, compared to a traditional office setting, can sometimes lead to a lapse in professional conduct. Employees may feel that online environments are not considered formal places of work and believe that traditional rules don't apply. This perception, coupled with the difficulty of discerning intent from text stripped of tonal cues, can lead to a rise in inappropriate communications.  ## **The realities of virtual harassment** According to a [2023 Deloitte survey](https://www.deloitte.com/global/en/issues/work/content/women-at-work-global-outlook.html), _Women at Work: A Global Outlook_, 44% of women have experienced some form of harassment or microaggression in the past year. Women of colour and LGBTQ women were significantly more likely to experience these non-inclusive behaviours. Project Include found that 25% of respondents experienced an increase in gender-based harassment during the pandemic, about 10% experienced an increase in race- and ethnicity-based hostility, and 23% of respondents who were 50 years and older experienced increased age-based harassment or hostility. While obscene instances, such as video call nudity, become headlines, more common [examples of misconduct](/nz/articles/serious-misconduct) and harassment can include unwelcome comments about an employee's appearance, demeanour, physical surroundings, productivity, or political beliefs. Remote work can also reveal aspects of identity an employee may have preferred to keep private, such as children, partners and pets, leading to further harassment and microaggressions. Though seemingly benign, these behaviours can undermine the well-being of employees. ## **Where do we go from here?** Businesses have been unprepared to address remote workplace harassment. The lack of policies and procedures around what is acceptable in virtual communication makes it difficult for employees to know what to do when they feel uncomfortable and for employers to hold employees accountable. A good remote harassment policy should include an expansive definition of what harassment is and looks like at work, establish clear reporting channels, and outline a clearly defined procedure to follow if a report comes in. ## **Practical steps to prevent online harassment in remote work** Preventing online harassment begins with a comprehensive approach that includes clear policies, training programs, and effective communication. Here are some practical steps for employers: **Establish clear policies:** Develop a clear code of conduct that explicitly addresses online behaviour. Ensure these policies cover various forms of harassment, including those related to remote working. Employees should be aware of what constitutes sexual harassment and online abuse. **Conduct training:** Regularly educate employees and managers about online harassment, its consequences, and how to report incidents. Training programs should emphasise the importance of respectful virtual interactions. **Foster a culture of inclusion:** Promote inclusivity by encouraging open dialogue about online harassment concerns. Create a safe space to report sexual harassment and other forms of employee abuse. Regular wellness check-ins can also be a part of this approach, prioritising the well-being of the workforce. **Implement reporting mechanisms:** Set up a confidential system for online harassment incidents. Your company's human resources department should ensure employees have multiple avenues for reporting harassment, such as a [dedicated whistleblowing platform](/nz/articles/whistleblowing-software) like Elker. **Encourage reporting:** Create a culture that encourages [reporting of misconduct](/nz/articles/what-is-whistleblowing) without fear of retaliation. Assure employees that their concerns will be taken seriously and kept confidential. **Investigate promptly:** When a complaint is filed, investigate the incident promptly and take appropriate action. Make it clear that online harassment will not be tolerated. **Provide trauma-informed support:** If necessary, offer support services to victims, including counselling or legal assistance. Ensure those who have experienced sexual harassment, discrimination or online abuse [feel protected and valued](/nz/articles/person-centred-and-trauma-informed-approach). **Legal compliance:** Stay updated on relevant employment laws, like the Sex Discrimination Act 1984 and Workplace Health and Safety regulations. Review your policies and ensure your company's procedures are compliant with current legislation. **Monitor trends:** Stay informed about emerging trends in workplace harassment and adapt your prevention strategies accordingly. **Adapt and improve:** Continuously refine your harassment prevention measures based on feedback, incident data, and changing workplace dynamics. By following these steps, employers can significantly [reduce the risk of harassment](/articles/5-risk-factors-for-sexual-harassment-in-the-workplace) and create a virtual work environment where all employees feel safe, respected, and empowered. ![Product features: anonymous, encrypted two-way chat for whistleblowing disclosures](https://media.elker.com/6234882b-bd1e-4a92-874a-361e9b5ad6c0/anonymous-two-way-chat.png?width=992) Tackle remote workplace harassment and sexual harassment with Elker ### Key takeaways - Virtual harassment is the same legal category as in-person harassment. The Sex Discrimination Act, Fair Work Act, and state WHS laws all apply regardless of channel. - A 2023 Deloitte survey found 44% of women had experienced some form of harassment or microaggression in the past year, with higher rates for women of colour and LGBTQ women. - The informal tone of remote work and the "always on" expectation blur the boundaries between personal and professional spaces, making harassment harder to escape or report. - Effective policies need an expansive definition of harassment that explicitly covers digital behaviour, clear reporting channels, and documented investigation procedures. - Trauma-informed support and prompt investigation matter as much as policy. Digital evidence can also disappear quickly, so preservation is a practical priority. ## Frequently asked questions Virtual harassment is any unwelcome conduct, comments, or actions through digital channels that create a hostile or intimidating work environment. Examples include cyberbullying, discriminatory comments based on [protected attributes](/articles/protected-attributes), cyberstalking, unsolicited sexually explicit content, sexual comments during video meetings, derogatory jokes, invasion of privacy, and deliberate exclusion from online meetings and channels. The article points to several reasons: a lack of physical oversight, informal digital communication norms, the "always on" expectation, and the ability for harassers to follow targets across multiple channels into private one-on-one interactions. Project Include found harassment occurred more often through chat (45%), email (41%), and video meetings (41%) than through publicly visible productivity tools. Yes. The Sex Discrimination Act 1984, the Fair Work Act 2009, and state work health and safety laws all apply to harassment that occurs through digital channels when connected to the workplace. The Respect@Work positive duty covers remote and hybrid workplaces just as it does in-person ones. For context, see our guide to the [seven standards of the positive duty](/articles/7-standards-positive-duty-sex-discrimination-act). Establish a clear code of conduct that explicitly covers online behaviour, conduct regular training on respectful virtual interactions, foster open communication and inclusion, implement confidential reporting mechanisms such as a [whistleblowing platform](/nz/articles/whistleblowing-software), investigate complaints promptly, provide trauma-informed support, and stay up to date with legal obligations. A hostile work environment arises when the behaviour of supervisors, managers, or co-workers significantly disrupts an employee's ability to do their job. It is typically characterised by a pattern of offensive, intimidating, or humiliating conduct directed at the employee. Under the [Respect@Work legislation](/articles/what-the-respect-at-work-bill-means-for-your-business), conduct (continuous or isolated) that a reasonable person would find offensive, intimidating, or humiliating on the ground of sex is prohibited and falls within the scope of the positive duty. Courts and tribunals typically look at three factors: discriminatory behaviour (unfair treatment or harassment based on characteristics like religion, age, race, sex, or disability), an intimidating environment (a general atmosphere of fear, discomfort, or intimidation, often perpetuated by threats or bullying), and offensive behaviour (actions or comments that are inappropriate, demeaning, or abusive). The reasonable-person test applies to whether the conduct crosses into unlawful territory. Harassment is commonly grouped into three types: verbal, visual, and physical. Verbal harassment uses words to belittle or humiliate, including insults, derogatory comments, and threats. Visual harassment involves inappropriate or offensive images and gestures, which in remote work often appears as explicit content sent through chat or email. Physical harassment refers to unwanted physical contact or invasive behaviour, which has a digital equivalent in invasion of privacy and cyberstalking. ### Sources 1. Project Include, Remote Work Harassment Report (2021) 2. Rights of Women (UK), survey on online sexual harassment during COVID-19 3. Deloitte, Women at Work: A Global Outlook (2023) 4. Sex Discrimination Act 1984 (Cth) and Anti-Discrimination and Human Rights Legislation Amendment (Respect at Work) Act 2022 (Cth) 5. Australian Human Rights Commission, Guidelines for Complying with the Positive Duty (2023) 6. Safe Work Australia, Model Code of Practice: Managing psychosocial hazards at work (2022) _This article is general information only, not legal advice. Laws change and individual circumstances differ. For advice on your specific circumstances, consult a qualified legal practitioner. See our [Terms of Use](/nz/policies/terms) for the full disclaimer._ ## You might also like --- url: https://elker.com/nz/articles/culture-audit-guide title: "Culture Audit - A Guide to Improve Workplace Culture" description: "Cultivate an inclusive work environment and minimise workplace sexual harassment. Learn how to conduct a culture audit using surveys and anonymous feedback." locale: en-NZ generated: 2026-07-01T14:05:43.039Z --- Jul 24, 2023 # What Is a Culture audit? A Guide to Improve Your Workplace Culture [Cultural change](/nz/blog/cultural-change)[Reporting](/nz/blog/reporting) Learn how to conduct a culture audit. Cultivate a safe, inclusive workplace resilient to harassment and fraud, and improve your workplace culture. ![Guide: The essential guide to conducting a cultural audit in the workplace](https://media.elker.com/3d0c4135-c4ec-4974-b53e-4169dba729c3/cultural-audit-workplace.png?width=992) ByElker Editorial TeamReviewed byJack MurrayUpdated22 April 2026 **TL;DR** - A culture audit is a comprehensive evaluation of an organisation's values, work environment, policies, practices, and attitudes, designed to spotlight issues that company leaders are often blind to and inform reform. - The article cites PwC's Global Economic Crime and Fraud Survey 2022: two-thirds of organisations now detect their most disruptive fraud incidents through internal controls, a marked improvement driven by stronger governance, monitoring, and training. - In Australia, the Respect at Work reforms have made culture audits particularly urgent. From 12 December 2023, all Australian businesses, universities, and organisations have a positive duty to eliminate sexual harassment and sex-based discrimination. - The audit process runs in three stages: assessment (desktop review, anonymous culture survey, customer reviews, focus groups), analysis (patterns and trends across leadership, environment, and satisfaction), and recommendations (findings, training, anonymous reporting, open dialogue). - Culture audits should surface risks including fraud, toxic working environments, bullying, harassment and sexual violence, data leaks, discrimination, and pay disputes. The output is a continuous cycle, not a one-off project. ## **What is a culture audit?** A culture audit is a comprehensive evaluation of an organization's values, work environment, policies, practices, and attitudes. The evaluative process seeks to understand an organization's culture and provide insight into potential areas of concern that may require attention or reform. Company leaders are often blind to the causes of low productivity or high turnover of employees. While reasons are often multi-dimensional, an internal audit of workplace culture can spotlight issues facing employees, leading to improvements in employee engagement and employee satisfaction. ## Corporate culture is more important than ever In an era where transparency and accountability have become [important company signals](https://www.sciencedirect.com/science/article/pii/S0007681322001306), businesses, universities, and organizations are seeing the benefits of cultural audits. Recent reports, such as the [_PWC Global Economic Crime and Fraud Survey 2022_](https://www.pwc.com/gx/en/forensics/gecsm-2022/PwC-Global-Economic-Crime-and-Fraud-Survey-2022.pdf), reveal a positive shift: years of combating financial crime through policies, [training](/nz/articles/bystander-effect-in-the-workplace), monitoring, and other internal controls have substantially curtailed internally driven [misconduct](/nz/articles/dealing-with-workplace-misconduct). Indeed, these tangible results highlight the role of strong corporate governance in shaping a resilient organization. The survey indicates that two-thirds of organizations detected their most disruptive fraud incidents through internal controls, a marked improvement from just two years prior. These findings underscore the effectiveness of robust internal measures in identifying potential issues and maintaining integrity within an organization's operations. Mounting evidence shows that gaps in compliance and governance can cost companies billions in fraud, litigation, and reputational damage. Operational disruption, low employee morale, lost business opportunities, regulatory action, and wavering customer loyalty are just some of the cascading effects of neglecting a company's culture. In Australia, the [Respect at Work Bill](/articles/what-the-respect-at-work-bill-means-for-your-business) adds an additional urgency to [address poor workplace culture](/nz/articles/person-centred-and-trauma-informed-approach). From 12 December 2023, it's a compliance requirement for all Australian businesses, universities and organisations to [eliminate sexual harassment and sex-based discrimination](/articles/7-standards-positive-duty-sex-discrimination-act). A corporate culture audit is a proactive risk management measure that businesses can implement in the process of compliance. ## **The importance of a culture audit** The purpose of a culture audit extends beyond simple evaluation. It's about identifying disparities between the organizational culture and the company vision you desire, and the workplace culture that actually exists. By revealing inconsistencies, a cultural audit assists organisations in crafting strategies to align their actual and ideal cultures. The audit also serves as a protective mechanism, identifying potential risks that could otherwise go unnoticed. Ultimately, a cultural audit enables organisations to fulfil their legal and ethical obligations while promoting a safe, equitable workplace. ## **How to conduct a culture audit effectively** Conducting a culture audit requires a systematic approach to gathering and analysing relevant data. This process may involve conducting a cultural survey, reviewing policies and procedures, and assessing the workplace's physical environment. The data collected is then analysed to identify trends, issues, and areas for improvement. ## **Specific risk areas assessed in a workplace culture audit** Culture audits can address a range of issues within an organization. These may include fraud, the presence of a [toxic working environment](/nz/articles/signs-of-a-toxic-workplace), a [culture of bullying](/nz/articles/understanding-and-preventing-workplace-bullying), cases of [harassment and sexual violence](/articles/5-risk-factors-for-sexual-harassment-in-the-workplace), potential data leaks and security issues, instances of gender and [ethnic discrimination](/articles/discrimination-in-the-workplace), and pay disputes. By examining these areas, a cultural audit can identify potential hazards and opportunities to improve company culture, enabling organisations to act proactively to address them. ## **The benefits of an audit on your company culture** 1. **Early warning**: A culture audit allows organizations to detect problems early on, enabling them to address issues before they intensify. Good culture auditing tools allow you to detect trends in employee sentiment. They allow insights into a specific department or office location and even highlight issues with various management levels. 2. **Increased trust**: By being proactive and transparent in your company's corporate culture, you are signalling to customers, clients, investors and employees your willingness to create a safer workplace environment where misconduct is not tolerated. 3. **Regulatory compliance**: A company culture audit can help ensure an effective compliance program is in place to meet regulatory standards. 4. **Risk minimisation**: Through standard reporting and robust analytics, culture audits help identify potential risk areas, reducing financial and reputational losses. 5. **Legal protection**: Culture audits can also help prevent legal action against a company by identifying and addressing potential liabilities. ## **Stages of a culture audit** Typically, culture audits consist of three stages: assessment, analysis, and recommendation. With every organisation having a unique setup, size, and risk profile, there are no one-size-fits-all best practices. Companies should ultimately adopt strategies that work efficiently within their specific context. ### **Stage 1: Assessment** #### **Desktop review** Start by reviewing your organization's documents and policies. Everything from written procedures and staff emails to vision statements and social media profiles can provide valuable insights into your company culture. #### **Culture survey** Conduct an anonymous survey for all staff members. Ask questions that encourage employees to express their experiences and perceptions of the workplace environment. Sample questions in the context of workplace harassment and financial crime may include: - Do you feel that the company takes measures to prevent fraudulent activities? - Have you ever felt uncomfortable due to inappropriate behaviour or comments at work? - Do you know the workplace procedures for reporting harassment or suspected fraud? If not, how can we improve these processes? Visit our article on the [top employee engagement survey questions](/nz/articles/employee-engagement-survey-questions) you should be asking your employees. #### **Customer reviews** Pay attention to the importance of your customers' perspectives. Their views can offer extensive insights into your company's culture and approach to fraud and harassment. Customer complaints and feedback can also provide an invaluable understanding of your business. Depending on your goal, it could even be helpful to collate Glassdoor ratings, Google Maps reviews or software reviews as part of the assessment stage. Talking to your customer service representatives can give you good insights into the public perception of your company. #### **Focus groups** Round off your assessment with focus groups. These sessions with employees or external stakeholders provide an in-depth understanding of your company culture, employee interaction, and perceptions of the company's stance on fraud and harassment. ### **Stage 2: Analysis** With your data in hand, it's time to analyse it for patterns and trends in your company culture. Organize the results according to elements such as leadership, environment, and employee satisfaction. Your aim should be to gauge whether your company's culture is supportive of its long-term objectives and offers a safe and [respectful workplace](/nz/articles/respect-in-the-workplace). ### **Stage 3: Recommendations** #### Findings The final stage involves presenting your findings to the executive team and offering solutions that align the organization more closely with its values, legal obligations and company vision. It's essential to address any issues related to financial crime and harassment identified during the analysis phase. After the audit, communicate the results and planned improvements to senior management and your staff members to foster a culture of transparency and continuous improvement. #### Training At this juncture, the developed strategies should encompass a holistic approach for prevention and response within your company, such as staff training and education programs to heighten awareness, understanding, and responsiveness towards fraud, harassment, and [discrimination](/articles/protected-attributes). These programs can equip employees with the necessary skills to identify red flags, know their rights and responsibilities, and respond appropriately in situations of potential [misconduct](/nz/articles/serious-misconduct). #### Anonymous reporting tools In addition, your approach could involve implementing [anonymous reporting](/nz/articles/anonymous-reporting-advantages-disadvantages) tools to foster a [speak-up culture](/articles/speak-up-culture). Workplace issues typically go undetected when employees believe speaking up will negatively impact their careers or if they feel like their concerns will not be taken seriously. Anonymous reporting tools, like Elker, aid organisations in the early detection of misconduct and offer a secure platform for case investigation.  #### Open dialogue and a commitment to transparency To cultivate an ethical culture, fostering open dialogue and a steadfast commitment to transparency is vital. This involves enhancing workplace policies, periodically reviewing and updating codes of conduct, and ensuring senior management commits to the process of cultural change. Encouraging open conversations about workplace expectations and the repercussions of misconduct can further solidify a culture of safety and support. Remember, this isn't a one-time initiative. It should be an ongoing, cyclical process, indispensable for continuously assessing the vitality of your corporate ethos. The overarching objective is to nurture an environment where employees feel secure, valued, and listened to, thereby upholding your organization's integrity amidst escalating demands for transparency and accountability. ## **The best tools for a culture audit** To cultivate an inclusive and safe workplace culture, it's crucial to use tools, like [whistleblowing software](/nz/articles/whistleblowing-software), that encourage open dialogue and ensure legislative compliance. Elker is an invaluable asset for any organization undertaking a culture audit. Elker is an anonymous reporting platform with [advanced features](/nz/features) for [whistleblowing](/nz/articles/what-is-whistleblowing), incident reporting, pulse surveys and employee feedback. Elker [assists with your organisation's compliance](/nz/use-cases/businesses) with the positive duty in the Sex Discrimination Act, Workplace Health and Safety regulations, Whistleblowing & [Public Interest Disclosure Act 2013](/articles/public-interest-disclosure-act-2013) and Respect at Work reforms. In fact, we're the only tool that gets you compliant with these four laws and reforms. To help you with cultural audits, Elker's anonymous survey tools allow for the early detection of workplace issues and measure the success of new changes and initiatives. With real-time analytics, your organisation can identify trends and mitigate risks in your workplace. Universities, businesses, and organisations have already begun to make positive inroads to increase safety and trust in the workplace. Join leading institutions like the University of Melbourne, Victorian Legal Services Board & Commissioner, Solotel and many others by implementing Elker and getting compliant. Together we can cultivate inclusive workplaces resilient to sexual harassment, [discrimination](/articles/employment-discrimination-law) and financial crime. ### Key takeaways - Anonymous culture surveys are the most reliable input. Named surveys systematically under-report the exact issues an audit is designed to surface. - Customer reviews and external feedback (Glassdoor, Google Maps, customer complaints) are an under-used data source. They often reveal patterns internal staff hesitate to share. - Desktop review of written procedures, staff emails, vision statements, and social media profiles gives a picture of stated culture. The gap between stated and experienced is where the audit earns its keep. - Findings have to be communicated back to staff, not just senior leadership. Transparency about what the audit found, and what will change, is part of building trust. - Culture audits should be an ongoing cyclical process. A single audit is diagnostic; repeated audits over time are how organisations measure whether interventions are actually working. ## Frequently asked questions A culture audit is a comprehensive evaluation of an organisation's values, work environment, policies, practices, and attitudes. It seeks to understand how the organisation actually operates and highlights areas of concern that may require attention or reform, including fraud, [toxic work environments](/nz/articles/signs-of-a-toxic-workplace), bullying, harassment, discrimination, data leaks, and pay disputes. From 12 December 2023, all Australian businesses, universities, and organisations have a positive duty to eliminate sexual harassment and sex-based discrimination. A culture audit is a proactive risk management measure that helps meet that duty, aligned with the [seven AHRC standards for positive duty compliance](/articles/7-standards-positive-duty-sex-discrimination-act). Assessment (desktop review of documents and policies, anonymous culture surveys, customer reviews, focus groups), analysis (organising data around leadership, environment, and employee satisfaction to surface trends), and recommendations (findings communicated to executives and staff, training programmes, implementation of [anonymous reporting tools](/nz/articles/anonymous-reporting-advantages-disadvantages), and a commitment to open dialogue and continuous improvement). Questions should probe experiences and perceptions: whether employees feel the company takes measures to prevent fraud, whether they have felt uncomfortable due to inappropriate behaviour at work, and whether they know the procedures for reporting harassment or suspected misconduct. Our article on [employee engagement survey questions](/nz/articles/employee-engagement-survey-questions) covers the broader set. Anonymous reporting tools foster a [speak-up culture](/articles/speak-up-culture) and give workers a confidential channel to disclose issues they would not raise through named channels. The aggregated data feeds the ongoing analysis, enables early detection of [misconduct](/nz/articles/dealing-with-workplace-misconduct), and measures whether changes introduced after the audit are actually working. ### Sources 1. PwC Global Economic Crime and Fraud Survey 2022 2. Australian Human Rights Commission, Respect@Work National Inquiry Report and guidance on positive duty compliance 3. Anti-Discrimination and Human Rights Legislation Amendment (Respect at Work) Act 2022 4. Sex Discrimination Act 1984 (Cth) 5. Australian Institute of Company Directors, governance and culture guidance 6. Transparency International, research on organisational culture and anti-corruption _This article is general information only, not legal advice. Laws change and individual circumstances differ. For advice on your specific circumstances, consult a qualified legal practitioner. See our [Terms of Use](/nz/policies/terms) for the full disclaimer._ ## You might also like --- url: https://elker.com/nz/articles/cybersecurity-culture title: "Building a Resilient Cybersecurity Culture" description: "How to build a cybersecurity culture that protects sensitive disclosures, supports investigators, and keeps speak-up channels safe across AU and NZ workplaces." locale: en-NZ generated: 2026-07-01T14:05:43.093Z --- Nov 15, 2024 # Building a Resilient Cybersecurity Culture [Reporting](/nz/blog/reporting)[Cultural change](/nz/blog/cultural-change) Discover how to cultivate a cybersecurity culture that enhances organisational resilience and protects those making disclosures. ![Building a resilient cybersecurity culture: enhancing organisational resilience](https://media.elker.com/e6da8a76-f2a0-4c1e-b348-d24c19ece8b1/cybersecurity_culture_1.png?width=992) ByElker Editorial TeamReviewed byJack MurrayUpdated22 April 2026 **TL;DR** - Cybersecurity culture is the collective attitudes, beliefs, and behaviours that shape how an organisation approaches information security. Technical controls provide part of the protection; culture determines whether those controls actually work in practice. - The numbers make the stakes clear. According to Verizon's 2023 Data Breach Investigations Report, 74% of all security incidents involved a human element, including social engineering, misuse, and error. IBM's research puts the average time to identify and contain a data breach at 287 days, a timeline that shortens dramatically when workers feel safe to report concerns immediately. - A strong cybersecurity culture rests on six components: visible leadership commitment, clear and accessible policies, structured training and awareness, cross-departmental implementation, established communication channels, and a systematic approach to continuous improvement. - Human behaviour is the dominant risk. Workers who reuse passwords under time pressure, skip verification steps during busy periods, or connect from unsecured networks to meet deadlines are the source of most breaches, rarely malice, usually practical workarounds in systems that put security and productivity in conflict. - Anonymous reporting is one of the most effective early-warning systems. It removes the fear of blame or embarrassment that stops workers from flagging suspected phishing, mistakes, or insider concerns, and it feeds intelligence to security teams before minor issues become significant breaches. ## The growing challenge of cyber threats Organisations face an ever-growing wave of cyber threats, but the biggest security risk isn't outdated software or weak firewalls—it's people. According to Verizon's 2023 Data Breach Investigations Report, 74% of all security incidents involved a human element, including social engineering attacks, misuse and errors. ### Beyond technical solutions Despite investing heavily in technical solutions, organisations struggle with data breaches and security incidents. The reason is clear: while technology provides essential protection, it can't address the complex human behaviours and attitudes that often lead to security compromises. Even the most secure system can be undone by a single phishing email or a weak password. ### The importance of culture in cybersecurity A strong cyber security [culture](/articles/speak-up-culture) improves how organisations protect sensitive data and intellectual property. While security policies are essential, real protection comes from creating an environment where employees understand security risks and feel confident taking action when they spot potential threats. Yet, many organisations struggle to develop this culture. According to [IBM's 2021 Cost of Data Breach Report](https://cdn.elker.com/Cost_of_a_Data_Breach_Report_2021_f5a230097b.pdf), it takes organisations an average of 287 days to identify and contain a data breach. By creating an environment where employees feel comfortable reporting concerns immediately, organisations can dramatically reduce this detection time. Early reporting of potential security issues often prevents them from developing into costly incidents that could impact both operations and reputation. ## What makes a strong cybersecurity culture? A strong cybersecurity culture emerges when security practices become embedded throughout an organisation's operations and decision-making processes. This encompasses the collective attitudes, beliefs, and behaviours that shape how an organisation approaches security. Organisations with robust security cultures demonstrate consistent protection of sensitive information across all levels of operation. ### Components of security excellence Several critical elements form the foundation of an effective cyber security culture: - Leadership commitment to comprehensive security initiatives - Clearly documented and accessible security policies - Structured training and awareness programs - Cross-departmental security implementation - Established security communication channels - A systematic approach to continuous improvement ### Cultural impact on security Building on the understanding of security breaches and their costs, organisations need several critical elements to develop an effective cyber security culture. These components work together to create a comprehensive approach to security: - **Leadership commitment to security initiatives:** Without visible, consistent support from senior management, security initiatives often conflict with business operations and are less prioritised. - **Clearly documented and accessible security policies:** These policies must balance protection with practicality - overly restrictive policies often lead to staff creating workarounds that introduce new vulnerabilities. - **Structured training and awareness programs (i.e. policy into practice):** These programs should focus on real-world scenarios, helping staff recognise and respond to actual security situations they might encounter. - **Security needs vary between departments**, and effective implementation acknowledges these differences while maintaining consistent standards. - **Established security communication channels:** These channels must be accessible, reliable, and when needed, anonymous. - **A systematic approach to continuous improvement:** Regular reviews and updates prevent security practices from becoming outdated and ineffective. ![Building a resilient cybersecurity culture: Compnents of security excellence](https://media.elker.com/fc3dea6e-0406-470b-aa21-7ddb21e34a4d/cybersecurity_culture_2.png?width=992) ### Expanding beyond technical teams The challenge of cybersecurity management lies in the misconception that security responsibilities belong exclusively to technical teams. While IT departments and security teams provide essential expertise, today’s security challenges require engagement across all organisational levels. From senior management to operational staff, each role carries specific security responsibilities. ### Establishing collective responsibility - Effective security implementation relies on collective responsibility rather than top-down directives. This approach requires: - Integration of security considerations in departmental planning - Regular security reviews in operational meetings - Clear channels for raising security concerns - Active senior management participation in security initiatives - Inclusion of security metrics in performance evaluations ## The human factor in security Human behaviour presents the greatest challenge in organisational security. While automated tools and security systems follow programmed rules consistently, people make decisions based on competing priorities - meeting deadlines, responding to urgent requests, or managing daily workloads. This fundamental aspect of human behaviour makes maintaining consistent security practices particularly challenging. Research from the [Verizon 2023 Data Breach Investigations Report](https://web.archive.org/web/20250125194535/https://www.verizon.com/about/news/2023-data-breach-investigations-report) confirms this reality: 74% of breaches involve the human element. Well-trained employees often know the correct security procedures, yet may bypass them when under pressure. A secure file transfer might take extra steps, or multi-factor authentication might delay an urgent task. Understanding the practicalities and pressures can help organisations develop security approaches that protect their systems while acknowledging operational realities. ### Common security mistakes Security breaches rarely result from sophisticated attacks. Instead, they often stem from everyday actions that seem harmless or necessary in the moment. When pressed for time, employees might reuse passwords across systems for easier remembering. During busy periods, they might skip verifying email links or share login details with team members to keep work flowing. Remote or freelance workers, trying to meet deadlines, can sometimes connect to unsecured networks or download unauthorised software to complete urgent tasks. These actions don't always come from carelessness or malice. They come from employees trying to work efficiently within systems that sometimes place security and productivity at odds. Understanding this reality helps organisations develop security measures that protect assets while supporting, rather than hindering, daily operations. ### The psychology of incident reporting The gap between spotting a potential security issue and reporting it represents one of the most significant vulnerabilities in organisational security. According to IBM's research, organisations take an average of 287 days to identify and contain breaches - a timeline that could shrink dramatically if employees felt more comfortable reporting concerns immediately. Why do people hesitate? Often, they worry about professional consequences or embarrassment. They might question whether an issue is significant enough to raise, or fear being blamed if the problem traces back to their actions. These concerns create dangerous gaps in security defence, allowing minor issues to grow into significant breaches before they are addressed. Organisations that successfully address these concerns focus on creating safe reporting environments. They establish clear reporting channels, protect those who speak up, and demonstrate the value of early reporting through swift action and regular feedback. Most importantly, they offer [anonymous reporting](/nz/blog/reporting) options, recognising that some employees will only feel comfortable raising concerns if their identity remains protected. ![5 components of cybersecurity excellence in the workplace infographic](https://media.elker.com/53a80226-ab8c-4e5c-b2ed-ccd52c5155c3/cybersecurity_culture_3.png?width=992) ## Creating a culture of security ### The role of leadership Effective cybersecurity culture begins with a visible commitment from senior management. When leadership actively prioritises security, it signals to the entire organisation that security isn't merely an IT concern but a fundamental business priority. This commitment must manifest through regular security discussions in leadership meetings and clear allocation of resources to security initiatives. Senior managers who actively participate in security awareness programs demonstrate that security matters at every level of the organisation. ### Developing clear security frameworks Robust security policies and procedures provide the foundation for consistent security practices across the organisation. While documentation forms the backbone of these frameworks, their effectiveness depends on how well they are communicated and implemented. Security policies must remain accessible and understandable, with regular updates to address emerging cyber threats. Rather than creating a rigid set of rules, effective frameworks guide employees through common scenarios while establishing clear expectations for security behaviour. ### Building security awareness Training and awareness programs transform security policies from static documentation into daily practice. Rather than relying on annual compliance sessions, successful organisations integrate security awareness into regular operations. This includes practical scenarios, current threat updates, and role-specific guidance tailored to different positions within the organisation. Measuring the effectiveness of these programs helps refine and improve security awareness over time. ### Establishing trust and accountability Creating accountability while maintaining trust requires careful balance. Organisations must recognise security-conscious behaviour while fairly addressing security incidents. Open dialogue about security challenges helps build understanding and support for security-related decisions. When security policies apply consistently across all levels of the organisation, employees develop confidence in the system's fairness and effectiveness. ### The role of anonymous reporting [Anonymous reporting systems](/nz/articles/anonymous-reporting-advantages-disadvantages) serve as a crucial component in maintaining a strong security culture. By removing fear of retaliation, these systems encourage early reporting of security concerns before they develop into major incidents. The ability to communicate frankly about potential security issues, while maintaining confidentiality, provides organisations with insights into emerging threats and potential vulnerabilities. This early warning capability enables proactive response rather than reactive damage control. The establishment of a robust security culture requires ongoing commitment and regular reinforcement. Through consistent application of these principles, organisations can develop an environment where security becomes an integral part of daily operations rather than an impediment to productivity. ## Implementing effective security practices ### Delivering security training Effective cyber security training works best when it reflects real workplace challenges. Organisations should structure their training programs around real-world scenarios, incorporating recent security incidents and emerging threats. Phishing simulations, for instance, provide practical experience in identifying and responding to common attack methods. These hands-on approaches help employees retain and apply security knowledge in their daily work. ### Fostering open communication Communication about security must flow freely throughout the organisation. Security teams should establish clear channels for sharing updates and receiving feedback about potential security risks. Regular briefings keep security awareness high while ensuring that staff understand current threats and mitigation strategies. This ongoing dialogue helps maintain vigilance and reinforces the organisation's security posture. ### Managing security risks A comprehensive approach to risk management requires understanding both technical vulnerabilities and human behaviour patterns. Organisations must regularly assess their security landscape, identifying potential weaknesses in both systems and processes. This involves monitoring access controls, reviewing security incidents, and evaluating the effectiveness of existing security policies. Risk assessments should consider both internal and external threats, with particular attention to areas where human error could compromise security measures. ### Measuring security programme effectiveness To gauge the success of security initiatives, organisations need meaningful metrics that go beyond simple compliance numbers. Key indicators might include the time taken to identify and respond to security incidents, employee engagement with security training, and the number of reported security concerns. These measurements help identify areas requiring additional focus while demonstrating the value of security investments to senior management. ### Cultivating continuous improvement Building a culture of continuous improvement in security practices requires ongoing commitment from all organisational levels. Regular reviews of security procedures, coupled with feedback from staff and security teams, help identify opportunities for enhancement. This iterative approach ensures that security measures evolve alongside new threats while remaining practical and effective for daily operations. Success in implementing these practices depends on maintaining consistent focus and adapting approaches based on measured outcomes. When organisations commit to continuous improvement in their security practices, they create a resilient defence against evolving cyber threats. ### Anonymous reporting When organisations enable anonymous reporting of security concerns, they remove one of the biggest barriers to effective cyber security: fear of consequences. Even in organisations with strong security cultures, employees often hesitate to flag potential security incidents when their names will be attached to the report. This hesitation can leave critical vulnerabilities unaddressed. ### Early warning system Anonymous reporting serves as an essential early warning system for potential security incidents. When staff members spot concerning patterns or possible vulnerabilities, anonymous channels allow them to share this information quickly and safely. This early identification of security threats enables organisations to address issues before they escalate into data breaches or cyber security incidents that could compromise sensitive data or intellectual property. ## Transform your security culture with Elker While many organisations understand the importance of cyber security culture, implementing effective reporting systems often proves challenging. [Elker](/nz) provides a secure, anonymous reporting platform that helps organisations bridge this crucial gap in their security defences. ### A comprehensive reporting solution Elker's platform enables organisations to receive and manage security concerns while maintaining complete reporter anonymity. The system employs two-way communication between security teams and reporters, ensuring thorough investigation of potential security incidents without compromising confidentiality. ### Key features The Elker platform integrates seamlessly with existing security processes while providing anonymity that encourages early reporting of potential threats. Advanced encryption and secure communication channels ensure that sensitive information remains protected throughout the reporting process. The system also enables security teams to track and manage reported issues efficiently, maintaining clear audit trails while preserving reporter anonymity. ## Getting started Implementing Elker's [anonymous reporting system](/articles/advantages-of-whistleblowing-in-the-workplace) requires minimal technical overhead while providing immediate benefits to your organisation's security culture. Our team works closely with your security teams to ensure smooth integration and adoption across your organisation. Ready to strengthen your cyber security culture through anonymous reporting? Book a demo today to learn how our platform can help protect your organisation. ### Key takeaways - Security is not solely an IT responsibility. Effective cyber programmes involve every department, with clear expectations of what each role contributes to security outcomes. - The biggest barrier to incident reporting is fear of professional consequences, embarrassment, or blame. Organisations that create safe, blame-free reporting environments consistently shorten their time to detect. - Policies need to be practical as well as protective. Overly restrictive rules encourage workarounds that create new vulnerabilities, and policies that are never communicated are functionally useless. - Training should reflect real scenarios and recent threats, not generic annual compliance sessions. Phishing simulations, role-specific guidance, and updates on emerging threats are what move knowledge into practice. - Anonymous reporting channels catch a class of cyber risks that formal IT channels miss, suspected insider activity, social engineering targeting colleagues, vendor compromise concerns, and shortcuts workers have noticed but are uncomfortable naming publicly. ## Frequently asked questions Cybersecurity culture is the collective set of attitudes, beliefs, and behaviours that determine how an organisation approaches information security day to day. It covers how workers respond to suspected incidents, how they handle sensitive data, how seriously they treat security decisions, and how willing they are to report concerns. Culture is the human complement to technical controls, and organisations with strong cultures consistently outperform equivalently-resourced organisations with weak ones. Because most breaches are caused by human action or inaction, not tool failure. Verizon's 2023 DBIR found that 74% of incidents involved a human element. The typical pattern is not malice, it is practical workarounds: reusing passwords to meet deadlines, skipping verification of email links during busy periods, connecting from unsecured networks to complete urgent tasks. Security measures that ignore these practicalities tend to be bypassed, not followed. Decisively. Visible commitment from senior management signals that security is a business priority rather than an IT compliance exercise. That shows up in regular security discussions at leadership meetings, explicit resource allocation to security initiatives, and senior managers participating personally in training. Organisations where security is delegated entirely to IT, with no visible leadership engagement, consistently end up with weaker cultures and worse incident outcomes. Because the biggest obstacle to early reporting is fear of consequences, embarrassment, or being blamed for the incident. Anonymous channels remove that barrier and let workers flag suspected phishing, compromised credentials, or insider concerns quickly and safely. Elker's platform, among others, enables two-way anonymous communication so security teams can investigate thoroughly without compromising the reporter's confidentiality. This is particularly valuable for insider threat and vendor compromise concerns, where workers are often unwilling to be identified through formal channels. See [anonymous reporting advantages](/nz/articles/anonymous-reporting-advantages-disadvantages) for more detail on how this works. Meaningful indicators include: time to detect and respond to security incidents, reporting rates (higher is generally better, because it means workers are raising concerns), phishing simulation results over time (click rates falling, reporting rates rising), and results from culture surveys that specifically ask about security behaviour. Technical compliance metrics alone do not capture whether the culture is improving. A [speak-up culture](/articles/speak-up-culture) that extends to security is the underlying condition these metrics are measuring. ### Sources 1. Verizon, 2023 Data Breach Investigations Report 2. IBM, Cost of a Data Breach Report 2021 3. Australian Signals Directorate, Essential Eight and Strategies to Mitigate Cyber Security Incidents 4. Office of the Australian Information Commissioner, Notifiable Data Breaches Scheme reports and Privacy Act 1988 (Cth) guidance (as amended by the Privacy and Other Legislation Amendment Act 2024) 5. ENISA (European Union Agency for Cybersecurity), Cybersecurity Culture Guidelines 6. For NZ variant: CERT NZ and the National Cyber Security Centre (NCSC) guidance on organisational cyber culture _This article is general information only, not legal advice. Laws change and individual circumstances differ. For advice on your specific circumstances, consult a qualified legal practitioner. See our [Terms of Use](/nz/policies/terms) for the full disclaimer._ ## You might also like --- url: https://elker.com/nz/articles/dealing-with-workplace-misconduct title: "Dealing with Workplace Misconduct: A Practical Guide | Elker" description: "Workplace misconduct can have far-reaching consequences for your business. 🛡️ Understand the regulations and strategies to deal with it." locale: en-NZ generated: 2026-07-01T14:05:43.147Z --- Oct 18, 2023 # Dealing with Workplace Misconduct in 2025 [Cultural change](/nz/blog/cultural-change) Workplace misconduct can have far-reaching consequences, impacting not only employee morale but also a company’s reputation. As an employer, it is crucial to understand the different forms of misconduct, identify warning signs, and effectively address any issues that arise. In this blog post, we will explore the various aspects of workplace misconduct, with a focus on Australian laws and regulations. We will also provide a step-by-step guide for addressing misconduct, as well as strategies for preventing it in the first place. ![Dealing with workplace misconduct: regulations and strategies ](https://media.elker.com/98cef075-e76c-47e9-b903-c4bb6a3b8de5/misconduct-workplace-strategies.png?width=992) ByElker Editorial TeamReviewed byJack MurrayUpdated22 April 2026 **TL;DR** - Workplace misconduct is a deliberate breach of a written or implied employment policy, and it splits into two legally distinct categories: general misconduct (tardiness, policy breaches, poor performance, unauthorised absences) and serious misconduct (theft, fraud, assault, sexual harassment, intoxication at work, serious safety breaches). - In Australia, the three pieces of legislation that shape how employers must respond are the Fair Work Act 2009 (Cth), the Sex Discrimination Act 1984 (Cth) as amended by the Respect at Work reforms, and the Work Health and Safety Act 2011 (Cth). Together they define the thresholds for dismissal, impose a positive duty to eliminate sex-based misconduct, and require employers to manage health and safety risks proactively. - The response process has a fixed shape: identify the conduct, investigate impartially, document every step, decide on proportionate disciplinary action, and follow procedural fairness throughout. Employers who improvise lose Fair Work Commission matters. - Investigations should be person-centred and trauma-informed, respecting the timing of disclosures, engaging directly with those involved, and protecting wellbeing alongside evidence collection. - Anonymous reporting channels surface misconduct that would otherwise go unreported, particularly where the worker fears retaliation or victimisation. They also create a documentation trail that strengthens subsequent investigations. ## Key takeaways - Understanding workplace misconduct and its consequences is essential for effective management. - Employers must identify signs of misconduct, investigate thoroughly, document evidence accordingly and implement disciplinary action as necessary. - Preventative measures such as employee/supervisor check-ins, anonymous reporting systems and leadership training should be implemented. ## Understanding workplace misconduct Employee misconduct is a deliberate violation of a written or implied employee policy, often constituting an illegal or hazardous activity or safety breach. When employee misconduct occurs, it can be categorised into general and serious/gross misconduct, each carrying different consequences and requiring different approaches to resolution. ### General misconduct General misconduct involves less severe violations of the employment contract, but it can still have a negative impact on the workplace. These offences may include consistent tardiness, taking leave without prior authorisation, or failing to meet job performance standards. While these actions may not lead to immediate dismissal, they can still create a disruptive work environment and affect the overall productivity and morale of other employees. It is essential for employers to address general misconduct promptly to maintain a positive and efficient workplace. ### Serious misconduct [Serious misconduct](/nz/articles/serious-misconduct), also known as gross employee misconduct, is the most severe infraction and can result in the immediate termination of an employee. It often involves illegal activities or serious breaches of company policy. Timely resolution of misconduct is crucial for employee safety, promoting teamwork, upholding standards, and preventing legal implications. ## Examples of workplace misconduct Workplace misconduct encompasses a wide range of behaviours, from minor infractions to serious illegal activities. Some examples of general misconduct might include: - Taking extended lunch breaks - Unauthorised absences - Wasting the time of a co-worker - Consistently arriving late to work - Excessive personal use of company resources - Overt discrimination toward an employee with a [protected attribute](/articles/protected-attributes) - Disrespectful behaviour towards colleagues or superiors - Failure to follow the company dress code - Misuse of the company's social media account - Neglecting to adhere to the company's communication protocols Disciplinary actions for general misconduct may include verbal warnings, written warnings, probation, or suspension. Such behaviours considered misconduct can have a significant impact on the workplace, affecting employee morale and company reputation and potentially leading to legal action. Serious misconduct includes actions such as: - Theft - [Sexual harassment](/articles/5-risk-factors-for-sexual-harassment-in-the-workplace) - Abuse of power - Falsifying documentation - Violations of health and safety regulations Engaging in activities that pose a serious and imminent risk to the workplace can lead to the immediate termination of an employee, given their severe nature. Identifying and addressing different forms of misconduct enables employers to guarantee a secure and more productive work environment for all staff. ## Australian laws and regulations In Australia, workplace misconduct is primarily governed by three key pieces of legislation: the Fair Work Act 2009, the Sex Discrimination Act 1984 and the Work Health and Safety Act 2011. - **Fair Work Act 2009:** This Act defines serious misconduct as behaviour that is intentional, deliberate, and so egregious that continuing the employment relationship becomes unreasonable. Examples include actions detrimental to the [business's financial viability](/nz/use-cases/businesses) or reputation or posing a serious risk to health and safety. The Fair Work Act further details serious misconduct, encompassing theft, fraud, assault, intoxication at work, and refusal to follow lawful and reasonable instructions. - **Sex Discrimination Act 1984:** This Act, along with the [Respect at Work](/articles/what-the-respect-at-work-bill-means-for-your-business) amendments, places a [positive duty](/articles/7-standards-positive-duty-sex-discrimination-act) on employers to eliminate sexual harassment, sex-based discrimination, and victimisation in the workplace. It emphasises the need for proactive measures to ensure a safe and respectful working environment, free from gender-based discrimination and harassment. - **Work Health and Safety Act 2011:** This Act focuses on the health, safety, and welfare of all workers, including employees, contractors, and volunteers. It mandates business owners to ensure, as far as reasonably practicable, the health and safety of workers and others affected by the work. This includes maintaining safe work systems, handling and storage of substances, and providing adequate worker welfare facilities. In the context of workplace misconduct, these laws and regulations provide a [legal framework for employers](/articles/employment-discrimination-law) to manage and address misconduct effectively. By understanding and complying with these laws, employers can ensure that they are handling misconduct in a way that is effective and legally sound. ## Identifying signs of misconduct Identifying early signs of misconduct is vital in enabling employers to address issues quickly and ensure a secure work environment. Some common behavioural changes that may be observed in employees involved in misconduct include: - Decreased productivity and performance - Lack of commitment - Offensive behaviour - Property damage and theft - Unsafe behaviour or failure to follow safety protocols - Violation of company policies Complaints or **anonymous reports** can also be indicative of potential misconduct in the workplace. Complaints bring to light employee behaviours or actions not in line with workplace policies and can serve as a warning sign that necessitates further examination or action. They can also provide evidence and documentation of the purported misconduct, which can be utilised in the investigation plan. Employers must have a structured procedure in place for dealing with complaints and treat them with the gravity they deserve to address any potential misconduct effectively. ## Addressing workplace misconduct: A step-by-step guide Employers must adhere to a systematic process encompassing investigations, evidence documentation, and disciplinary action implementation to handle misconduct efficiently. This approach ensures that all aspects of the misconduct are thoroughly examined and that the disciplinary process is carried out fairly and consistently. ### Conducting an investigation Undertaking a comprehensive and impartial employee misconduct investigation is essential in deciding the right course of action. This process includes gathering evidence, interviewing witnesses, and examining physical evidence. Preserving fairness during the investigation is also important to prevent possible complaints about wrongful termination and potential legal actions against the employer if the terminated employee can prove they were treated unjustly. When devising a plan for an inquiry into employee misconduct, it is important to consider who will be involved and who will be interviewed or observed and ensure the procedure is in accordance with local legislation. In some cases, involving a third party in the investigation may be necessary if an impartial internal investigation is not feasible, if there is not a trained workplace investigator available, or if the complaint is intricate and potentially laborious. Integrating [anonymous reporting systems](/nz/articles/anonymous-reporting-advantages-disadvantages), such as whistleblowing software, into the workplace is crucial to capturing essential disclosures. The importance of these tools cannot be overstated. They serve as a safe space where employees can voice their concerns without fear of [retribution or victimisation](/nz/articles/what-is-unlawful-victimisation-in-the-workplace). This is particularly relevant when individuals hesitate to speak up due to the potential backlash or negative repercussions. Anonymous reporting can assist in the investigation process. It allows for the collection of evidence by the reporter, thereby strengthening the case and making it easier to address the misconduct. Additionally, customisable reporting pathways ensure that the right personnel are involved in the investigation, eliminating any potential conflict of interest in the report. ### Incorporating a person-centred and trauma-informed approach in investigations When conducting investigations into workplace misconduct, it's crucial to adopt a person-centred and trauma-informed approach. This means prioritising the individual's unique experiences, needs, and preferences throughout the investigation process. Investigations should be conducted with an understanding of the profound impact trauma can have on individuals, ensuring their safety, choices, and empowerment are at the forefront. This approach involves respecting the timing of disclosures, tailoring responses to individual circumstances, and prioritising the wellbeing of those involved. It's about engaging with individuals directly, listening actively, and collaborating in planning rather than imposing pre-determined solutions.  By integrating these principles, organisations can ensure that investigations are not only thorough and fair but also sensitive to the emotional and psychological needs of those involved, fostering trust and respect in the workplace. For more detailed insights into this approach, visit our article on [Person-Centred and Trauma-Informed Approach](/nz/articles/person-centred-and-trauma-informed-approach). ### Documentation and record-keeping In cases of misconduct, keeping and maintaining records holds significant importance. Proper documentation ensures that all aspects of the investigation and disciplinary process are preserved, which can be invaluable in legal proceedings. This includes recording: - specific dates - times - locations - conversations pertinent to the incident Furthermore, maintaining employee records throughout the disciplinary process is crucial for secure storage and inclusion as part of the inquiry. Employers can guarantee consistency and accountability by maintaining precise and detailed records. ### Disciplinary Action The severity of the misconduct dictates the type of disciplinary action to be taken in response. These can range from: - A verbal warning - Written warnings - Probation - Suspension - Dismissal Employers must ensure consistency while dealing with employee misconduct, treating each case equally using the same language and disciplinary actions. Before dismissing an employee for serious misconduct, employers should: 1. Initiate a disciplinary procedure 2. Ensure that there is a justifiable cause for dismissal 3. Observe a reasonable process when deciding to dismiss This approach helps safeguard the business from potential repercussions of wrongful termination or [discrimination lawsuits](/articles/discrimination-in-the-workplace). In cases of summary dismissal, employers must still adhere to a fair process, maintaining consistency when responding to an act of serious misconduct. Employers can efficiently manage misconduct and uphold a secure, productive organisation by implementing suitable disciplinary actions. ## Preventing workplace misconduct Preventing misconduct is key to fostering a secure and efficient workplace. Employers must take preventative measures to reduce misconduct, such as: - Employee/supervisor check-ins - Establishing online anonymous reporting systems - Providing company hotlines or [whistleblowing software](/nz/articles/whistleblowing-software) for employees to report instances of misconduct - Encouraging an [ethical workplace](/articles/ethics-hotline) culture ### Policies Having clear and comprehensive policies in place to address workplace misconduct is vital. Policies such as codes of conduct, disciplinary procedures, and reporting mechanisms ensure that employees understand the repercussions of misconduct and the measures that will be implemented in the disciplinary process. Incorporating these policies into the employee handbook or company wiki and obtaining acknowledgement in the employment agreement allows employers to ensure employees understand the policy and its implications. ### Leadership and training Robust leadership and continuous training are vital in mitigating workplace misconduct. Leaders should set expectations, model appropriate employee behavior, and provide regular employee feedback. Providing training to employees on misconduct and disciplinary policies is also important to ensure that they are aware of the expectations placed upon them and the support available in the event that they become disheartened, enraged, or inefficient. ### Implementing an anonymous reporting tool for the workplace Implementing an anonymous reporting app or hotline [encourages employees to speak up](/articles/speak-up-culture), giving them the confidence to report misconduct and knowing their identity will remain confidential. This anonymity encourages more people to come forward with vital information and fosters a culture of transparency and accountability within the organisation. Moreover, anonymous reporting tools can provide valuable insights into the health of the [company culture](/nz/articles/culture-audit-guide) and the effectiveness of its policies. They can reveal patterns of misconduct that might otherwise go unnoticed, allowing management to address issues proactively and make necessary changes to prevent future incidents. ## Summary In conclusion, understanding and addressing misconduct is essential for [maintaining a safe and productive work environment](/nz/articles/respect-in-the-workplace) and [reducing psychosocial harm](/articles/psychosocial-hazards-at-work). By recognising the signs of misconduct, following a thorough investigation, implementing appropriate disciplinary actions, and fostering a culture of prevention, employers can effectively tackle workplace misconduct and create a positive atmosphere for all employees. A proactive approach to tackling misconduct through [whistleblowing](/nz/articles/what-is-whistleblowing) and anonymous reporting software protects your business and helps cultivate a harmonious and thriving workplace for everyone. ### Key takeaways - General misconduct typically justifies warnings, probation, or suspension; serious misconduct can justify summary dismissal without notice, but only where the legal threshold is met and procedural fairness is followed. - The Respect at Work amendments to the Sex Discrimination Act 1984 impose a positive duty on employers to eliminate sexual harassment, sex-based discrimination, and victimisation. This is a proactive obligation, not a reactive one. - Contemporaneous documentation is decisive. Dates, times, locations, witness statements, and decisions need to be recorded as the investigation happens, not reconstructed afterwards. - External investigators should be brought in when the matter involves senior respondents, conflicts of interest, or complexity that the internal team cannot handle without perceived bias. - Prevention is cheaper than response. Clear policies, leadership modelling, regular training, and accessible reporting channels consistently outperform reactive misconduct management. ## Frequently asked questions Workplace misconduct is a deliberate breach of a written or implied employment policy, or conduct that is illegal, hazardous, or otherwise inconsistent with the employment relationship. General examples include tardiness, unauthorised absences, excessive personal use of company resources, and failure to meet performance standards. [Serious misconduct](/nz/articles/serious-misconduct) includes theft, fraud, assault, sexual harassment, intoxication at work, and serious breaches of safety regulations. The distinction matters because it determines the disciplinary response available to the employer. A misconduct allegation is a claim that an individual has engaged in behaviour such as theft, violence, sexual assault, fraud, or any other conduct that risks the health and safety of others, or any breach of company policy or procedure. It also includes serious or persistent harassment, bullying, fraud, corruption, or conflict of interest. Allegations trigger the employer's duty to investigate impartially and give the respondent a genuine opportunity to answer before any decision is made. Yes, depending on the severity. General misconduct usually triggers a graduated response (verbal warning, written warning, probation, suspension) and rarely justifies immediate dismissal. Serious misconduct, as defined under the Fair Work Act 2009 and the Fair Work Regulations 2009, can justify summary dismissal without notice or payment in lieu, but the conduct must genuinely meet the threshold and the employer must follow procedural fairness. Dismissing an employee for conduct that was not in fact "serious" is one of the most common grounds for unfair dismissal claims at the Fair Work Commission. Common indicators include sudden changes in employee behaviour, falling productivity, increased absenteeism, tension between staff, complaints from colleagues or customers, and patterns that emerge across multiple incidents. Line managers play a frontline role in noticing these signals, but reliance on observation alone is never enough. Anonymous reporting channels, exit interviews, and regular employee check-ins surface concerns that managers would otherwise miss, particularly where there is a power imbalance or fear of retaliation. Investigations should be impartial, thorough, and timely. The process involves gathering evidence, interviewing witnesses and the respondent, and documenting every step. Fairness is essential: respondents must be told what is alleged in enough detail to respond meaningfully, given a real opportunity to answer, and the decision must be made by someone without a conflict of interest. For complex or senior matters, or where internal impartiality is compromised, external investigators should be engaged. A person-centred and [trauma-informed approach](/nz/articles/person-centred-and-trauma-informed-approach) prioritises wellbeing alongside fact-finding. Anonymous reports are often the first signal of misconduct in a workplace, especially bullying, harassment, or discrimination involving a power imbalance. An anonymous tip can be the starting point for an investigation, but a finding of misconduct must rest on corroborating evidence, documents, witness statements, or physical evidence, that stand independently of the tip. Anonymous channels also protect workers from [retaliation and victimisation](/nz/articles/what-is-unlawful-victimisation-in-the-workplace), which encourages earlier reporting and gives employers a chance to address issues before they escalate. Prevention rests on four things: clear and accessible policies incorporated into the employee handbook, visible leadership that models expected behaviour, regular training on conduct standards and reporting pathways, and a trusted reporting channel, ideally with an anonymous option. Anonymous reporting systems and regular employee check-ins surface concerns early, and ethics hotlines create a documented pathway for disclosures that might otherwise go unreported. Policies without a trusted channel to report breaches rarely change behaviour. ### Sources 1. Fair Work Act 2009 (Cth), Part 3-2, unfair dismissal provisions 2. Fair Work Regulations 2009 (Cth), regulation 1.07, definition of serious misconduct 3. Sex Discrimination Act 1984 (Cth), as amended by the Respect at Work reforms 4. Work Health and Safety Act 2011 (Cth) and corresponding state and territory WHS legislation 5. Fair Work Commission, guidance on procedural fairness in disciplinary investigations 6. For NZ variant: Employment Relations Act 2000 and Employment Relations Authority guidance on good-faith investigations _This article is general information only, not legal advice. Laws change and individual circumstances differ. For advice on your specific circumstances, consult a qualified legal practitioner. See our [Terms of Use](/nz/policies/terms) for the full disclaimer._ ## You might also like --- url: https://elker.com/nz/articles/employee-engagement-survey-questions title: "Employee Engagement Survey: Questions for Quality Insights" description: "Seeking an effective employee engagement survey strategy? Start with the right questions. Our guide presents key questions to propel your team's engagement." locale: en-NZ generated: 2026-07-01T14:05:43.221Z --- Feb 26, 2024 # Employee Engagement Survey: Questions for Quality Workplace Insights 2024 [Cultural change](/nz/blog/cultural-change) Seeking an effective employee engagement survey strategy? Start with the right questions. Our guide presents key questions to propel your team's engagement and unlock actionable insights. ![Employee engagement surveys: Questions for quality workplace insights](https://media.elker.com/3a95efcd-cb81-4c5b-b2c1-402b7085e872/employee-engagement-survey-guide.png?width=992) ByElker Editorial TeamReviewed byJack MurrayUpdated22 April 2026 **TL;DR** - An employee engagement survey is a structured way to collect feedback, measure engagement, and assess organisational culture. When done well, it surfaces staff concerns and needs, and supports improvements in work conditions, performance, customer retention, talent attraction, and employee retention. - Effective surveys use neutral, unbiased, and clear questions and mix question types (Likert scales, open-ended prompts, multiple choice) so organisations can gather both quantitative trends and rich qualitative insight. - A recommended cadence is short pulses four to five times a year, more formal surveys every six months, and an annual evaluation using a different measurement approach. Layering cadences tracks sentiment without survey fatigue. - Anonymity is what unlocks candour. Guaranteed anonymity stimulates higher participation rates, levels the playing field across positions and tenure, and lets employees share their true perceptions without fear of repercussions. - Good survey categories cover employee satisfaction, organisational alignment, future outlook, diversity and inclusion, psychological safety, work/life balance, company culture and values, trust in leadership, professional growth, autonomy, work impact, workplace connection, manager effectiveness, team dynamics, recognition and feedback, communication and resources, and meaning and purpose. ## What is an employee engagement survey? An employee engagement survey is a powerful way to collect feedback, measure employee engagement and [assess your organizational culture](/nz/articles/culture-audit-guide). Highly engaged employees are good for business growth, productivity and the long-term success of your company. By asking the right employee engagement questions, you can understand the connection employees have to their workplace, their colleagues, and the organization's vision. These surveys provide invaluable insights into staff concerns and needs, empowering companies to make impactful changes based on [employee feedback](/nz/articles/anonymous-employee-feedback). Conducting these surveys can lead to the following: - Improved work conditions - Boosted performance - Retained customers - Top talent attraction - Improved employee retention and reduced employee turnover ![Employee engagement survey guide: gathering insights for organisational change](https://media.elker.com/c3b27565-b32e-4205-9cb9-c019267bed66/employee-engagement-survey-guide.png?width=992) ## Crafting an effective employee engagement survey Creating the best employee engagement survey involves careful planning and attention to detail. Essential elements include crafting relevant questions, determining the optimal frequency and timing for the survey, and ensuring confidentiality to encourage candid responses. To fully leverage the potential of an effective employee engagement survey, plan to implement the following: - 4 to 5 times a year - with a combination of shorter assessments and more formal surveys every six months - an annual evaluation using a different measurement approach ### Selecting the right questions When formulating your employee engagement survey, it is crucial to develop neutral and clear questions to avoid introducing bias and ensure that respondents interpret them correctly. Including a variety of question types is also beneficial for gathering comprehensive insights into different aspects of the workplace environment, which can help identify opportunities for improvement and address key issues related to diversity, equity, and inclusion within the company. ### Survey delivery and anonymity Guaranteeing anonymity can stimulate higher participation rates and collect honest, meaningful responses that accurately reflect employee sentiment. This approach encourages a culture of openness and trust within the organisation, allowing employees to share their true perceptions and experiences without fear of repercussions. Anonymity ensures that all voices, regardless of position or tenure, are heard equally, contributing to a more democratic and inclusive assessment of the workplace environment. By fostering this level of candid feedback, employers can gain a deeper understanding of their workforce, leading to more targeted and effective organisational improvements. ![3 benefits of an employee engagement survey: infographic](https://media.elker.com/dbcfc143-cddd-430d-a577-617f791ad18a/employee-engagement-survey-3-benefits.png?width=992) ## Analysing employee engagement survey results Analysing the results of your employee engagement survey is like a chef tasting a dish before serving it. It's a crucial step in understanding what's working and what needs improvement. The process involves identifying trends, low-scoring areas, and opportunities for improvement. For a productive analysis, follow these steps: 1. Quantify the data - this is of utmost importance. 2. Segment the data for analysis. 3. Look out for patterns and trends. Don't just stop at the numbers - review comments and open-ended responses to uncover insightful trends and opportunities for improvement. Use these insights to drive meaningful organisational change and elevate your company's performance. ## Implementing Changes Based on Engagement Surveys Incorporating changes based on engagement surveys resembles a chef tweaking a recipe in response to feedback. It involves taking the insights from the analysis and putting them into action to drive positive change in the company. The first step is to communicate the results. Sharing critical findings with leaders and managers and focusing on 2-3 key survey themes can help guide your action plan. Next, to address areas of improvement, follow these steps: 1. Develop specific actions to address each area of improvement. 2. Set goals and deadlines for each action. 3. Follow up regularly to track progress and make adjustments as needed. Remember, implementing changes based on engagement surveys shows employees that their feedback is valued. This boosts participation in future surveys and enhances overall employee engagement. ## Examples of employee engagement survey questions ![How to understand your employees: employee satisfaction](https://media.elker.com/a9d19496-715c-4b60-af2e-5876f6f90a56/understand-employee-satisfaction.png?width=992) ### **Employee satisfaction** **Insights for employers**: This category reveals how content employees feel with their roles, the work environment, and the support they receive. Understanding satisfaction levels can help employers identify areas that positively or negatively affect employee morale and productivity, guiding improvements to enhance the overall work experience. **Example questions**: - How satisfied are you with the variety and nature of your work tasks? - Rate your satisfaction with the physical environment of your workplace. - How satisfied are you with the level of support you receive from the company to perform your job effectively? ![How to understand your employees: organisational alignment](https://media.elker.com/cd835d63-94c9-4fe4-8a22-c30ecc9e71e6/organisational-alignment.png?width=992) ### **Organisational alignment** **Insights for employers**: This category assesses employees' understanding of and alignment with the company's goals, values, and mission. Insights gained can highlight discrepancies between company objectives and employee perceptions, offering opportunities to improve communication and engagement strategies. **Example questions**: - How well do you understand the company's goals and how your role contributes to achieving them? - Do you feel the company's values are communicated and reflected in its practices? - On a scale of 1-10, how aligned do you feel with the company's mission in your daily work? ![How to understand your employees: Future outlook](https://media.elker.com/5aa59777-1290-4e2b-a19d-7a5570267129/future-outlook.png?width=992) ### **Future outlook** **Insights for employers**: This category explores the employees' perceptions of their career prospects and views on the company's future. Understanding these perspectives can help employers address concerns about career development and organisational stability. **Example questions**: - How optimistic are you about your career progression within the company? - Do you feel confident about the company's direction and its future success? - Based on its current trajectory, can you envision a long-term future for yourself at this company? ![Understand employees surveys: Diversity and inclusion](https://media.elker.com/8e073dd9-7120-445a-b601-84f61c4d56d7/diversity-inclusion.png?width=992) ### **Diversity and inclusion** **Insights for employers**: Reveals the effectiveness of diversity and inclusion initiatives and whether employees feel valued and respected regardless of their background. Insights can guide efforts to create a more inclusive culture that leverages diverse perspectives for innovation and problem-solving. **Example questions**: - How well do you think the company creates an inclusive workplace? - Do you feel comfortable being yourself at work without fear of judgment or bias? - Can you share an example of how the company celebrates or promotes diversity? - How confident are you in the organisation's process for reporting and addressing discrimination or harassment? - How well does our organisation promote an inclusive environment where diverse perspectives are valued and respected? - Can you provide examples of how our organisation supports diversity in leadership and decision-making roles? - Have you participated in any diversity and inclusion training or initiatives our organisation offers? If so, how impactful were they? - How accessible are our organisation's diversity and inclusion resources and support systems? ![Understand employee surveys: Psychological safety](https://media.elker.com/5f5976d6-e819-42d4-a1b6-aea44745c680/psychological-safety.png?width=992) ### Psychological safety **Insights for employers**: Assesses whether employees feel safe to express ideas, admit mistakes, and voice concerns without fear of retribution. This is crucial for fostering a safe and [compliant workplace](/articles/closing-loopholes), free from [serious misconduct](/nz/articles/serious-misconduct) like [sexual harassment](/articles/5-risk-factors-for-sexual-harassment-in-the-workplace), [bullying](/nz/articles/understanding-and-preventing-workplace-bullying) and [discrimination](/articles/discrimination-in-the-workplace). **Example questions:** - How safe do you feel in your workplace regarding your personal safety and the safety of your colleagues? - How supported do you feel by the organisation in [speaking up](/articles/speak-up-culture) if you have concerns about safety or unethical behaviour? - How effectively does your employer communicate workplace policies about acceptable behaviour and safety protocols? - How confident are you in your employer's efforts to minimise risks and prevent harm within the workplace? - Do you think your employer fosters a [mentally healthy workplace](/nz/articles/mentally-healthy-workplace)? - If you witnessed behaviour contrary to the company's ethics or safety guidelines, how comfortable would you feel reporting it? - How well do you think the company responds to and manages reports of safety concerns or unethical behaviour? - If you raise a safety or ethical concern, how confident are you that your anonymity and security will be protected? - How frequently does your employer provide training or updates on safety procedures and ethical conduct? - Can you share an instance where you felt the company effectively demonstrated its commitment to maintaining a [psychologically safe workplace](/articles/psychosocial-hazards-at-work)? - How adequately do you feel the company prepares employees to handle situations that may compromise their safety or the safety of others? ![Understand employee surveys: Work-life balance](https://media.elker.com/4e9957ea-405b-4c6c-9a1e-f6d9097fb9a4/work-life-balance.png?width=992) ### Work/life balance **Insights for employers**: A good work-life balance leads to increased employee satisfaction and productivity. This section aims to delve into how employees juggle their professional duties with personal time. The insights we gather here are crucial, as they guide us in shaping policies that bolster employee well-being and act as a buffer against the all-too-common burnout. **Example questions**: - How would you rate your ability to maintain a healthy work-life balance with your current workload? - Has the company provided flexible working options to support your personal, out-of-work commitments? - Can you suggest improvements the company could make to better support employees' work-life balance? ![Understand employee surveys: Company culture and values](https://media.elker.com/144475c6-247c-49fa-8845-fd726f07660a/company-culture.png?width=992) ### Company culture and values **Insights for employers**: This category highlights how well employees understand and embody the company's culture and core values. Understanding this alignment is crucial for employers as it directly impacts employee engagement, loyalty, and productivity. Insights gathered can help identify gaps between the company's stated values and its operational reality, guiding strategies to reinforce culture, enhance alignment, and foster a more cohesive and motivated workforce. **Example questions**: - How well do you think our company's actions reflect its core values? - Can you give an example of how our company culture has positively influenced your work or team? - Do you feel encouraged to make decisions that align with the company's core values? Why or why not? - How could we improve our organization's culture to better reflect our core values? - How does the company support you in understanding and integrating its core values into your daily work? ![Understand employee surveys: Trust in the company's leadership](https://media.elker.com/5613eed7-6ca3-497e-ae74-621b6b445d60/trust-leadership.png?width=992) ### Trust in the company's leadership **Insights for employers**: This category explores employees' trust in and perceptions of the organisation's leadership, including their effectiveness in guiding the company, making strategic decisions, and embodying its values. Understanding the level of trust in leadership is critical for employers because it influences employee engagement, job satisfaction, and organisational loyalty. Insights can highlight areas where leaders excel and identify opportunities for improving communication, transparency, and leadership practices to strengthen organisational trust. **Example questions**: - How confident are you in the leadership team's vision and direction for the company? - Do you believe our leaders make decisions in the best interest of both employees and the company? - Can you provide an example of how a leader in our organisation demonstrated integrity and transparency? - How effectively do you feel the leadership team communicates important decisions and changes to the employees? - How could our leadership improve to better support and engage with the employees? ![Understand employee surveys: Professional growth and career development](https://media.elker.com/f2037c45-4356-41d8-9601-c2b37338b73b/career-development.png?width=992) ### Professional growth and career development opportunities **Insights for employers**: This category measures your employees' career aspirations and how well the company does to support career growth. Insights gathered here can pinpoint areas where the company might bolster its career development efforts to ensure employees see a long-term future for themselves within the organisation. **Example questions**: - How satisfied are you with your professional development opportunities within our organisation? - Do you feel that the company supports your career growth and advancement? Please explain. - How have recent training or development programs impacted your professional skills or career path? - What additional training or development opportunities would you like to see offered by the company? - How clear and accessible do you find the information regarding career advancement within our organisation? ![Understand employee surveys: Autonomy in the workplace](https://media.elker.com/91dde02d-c009-40bc-8052-93da6292c965/autonomy.png?width=992) ### Autonomy **Insights for employers**: This category examines employees' perceptions of their autonomy at work, focusing on the amount of freedom they have over their tasks and decision-making. Insights from this area can show how the company's structure and culture support or hinder autonomous work and where increasing autonomy could boost efficiency and engagement. **Example questions**: - How much freedom do you feel you have in making decisions related to your work tasks? - Can you describe a situation where you felt empowered to take initiative in your role? - Do you feel the company's policies and management style support your ability to work autonomously? - What changes, if any, could enhance your sense of autonomy in your role? - How does the level of autonomy you experience affect your satisfaction and productivity at work? ![Understand employee surveys: Work impact](https://media.elker.com/d3b15d66-9a19-4196-8fc7-d382d223de20/work-impact.png?width=992) ### Work impact **Insights for employers**: This category explores how employees perceive the significance and impact of their work within the team and the broader organisation. Insights gained can help employers recognise and communicate the value of individual contributions more effectively, ensuring employees feel integral to the organisation's success and are more invested in their roles. **Example Questions**: - How do you perceive the impact of your work on the team and the organisation as a whole? - Can you share a recent project or task where you felt your contribution made a significant difference? - Do you feel that the organisation recognises and values your efforts and contributions? - How do you think the organisation could better highlight and utilise individual contributions? - How does understanding your work's impact influence your motivation and engagement with your role? ![Understand employee surveys: Workplace connection](https://media.elker.com/b4552cec-c7f5-4437-ada0-a24d39fcc533/workplace-connection.png?width=992) ### Workplace connection **Insights for employers**: This category assesses the strength of employees' relationships and sense of belonging with their coworkers, teams, and the company. Insights from this area can help identify opportunities to strengthen interpersonal relationships, enhance team dynamics, and foster a more inclusive and supportive company culture. **Example questions**: - How connected do you feel to your coworkers and team members professionally and personally? - Can you describe how the company culture influences your sense of belonging and connection within the workplace? - What activities or practices have you found most effective in building connections with your colleagues? - Are there areas where you think the company could improve to foster stronger connections among employees? - How does your sense of connection with the workplace impact your daily job satisfaction and overall well-being? ![Understand employee surveys: Manager effectiveness](https://media.elker.com/ce8d5a15-5911-44c9-a641-042719eb918f/workplace-effectiveness.png?width=992) ### Manager effectiveness **Insights for employers**: This category is about the employees' perceptions of their managers' support, communication skills, and overall leadership effectiveness. Insights obtained can highlight strengths and areas for improvement in management practices, guiding targeted development and training programs for managers to support their teams better. **Example questions**: - How would you rate your manager's ability to communicate clearly and effectively? - Can you explain how your manager has supported your professional development? - Do you feel your manager effectively leads the team towards achieving its goals? Why or why not? - How could your manager improve their support and leadership of the team? - How does your manager's effectiveness influence your motivation and engagement at work? ![Understand employee surveys: Team dynamics](https://media.elker.com/b407c7a1-ef78-4cd8-a826-586813fabe1b/team-dynamics.png?width=992) ### Team dynamics **Insights for employers**: This category evaluates how well teams within the organisation communicate, collaborate, and work towards shared objectives. Insights from this area can help identify successful practices and areas where teams may need support or intervention to improve their cohesion and performance. **Example questions**: - How would you describe the level of collaboration and communication within your team? - Can you share an example where your team effectively worked together to achieve a goal? - Do you feel all team members are aligned with and committed to the team's objectives? - What challenges does your team face working together effectively, and how could these be addressed? - How could the organisation further support your team in enhancing its dynamics and achieving its goals? ![Understand employee surveys: Recognition and feedback](https://media.elker.com/73941f0f-8f3b-4acb-9a57-f6a4de88d4bc/recognition-feedback.png?width=992) ### Recognition and feedback **Insights for employers**: This category examines the practices surrounding the giving, receiving, and perception of recognition and feedback within the organisation. Insights gained can identify strengths in current practices and areas needing enhancement to ensure feedback and recognition are meaningful, timely, and effective in fostering a positive work environment. **Example questions**: - How frequently and effectively do you receive feedback on your work performance? - Can you describe a recent instance where you felt genuinely recognised for your contributions? - Do you believe the current system of recognition and feedback within the organisation is fair and unbiased? - What form of recognition do you find most motivating and why? - How could your team or the organisation improve the process of giving and receiving feedback? ![Understand employee surveys: Communication and resources](https://media.elker.com/57730ef4-9456-4247-ab69-d35355851cc9/communication-resources.png?width=992) ### Communication and resources **Insights for employers**: This category assesses how effectively information is communicated within the organisation and the accessibility of resources necessary for employees to perform their roles. Insights from this area can help identify communication gaps and resource needs, guiding improvements to support systems and information dissemination strategies. **Example questions**: - How would you rate the clarity and consistency of communication from leadership and within your team? - Is it easy to access the resources and information needed to do your job effectively? - Can you identify any areas where communication breakdowns tend to occur and suggest improvements? - How informed are you about changes and updates that affect your work or the organisation as a whole? - What additional resources or tools would help you perform your job better? - Are you aware of the company policies, like the [whistleblowing](/nz/articles/what-is-whistleblowing) policy? ![Understand employee surveys: Meaning and purpose](https://media.elker.com/5ffe70a1-4aa9-4e8d-85ad-1e505d9804f1/meaning-purpose.png?width=992) ### **Meaning and purpose** **Insights for employers**: This category explores how employees perceive the significance and purpose of their work, assessing whether they find their roles engaging and meaningful. Insights gained can highlight how well the organisation's mission aligns with employees' values and identify opportunities to enhance job enrichment and alignment with organisational goals. **Example questions**: - Do you feel your work contributes meaningfully to the organisation's mission and goals? - How connected are you to the purpose behind your daily tasks and overall role? - Can you share a moment when you felt particularly proud or fulfilled by your work? - How could the organisation help employees feel more engaged and find deeper meaning in their work? - How does the sense of purpose in your work influence your motivation and job satisfaction? ## Summary Elker is an important tool for organisations seeking to enhance employee engagement and workplace culture through pulse surveys and anonymous reporting. By facilitating a secure and confidential avenue for feedback, Elker enables businesses to gather meaningful insights into the employee experience. This not only aids in identifying areas for improvement but also empowers organisations to implement actionable changes that contribute to the health of the business and the safety of its employees. Utilizing Elker's capabilities, companies can proactively address concerns ranging from operational inefficiencies to [safety issues](/articles/industrial-manslaughter), fostering an environment where transparency and trust are paramount. The platform's emphasis on anonymity ensures that employees feel safe to share their honest feedback, leading to a more accurate understanding of workplace dynamics and employee needs. Through Elker, organisations can create a stronger, more engaged workforce committed to driving success and maintaining a positive, secure work environment. See how Elker can benefit your business.  [Book a demo](/nz/book-demo) of the platform. ### Key takeaways - Analysis is where most engagement surveys fall down. Quantify the data, segment it by team, tenure, and demographics, look for patterns and outliers, and read every open-ended comment. Numbers without narrative are rarely actionable. - Share critical findings with leaders and managers and narrow focus to two or three key themes when building the action plan. Trying to address everything at once is how initiatives stall. - For each area of improvement, develop specific actions, set goals and deadlines, and follow up regularly on progress. Visible follow-through is what converts feedback into future participation. - Psychological safety questions double as a compliance signal. Employee responses on how safe they feel reporting unethical behaviour or safety concerns are directly relevant to the Australian [positive duty](/articles/7-standards-positive-duty-sex-discrimination-act) and broader psychosocial risk obligations. - Engagement surveys and always-on speak-up channels are complementary. Surveys capture aggregate sentiment; [speak-up channels](/nz/articles/anonymous-employee-feedback) capture specific concerns that are too sensitive, urgent, or individual to wait for the next survey round. ## Frequently asked questions The best questions elicit honest, specific feedback across several dimensions of the employee experience: job satisfaction, alignment with company values, career development, work/life balance, team dynamics, [psychological safety](/nz/articles/psychologically-safe-workplace), manager effectiveness, and meaning and purpose. Mix Likert-scale questions for trend tracking with open-ended prompts that invite employees to describe their experience in their own words. Keep wording neutral and unbiased. The strongest insights come from questions that explore satisfaction, motivation, and willingness to recommend the organisation as a place to work (the classic "employee net promoter" style question). Combine these with items on psychological safety, manager effectiveness, recognition, and whether employees see a future at the company. Questions framed around behaviour and recent experience tend to outperform abstract attitude questions, because they anchor the response in something concrete the employee has actually observed. Use a combination of quantitative and qualitative questions to capture both the score and the story behind it. Quantitative items (Likert scales on satisfaction, alignment, and intent to stay) give you trend data you can track over time. Open-ended questions add context, surface issues averages would hide, and explain why scores move. Segment results by team, tenure, and demographics so you can see where engagement is genuinely strong and where it is being propped up by outliers. Pair the survey with always-on [speak-up channels](/nz/articles/anonymous-employee-feedback) for specific concerns that cannot wait for the next round. A good structure includes a short introduction explaining the purpose and confidentiality of the survey, a demographics section (role, tenure, team), core engagement questions covering key categories, open-ended and Likert-scale questions, a brief outro, and a documented follow-up plan. Structure helps respondents and gives the analysis team a clear path to action. A layered cadence works best: short pulse surveys four to five times per year, more formal surveys every six months, and an annual evaluation using a different measurement approach. Regular intervals let you track sentiment changes without overwhelming employees or inviting survey fatigue. Frame every question neutrally, without personal opinions or leading language, and avoid loaded terms or implied correct answers. Pilot the survey with a small group before sending it widely, and test whether employees interpret each question the way you intended. Biased questions produce biased data. Quantify the data first, then segment by team, tenure, and demographics to surface patterns that averages would hide. Look for outliers and trends, read open-ended responses for context, and share two to three priority themes with leaders and managers. For each theme, set specific actions, assign owners, set deadlines, and report back on progress before the next round. Use the survey alongside always-on [speak-up channels](/articles/speak-up-culture) to capture both aggregate trends and individual concerns. ### Sources 1. Safe Work Australia, Model Code of Practice: Managing psychosocial hazards at work (2022) 2. Sex Discrimination Act 1984 (Cth), positive duty provisions 3. Australian Human Rights Commission, Guidelines for Complying with the Positive Duty under the Sex Discrimination Act 1984 (Cth) 4. Privacy Act 1988 (Cth) and Privacy Act 2020 (NZ) 5. WorkSafe New Zealand, guidance on worker engagement, participation, and representation 6. Fair Work Ombudsman, Best practice guides on effective dispute resolution and consultation _This article is general information only, not legal advice. Laws change and individual circumstances differ. For advice on your specific circumstances, consult a qualified legal practitioner. See our [Terms of Use](/nz/policies/terms) for the full disclaimer._ ## You might also like --- url: https://elker.com/nz/articles/iso-37002 title: "ISO 37002 & Certification FAQ: Whistleblowing Systems" description: "Learn about ISO 37002 and what makes an effective whistleblowing system. See how your organisation can improve its organisational culture." locale: en-NZ generated: 2026-07-01T14:05:43.277Z --- Mar 22, 2024 # ISO 37002 & Certification FAQ: Whistleblowing Management System [Reporting](/nz/blog/reporting)[Cultural change](/nz/blog/cultural-change)[Compliance](/nz/blog/compliance) Learn about ISO 37002 and what makes an effective whistleblowing management system. See how your organisation can meet international standards and improve its organizational culture. ![ISO 37002: implementing an effective whistleblowing management system](https://media.elker.com/cac2e30f-ae8f-427b-98d4-b31f710655dd/iso_37002_certification_1.png?width=992) ByElker Editorial TeamReviewed byJack MurrayUpdated22 April 2026 **TL;DR** - ISO 37002:2021 is an international standard that provides guidelines for establishing, implementing, and maintaining a whistleblowing management system (WMS). It was published on 14 July 2021 by ISO Technical Committee 309 (Governance of Organizations) and is designed to be adaptable across organisation sizes, sectors, and jurisdictions. - The standard is built on three core principles: **trust** in the reporting process, **impartiality** in how reports are handled regardless of who is involved, and **protection** of whistleblowers from victimisation, retaliation, discrimination, or harassment. - ISO 37002 is a Type B (guidance) standard. That means it provides recommendations rather than requirements for certification, so there is no ISO 37002 certificate. Organisations use it to benchmark or build a WMS aligned with international best practice. - It sits alongside related standards in the ISO governance family, including ISO 37001 (Anti-bribery Management Systems), ISO 37301 (Compliance Management Systems), ISO 37008 (Internal Investigations), and ISO 31000 (Risk Management), which can be used together to support a broader integrity and compliance framework. - The standard is not a replacement for Australian or New Zealand whistleblowing legislation. It is broadly consistent with local law but local requirements (such as the Corporations Act 2001 (Cth) Part 9.4AAA) often impose more stringent rules that must be met as well. ## ISO 37002 ISO 37002 is an international standard that provides clear guidelines for establishing, implementing, and maintaining a whistleblowing management system within organisations. The standards assist organisations to create a safe and effective environment for reporting wrongdoing, protecting whistleblowers and ensuring proper handling of reports. ISO37002 is based on three core principles, trust, impartiality and protection: 1. **Trust:** The whistleblowing system should be designed and operated in a manner that instills trust in the process and the organisation's commitment to addressing reported concerns. 2. **Impartiality:** The system should ensure that all reports are handled fairly, objectively, and without bias, regardless of the identity or position of the whistleblower or the person(s) involved in the alleged wrongdoing. 3. **Protection:** The organisation must take appropriate measures to protect whistleblowers from victimisation (i.e. any form of retaliation, discrimination or harassment) as a result of their reporting. ISO37002 was designed to be adaptable to a range of organisations and business types, irrespective of the nature, size, geography, and jurisdiction of the organisation. **ISO 37002 is a** [**Type B standard**](https://www.iso.org/management-system-standards-list.html#TypeAB), meaning it provides guidance and recommendations rather than specific requirements for certification. Instead, organisations can use the ISO 37002 standards as a tool to benchmark their existing whistleblowing management system or to develop a new one aligned with international best practices. ISO 37002 is closely related and can fulfil requirements in Type A ISO standards: - [**ISO 37001: Anti-bribery Management Systems**](https://www.iso.org/files/live/sites/isoorg/files/store/en/PUB100457_preview.pdf) is a standard that helps organisations prevent, detect, and address bribery and other forms of financial crime. It provides a framework for implementing an effective anti-bribery management system, which includes policies, procedures, and controls to mitigate bribery risks.  By [establishing a whistleblowing system](/articles/advantages-of-whistleblowing-in-the-workplace), organisations can encourage employees and other stakeholders to report suspected instances of bribery and financial crime. This increased reporting can help organisations detect and address these issues more effectively, reducing the risk of legal and reputational damage. - [**ISO 37301: Compliance Management Systems**](https://www.iso.org/obp/ui/en/#iso:std:iso:37301:ed-1:v1:en) offers a framework to design, implement, evaluate, maintain, and enhance a robust compliance management system within an organization. It helps organisations ensure that they are meeting their legal and regulatory obligations, as well as their own internal policies and procedures. A secure [whistleblowing](/nz/articles/what-is-whistleblowing) system can serve as an early warning mechanism, allowing organisations to identify and address potential compliance issues before they escalate into more serious problems. It is also closely related to a number of important guidance standards under the umbrella of [ISO/TC 309 Governance of Organizations](https://www.iso.org/committee/6266703/x/catalogue/p/1/u/0/w/0/d/0): - [**ISO 37008: Internal Investigations of Organizations**](https://www.iso.org/obp/ui/en/#iso:std:iso:ts:37008:ed-1:v1:en) is a new international standard that provides guidance on planning and scoping an internal investigation, collecting and preserving evidence, interviewing witnesses, and reporting findings. - [**ISO 31000: Risk Management**](https://www.iso.org/files/live/sites/isoorg/files/store/en/PUB100464_preview.pdf) offers organisations a set of guidelines, frameworks, and processes designed to improve risk management strategies. The related standards can be used in conjunction with ISO 37002 to create a comprehensive framework for promoting ethical behavior, best practices and compliance within organisations committed to good governance. **ISO 37002 is not a replacement for applicable whistleblowing legislation.** While the guidelines are generally consistent with Australian requirements, they do not replace compliance with specific local laws. As an international standard, ISO 37002 offers a comprehensive set of guidelines for managing a whistleblowing system. It acknowledges the needs of organisations to tailor their systems to their unique business and regulatory contexts. However, the stringent Australian legal requirements for whistleblower protections necessitate more rigorous processes than those suggested in the guidelines. ## What is the purpose of ISO 37002? The development of ISO 37002 was driven by the changing whistleblowing landscape in recent years. High-profile cases have prompted the introduction of new whistleblower protection regulations and legislation across the globe, leading organisations to reevaluate the effectiveness of their internal reporting systems. Many employees still face barriers to reporting misconduct within their organisations. Despite an increased awareness about the importance of speaking up, many employees still face barriers to whistleblowing, such as: - Distrust in the organisation's ability to respond to reports effectively - Uncertainty about whether the organisation will take a report seriously - Doubt that information will be treated in a confidential manner - Fear of victimisation or retaliation Adopting ISO 37002 allows organisations to show their dedication to ethical practices, transparency, and accountability. This standard serves as a strategic tool, reassuring stakeholders of the organisation's proactive efforts to prevent, identify, and resolve issues related to misconduct and safety. In the event of an investigation, adherence to ISO 37002 may also be taken into account as evidence that an organisation has taken proactive measures to identify and mitigate wrongdoing while protecting whistleblowers and other stakeholders. ## Key aspects of ISO 37002 Some key aspects addressed in ISO 37002 include: - Developing a clear whistleblowing policy - Establishing secure and confidential reporting channels - Defining roles and responsibilities for managing the WMS - Investigating and addressing reports of wrongdoing - Protecting whistleblowers from retaliation - Providing training and communication to employees and stakeholders The table of contents and introduction [can be read here](https://www.iso.org/obp/ui/en/#iso:std:iso:37002:ed-1:v1:en). ![ISO 37002: Steps to build an effective whistleblowing system infographic ](https://media.elker.com/60a8ec6c-f7e9-4696-84fb-c33c6a61aeab/iso_37002_certification_2.png?width=992) ## How to implement an effective whistleblowing management system based on ISO 37002 standards Developing an effective whistleblowing management system with ISO 37002 involves a systematic, step-by-step approach. Below is a guide to help organisations create a robust WMS that aligns with these standards. ### **1\. Assess current practices and identify gaps** Begin by evaluating your organisation's existing whistleblowing policy, practices and procedures. Identify any gaps or areas for improvement in relation to the guidelines provided in ISO 37002. This assessment will help you determine the scope of work required to align your WMS with the standard. ### **2\. Develop a comprehensive whistleblowing policy** Create a clear and comprehensive whistleblowing policy that outlines the purpose, scope, and procedures of your WMS. The policy should: - Define what constitutes reportable wrongdoing - Explain how to make a report - Emphasise the organisation's commitment to protecting whistleblowers and other interested parties from retaliation - Outline the investigation process and potential outcomes - Ensure that the policy is easily accessible and communicated to all employees and relevant stakeholders. ### **3\. Establish secure reporting channels** Provide multiple secure and confidential channels for individuals to report suspected wrongdoing, such as: - [Dedicated hotline](/articles/ethics-hotline) - Web-based reporting platform - Email address - In-person reporting to designated personnel These channels should be designed to ensure the confidentiality and, if desired, anonymity of the whistleblower, and to protect the information provided. ### **4\. Define roles and responsibilities** Clearly define the roles and responsibilities of individuals involved in managing the WMS, including: - Whistleblowing coordinator or committee - Investigators - Senior management - Board of directors Ensure that these individuals have the necessary skills, training, and resources to effectively carry out their duties. ### **5\. Implement robust investigation procedures** Establish well-defined procedures for assessing, investigating, and addressing reports of wrongdoing in a proper and timely manner. This should involve: - Trained and impartial personnel - Consistent investigation protocols - Documentation and reporting requirements - Corrective action and follow-up measures ### **6\. Protect whistleblowers from retaliation** Put in place strong measures to protect whistleblowers from any form of retaliation, discrimination, or harassment as a result of their reporting. This may include: - Confidentiality and anonymity provisions - Anti-retaliation policies and procedures - Disciplinary action against those who engage in retaliatory behavior Regularly communicate these protections to employees and demonstrate the organisation's commitment to supporting whistleblowers. ### **7\. Provide training and communication** Develop and deliver regular training and communication programs to ensure that all employees and relevant stakeholders understand: - The importance of reporting wrongdoing - How to make a report - Their rights and protections as whistleblowers - The organisation's commitment to ethical behavior Training should be tailored to different roles and responsibilities within the organisation and reinforced through ongoing awareness campaigns. ### **8\. Monitor, review, and improve** Continuously monitor the performance of your whistleblowing system and conduct regular reviews to identify areas for improvement. This may involve: - Analysing reporting data and trends - Seeking feedback from whistleblowers and other stakeholders - Conducting internal audits or assessments - Benchmarking against industry best practices Use these insights to make necessary adjustments and enhancements to your WMS, ensuring that it remains effective and aligned with ISO 37002 guidelines. By following these steps and adhering to the principles of trust, impartiality, and protection, organisations can establish a robust and effective WMS that encourages the reporting of wrongdoing, protects whistleblowers, and promotes a culture of integrity and ethical behavior. ## How Elker can help your organisation align with the ISO 37002 standard Elker is a whistleblowing system featuring the highest grade security, consistent with ISO 27001 standards. Elker features: - **Anonymous reporting tools**: encourage employees to report concerns with encrypted messaging - **Pulse surveys**: collect anonymous employee feedback - **Response templates and guidance**: assessing critical disclosures without compromising the identity of the reporter - **Comprehensive case management tools**: small companies to large corporations can efficiently manage cases - **Real-time analytics and reporting dashboard**: identify trends and risks in real-time - **Compliance regulations:** For Australian organisations, Elker assists with compliance with the [Corporations Act 2001](/articles/corporations-act-whistleblower-protections), Sex Discrimination Act 1984 ([positive duty](/articles/7-standards-positive-duty-sex-discrimination-act)), Fair Work Act 2009, the new Aged Care Act and more. By partnering with Elker, organisations can streamline the implementation of an effective whistleblowing system that meets the ISO 37002 standard.  For more information how Elker can assist your organisation, [send us a message](/nz/contact). For a look at all the features on offer, [book a demonstration](/nz/book-demo) of the platform. ### Key takeaways - Implementation under ISO 37002 follows a repeatable eight-step cycle: gap-assess existing practice, develop a clear whistleblowing policy, establish secure reporting channels, define roles and responsibilities, build investigation procedures, protect whistleblowers from retaliation, provide training and communication, and monitor and improve the system over time. - The standard addresses the barriers that stop employees from speaking up: distrust in the organisation's response, uncertainty about whether reports will be taken seriously, doubts about confidentiality, and fear of retaliation. A system that does not directly answer each of these barriers will not work in practice. - Secure reporting channels should be plural: a dedicated [ethics hotline](/articles/ethics-hotline), web platform, email, and in-person option covers most reporter preferences. Each channel must protect confidentiality and support anonymity where the reporter chooses it. - Alignment with ISO 37002 is not itself a legal defence, but it provides evidence of proactive management of wrongdoing and whistleblower protection that can be weighed in the context of investigation, litigation, or regulatory action. - The standard is deliberately scalable. It is written to apply to small not-for-profits as easily as to large multinationals, with the expectation that application is proportionate to organisation size and risk profile. ## Frequently asked questions ISO 37002 is a voluntary international standard developed by ISO Technical Committee 309 (Governance of Organizations) that provides guidelines for effective whistleblowing management systems. It was published on 14 July 2021 and is built on three principles: trust, impartiality, and protection of whistleblowers from retaliation. ISO 37002 was developed by International Organization for Standardization Technical Committee 309 for the Governance of Organizations. The committee was created in 2016 and oversees standardisation in the governance, accountability, sustainability, and control of organisations. The standard was published on 14 July 2021 as ISO 37002:2021, Whistleblowing management systems, Guidelines. It sits alongside related committee outputs such as ISO 37001, ISO 37301, and ISO 37008. No. ISO 37002 is a Type B guidance standard, which means it provides recommendations but does not contain requirements against which organisations can be formally certified. You cannot obtain an ISO 37002 certificate. Organisations align with the standard and describe that alignment in policies, audits, and tender responses. ISO itself does not perform certification for any of its standards. Certification bodies operate externally to ISO and only assess against Type A requirements standards. Key aspects include developing a clear whistleblowing policy, establishing secure and confidential reporting channels, defining roles and responsibilities for running the WMS, investigating and addressing reports of wrongdoing, protecting whistleblowers from retaliation, and providing training and communication to staff and stakeholders. It sets out an end-to-end lifecycle from receipt of a report through to closure and review. Implementing ISO 37002 can have a positive effect on organisational culture. By establishing secure and anonymous reporting channels, organisations can detect and address misconduct, fraud, and harassment more effectively. Alignment with the standard demonstrates a commitment to ethical practice and whistleblower protection, builds stakeholder trust, and supports stronger risk management. The guidelines are adaptable for any organisation size or sector, from large corporations to not-for-profits, and can be used alongside an [ethics hotline](/articles/ethics-hotline) and wider [whistleblowing](/nz/articles/what-is-whistleblowing) programme. It complements rather than replaces the law. Australian obligations like [Corporations Act Part 9.4AAA whistleblower protections](/articles/corporations-act-whistleblower-protections) and the [Public Interest Disclosure Act 2013](/articles/public-interest-disclosure-act-2013) are more stringent in many places than ISO 37002, so local compliance remains mandatory. ISO 37002 provides a broader framework that organisations can use to structure how they meet those obligations. There is no free download of ISO 37002. The standard must be purchased from an authorised distributor to ensure accuracy. Cost varies by location, distributor, and format (electronic or hard copy). The standard is available from Standards Australia as AS ISO 37002 and directly from ISO at iso.org. Prices change over time and should be checked on the official ISO and Standards Australia websites before budgeting or procurement. ### Sources 1. ISO 37002:2021, Whistleblowing management systems, Guidelines (published 14 July 2021) 2. ISO 37001:2016, Anti-bribery management systems, Requirements 3. ISO 37301:2021, Compliance management systems, Requirements 4. ISO 31000:2018, Risk management, Guidelines 5. Corporations Act 2001 (Cth), Part 9.4AAA whistleblower protection provisions 6. ASIC Regulatory Guide 270: Whistleblower policies _This article is general information only, not legal advice. Laws change and individual circumstances differ. For advice on your specific circumstances, consult a qualified legal practitioner. See our [Terms of Use](/nz/policies/terms) for the full disclaimer._ ## You might also like --- url: https://elker.com/nz/articles/mentally-healthy-workplace title: "Creating a Mentally Healthy Workplace: A Step-By-Step Guide" description: "Learn how to create a mentally healthy workplace with our step-by-step guide. Identify risks, take action, and support your employees' wellbeing." locale: en-NZ generated: 2026-07-01T14:05:43.330Z --- Jun 25, 2024 # Creating a Mentally Healthy Workplace: A Step-By-Step Guide [Compliance](/nz/blog/compliance)[Cultural change](/nz/blog/cultural-change)[Reporting](/nz/blog/reporting) With one in four Kiwis often experiencing workplace stress, supporting mental health has become a priority for many workplaces. In fact, mental health and stress topped the recent [2022 diversity survey](https://diversityworksnz.org.nz/media/5227/2022-diversity-survey-report-final.pdf) into challenges in the workplace. ![Creating a mentally healthy workplace: guide for employers](https://media.elker.com/6ac9e991-4f8e-4b47-a78b-ed845fccec8f/mentally-healthy-workplace-1.png?width=992) ByElker Editorial TeamReviewed byJack MurrayUpdated22 April 2026 **TL;DR** - A mentally healthy workplace proactively identifies and manages risks to mental health, supports positive mental wellbeing, and provides early intervention for employees experiencing mental health issues. Strong programmes cover all three. - The PwC business case is compelling: every dollar spent on appropriate workplace mental health initiatives generates about $2.30 in benefits through increased productivity, reduced absenteeism, and lower turnover. - A PCBU must eliminate psychosocial risks so far as reasonably practicable. The duty covers identifying hazards, assessing risks, implementing controls, and reviewing effectiveness. - The article's five-step framework is: get leadership buy-in, engage your employees, identify risks and analyse data, create an action plan, and review-adjust-repeat. Each step relies on worker voice to be effective. - Anonymous reporting tools are a core part of the infrastructure. They give workers a safe channel to disclose mental health concerns and psychosocial hazards, and they feed the ongoing data analysis that keeps the action plan responsive. Creating a mentally healthy workplace doesn't have to be complicated or costly. Implementing best practices can protect employees' wellbeing and foster a [positive work culture](/nz/articles/culture-audit-guide). The benefits are clear: mentally healthy workplaces have more engaged and productive employees, fewer injuries and sick days, and lower turnover costs. In this article, we'll explore what a mentally healthy workplace looks like, outline some practical steps you can take to create one and introduce a tool that makes it easy to promote mental health in your organisation. ## What is a mentally healthy workplace? A mentally healthy workplace is one that actively promotes and supports the mental wellbeing of its employees. Some key characteristics of a mentally healthy workplace include: - A proactive approach to identifying and managing risks to mental health, such as high job demands, low job control, poor support, and other psychosocial hazards - Policies and practices that support positive mental health, such as flexible work arrangements, employee participation in decision-making, and opportunities for growth and development - A culture of openness, respect and inclusivity, free from stigma and [discrimination](/articles/discrimination-in-the-workplace) - Regular mental health awareness and resilience training for all staff - Early intervention and support for employees experiencing mental health issues, including Employee Assistance Programs, adjustments to work tasks, and return-to-work programs - Commitment from senior leadership to creating a mentally healthy workplace is demonstrated through actions and open communication The business case for investing in workplace mental health is strong. According to an analysis by PwC, every dollar spent on successfully implementing appropriate mental health initiatives in the workplace can generate $2.30 in benefits to the organisation. These benefits include increased productivity, reduced absenteeism and compensation claims, and lower turnover costs. ## How to create a mentally healthy workplace A person conducting a business or undertaking (PCBU) **must** eliminate psychosocial risks so far as is reasonably practicable. This means identifying psychosocial hazards, assessing the risk factors, implementing control measures to eliminate or minimise those risks, and reviewing the effectiveness of the controls. Creating a mentally healthy work environment involves a range of strategies, from leadership commitment to risk assessment and action planning. It's an ongoing process that requires input from everyone in the organisation. Here is a step-by-step guide to get you started: ### 1\. Get leadership buy-in - Help leaders understand the importance of mental health and the legal obligations around managing psychosocial risks. - Promote the benefits of a mentally healthy workplace, such as increased productivity and reduced absenteeism. - Encourage leaders to model positive behaviours, like taking breaks and discussing mental health openly. - Ensure there's a budget allocated for initiatives. ### 2\. Engage your employees - Regularly check in with staff about their mental wellbeing and the factors impacting it at work. - Use anonymous surveys, focus groups, or workshops to gather honest feedback. - [Encourage employees to speak up](/articles/speak-up-culture) about psychosocial risks, and assure them that their concerns will be taken seriously. Consider implementing an anonymous reporting tool like Elker to provide a safe channel for raising sensitive issues at work. ### 3\. Identify risks and analyse data - Use psychosocial risk assessment tools to pinpoint risks like high job demands, low job control, exposure to traumatic events, discrimination and harassment. To better understand the various risks, read our article [What Are Psychosocial Hazards?](/articles/psychosocial-hazards-at-work) - Safe Work Australia has a helpful [risk assessment matrix](https://www.safeworkaustralia.gov.au/sites/default/files/2022-08/model_code_of_practice_-_managing_psychosocial_hazards_at_work_25082022_0.pdf) to help you identify and manage risks (Appendix C - last page). - Analyse HR data on absenteeism, turnover, compensation claims, and EAP usage to spot trends. - Where appropriate, look at customer feedback and [whistleblowing systems](/articles/advantages-of-whistleblowing-in-the-workplace) like Elker to identify any emerging or systemic issues. - Consider the unique mental health risks arising from your industry and work environment. ### 4\. Create an action plan Every organisation has different inherent psychosocial risks, depending on factors like industry, business size, job roles, and level of public interaction. Your action plan should be adapted to address the unique needs and challenges of your workplace - it's not a one-size-fits-all approach. What matters is the proactive effort to tackle psychosocial hazards and improve mental health and wellbeing. Your action plan should document how you will meet your compliance duties concerning psychosocial risks and promote a mentally healthy workplace. Include initiatives such as the following: - Update policies on: - sick leave and return-to-work programs - mental illness non-discrimination - anti-discrimination, [bullying](/nz/articles/understanding-and-preventing-workplace-bullying) and [harassment](/articles/5-risk-factors-for-sexual-harassment-in-the-workplace) - [employee misconduct](/nz/articles/serious-misconduct) - [whistleblowing](/nz/articles/what-is-whistleblowing) and [whistleblower protections](/articles/corporations-act-whistleblower-protections) - Ensure policies are clear, accessible to all and are communicated regularly. - Facilitate stress management training, particularly for high-risk roles, as well as training for management in supporting the psychological health of their colleagues. - Consider flexible work arrangements and support programs to facilitate workers' recovery from mental illness. - Regular mental health awareness events and activities. - Promote your Employee Assistance Program and other support services. - Ensure there are accessible, confidential ways for staff to report mental health concerns or workplace issues, such as an [anonymous reporting](/nz/articles/anonymous-reporting-advantages-disadvantages) tool like Elker. ### 5\. Review, adjust, repeat Regular reviews and adjustments of your mental health strategy are essential. They ensure it remains effective and responsive to the changing needs of your organisation and employees. - Establish a regular schedule for reviewing the effectiveness of your mental health initiatives, such as quarterly or biannually. - Seek [employee feedback](/nz/articles/anonymous-employee-feedback) through various channels, such as pulse surveys and focus groups. [Ask specific questions](/nz/articles/employee-engagement-survey-questions) about the perceived impact and value of different initiatives. - Monitor key metrics that may indicate the overall mental health of your workplace, such as: - Survey results - Anonymous reporting data - EAP utilisation rates - Absenteeism and presenteeism rates - Workers' compensation claims related to mental health - Turnover rates and stated reasons for leaving - Engagement and satisfaction scores from employee surveys - Analyse all the data collected to assess what's working well and where there are opportunities for improvement. Look for initiatives that have had a positive impact and consider how they could be expanded or replicated. - Based on the review, make necessary adjustments to your mental health strategy and action plan. This may involve modifying, replacing or discontinuing initiatives that aren't delivering value, or introducing new ones to address emerging needs. ![Creating a mentally healthy workplace: anonymous reporting in the workplace](https://media.elker.com/5e659ee9-99dd-4e40-91c2-015a204ed1ec/anonymous-reporting-mentally-healthy-workplace.png?width=992) ## The role of technology in supporting mental health at work Technology can play an important role in workplace mental health support. One such tool is Elker, an anonymous reporting platform designed to help Aotearoa businesses manage issues that can impact employee wellbeing. Employees often fear speaking up about workplace issues or reporting discrimination, misconduct, or psychosocial hazards. Elker addresses this by providing a secure, encrypted channel for staff to anonymously disclose sensitive issues. The [platform features](/nz/features) intelligent pathways that route cases to the appropriate responder, ensuring prompt and effective handling of reports. In addition to its reporting capabilities, Elker offers pulse surveys that gather real-time data on workplace health. This enables organisations to proactively respond to potential problems before they escalate. By utilising Elker, companies can demonstrate their commitment to employee wellbeing while simplifying compliance with various federal and state regulations, including work health and safety laws, and anti-discrimination legislation. To discover how Elker can support your organisation in creating a mentally healthy workplace, [book a demo](/nz/book-demo) today. ## Additional resources For further information: - Explore [resources by WorkSafe NZ](https://www.worksafe.govt.nz/topic-and-industry/work-related-health/mental-health/) - [Statistics on workplace mental health](https://mentalhealth.org.nz/workplaces/statistics-on-workplace-mental-health-and-wellbeing) and wellbeing by the Mental Health Foundation of New Zealand - The Black Dog Institute has [resources on creating a mentally healthy workplace](https://www.blackdoginstitute.org.au/wp-content/uploads/2020/04/creating-mentally-healthy-workplaces.pdf) - View the Safe Work Australia [guide to managing the risks](https://www.safeworkaustralia.gov.au/safety-topic/managing-health-and-safety/mental-health/psychosocial-hazards) of psychosocial hazards ### Key takeaways - Prevention (job design, workload, manager training) outperforms reactive support (employee assistance programmes, return-to-work) on both outcomes and cost. Both matter; regulators now expect investment in prevention. - Leadership commitment is the single strongest predictor of programme effectiveness. Leaders have to model open communication about mental health, allocate budget, and be visibly accountable. - Action plans must be tailored to the industry and work environment. A one-size-fits-all mental health policy does not satisfy the duty to manage psychosocial risks. - Ongoing measurement through anonymous surveys, reporting data, EAP utilisation, absenteeism, workers' compensation claims, and engagement scores is the only reliable way to tell whether the strategy is working. - Regular review (quarterly or biannually) with willingness to modify or discontinue initiatives that aren't delivering is the discipline that separates effective programmes from symbolic ones. ## Frequently asked questions A mentally healthy workplace proactively identifies and manages [psychosocial hazards](/articles/psychosocial-hazards-at-work), supports positive mental wellbeing through good job design and flexible arrangements, and provides early intervention for workers experiencing mental health conditions. Key features include a positive culture, manageable workloads, clear roles, strong leadership commitment, and a willingness to talk openly about mental health without stigma. Good mental health in the workplace is characterised by employees feeling valued, respected, and supported. Workers have manageable workloads, clear roles, and opportunities to contribute and develop. There is open communication, fairness, and a sense of purpose and belonging. Staff feel comfortable discussing mental health without fear of stigma or discrimination, and there are support systems in place when difficulties arise. It is the lived experience of a workplace that has done the preventive and protective work well. A PCBU (person conducting a business or undertaking) must eliminate psychosocial risks so far as reasonably practicable. This involves identifying psychosocial hazards, assessing risk factors, implementing control measures, and reviewing effectiveness. The duty sits under WHS laws and is supported by Safe Work Australia's Model Code of Practice, with equivalent obligations under New Zealand's Health and Safety at Work Act 2015. Get leadership buy-in (budget and behaviour modelling), engage employees through anonymous surveys and focus groups, identify risks using a [psychosocial risk assessment](/articles/psychosocial-risk-assessment-guide), create a tailored action plan that updates sick leave, anti-discrimination, [bullying](/nz/articles/understanding-and-preventing-workplace-bullying), [whistleblowing](/nz/articles/what-is-whistleblowing), and misconduct policies, and review and adjust the plan regularly using measurable indicators. Staying mentally healthy at work involves maintaining a healthy work-life balance, building supportive relationships with colleagues, communicating openly, and accessing support early when difficulties arise. Practical habits like regular exercise, sufficient sleep, time management, relaxation techniques, and setting clear boundaries all help. Employers support this by providing education, flexible work arrangements, and an environment free from stigma and discrimination. Employees should also feel able to speak up when they need support and use available resources confidently. Pulse survey results, [anonymous reporting](/nz/articles/anonymous-reporting-advantages-disadvantages) data, EAP utilisation, absenteeism and presenteeism rates, workers' compensation claims related to mental health, turnover and stated reasons for leaving, and engagement and satisfaction scores. Looking at the full pattern together is more reliable than any single metric. Employees often hesitate to disclose mental health issues, discrimination, or psychosocial concerns through named channels. Anonymous reporting gives them a secure, encrypted way to raise sensitive issues and [speak up](/articles/speak-up-culture) without fear of reprisal. The aggregated data feeds the risk analysis and helps leaders detect emerging problems before they escalate. ### Sources 1. Safe Work Australia, Model Code of Practice: Managing psychosocial hazards at work (2022) 2. PwC, analysis of return on investment for workplace mental health initiatives 3. Black Dog Institute, Creating mentally healthy workplaces resources 4. WorkSafe New Zealand, work-related health and mental health guidance 5. Mental Health Foundation of New Zealand, statistics on workplace mental health and wellbeing 6. Health and Safety at Work Act 2015 (NZ) and Australian state WHS Acts _This article is general information only, not legal advice. Laws change and individual circumstances differ. For advice on your specific circumstances, consult a qualified legal practitioner. See our [Terms of Use](/nz/policies/terms) for the full disclaimer._ ## You might also like --- url: https://elker.com/nz/articles/nz-modern-slavery-bill-2026 title: "NZ Modern Slavery Bill 2026: Employer's Guide | Elker" description: "Plain-English guide to New Zealand's Modern Slavery Reporting Bill (Bill 242-1). NZD 100 million threshold, seven content criteria, NZD 600,000 civil penalties, director liability, and what NZ employers should do now." locale: en-NZ generated: 2026-07-01T14:05:43.385Z --- Apr 30, 2026 # The NZ Modern Slavery Bill 2026: what New Zealand employers need to know [Compliance](/nz/blog/compliance)[Reporting](/nz/blog/reporting) A practical guide to Bill 242-1 (the Modern Slavery Reporting Bill): the NZD 100 million threshold, the seven content criteria for a modern slavery statement, civil penalties, director liability, and what to do before the regime commences. ![The Nz Modern Slavery Bill 2026 What You Need to Know](https://media.elker.com/b9e61aa2-1089-4f52-8f54-65c0a63beb96/the-nz-modern-slavery-bill-2026-what-you-need-to-know.png?width=992) ByElker Editorial TeamReviewed byJack MurrayUpdated12 May 2026 For two decades, New Zealand has had no dedicated modern slavery statute. The Crimes Act 1961 covers the criminal end (slavery, trafficking, exploitation of migrant workers), the Employment Relations Act 2000 covers minimum standards, and the Immigration Act 2009 reaches employers who exploit visa holders. None of those laws ask a board to look across its supply chain and report on what it found. Australia has done that since 2019, the UK since 2015. New Zealand has been the standout. That changed on 10 February 2026 when National MP Greg Fleming and Labour MP Camilla Belich introduced the Modern Slavery Bill (Bill 242-1) under a never-before-used Standing Order (SO 288) that lets a Member's Bill bypass the ballot with the support of 61 non-executive MPs. On 29 April 2026 the Bill passed its first reading 112 votes to 11, with every party except ACT voting in favour. It is now before the Education and Workforce Select Committee, with public submissions open. The sponsors have stated they want it through Parliament before the 7 November 2026 general election. If the Bill becomes law on that timetable, the reporting regime would commence six months after Royal Assent, putting the first statements due in 2028. This is a guide for employers. It is not legal advice; consult a qualified practitioner for advice on your specific circumstances. ## TL;DR - The Modern Slavery Bill (Bill 242-1) is a Member's Bill jointly sponsored by Greg Fleming (National) and Camilla Belich (Labour). It was introduced on 10 February 2026 and passed its first reading on 29 April 2026 by 112 votes to 11. It is now before the Education and Workforce Select Committee. - The Bill applies to public and private entities with consolidated annual revenue of NZD 100 million or more in a reporting period, covering both New Zealand entities and overseas companies carrying on business in New Zealand. - Reporting entities must publish an annual modern slavery statement addressing seven content criteria covering structure and supply chains, incidents that have occurred, identified risks, due-diligence and remediation actions, complaints received, effectiveness assessment, and training and consultation. - Penalties for non-reporting, false or misleading statements, and other breaches include criminal fines up to NZD 200,000 and civil penalties up to NZD 600,000. Directors and senior managers can be personally liable where the offence happened with their authority, permission, or consent, or where they knew (or should have known) and failed to take reasonable steps to prevent it. - The regime is closely modelled on the Australian Modern Slavery Act 2018 (Cth) but is meaningfully stronger in several places: explicit requirements to report on incidents and complaints, mandatory training and consultation reporting, civil and criminal penalties, and director liability. Australia's Act has none of those. - Many NZ businesses already report under the Australian regime because they sit inside an Australian reporting entity's consolidated group or carry on business in Australia. For those entities, the NZ Bill adds a parallel domestic obligation rather than starting from zero. ## What the Bill does The Modern Slavery Bill (formal short title in the explanatory note: the _Modern Slavery Reporting Bill_) is a disclosure regime. It does not create new criminal offences relating to forced labour or trafficking; those continue to sit under the Crimes Act 1961 (ss 98 to 98F) and the Immigration Act 2009 (s 351). The Bill puts a positive obligation on large entities to look across their operations and supply chains, identify modern slavery risks and incidents, take action, and publish what they did in an annual statement on a public register. The structural logic mirrors the Australian, UK, and Canadian regimes. Criminal prosecution alone has not been enough to address forced labour in international supply chains. Most exploitation happens offshore in jurisdictions where enforcement is weak, and the brands and boards best positioned to influence conduct commercially are usually several contractual layers removed from it. Disclosure regimes use board-level accountability and reputational exposure to push due diligence into procurement decisions that criminal law alone cannot reach. The Bill defines modern slavery by reference to existing offences under the Crimes Act 1961 (ss 98 to 98F) and to international instruments, including ILO Convention No. 182 on the worst forms of child labour and the UN Trafficking Protocol. The conduct captured includes slavery, servitude, forced labour, debt bondage, human trafficking, sexual exploitation, and the worst forms of child labour. ## Who has to report: the NZD 100 million threshold The reporting obligation captures public and private entities with consolidated annual revenue of NZD 100 million or more in a reporting period. The threshold applies on a consolidated basis to corporate groups and reaches both New Zealand-based entities and overseas entities carrying on business in New Zealand. Three points worth noting: The threshold is a hard line, not a sliding scale. An entity at NZD 99 million has no obligation to report; an entity at NZD 100 million does. Entities below the threshold can submit voluntary statements, and a number of New Zealand businesses already do under the existing voluntary MBIE framework. The threshold mirrors the Australian Modern Slavery Act 2018 (Cth) at AUD 100 million. The 2023 McMillan review of the Australian Act recommended dropping the AU threshold to AUD 50 million. The Australian Government's December 2024 response declined that recommendation. The NZ Bill landed at NZD 100 million as the price of bipartisan support; if the Bill survives select committee with the threshold intact, it will sit at parity with the Australian regime in dollar terms even though the Australian dollar is currently worth more. The threshold reaches further than it looks. Many New Zealand subsidiaries of multinational groups will be brought into scope by the consolidated-revenue test even if their NZ-only revenue is well below NZD 100 million. The Bill also reaches overseas entities carrying on business in New Zealand, which means a foreign entity that operates here at scale cannot avoid the obligation by being domiciled offshore. ## The seven content criteria A modern slavery statement under the Bill must address seven content criteria. 1. **Identity, structure, operations, and supply chains.** The reporting entity's name, a description of its structure (including any entities it owns or controls), and a description of its operations and supply chains, both in New Zealand and offshore. 2. **Incidents.** Any modern slavery incidents that have occurred within the reporting entity's operations and supply chains, or those of any entity it owns or controls, during the reporting period. 3. **Risks.** Known or anticipated risks of modern slavery occurring within the reporting entity's operations and supply chains, or those of any entity it owns or controls. 4. **Actions taken.** What the reporting entity and any owned or controlled entities have done to assess, prevent, address, mitigate, and remediate modern slavery and modern slavery risks. This includes due-diligence processes and remediation processes. 5. **Complaints.** The number of modern slavery complaints made to the reporting entity, the steps taken to investigate them, and the remediation provided where incidents were substantiated. 6. **Effectiveness.** How the reporting entity assesses the effectiveness of the actions described above, and how its modern slavery processes and policies are being continually improved. 7. **Training and consultation.** A description of any modern slavery training the reporting entity provides to its own employees, to employees of entities it owns or controls, and to employees in its supply chain. A description of any consultation undertaken with those workers about modern slavery risks. The statement must be published on the reporting entity's website (and remain there until the following year's statement replaces it) and submitted for publication on an online government register within six months after the end of the reporting period (mirroring the Australian regime's six-month rule). The NZ criteria diverge from the AU criteria in three places. The NZ Bill explicitly requires reporting on **incidents that have occurred** as well as risks; the AU Act asks about risks and the actions taken to address them, but does not require reporting on realised incidents. The NZ Bill explicitly requires reporting on **complaints received**; the AU Act does not. And the NZ Bill explicitly requires reporting on **training and consultation with workers across the supply chain**; the AU Act does not. The NZ regime reads as a continuous-improvement programme with public accountability, with implications for how organisations design their underlying processes (more below). ## Penalties and director liability This is where the NZ Bill departs most decisively from the Australian Act. The AU Act, as originally enacted, contained no civil or criminal penalties for non-reporting, false statements, or failing to maintain a due-diligence system. The 2023 McMillan review identified that absence as one of the central weaknesses of the Australian regime. The Australian Government's December 2024 response agreed in principle to introduce penalties through subsequent amendments; that amendment work has not yet landed. The NZ Bill goes there from commencement. - **Criminal fines up to NZD 200,000** for failures including non-reporting and providing false or misleading information. - **Civil penalties up to NZD 600,000** for the same conduct, as an alternative to or in addition to criminal proceedings. - **Public naming** of entities that do not comply. - **Personal liability for directors and senior managers** where the offence took place with their authority, permission, or consent, or where they knew (or could reasonably have been expected to know) the offence was being or was about to be committed and failed to take all reasonable steps to prevent or stop it. The director-liability provision is a knowledge-or-reasonable-expectation test, not mechanical accessorial liability. It turns on what a director did or did not do when modern slavery risk was on the agenda. In practice it pushes directors toward documented oversight: regular reporting on the modern slavery programme to the board, board minutes that show engagement with the issues, and a clear allocation of responsibility within management. Combined with existing director duties under the Companies Act 1993 and the broader trend across NZ reform (climate-related disclosures, financial markets conduct, health and safety officer duties under the Health and Safety at Work Act 2015), modern slavery becomes a board-level issue rather than a procurement-team one. The Institute of Directors has flagged this in its early commentary. ## Where the Bill sits in Parliament As at 30 April 2026, the Bill has passed first reading and sits before the Education and Workforce Select Committee with submissions open. The committee is due to report back on 31 August 2026. From there, the path to enactment runs through second reading, committee of the whole House (clause-by-clause consideration where amendments may be moved), third reading, and Royal Assent. The sponsors want the Bill through all stages before 7 November 2026. Whether that holds depends on the committee timetable and the parliamentary schedule over winter. If Royal Assent lands in September or October 2026 and commencement runs six months later, the first reporting period would start in early 2027 with the first statements due in 2028. Two factors could slow the process. The select committee may receive submissions proposing material amendments to scope, threshold, or director liability, some of which would force the sponsors to renegotiate the bipartisan compromise that got the Bill to first reading. The pre-election legislative agenda will also be congested. ACT, the only party that voted against the Bill at first reading, has signalled consultation and policy concerns. If the Bill does not pass before the election, the position will be reassessed under whatever coalition arrangements emerge. ## How the NZ Bill compares to the Australian Modern Slavery Act 2018 The NZ Bill draws heavily on the Australian model and on the lessons learned from the Australian Act's first six years. Six points of comparison are worth pulling out. **Threshold (parity).** AUD 100 million in Australia, NZD 100 million in New Zealand. The McMillan review recommended dropping the AU threshold to AUD 50 million; the Australian Government declined. NZ sponsors landed at the higher number as part of the bipartisan deal. **Mandatory criteria (broader in NZ).** AU has seven criteria centred on structure, supply chains, risks, actions, effectiveness, consultation with controlled entities, and any other relevant information. NZ has seven criteria centred on structure and supply chains, **realised incidents**, risks, actions, **complaints received**, effectiveness, and **training and consultation with supply chain workers**. The NZ list pushes harder on operational reality and worker engagement. **Penalties (much stronger in NZ).** The AU Act has no civil or criminal penalties as originally enacted. The NZ Bill includes both criminal fines and civil penalties from commencement. **Director liability (only in NZ).** The AU Act puts no personal liability on directors. The NZ Bill puts directors and senior managers personally on the hook in the circumstances described above. **Anti-Slavery Commissioner (Australia has one; NZ enhances the Human Rights Commission's role instead).** The Modern Slavery Amendment (Australian Anti-Slavery Commissioner) Act 2024 (Cth) established the Commonwealth Anti-Slavery Commissioner; Chris Evans took office on 2 December 2024. New South Wales also has an Anti-Slavery Commissioner (Dr James Cockayne, in the role since 1 August 2022). The NZ Bill does not propose a dedicated commissioner. Instead, the Human Rights Commission gains an enhanced role, with modern slavery designated as a priority area. **Public register (parity).** Both regimes publish statements on a public register. The NZ register is likely to be administered by the Ministry of Business, Innovation and Employment, which already runs the existing voluntary modern slavery framework. For NZ entities that already report under the Australian regime (because they sit inside an AU reporting entity's consolidated group or carry on business in Australia), the practical effect of the NZ Bill is a parallel domestic obligation rather than a new compliance build. Most of the data the AU regime asks for is reusable; the NZ-specific extensions (incidents, complaints, training and consultation) layer on top of the existing programme. ## What NZ employers should do now If your organisation is at or near the NZD 100 million revenue threshold, the work to begin is the underlying due-diligence programme, not the document. The document is an output. The programme is the work. **Confirm scope.** Run the consolidated-revenue test for your group and check whether any owned or controlled entities (offshore subsidiaries, joint ventures) need to be in scope. If your NZ entity is part of an offshore group, check whether the parent is already a reporting entity under the AU, UK, or Canadian regimes; that affects how you coordinate. **Map operations and supply chains.** Forced-labour risk in New Zealand concentrates in agriculture and horticulture (particularly seasonal labour), construction, hospitality, fisheries, and recruitment of migrant workers on temporary visas. Internationally, the risk concentration is well-documented in garments and textiles, electronics, mining, agricultural commodities (cocoa, coffee, palm oil, seafood), and personal protective equipment. A first-pass map should overlay spend, asset locations, and worker numbers against geographies and product categories known to carry elevated risk. **Build a risk assessment.** Look at four overlapping factors: vulnerable populations (migrant workers on tied visas, women and girls in low-wage industries, children, refugees), high-risk business models (sub-contracting, labour hire, piece rates, tied accommodation, recruitment-fee charging), high-risk product categories, and high-risk geographies. Walk Free's Global Slavery Index, the US Department of Labor's List of Goods Produced by Child Labor or Forced Labor, and ILO data are the standard external inputs. **Stand up a worker grievance channel.** The Bill requires reporting on complaints received and on training and consultation with workers in the supply chain. That requirement only works when workers actually have a way to raise concerns. The UN Guiding Principles on Business and Human Rights (Principle 31) sets out the effectiveness criteria for non-judicial grievance mechanisms. In practice, a credible channel is confidential, anonymous, multi-language, reachable by workers without corporate email accounts, and supports two-way messaging so investigators can ask follow-up questions without compromising the reporter's identity. For NZ workers raising concerns about their own employer, the [Protected Disclosures Act 2022](/nz/articles/nz-protected-disclosures-act-2022) provides the legal protection layer. **Train your people.** The Bill requires you to report on training. That training has to be real: managers in procurement, recruitment, and operations need to know what modern slavery looks like in the categories they work with, what the warning signs are (recruitment-fee charging, document retention, tied accommodation, abnormal working hours, restricted movement), and what to do when they encounter them. **Coordinate with AU obligations.** If your group already produces an AU Modern Slavery Statement, your NZ statement can draw on the same underlying programme while addressing the NZ-specific extensions. Decide now whether to produce one combined statement or two separate ones. **Brief the board.** If you are a director of a reporting entity, the personal-liability provision changes how you should engage with this issue. Get the modern slavery programme onto the board agenda regularly, ask informed questions, and document your oversight. **Make a submission.** The Bill is currently before select committee. If your organisation has views on threshold, director liability, supply-chain consultation requirements, or the public register, this is the window to put those views to the committee. Submissions close at 11.59pm on Thursday 28 May 2026. ## How Elker fits in [Elker](/nz) is a speak-up and case management platform used by organisations across Australia and New Zealand. It supports the lifecycle of a confidential concern: secure multi-channel intake with optional anonymity, two-way messaging that preserves anonymity during follow-up, structured investigation workflow, and board-level reporting on themes and outcomes. For NZ entities preparing for the Modern Slavery Bill, Elker provides the operational layer that the Bill's complaints, training, and effectiveness criteria require. The platform supports multi-language intake (English-only channels exclude most workers in international supply chains), regional data hosting in Australia and New Zealand, ISO 27001 certification, and SOC 2 attestation. It is designed to operate within the [Protected Disclosures Act 2022](/nz/articles/nz-protected-disclosures-act-2022) and [Privacy Act 2020](/nz/articles/nz-privacy-act-2020-anonymous-reporting) framework that already governs how NZ employers handle confidential worker information. Elker does not replace the policy work, supply-chain mapping, supplier engagement, or board-level governance that make a modern slavery programme credible. It provides the speak-up and complaints machinery the Bill puts squarely on the page. ## Key takeaways - The Modern Slavery Bill (Bill 242-1) passed its first reading on 29 April 2026 by 112 votes to 11 and is before the Education and Workforce Select Committee. ACT was the only party to vote against. The sponsors are aiming for passage before the 7 November 2026 general election. - The reporting threshold is NZD 100 million in consolidated annual revenue, applied to public and private entities, including overseas entities carrying on business in New Zealand. - A modern slavery statement must address seven content criteria including incidents that have occurred, complaints received, and training and consultation with workers in the supply chain. These are stronger than the Australian Modern Slavery Act 2018 (Cth) equivalents. - Penalties include criminal fines up to NZD 200,000, civil penalties up to NZD 600,000, public naming, and personal liability for directors and senior managers in the circumstances described in the Bill. - The regime is closely modelled on the Australian Act but stronger on penalties, director liability, incidents and complaints reporting, and supply-chain training. - New Zealand entities at or near the threshold should be standing up the underlying programme now (scope confirmation, supply-chain mapping, risk assessment, worker grievance channel, training, board engagement) rather than waiting for the Act to commence. ## Frequently asked questions No. As at 30 April 2026, the Bill (Bill 242-1) has passed its first reading (29 April 2026, 112 votes to 11) and is before the Education and Workforce Select Committee. It still has to clear select committee, second reading, committee of the whole House, and third reading. The sponsors are aiming for Royal Assent before the 7 November 2026 general election but the timetable depends on the committee process and the parliamentary schedule. The Bill provides for commencement six months after Royal Assent. If the Bill receives Royal Assent in late 2026, the first reporting period would start in early 2027 and the first statements would be due in 2028. NZD 100 million in consolidated annual revenue. The threshold applies on a consolidated basis to corporate groups and reaches both NZ-based entities and overseas entities carrying on business in New Zealand. Entities below the threshold can submit voluntary statements. The thresholds are at parity (NZD 100m vs AUD 100m). The NZ Bill has stronger reporting obligations (explicit reporting on realised incidents, complaints, and training and consultation with supply chain workers), introduces civil penalties (up to NZD 600,000) and criminal fines (up to NZD 200,000) from commencement, and creates personal liability for directors and senior managers in defined circumstances. The Australian Act has none of those penalty or liability features as originally enacted. Not as a matter of mandatory compliance under the Bill. The underlying conduct (forced labour, trafficking, exploitation of migrant workers) is criminalised in New Zealand under the Crimes Act 1961 and the Immigration Act 2009 regardless of business size, and the Employment Relations Act 2000 minimum standards apply to every employer. Many smaller NZ businesses publish voluntary modern slavery statements, particularly where they sell to larger reporting entities whose own due diligence reaches into the supply chain. Get the modern slavery programme on the board agenda. The Bill's director liability provision turns on whether a director knew (or could reasonably have known) that an offence was being or was about to be committed and failed to take all reasonable steps to prevent or stop it. Documented board oversight, regular reporting from management, and a clear allocation of responsibility inside the organisation are the practical answers. They sit alongside each other. The Protected Disclosures (Protection of Whistleblowers) Act 2022 protects NZ workers who raise concerns about serious wrongdoing within their own employer, including conduct that constitutes a criminal offence. Modern slavery offences under the Crimes Act 1961 fall within that definition, so a worker raising a modern slavery concern about their employer is already protected. The Modern Slavery Bill adds the public-disclosure-and-due-diligence layer for entities at or above the threshold; it does not replace or modify the Protected Disclosures regime. ## Sources 1. Modern Slavery Bill (Bill 242-1), New Zealand Legislation, Member's Bill introduced 10 February 2026: [legislation.govt.nz](https://www.legislation.govt.nz/bill/member/2026/0242/3.0/LMS1569498.html) (retrieved 30 April 2026) 2. Explanatory note, Modern Slavery Reporting Bill, New Zealand Parliament: [parliament.nz](https://www3.parliament.nz/media/9121/modern-slavery-reporting-bill.pdf) (retrieved 30 April 2026) 3. Crimes Act 1961 (NZ), Part 5 (ss 98 to 98F, slavery and trafficking): [legislation.govt.nz](https://www.legislation.govt.nz/act/public/1961/0043/latest/DLM327382.html) (retrieved 30 April 2026) 4. Immigration Act 2009 (NZ), s 351 (exploitation of unlawful employees and temporary workers): [legislation.govt.nz](https://www.legislation.govt.nz/act/public/2009/0051/latest/DLM1441158.html) (retrieved 30 April 2026) 5. Protected Disclosures (Protection of Whistleblowers) Act 2022 (NZ): [legislation.govt.nz](https://www.legislation.govt.nz/act/public/2022/0020/latest/whole.html) (retrieved 30 April 2026) 6. Ministry of Business, Innovation and Employment, modern slavery and worker exploitation guidance: [mbie.govt.nz](https://www.mbie.govt.nz/business-and-employment/employment-and-skills/plan-of-action-against-forced-labour-people-trafficking-and-slavery/modern-slavery) (retrieved 30 April 2026) 7. Ministry of Foreign Affairs and Trade, combatting modern slavery: [mfat.govt.nz](https://www.mfat.govt.nz/en/trade/nz-trade-policy/combatting-modern-slavery) (retrieved 30 April 2026) 8. Russell McVeagh, "Modern Slavery Bill to bypass the ballot and progress to first reading": [russellmcveagh.com](https://www.russellmcveagh.com/insights-news/modern-slavery-bill-to-bypass-the-ballot-and-progress-to-first-reading/) (retrieved 30 April 2026) 9. MinterEllisonRuddWatts, "One step closer to modern slavery reporting in New Zealand": [minterellison.co.nz](https://www.minterellison.co.nz/insights/one-step-closer-to-modern-slavery-reporting-in-new) (retrieved 30 April 2026) 10. DLA Piper, "Bipartisan deal accelerates new modern slavery regime for New Zealand": [dlapiper.com](https://knowledge.dlapiper.com/dlapiperknowledge/globalemploymentlatestdevelopments/2026/bipartisan-deal-accelerates-new-modern-slavery-regime-for-new-zealand) (retrieved 30 April 2026) 11. Simpson Grierson, "The Modern Slavery Bill - here's what you need to know": [simpsongrierson.com](https://www.simpsongrierson.com/insights-news/legal-updates/the-modern-slavery-bill-here-s-what-you-need-to-know) (retrieved 30 April 2026) 12. Ropes & Gray, "Bipartisan Modern Slavery Reporting Bill Introduced in New Zealand": [ropesgray.com](https://www.ropesgray.com/en/insights/viewpoints/102mikg/bipartisan-modern-slavery-reporting-bill-introduced-in-new-zealand) (retrieved 30 April 2026) 13. Walk Free, "New Zealand introduces historic Bill in first step toward ending modern slavery": [walkfree.org](https://www.walkfree.org/news/2026/new-zealand-introduces-historic-bill-in-first-step-toward-ending-modern-slavery/) (retrieved 30 April 2026) 14. Walk Free, _Global Slavery Index_: [walkfree.org](https://www.walkfree.org/global-slavery-index) (retrieved 30 April 2026) 15. Transparency International NZ, "Addressing exploitation: how the Modern Slavery Bill lifts governance standards in New Zealand": [transparency.org.nz](https://www.transparency.org.nz/blog/addressing-exploitation-how-the-modern-slavery-bill-lifts-governance-standards-in-new-zealand) (retrieved 30 April 2026) 16. Institute of Directors NZ, "Modern slavery legislation arrives: directors come into scope": [iod.org.nz](https://www.iod.org.nz/news/articles/modern-slavery-legislation-arrives-directors-come-into-scope) (retrieved 30 April 2026) 17. RNZ News, "Modern Slavery bill passes first reading under new Parliament rule" (29 April 2026): [rnz.co.nz](https://www.rnz.co.nz/news/political/593743/modern-slavery-bill-passes-first-reading-under-new-parliament-rule) (retrieved 30 April 2026) 18. Scoop News, "Modern Slavery Bill Passes First Reading" (29 April 2026): [scoop.co.nz](https://www.scoop.co.nz/stories/PA2604/S00160/modern-slavery-bill-passes-first-reading.htm) (retrieved 30 April 2026) 19. Modern Slavery Act 2018 (Cth), Australian comparator: [legislation.gov.au](https://www.legislation.gov.au/Details/C2018A00153) (retrieved 30 April 2026) 20. International Labour Organization, IOM and Walk Free, _Global Estimates of Modern Slavery: Forced Labour and Forced Marriage_ (September 2022): [ilo.org](https://www.ilo.org/publications/global-estimates-modern-slavery-forced-labour-and-forced-marriage-executive) (retrieved 30 April 2026) 21. United Nations Guiding Principles on Business and Human Rights: [ohchr.org](https://www.ohchr.org/en/publications/reference-publications/guiding-principles-business-and-human-rights) (retrieved 30 April 2026) _This article is general information only, not legal advice. Laws change and individual circumstances differ. For advice on your specific circumstances, consult a qualified legal practitioner. See our [Terms of Use](/nz/policies/terms) for the full disclaimer._ ## You might also like --- url: https://elker.com/nz/articles/nz-privacy-act-2020-anonymous-reporting title: "NZ Privacy Act 2020 & Anonymous Reporting | Elker" description: "How the Privacy Act 2020 shapes what NZ employers can collect, hold, and disclose when a worker raises a concern, and why anonymous channels help." locale: en-NZ generated: 2026-07-01T14:05:43.429Z --- Apr 15, 2026 # The NZ Privacy Act 2020 and anonymous reporting: what employers need to know [Compliance](/nz/blog/compliance)[Reporting](/nz/blog/reporting) The Privacy Act 2020 governs how NZ employers collect and handle information about workers, including the information inside a whistleblowing disclosure. Here's how privacy and protected disclosures work together. ![The NZ Privacy Act 2020 and anonymous reporting - what employers need to know](https://media.elker.com/3a94bbc5-ad2f-453c-b602-fa038e406054/nz-privacy-act-2020-anonymous-reporting-article.png?width=992) ByElker Editorial TeamReviewed byJack MurrayUpdated28 April 2026 New Zealand's Privacy Act 2020 came into force on 1 December 2020 (s 2(2)) and replaced the Privacy Act 1993. It modernised NZ's privacy regime and introduced new obligations that matter for every employer, and especially for organisations that run whistleblowing or speak-up channels. A disclosure almost always contains personal information about the discloser, the subject of the disclosure, witnesses, and sometimes people who are only tangentially involved. All of that information is governed by the Privacy Act, and how you handle it determines whether you're a trustworthy receiver of disclosures or a liability. This article is a practical overview for NZ employers. It covers the Information Privacy Principles (IPPs) that apply to a disclosure, the mandatory breach notification scheme, the Privacy Commissioner's role, and why well-designed anonymous reporting channels usually make privacy compliance easier rather than harder. ## TL;DR - The Privacy Act 2020 applies to every NZ organisation that collects personal information, including through a whistleblowing or speak-up channel. - The 13 Information Privacy Principles (IPPs) govern how information is collected, stored, used, and disclosed. IPP 1-4 cover collection, IPP 5 covers storage and security, IPP 6 covers subject access, IPP 9 limits retention, IPP 10-12 cover use and disclosure. - Organisations must notify the Office of the Privacy Commissioner (OPC) and affected individuals of any notifiable privacy breach as soon as practicable. - The Privacy Act and the Protected Disclosures Act 2022 work together. Confidentiality for disclosers is required under both regimes, and an organisation can't use a privacy obligation as an excuse to deny its protected disclosures duties. - Anonymous reporting channels reduce privacy risk because less personal information is collected in the first place, but organisations still need to handle witness and subject information carefully. ## Why a disclosure is a privacy matter It's tempting to think of a whistleblowing disclosure as a "complaint" or "case" rather than as data. The Privacy Act doesn't make that distinction. The moment a worker tells you something that identifies a person (the discloser themselves, the manager they're accusing, a witness they name, a client who was allegedly harmed) you've collected "personal information" within the meaning of the Act. That information triggers the full set of privacy duties: how it's stored, how long you keep it, who you share it with, and what the subjects can ask you about it. That matters because disclosure handling is one of the privacy-riskiest activities an organisation does. Disclosures routinely involve sensitive allegations about real people, often before any of those allegations have been tested. A sloppy process (emails forwarded to the wrong person, notes left on a shared drive, a name mentioned in a meeting that shouldn't have known) creates privacy breaches that are separately actionable from the underlying misconduct. ## The Information Privacy Principles that matter most The Privacy Act 2020 is built around 13 Information Privacy Principles (IPPs), set out in section 22. Six of them are directly relevant when you're handling a disclosure. ### IPP 1-4: Collection You can only collect personal information for a lawful purpose connected to your organisation's functions and activities, and only to the extent necessary for that purpose. You must usually collect it directly from the person concerned, and you must tell them what you're collecting, why, who will see it, and what their rights are. In a disclosure context this means: when a worker uses your speak-up channel, your channel should clearly tell them what information is being collected, why, who will receive it, how it will be handled, and what the worker's rights are under the Act. A channel that opens with an anonymous text box and no privacy statement is under-compliant. ### IPP 5: Storage and security Personal information must be protected by reasonable security safeguards against loss, unauthorised access, use, modification, or disclosure. For a disclosure system, that means access controls, encryption in transit and at rest, audit trails, and clear rules about who sees what. A disclosure stored in a shared email inbox with no access controls is almost certainly non-compliant with IPP 5. ### IPP 10-12: Use and disclosure You can only use personal information for the purpose it was collected for (IPP 10), and you can only disclose it to third parties in narrowly defined circumstances (IPP 11). IPP 12 imposes additional safeguards when personal information is disclosed to a foreign person or entity outside New Zealand, which matters if your case management system or external advisors are based offshore. For disclosures, this means the information a discloser gives you for the purpose of reporting misconduct cannot be repurposed (for example, used in unrelated HR processes, leaked to the subject's supervisor outside the investigation, or disclosed to colleagues for gossip value). Breach of IPP 10, 11, or 12 is one of the most common privacy complaints against employers. ## Mandatory breach notification The Privacy Act 2020 introduced a mandatory breach notification scheme (Part 6, ss 112-118). If it is reasonable to believe a privacy breach has caused, or is likely to cause, serious harm to an affected individual, the organisation must notify the Office of the Privacy Commissioner under s 114 and the affected individuals under s 115, as soon as practicable. Where individual notification is not reasonably practicable, public notice may be given instead (s 115(2)). For whistleblowing systems, the most common notifiable breaches are: - A disclosure file being emailed, saved, or shared with someone who should not have access - A discloser's identity being leaked, especially if the discloser had requested anonymity - A system breach that exposes disclosure records to an attacker - Disclosure records being retained after the legitimate purpose has ended, and then accessed by new staff who should not see them Notifications have to happen "as soon as practicable" after the organisation becomes aware of the breach. Delay is itself a compounding factor. The OPC has publicly indicated that late notification is treated more seriously than the original breach in some cases. ## How the Privacy Act and the Protected Disclosures Act fit together The two Acts work in the same direction. The Protected Disclosures (Protection of Whistleblowers) Act 2022 requires organisations to use their best endeavours to protect a discloser's identity. The Privacy Act 2020 imposes overlapping and in some ways stricter obligations on any personal information the organisation holds about the discloser. An organisation can't use a privacy obligation as an excuse to refuse to investigate a protected disclosure. For instance, saying "we can't tell you about the subject because of the Privacy Act" when a discloser asks for an update is not a legitimate use of the Act. Where the two regimes do come apart is when the subject of a disclosure makes a privacy request. The Privacy Act gives individuals a right to request access to personal information an organisation holds about them. That access right is constrained. There are grounds on which an organisation can withhold information, including where disclosure would reveal a confidential source. But it remains a live risk area. Organisations running whistleblowing systems need a policy for handling subject-access requests that preserves the discloser's identity wherever legally possible. ## Why anonymous reporting usually makes privacy compliance easier There's a common misconception that anonymous reporting is a privacy problem. Usually it's the opposite. When a channel collects the minimum personal information needed (no name, no contact details, no device identifiers) there is less information to secure, less to store, less to notify on in the event of a breach, and less to hand over in a subject-access request. Data minimisation is the first principle of modern privacy engineering, and an anonymous-by-default reporting channel is a clean implementation of it. This doesn't mean anonymous channels are frictionless. You still collect information about the subject of the disclosure, any witnesses named, and the content of the allegation itself. All of that is personal information. You still need strong access controls, audit trails, retention limits, and a breach response process. But you reduce one of the single biggest sources of risk: identifiable discloser data sitting in systems that the discloser would rather not have it in. ## What good looks like A Privacy-Act-aligned speak-up programme generally has these features: 1. **A published privacy statement on the intake page.** Describes what's collected, why, who accesses it, how long it's kept, and what the discloser's rights are. Covers IPP 1-4 explicitly. 2. **Data minimisation by default.** The channel doesn't ask for more information than it needs. Optional fields are clearly marked optional. 3. **Encryption at rest and in transit.** Covers IPP 5. 4. **Role-based access.** Only nominated case handlers can open a disclosure. Every access is logged. 5. **A clear retention and destruction policy.** Disclosures aren't held forever. When the legitimate purpose has ended, records are purged on a defined schedule. 6. **A subject-access request process.** When someone requests information about themselves under IPP 6, there's a documented process that applies the confidential-source exception correctly. 7. **A breach response playbook.** If a breach occurs, the organisation knows who decides if it's notifiable, who notifies the OPC, and who notifies affected individuals. ## How Elker supports compliance Elker is a speak-up and case management platform built so that protecting the people inside a disclosure is foundational. Genuine anonymity is the default where workers want it (no IP logging, no device fingerprints, no unnecessary metadata), and every case moves through role-based access controls, encrypted storage, and full audit trails that align cleanly with the Information Privacy Principles. Elker is ISO 27001 certified and SOC 2 attested, with configurable retention and destruction policies that let organisations implement IPP 9 on their own schedule. Australian owned and operated, Elker serves clients globally across languages and cultures, and handles the operational half of Privacy Act compliance so the policy work can stay where it belongs. ## Key takeaways - Every disclosure is a privacy matter. The moment you receive identifiable information about a discloser, a subject, or a witness, the full Privacy Act 2020 regime applies. - Collection, storage, and use of disclosure data is governed by the Information Privacy Principles. Get IPPs 1-5 and 10-11 right and the rest usually follows. - Notifiable privacy breaches must be reported to the Office of the Privacy Commissioner and affected individuals as soon as practicable. - The Privacy Act 2020 and the Protected Disclosures Act 2022 are complementary, not in tension. Both require confidentiality for disclosers. - Anonymous reporting is usually a privacy-positive design choice because it minimises the personal information an organisation collects about the discloser. ## Frequently asked questions Yes. Any disclosure that contains personal information about an individual (the discloser, the subject of the disclosure, or a witness) is governed by the Privacy Act 2020, in the same way any other collection of personal information is. They can make a subject-access request under IPP 6, but the Privacy Act contains a specific withholding ground that lets organisations protect a confidential source. In practice, well-run disclosure systems use that exception to preserve the discloser's identity. The exception is not automatic. The organisation has to apply it correctly on a case-by-case basis. The Act doesn't prescribe a specific timeframe. IPP 9 requires that personal information not be kept for longer than is required for the purposes it was collected for. For disclosures, that usually means retaining the record until the investigation is closed, the organisation's internal legal retention period has elapsed, and any appeal or complaint process has concluded. After that, records should be purged on a documented schedule. Anonymous intake reduces the personal information you collect about the discloser, which is a privacy-positive design choice. But the Privacy Act still applies to all the other personal information in the disclosure (subjects, witnesses, and content). An anonymous channel does not exempt you from the rest of your privacy duties. You must notify the Office of the Privacy Commissioner and affected individuals as soon as practicable after becoming aware of a privacy breach that has caused, or is likely to cause, serious harm. For whistleblowing systems, the most common triggers are accidental leaks of disclosure records or a discloser's identity being exposed contrary to their request for confidentiality. ## Sources 1. Privacy Act 2020, full text on NZ Legislation: [legislation.govt.nz](https://www.legislation.govt.nz/act/public/2020/31/en/latest/) 2. Office of the Privacy Commissioner: Information Privacy Principles guidance ([privacy.org.nz](https://www.privacy.org.nz)) 3. Office of the Privacy Commissioner: Notifiable Privacy Breaches guidance and self-assessment tool 4. Protected Disclosures (Protection of Whistleblowers) Act 2022, for how confidentiality obligations intersect with privacy obligations _This article is general information only, not legal advice. Laws change and individual circumstances differ. For advice on your specific circumstances, consult a qualified legal practitioner. See our [Terms of Use](/nz/policies/terms) for the full disclaimer._ ## You might also like --- url: https://elker.com/nz/articles/nz-protected-disclosures-act-2022 title: "NZ Protected Disclosures Act 2022: Employer's Guide | Elker" description: "Plain-English guide to NZ's Protected Disclosures Act 2022: what counts as serious wrongdoing, who needs internal procedures, and how to protect workers." locale: en-NZ generated: 2026-07-01T14:05:43.485Z --- Apr 15, 2026 # The NZ Protected Disclosures Act 2022: an employer's guide [Compliance](/nz/blog/compliance)[Reporting](/nz/blog/reporting) Understand the Protected Disclosures (Protection of Whistleblowers) Act 2022. What counts as serious wrongdoing, who must have internal procedures, and how to protect workers who speak up. ![The NZ Protected Disclosures Act 2022 - an employer's guide](https://media.elker.com/bc85149d-38bd-4fa0-9d05-10cc55b59cce/nz-protected-disclosures-act-2022-article.png?width=992) ByElker Editorial TeamReviewed byJack MurrayUpdated28 April 2026 If you run an organisation in New Zealand, the Protected Disclosures (Protection of Whistleblowers) Act 2022 shapes what you have to do when a worker raises a concern about serious wrongdoing. It replaced the Protected Disclosures Act 2000 on 1 July 2022. The 2022 Act broadens the definition of serious wrongdoing, clarifies worker protections, gives every public sector organisation a statutory obligation to maintain internal procedures, and gives workers more room to disclose outside the organisation when internal channels fail. This article is a practical walkthrough for employers. It is not legal advice; consult a qualified practitioner for advice on your specific circumstances. ## TL;DR - The Protected Disclosures (Protection of Whistleblowers) Act 2022 replaced the 2000 Act and applies to both public and private sector organisations in New Zealand. Worker protections apply to every organisation regardless of size. - Every public sector organisation must have **internal procedures** for receiving and dealing with protected disclosures (s 29). The Act imposes no equivalent obligation on private sector organisations, although adopting equivalent procedures is best practice and the only credible way to operationalise the Act's protections. - "Serious wrongdoing" (s 10) includes any offence, any serious risk to public or individual health, public safety, or the environment, any serious risk to the maintenance of law, any unlawful, corrupt, or irregular use of public funds or public resources, and oppressive, unlawfully discriminatory, or grossly negligent conduct (or gross mismanagement) by an employee of, or someone acting on behalf of, a public sector organisation. - Disclosers who make a protected disclosure are legally protected from retaliation (s 21). Retaliation gives the worker a personal grievance under s 103(1)(k) of the Employment Relations Act 2000. - Disclosures can go internally, to an "appropriate authority" listed in or covered by Schedule 2 (such as the Ombudsman or a relevant regulator), or, where the receiver has not acted as required, to a Minister of the Crown (s 14). Ministers and members of Parliament are explicitly excluded from the appropriate-authority list under s 25(1)(e). ## Who the Act applies to The Act applies to every organisation in New Zealand: public sector, private sector, local government, Crown entities, and state-owned enterprises. There is no carve-out for small businesses when it comes to protecting the disclosure itself. A discloser who raises a concern about serious wrongdoing is protected regardless of the size of their employer. What changes is the obligation to have formal internal procedures. Section 29 places that obligation on every **public sector organisation** alone. The Act imposes no equivalent obligation on private sector organisations of any size. Public sector procedures must be published widely and republished at regular intervals (s 29(3)). Private sector organisations are not legally required to maintain formal procedures, but doing so is best practice and the only credible way to operationalise the Act's confidentiality and anti-retaliation duties. The Act uses "discloser" rather than "worker", and the definition (s 8) is deliberately wide. A discloser is any individual who is, or was formerly: - An employee - A homeworker (within the meaning given in s 5 of the Employment Relations Act 2000) - A secondee to the organisation - Engaged or contracted under a contract for services to do work for the organisation - Concerned in the management of the organisation, including a current or former member of the board or governing body - A member of the Armed Forces (in relation to the New Zealand Defence Force) - A volunteer working for the organisation without reward or expectation of reward Trainees and interns qualify if they fit one of the above categories (typically as employees, contractors, or volunteers). A disclosure made by any of these people about the organisation they work (or worked) for qualifies for protection if the other requirements are met. ## What counts as "serious wrongdoing" This is the single most important concept in the Act. Not every workplace grievance counts as a protected disclosure. Only allegations about serious wrongdoing do. Section 10 of the Act says serious wrongdoing **includes** any act, omission, or course of conduct in (or by) any organisation that is one or more of: - An offence - A serious risk to public health, public safety, the health or safety of any individual, or the environment - A serious risk to the maintenance of law, including the prevention, investigation, and detection of offences, or the right to a fair trial - An unlawful, corrupt, or irregular use of public funds or public resources - Oppressive, unlawfully discriminatory, or grossly negligent conduct, or gross mismanagement, done by an employee of a public sector organisation, or by a person performing or purporting to perform a function or duty (or exercising a power) on behalf of a public sector organisation Two things are worth noting. First, the s 10 list uses "includes", so it is inclusive rather than closed; conduct that fits the spirit of a limb may qualify even if not perfectly captured. Second, the "oppressive, discriminatory, or grossly negligent" limb is narrower than it looks: it applies specifically to public sector conduct. The other limbs apply to any organisation, so a private sector worker can blow the whistle on an offence committed by their employer. > If a concern doesn't meet the threshold of serious wrongdoing (for example, an interpersonal grievance, or an allegation of unfairness that doesn't rise to oppression), it isn't a "protected disclosure" under the Act. That doesn't mean the concern should be ignored. A well-run speak-up programme will still handle it through a normal complaints pathway. ## How a disclosure can be made Under the 2022 Act, a worker has three routes for making a protected disclosure. ### 1\. Internally, to their own organisation This is the default. A worker can raise the concern directly with the organisation, typically following whatever internal procedure the employer has published. The Act doesn't require the worker to try the internal route first, but in practice most disclosers start here. ### 2\. To an "appropriate authority" Section 25 defines **appropriate authority**. It includes the head of any public sector organisation, any officer of Parliament, the membership body of a regulated profession with the power to discipline its members, and the persons or bodies listed in the second column of Schedule 2. Schedule 2 maps types of concern to relevant authorities, including: - The Ombudsman (whistleblowing and protected disclosures generally) - The Controller and Auditor-General (use of public funds and resources) - The Commissioner of Police (criminal offences) - The Director of the Serious Fraud Office (serious or complex fraud) - The Inspector-General of Intelligence and Security - The Inspector-General of Defence - The Health and Disability Commissioner (health and disability services) - The Privacy Commissioner (privacy of individuals) - The Independent Police Conduct Authority (police conduct) - WorkSafe New Zealand (work health and safety) - The Financial Markets Authority and Reserve Bank of New Zealand (financial services and conduct) - The Commerce Commission (competition and consumer law) - The Human Rights Commission The discloser gets to choose. They do not need their employer's permission and they do not need to have exhausted internal channels first. Importantly, **Ministers and members of Parliament are explicitly excluded** from the appropriate-authority list under s 25(1)(e). ### 3\. To a Minister of the Crown, or in narrow cases the Speaker Section 14 lets a discloser take a protected disclosure to a Minister where the discloser believes on reasonable grounds that the receiver of the original protected disclosure has not acted as required by s 13, or has not dealt with the matter so as to address the serious wrongdoing. In narrow cases involving an officer of Parliament, the Office of the Clerk, or the Parliamentary Service, the disclosure may instead go to the Speaker of the House. The Act does not list members of Parliament generally as appropriate authorities, and it does not create a direct public or media disclosure pathway. A discloser who goes to the media would need to argue they remain within s 14 or rely on general law. ## Protections for the discloser If a disclosure meets the Act's requirements, the discloser has several overlapping protections: - **Confidentiality (s 17).** Every receiver of a protected disclosure must use their best endeavours to keep confidential information that might identify the discloser. The narrow exceptions are: the discloser consents, or there are reasonable grounds to believe release is essential for an effective investigation, to prevent serious risk to public or individual health or safety or the environment, to comply with natural justice, or for law enforcement. - **Protection from retaliation (s 21).** An employer must not retaliate, or threaten to retaliate, against an employee because the employee intends to make or has made a protected disclosure. Retaliation gives the employee a personal grievance under s 103(1)(k) of the Employment Relations Act 2000, the same statutory pathway used for unjustified dismissal. - **Less-favourable-treatment protection (s 22).** Treating a discloser less favourably than other employees on the basis of the disclosure is also unlawful, even where the conduct does not meet the s 21 retaliation threshold. - **Immunity from civil, criminal, and disciplinary proceedings (s 23).** Neither a discloser who makes a protected disclosure nor a receiver who refers one under s 16 is liable to any civil, criminal, or disciplinary proceeding because of making or referring the disclosure. The immunity overrides any contrary law, contract, internal procedure, oath, or practice. - **No contracting out (s 24).** A confidentiality clause in an employment agreement, or any equivalent contractual mechanism, cannot be enforced in a way that prevents a worker from making a protected disclosure. ## What public sector internal procedures must cover If your organisation is in the public sector, s 29 sets out what your internal procedures must include. The procedures must: 1. Comply with the principles of natural justice 2. Set out a process consistent with s 13 (which prescribes how a receiver should respond to a protected disclosure within 20 working days) 3. Identify who in the organisation a protected disclosure of serious wrongdoing in or by the organisation may be made to 4. In relation to a protected disclosure, include: a reference to the s 21 prohibition on retaliation; a reference to the s 22 prohibition on less-favourable treatment; a description of when disclosures may be referred under s 16; a description of how the organisation will provide practical assistance and advice to disclosers; and a description of how the organisation will meet its s 17 confidentiality duty Section 29(3) also requires the organisation to publish information about the existence of the procedures and adequate information about how to use them widely, and to republish at regular intervals. In practice that means the intranet, the employee handbook, the induction pack, and a visible reminder at moments where speaking up is most likely (incident reviews, performance check-ins, exit interviews). ## Practical steps for employers If you already had a whistleblowing or speak-up policy under the 2000 Act, it probably needs a refresh rather than a rewrite. The practical actions that matter most: - **Update the policy document itself.** Align the language with the 2022 Act's definition of serious wrongdoing, update the list of appropriate authorities, and make sure the confidentiality and retaliation sections reflect the current law. - **Name real people, not just roles.** A policy that says "you can make a disclosure to a manager" is weaker than one that names the Chief People Officer, the Head of Risk, and a board-level protected disclosures officer by role and explains how to reach each. - **Offer a channel that supports anonymity.** The Act protects a discloser's identity, but in practice workers are most likely to speak up when they can choose whether to give their name at all. A dedicated anonymous reporting channel (a secure digital platform, a post box, or a phone line) makes the promise credible. - **Train managers on how to respond.** Most disclosures come through line managers, not formal channels. Managers need to know what to do when someone tells them something that might be a protected disclosure: how to preserve confidentiality, what not to promise, and who to escalate to. - **Commit to a response timeframe.** Section 13 provides statutory guidance that within 20 working days of receiving a protected disclosure, the receiver should acknowledge it, consider whether it warrants investigation, check whether the disclosure has been made elsewhere, and deal with it (by investigating, acting or recommending action, or referring under s 16). Where 20 working days is impracticable, the receiver should inform the discloser of the expected timeframe and provide updates. Section 13(3) makes clear this is guidance only and does not confer a legal right, but in practice it sets the operating standard you will be measured against. - **Review case data annually.** Board-level reporting on volume, themes, and outcomes of disclosures is the single most effective way to catch patterns early and show the workforce that speaking up leads somewhere. ## How Elker supports compliance Elker is a speak-up and case management platform that handles the full lifecycle of a protected disclosure: secure multi-channel intake with optional anonymity, structured investigation workflow, two-way messaging that preserves anonymity during follow-up, and board-level reporting on themes and outcomes. Cybersecurity and access controls follow secure-by-design and privacy-by-design principles, and Elker is ISO 27001 certified and SOC 2 attested. For NZ organisations subject to the Protected Disclosures Act 2022, Elker provides the practical machinery to run a compliant internal procedure and resolve disclosures quickly and fairly. The policy work itself still sits with your legal and people teams. Australian owned and operated, Elker serves clients globally across languages and cultures. ## Key takeaways - The Protected Disclosures (Protection of Whistleblowers) Act 2022 applies to every NZ organisation, not just the public sector. Worker protections operate regardless of organisation size. - The legal obligation to maintain formal internal procedures (s 29) sits on public sector organisations only. Private sector organisations are not required to maintain formal procedures, but doing so is best practice. - "Serious wrongdoing" (s 10) is defined as an inclusive list covering offences, serious risks to public or individual safety, serious risks to the environment or maintenance of law, unlawful or corrupt use of public funds, and (for public sector conduct) oppression, discrimination, gross negligence, or gross mismanagement. - Disclosers can go internally, directly to an appropriate authority listed in or covered by Schedule 2, or, where the original receiver has failed to act, to a Minister under s 14. Ministers and MPs are explicitly excluded as appropriate authorities (s 25(1)(e)). - Retaliation against a protected discloser (s 21) is a personal grievance under s 103(1)(k) of the Employment Relations Act 2000, and contractual confidentiality clauses cannot be used to suppress a valid protected disclosure (s 24). ## Frequently asked questions The worker protections in the Act apply to every organisation regardless of size. The legal obligation to have formal internal procedures applies only to public sector organisations under s 29. Private sector organisations of any size are not legally required to maintain formal procedures, but doing so is best practice and the only credible way to operationalise the Act's confidentiality and anti-retaliation duties. The Act doesn't require organisations to offer fully anonymous reporting, but it does require confidentiality. The receiving organisation must use its best endeavours to protect the discloser's identity. In practice, offering an anonymous channel is the most effective way to make the promise of confidentiality credible to workers. A protected disclosure is about serious wrongdoing by or within the organisation, typically affecting others, the public, or the organisation itself. A personal grievance is about unfair treatment of the worker themselves (such as unjustified dismissal). The same facts can sometimes trigger both. For example, a worker dismissed because they made a protected disclosure has both a protected disclosure and a personal grievance for retaliation. Section 13 of the Act provides statutory guidance that within 20 working days of receiving a protected disclosure, the receiver should acknowledge it, consider whether it warrants investigation, check whether the disclosure has been made elsewhere, and deal with it (by investigating, acting, or referring under s 16). Where 20 working days is impracticable, the receiver should inform the discloser of the expected timeframe and provide updates. Section 13(3) makes clear this is guidance, not a strict legal deadline, but in practice it is the operating standard you will be measured against. Yes. Under the 2022 Act, workers can choose whether to make a disclosure internally or directly to an appropriate authority such as the Ombudsman. They aren't required to exhaust internal channels first. That said, well-designed internal procedures encourage workers to start internally by making the process safe, fast, and transparent. ## Sources 1. Protected Disclosures (Protection of Whistleblowers) Act 2022 (Act 2022 No 20), full text on the New Zealand Legislation website: [legislation.govt.nz](https://www.legislation.govt.nz/act/public/2022/20/en/latest/) 2. Office of the Ombudsman, guidance for organisations on protected disclosures: [ombudsman.parliament.nz](https://www.ombudsman.parliament.nz) 3. Ministry of Justice, background and policy materials on the 2022 reform of the Protected Disclosures Act 4. Employment Relations Act 2000, personal grievance provisions that apply when a worker suffers detriment because of a protected disclosure _This article is general information only, not legal advice. Laws change and individual circumstances differ. For advice on your specific circumstances, consult a qualified legal practitioner. See our [Terms of Use](/nz/policies/terms) for the full disclaimer._ ## You might also like --- url: https://elker.com/nz/articles/person-centred-and-trauma-informed-approach title: "Person-Centred and Trauma-Informed at Work (AU Guide)" description: "What a person-centred and trauma-informed approach actually looks like at work, why both sit inside the AHRC's positive duty under the Sex Discrimination Act, and how Australian employers apply them." locale: en-NZ generated: 2026-07-01T14:05:43.536Z --- Oct 7, 2023 # Person-centred and trauma-informed approaches at work: a guide for Australian employers [Respect@Work](/nz/blog/respect-at-work)[Cultural change](/nz/blog/cultural-change) A person-centred and trauma-informed approach puts the individual's experience at the centre of how a workplace responds to harm. We cover what each term means, why both now sit inside the Sex Discrimination Act positive duty, and how Australian employers apply them. ![What is trauma-informed care?](https://media.elker.com/28e7397f-a8ab-45e1-8f1a-ba5ad4915b6c/trauma-informed-care.jpeg?width=992) ByElker Editorial TeamReviewed byJack MurrayUpdated29 April 2026 **TL;DR** - A person-centred and trauma-informed approach puts the individual's unique experiences, needs, and preferences at the centre of how an organisation responds to unlawful conduct. It recognises that traumatic events shape how people disclose, engage, and recover. - The Australian Human Rights Commission's August 2023 Guidelines for Complying with the Positive Duty set out four guiding principles for employers: consultation, gender equality, intersectionality, and trauma-informed and person-centred care. All four are expected under the Sex Discrimination Act 1984 as amended by the Respect at Work reforms. - Being person-centred means empowerment, respect for timing, tailored responses instead of blanket procedures, prioritising wellbeing, and engaging with individuals directly rather than deciding about them. - Being trauma-informed means understanding that trauma can affect memory and behaviour, recognising cultural context, using active listening and neutral language, and creating safe and confidential environments for disclosure. - In the aged care sector, the Aged Care Act 2024 (Cth), which commenced on 1 November 2025, incorporates related language in section 23 (Statement of Rights), requiring services to be "trauma-aware and healing-informed," a phrasing that sits alongside the broader person-centred and trauma-informed practice described in this article. If you're familiar with the Respect at Work Bill, you've probably come across the terms "trauma-informed" and "person-centred". These terms describe the approach to supporting individuals impacted by [unlawful conduct](/nz/articles/dealing-with-workplace-misconduct). As we work on improving compliance and [safety in our workplaces](/nz/articles/psychologically-safe-workplace), we must understand these terms and put into practice the concepts learned. This knowledge ensures the [respect and care](/nz/articles/respect-in-the-workplace) that people deserve when dealing with sensitive incidents. ## **Legislative reforms** In August 2023, the Australian Human Rights Commission (AHRC) [released clear guidelines](https://humanrights.gov.au/__data/assets/file/0030/46974/Guidelines-for-Complying-with-the-Positive-Duty-2023.pdf) for compliance with the updated Sex Discrimination Act 1984 (Cth). These [guidelines detail seven standards](/articles/7-standards-positive-duty-sex-discrimination-act) all Australian workplaces must follow to ensure they align with the legislative amendments. The aim is straightforward: eliminate all forms of [discrimination](/articles/discrimination-in-the-workplace) and harassment on the ground of sex in the workplace. Businesses and organisations in Australia understand that hostile work environments can hinder their talent acquisition and retention, decrease efficiency, and expose them to substantial legal and reputational challenges. Such an environment can deter potential customers and investors, impacting their reputation and financial health. ## **Understanding the positive duty requirements** All employers are responsible for fostering a safe working environment, regardless of an individual's gender, sexual preference, race, disability or [protected status](/articles/employment-discrimination-law). Positive duty was a key amendment introduced in the Respect at Work legislation that mandates employers to be _proactive_ in [eliminating workplace sexual harassment](/articles/5-risk-factors-for-sexual-harassment-in-the-workplace) and sex-based discrimination. Businesses, universities and organisations [can no longer be complacent in their duties](/articles/what-the-respect-at-work-bill-means-for-your-business) towards protecting individuals. They can no longer simply _react_ to reports of unlawful conduct. The law now states that they must take all reasonable and proportionate measures to eliminate unlawful conduct from the workplace. ## The four guiding principles Meeting positive duty compliance is one thing. How workplaces interpret, understand and guide the policies and training around their compliance is a different challenge. The _quality_ of understanding, support and care we provide to one another in the workplace can make a difference to the mental health of our colleagues and members. The mental wellbeing of employees is particularly foundational to a safe and positive working environment. Human resources and company leaders will use these principles to improve employee retention and satisfaction. As such, the AHRC recommends four guiding principles for the effective implementation of the positive duty standards: ### **Consultation** Engage in meaningful dialogue with workers. Understanding their needs and concerns. Discuss workplace risks and strategies for eliminating unlawful conduct. Assess what current policies, wellness or [mental health care services you provide for employees](/nz/articles/mentally-healthy-workplace) and ask whether these benefits meet the needs of workers. And finally, as you implement policy and steps toward your positive duty, communicate and involve employees. ### **Gender equality** Through policies, leadership and practice, you must commit to ensuring equal rights, rewards, opportunities, and resources for individuals of all genders. Leadership should reinforce the collective goal of achieving comprehensive gender equality. This principle does not mean a cynical "box ticking" of compliance. It means a serious commitment to cultural change through diversity in the recruitment process, reviewing your organisation's gender pay gap, and fostering inclusion strategies. ### **Intersectionality** When guiding policy and practice, the multifaceted aspects of an individual's identity should be recognised. Intersectionality refers to the interconnected nature of economic class, race, culture, religion, age, disabilities, gender, and lived experiences. These aspects interact and affect each other, compounding both privileges and oppressions. These differences shape the individual's response to trauma, comfort levels in reporting incidents and, ultimately, the dynamics of a workplace. ### **Trauma-informed and person-centred care** A trauma-informed and person-centred approach puts individuals' needs, values and preferences at its core. It prioritises an individual's safety, choices and empowerment and acknowledges the profound impact of trauma in the response to unlawful conduct. This guiding principle is arguably the most complex, as it determines the quality and effectiveness of trauma-informed care. We will further analyse this principle, showing how to apply these approaches to the AHRC's positive duty guidelines. ![Person-centred approach to supporting your workforce](https://media.elker.com/a562a57a-cde3-41c1-90b0-ccbc7024a8d0/person-centred-approach.png?width=992) ## What does being person-centred mean? A person-centred approach focuses on the individual's unique experiences, needs, and preferences rather than solely relying on established systems or practices. This approach diverges from traditional service or system-based approaches, which have historically been the norm, especially in the context of addressing issues such as sexual harassment. ### **Key aspects of a person-centred approach**: - **Empowerment**: The affected individual plays a pivotal role in deciding how to report an issue and is included in decision-making about how to address it. While their wishes and interests are paramount, it doesn't necessarily mean they singularly determine an organisation's response. The organisation must balance this with their duty of care to others. - **Respect for timing**: Recognising that individuals may need time to process incidents and should feel free to share their experiences when they're ready. Imposing stringent time limitations on reporting can dissuade individuals from coming forward. - **Tailored responses over blanket solutions**: Traditional methods might lean towards broad solutions designed to fit organisational structures. In contrast, person-centred care seeks solutions best suited for the individual affected, considering their specific context and needs. - **Prioritising wellbeing**: An approach that emphasises the wellbeing of individuals fosters greater trust and engagement. It also facilitates the recovery process for all parties involved, leading to more victims coming forward and improved chances for a satisfactory resolution. - **Distinguishing between system and individual**: To illustrate the difference: - Engage in conversations with the individual rather than discussing them without their involvement. - Prioritise listening over merely directing or instructing. - Collaborate in planning with the individual instead of imposing plans upon them. - Understand and respect their unique context instead of applying broad organisational interpretations. - Respect every individual's position in the organisation, disregarding hierarchical differences. ## What is trauma-informed care? Trauma refers to an individual's emotional, psychological, and sometimes physical response to events or situations that are deeply distressing or disturbing. These events can vary from personal experiences like domestic violence, accidents, or personal losses to work-related incidents such as [bullying](/nz/articles/understanding-and-preventing-workplace-bullying), harassment, or [serious misconduct](/nz/articles/serious-misconduct). It's pivotal to recognise that while many individuals may encounter distressing events, not all will develop trauma. The development and manifestation of trauma are influenced by an individual's resilience, previous experiences, support system, and coping mechanisms. Given the estimates that a significant proportion of the population experiences trauma, with its potential long-lasting and profound impacts, organisations must adopt a trauma-informed approach. This approach is characterised by: - **Traumatic experiences can be overwhelming.** While many who experience trauma share specific reactions, every individual and their experience is unique. - **Trauma can affect memory.** The brain's response during traumatic events may affect how those events are recorded and recalled, making recounting specific details challenging. - **Cultural context matters.** The individual's identity, which includes aspects like age, ethnic background, sex, disability, migration status, and more, influences how they perceive and recover from traumatic events. - **Respect is key.** Being trauma-informed means approaching every individual with the utmost respect for their unique experiences, and understanding that their cultural and personal backgrounds play a role in how they deal with trauma. When it comes to practical application, especially in sensitive situations like interviews, a trauma-informed approach involves: - **Transparency:** Clearly explaining roles, processes, and the importance of confidentiality. - **Prioritising control and choice:** Letting the individual have control over aspects like the interview location, ensuring they know they can pause or stop the process anytime. - **Active listening:** Minimising interruptions, allowing the individual to lead the conversation, and maintaining a good rapport. - **Neutral language:** Using non-directive questions that encourage sharing without challenging the individual's recollection. - **Safety and comfort:** Creating a secure and private environment for the discussion, keeping the participant's wellbeing in mind. Adopting a trauma-informed approach is not just about understanding trauma but integrating that understanding into practices and policies to ensure an empathetic, respectful, and effective response to those who have experienced trauma. ![Positive duty: developing a person-centred and trauma-informed approach to the guidelines](https://media.elker.com/aa3f899e-3035-404a-9738-07f5bc1311a4/person-centred-trauma-informed-approach.png?width=992) ## **Tackling the 7 positive duty guidelines with a person-led and trauma-informed approach** ### **1\. Leadership** Through the lens of trauma-informed and person-centred care, leadership should exemplify genuine empathy and active listening. Leaders must ensure their teams feel valued and understood, especially when disclosing incidents. Practically, this requires leaders to undergo trauma-informed training to ensure competent handling of incidents and be proactive in setting a respectful and safe tone for discussions and reporting. ### **2\. Culture** An organisational culture that embraces trauma-informed and person-led principles fosters inclusivity. Embracing diversity and intersectionality ensures that all workers feel recognised and protected regardless of background. Practical measures include [conducting a culture audit](/nz/articles/culture-audit-guide), regular diversity, equity, and inclusion training, and promoting open dialogue and mutual respect. [Bystander training](/nz/articles/bystander-effect-in-the-workplace) can ensure that workers feel comfortable acting in the prevention of sexual harassment and violence in the workplace.  Your organisation, whether remote or hybrid, may face challenges like [virtual harassment](/nz/articles/combating-virtual-harassment-in-remote-work) that are less visible. Regular employee check-ins are vital. Use surveys and corporate wellness tools to gauge satisfaction and identify issues early. ### **3\. Knowledge** Knowledge acquisition in this context refers to comprehending the nuanced effects of trauma and how to support affected workers. Recognising the impact of trauma and maintaining confidentiality is paramount. On a practical level, this means continuous staff education on trauma-informed care principles and clear guidelines on maintaining discretion. ### **4\. Risk management** Mitigating potential hazards in the workplace requires understanding and anticipating the needs of those who have experienced trauma. Respecting and supporting the choices and decisions of workers is vital. This may translate into providing flexible work and leave options for those needing time to recover or cope. ### **5\. Support** Support goes beyond addressing the immediate needs; it encompasses long-term mental and emotional well-being. Offering access to mental health services and ensuring a secure and respectful environment for reporting incidents are key. Employers should also provide guidance on available resources, both within and outside the organisation. ### **6\. Reporting and response** Reporting mechanisms must be transparent and accessible. Guaranteeing that reports are treated with utmost seriousness is paramount. Workers should be [empowered to speak up](/articles/speak-up-culture) without fear of retribution. The policies and channels should include clear channels for escalation, periodic updates, and support resources available throughout the journey. Adopting an anonymous reporting system, such as Elker, can be a [practical solution to tackling this standard](/nz/articles/anonymous-reporting-advantages-disadvantages). ### **7\. Monitoring, evaluation, and transparency** Ongoing assessment ensures that systems in place are effective and address workers' needs adequately. This requires transparency in the reporting process and regular [feedback with employees](/nz/articles/anonymous-employee-feedback). Surveys, focus groups, and open forums can be utilised to get feedback from workers on the efficacy of implemented measures. Many [anonymous reporting tools](/nz/articles/whistleblowing-software) offer pulse surveys and real-time analytics for the monitoring and early detection of workplace issues. ## Conclusion Understanding and implementing a trauma-informed and person-centred approach is more than just adhering to compliance; it's a commitment to reshaping the workplace culture to one of empathy, respect, and genuine support. In navigating the mandates set by the AHRC, organisations are offered an opportunity not just to avoid penalties but to enrich the lives and well-being of their workforce. The steps taken to understand trauma and prioritise the individual's needs echo far beyond policy documents and become the foundation of a thriving, inclusive, and harmonious work environment. As Australia continues to evolve in its understanding and approach to workplace harassment and [discrimination](/articles/protected-attributes), it's the duty of every organisation to evolve and foster an environment where every individual feels safe, valued, and heard. ### Key takeaways - The AHRC's four guiding principles (consultation, gender equality, intersectionality, trauma-informed and person-centred care) apply to every Australian workplace subject to the positive duty under the Sex Discrimination Act 1984. - Intersectionality matters in practice. An individual's identity, age, ethnicity, sex, disability, migration status, class, shapes how they experience trauma and how safely they can report. Policy responses that ignore intersectionality miss the people most at risk. - Person-centred care means engaging with the individual, not deciding about them. That includes collaborating on the plan, respecting the individual's choice about timing and participation, and tailoring responses to specific circumstances. - Trauma-informed interviews prioritise transparency, control, active listening, neutral language, and a private and secure environment. Memory gaps and flat affect should be understood as trauma responses, not evidence of dishonesty. - Anonymous reporting tools align naturally with both approaches because they give the discloser control over identification and pacing, and they enable two-way communication without forcing the worker to choose between safety and follow-up. ## Frequently asked questions A person-centred approach focuses on the individual's unique experiences, needs, and preferences instead of defaulting to organisation-wide procedures. A trauma-informed approach integrates an understanding of trauma into every interaction, recognising that traumatic experiences affect memory, disclosure, and engagement. Together, the two approaches ensure that responses to unlawful conduct prioritise safety, choice, empowerment, and wellbeing, rather than purely administrative efficiency. The Australian Human Rights Commission released its Guidelines for Complying with the Positive Duty in August 2023, following the Respect at Work reforms to the Sex Discrimination Act 1984. The Guidelines identify four guiding principles for compliance, and trauma-informed and person-centred care is one of them. The reasoning is practical: traditional procedural responses to sexual harassment and sex-based discrimination often discouraged reporting and caused secondary harm. Person-centred and trauma-informed practice produces better outcomes for the individuals affected and for the organisations investigating. In practice, it means being transparent about the process and the role of each party, offering control over interview location and pacing, listening actively without interruption, using non-directive questions, and creating a safe and private environment. It also means recognising that trauma affects memory, so gaps or inconsistencies should not automatically be treated as credibility issues. [Serious misconduct](/nz/articles/serious-misconduct) investigations in particular benefit from this approach because the people affected are often dealing with the immediate effects of the conduct itself. The Aged Care Act 2024 (Cth), which commenced on 1 November 2025, uses the phrase "trauma-aware and healing-informed" in section 23 (Statement of Rights). This creates an obligation on registered aged care providers to deliver services that recognise and respond to trauma. The broader principles described in this article, safety, choice, empowerment, cultural context, apply across aged care, disability, education, and healthcare, and were central to the recommendations of the Royal Commission into Aged Care Quality and Safety. They fit naturally. Anonymous reporting gives the discloser full control over identification, pacing, and how much of their story they share, which are core trauma-informed principles. It also reduces the barrier to reporting for individuals who fear [retaliation or victimisation](/nz/articles/what-is-unlawful-victimisation-in-the-workplace), which is especially important in cases of [sexual harassment](/articles/5-risk-factors-for-sexual-harassment-in-the-workplace) and [bullying](/nz/articles/understanding-and-preventing-workplace-bullying). Modern platforms enable two-way anonymous communication so the organisation can respond and support without forcing the individual to identify themselves. ### Sources 1. Australian Human Rights Commission, Guidelines for Complying with the Positive Duty (August 2023) 2. Sex Discrimination Act 1984 (Cth), as amended by the Respect at Work reforms 3. Royal Commission into Aged Care Quality and Safety, Final Report (2021) 4. Aged Care Act 2024 (Cth), section 23 (Statement of Rights), commenced 1 November 2025 5. Blue Knot Foundation, Practice Guidelines for Identifying and Responding to Complex Trauma 6. For NZ variant: Whanaketia, Report of the Royal Commission of Inquiry into Abuse in Care (2024) _This article is general information only, not legal advice. Laws change and individual circumstances differ. For advice on your specific circumstances, consult a qualified legal practitioner. See our [Terms of Use](/nz/policies/terms) for the full disclaimer._ --- url: https://elker.com/nz/articles/psychologically-safe-workplace title: "Creating a Psychologically Safe Workplace - Elker" description: "A healthy work environment is important for organisational success. But what does it take to create a psychologically safe workplace?" locale: en-NZ generated: 2026-07-01T14:05:43.584Z --- Aug 15, 2024 # Creating a Psychologically Safe Workplace: Strategies for Success A healthy work environment is important for employee wellbeing and organisational success. But what does it take to create a psychologically safe workplace where employees feel comfortable taking risks, sharing ideas, and speaking up without fear of repercussions? ![Creating a psychologically safe workplace: Strategies for success](https://media.elker.com/423d39f5-b6b8-46be-a957-e83fcc1c84d8/psychologically_safe_workplace_1.png?width=992) ByElker Editorial TeamReviewed byJack MurrayUpdated22 April 2026 **TL;DR** - Psychological safety, a term coined by Harvard professor Amy Edmondson, is the shared belief that you can speak up, take risks, and be vulnerable at work without fear of embarrassment or punishment. Google's Project Aristotle (180 teams, three years) found it was the single most important factor in team effectiveness. - The article describes six strategies for creating psychological safety: address all safety concerns immediately, transform company culture, encourage risk-taking and learning, foster open communication and feedback, prioritise inclusion and diversity, and support mental health. - Dr Timothy Clark's four-component model (inclusion safety, learner safety, contributor safety, challenger safety) is the most practical operational framework for assessing where a team currently sits. - In New Zealand, WorkSafe NZ's April 2019 psychosocial hazards report sets out the regulator's expectations. In Australia, the equivalent framework is the Safe Work Australia Model Code of Practice on psychosocial hazards plus state WHS Acts. - Anonymous reporting and whistleblowing tools are structural enablers of psychological safety: they give workers a confidential way to raise sensitive issues and produce aggregated data that reveals cultural patterns management cannot otherwise see. ## **What is psychological safety?** Psychological safety is the shared belief that you can speak up, take risks, and be vulnerable without fear of embarrassment or punishment. It's the foundation of a workplace where employees feel accepted, respected, and free to be themselves. When employees feel psychologically safe, they're more likely to: - Share their ideas and opinions - Ask questions and seek feedback - Admit mistakes and learn from them - Take risks and innovate According to Harvard Business School professor Amy Edmondson, who coined the term, psychological safety is "a sense of confidence that the team will not embarrass, reject or punish someone for speaking up". This confidence is crucial for fostering open communication, creativity, and innovation in the workplace. Google's Project Aristotle, a study of 180 teams over three years, found that psychological safety was the most important factor in team effectiveness. Teams with high levels of psychological safety performed better, were more innovative and had higher employee engagement and job satisfaction. ## The benefits of a psychologically safe workplace So how can you tell if your workplace is psychologically safe? Start by asking yourself these questions: - Do employees feel comfortable speaking up and sharing ideas, even if they differ from the majority opinion? - Are mistakes seen as learning opportunities, or are they punished? - Do employees trust each other and feel respected by their colleagues? - Is there a culture of open communication and feedback? If you answered no to any of these questions, it may be time to take a closer look at your workplace culture and identify areas for improvement. You can also assess psychological safety through anonymous surveys, employee observations, and regular check-ins with team members. These methods can help you gauge the level of psychological safety in your workplace and identify any issues that need to be addressed. ![Creating a psychologically safe workplace: 6 strategies infographic](https://media.elker.com/2f787b58-d362-4b7f-9fc3-b0d723059401/psychologically_safe_workplace_2.png?width=992) ## Creating psychological safety at work Creating a psychologically safe workplace takes commitment from everyone, especially leaders. Here are some key strategies for building psychological safety in your team: ### 1\. Address all safety concerns immediately Psychological safety starts with physical safety. This means assessing the inherent risks in your organisation that could influence the mental health of your employees. Some organisations have challenging risk profiles that include interfacing with the public, isolation, night shifts, difficult or stressful tasks, and handling dangerous goods or heavy machinery. To increase safety in the workplace: - Assess incident reports to improve security and emergency protocols - Listen to the needs and concerns of workers - Address any instances of bias, discrimination, or [harassment](/articles/5-risk-factors-for-sexual-harassment-in-the-workplace) immediately ### 2\. Transform your company culture - Avoid perfectionism: This may sound counterintuitive, but research shows perfectionists are more distrusting, overreact to mistakes, and micromanage others - Celebrate individual and team successes - Provide support and resources for team members to do their best work - Address conflicts and issues in a timely and trauma-informed way - Use [pulse surveys](/nz/articles/culture-audit-guide) to assess your company culture ### 3\. Encourage risk-taking and learning Innovation and growth require taking risks and learning from failures. To encourage risk-taking and learning in your team, you should: - Frame failures as learning opportunities and encourage team members to share their lessons learned - Provide opportunities for professional development and skill-building - Celebrate successes and milestones, no matter how small ### 4\. Foster open communication and feedback Open communication and feedback are essential for building psychological safety. You should: - Encourage team members to voice their opinions and contribute ideas, even if they challenge the prevailing viewpoint - Provide regular opportunities for feedback, both positive and constructive - Implement whistleblowing tools and anonymous surveys to understand your employees ### 5\. Prioritise inclusion and diversity To prioritise inclusion and diversity in your team, you should: - Create a welcoming and inclusive environment for people from all backgrounds - Provide equal opportunities for growth and advancement - Encourage team members to share their unique perspectives and experiences ### 6\. Support mental health in the workplace To support mental health in your workplace, you can: - Offer mental health support and resources, such as counselling services through employee assistance programs and days off for mental health and well-being - Encourage open communication about mental health and reduce the stigma around seeking help - Create a culture of self-care and work-life balance - Provide training for managers on how to support team members' mental health By prioritising mental health in your workplace, you can create a more supportive and psychologically safe environment for all employees. ![Creating a psychologically safe workplace: anonymous reporting tools for employees](https://media.elker.com/b3c8f0df-a8c2-422e-8884-c6ed3cb73212/psychologically_safe_workplace_3.png?width=992) ## The role of anonymous reporting and whistleblowing tools in the workplace Anonymous reporting and [whistleblowing](/nz/articles/what-is-whistleblowing) tools play a crucial role in creating a psychologically safe workplace. These tools empower employees to speak up about workplace issues like discrimination, harassment, bullying, and fraud without fear of retaliation. One of the main advantages of anonymous reporting is that it allows employees to raise concerns confidentially. This is particularly important for sensitive issues that employees may be hesitant to report through formal channels. By providing a safe and secure way to report [misconduct](/nz/articles/dealing-with-workplace-misconduct), anonymous reporting tools can help organisations identify and address problems before they escalate into more serious issues. Anonymous reporting and whistleblowing tools can provide valuable insights into the overall health and well-being of an organisation. By analysing the types of reports received and identifying patterns or trends, organisations can proactively address issues related to workplace culture, employee engagement, and psychological safety. This data-driven approach can help organisations make informed decisions and prioritise initiatives that promote a positive and supportive work environment. ## Regulations on psychosocial health in New Zealand In New Zealand, the management of psychosocial health in the workplace is a key focus of WorkSafe New Zealand, as outlined in their April 2019 report, "Psychosocial hazards in work environments and effective approaches for managing them." This report underscores the importance of defining, identifying, and addressing psychosocial health risks to reduce harm to New Zealand's workers. Psychosocial hazards are identified as aspects of work design, job demands, and workplace interactions that can negatively affect employees' mental health, emotional well-being, and overall psychological functioning. These hazards can lead to stress and diminish an individual's capacity to cope, potentially resulting in both psychological and physical harm. WorkSafe New Zealand's research highlights various psychosocial stressors prevalent in the workplace, including factors related to job characteristics, the nature of work, and the social and organisational context. These stressors can interact with individual risk factors to impact worker mental health. WorkSafe New Zealand's guidance emphasises the need for employers to take steps to create a psychologically healthy and safe work environment. This involves understanding and addressing the various psychosocial hazards present in their specific workplaces. To ensure a psychologically safe environment, New Zealand employers are expected to implement effective approaches for managing psychosocial hazards. WorkSafe's research aims to inform action, indicator development, and risk management strategies in this area. By focusing on these proactive measures, New Zealand workplaces can work towards reducing psychosocial harm and promoting the well-being of their employees. ## How Elker can help At Elker, we understand the importance of creating a psychologically safe workplace. Our anonymous reporting platform empowers employees to speak up about workplace issues like discrimination, harassment, bullying, and fraud, without fear of negative consequences. Our tools for early detection of workplace issues, including end-to-end encryption, live chat, customisable reporting pathways, and comprehensive case management, provide employees with a safe and secure way to raise concerns. Our real-time analytics help organisations gain insights into workplace trends and highlight areas needing intervention, while our customisable workflows adapt to the needs of each company. By partnering with Elker, organisations can take a proactive approach to creating a psychologically safe workplace, where employees feel supported, valued, and empowered to speak up and drive positive change. [Book a demo today](/nz/book-demo) and see how Elker can transform your organisation, fostering innovation, creativity, and employee wellbeing. ### Key takeaways - Psychological safety is a team-level property built by manager behaviour in small, repeated interactions, not by policy documents or one-off training. - Physical safety is a prerequisite, not a parallel concern. Workers who feel physically unsafe (public-facing work, night shift, isolation, hazardous materials) cannot achieve psychological safety until those risks are addressed. - Perfectionism in leaders is a measurable barrier. Research shows perfectionist managers are more distrusting, overreact to mistakes, and micromanage, all of which suppress speak-up. - Anonymous surveys and pulse data are the most reliable way to assess the current state, because workers systematically under-report problems through named channels. - Anonymous reporting channels act as a safety net underneath the cultural work, capturing concerns too sensitive for direct disclosure and revealing organisational patterns in aggregate. ## Frequently asked questions Psychological safety at the workplace refers to the belief that one can speak up with ideas, questions, concerns, or mistakes without fear of punishment, rejection, or embarrassment. It is a shared belief that the team is safe for interpersonal risk-taking. In a workplace with high psychological safety, employees feel comfortable being themselves, sharing their thoughts and feelings, and taking risks, trusting that colleagues and leaders will respond with empathy rather than blame. It is essential for fostering innovation, creativity, and continuous improvement at work. Dr Timothy Clark identifies four stages: inclusion safety (feeling accepted as a valued team member), learner safety (feeling safe to ask questions and make mistakes), contributor safety (feeling safe to contribute ideas and feedback), and challenger safety (feeling safe to challenge the status quo). Teams typically have to establish the earlier stages before the later ones become possible. Psychological safety is about interpersonal risk-taking: being able to speak up, admit mistakes, and disagree without fear. A [psychologically healthy (or mentally healthy) workplace](/nz/articles/mentally-healthy-workplace) is broader, and also covers workload, job design, flexible arrangements, mental health support, and a culture free from stigma and discrimination. Safety is one essential pillar of health. Establish trust by being transparent, following through on commitments, and treating team members with respect. Encourage open communication so people feel safe to share ideas, ask questions, and give feedback without fear. Promote inclusion and diversity and address any discrimination or bias. Support employee wellbeing through mental health resources, EAP access, and work-life balance. Lead by example by admitting mistakes, showing vulnerability, and actively seeking feedback. Applied consistently over time, these steps build a supportive and collaborative work environment. Anonymous staff surveys, employee observations, and regular check-ins with team members are the standard methods. Questions should probe whether employees feel comfortable sharing ideas that differ from the majority view, whether mistakes are treated as learning opportunities, and whether there is a culture of open feedback. Triangulating multiple data sources is more reliable than any single metric. Address physical and psychosocial safety concerns immediately, avoid perfectionism, celebrate individual and team successes, frame failures as learning opportunities, encourage open feedback through [pulse surveys](/nz/articles/culture-audit-guide) and whistleblowing tools, prioritise inclusion and diversity, and model vulnerability themselves. It is a behavioural practice repeated over time, not a one-off training session. They give workers a confidential channel for issues like discrimination, [harassment](/articles/5-risk-factors-for-sexual-harassment-in-the-workplace), bullying, and [misconduct](/nz/articles/dealing-with-workplace-misconduct) without fear of retaliation. This surfaces problems early, before they escalate. Aggregated reporting data also reveals trends in [workplace culture](/articles/speak-up-culture) that help leaders make informed decisions about where to intervene. ### Sources 1. Edmondson, A. (1999), "Psychological Safety and Learning Behavior in Work Teams" (Administrative Science Quarterly) 2. Google re:Work, Project Aristotle findings on team effectiveness 3. Clark, T. (2020), The 4 Stages of Psychological Safety 4. WorkSafe New Zealand, Psychosocial hazards in work environments and effective approaches for managing them (April 2019) 5. Safe Work Australia, Model Code of Practice: Managing psychosocial hazards at work (2022) 6. Health and Safety at Work Act 2015 (NZ) _This article is general information only, not legal advice. Laws change and individual circumstances differ. For advice on your specific circumstances, consult a qualified legal practitioner. See our [Terms of Use](/nz/policies/terms) for the full disclaimer._ --- url: https://elker.com/nz/articles/respect-in-the-workplace title: "Workplace Respect – Tips for a Positive Work Environment" description: "Respect in the workplace is fundamental to a healthy organisational culture. Learn the importance of respect and upholding a safe and positive work environment." locale: en-NZ generated: 2026-07-01T14:05:43.635Z --- Oct 11, 2023 # Respect in the workplace – tips for a positive work environment [Cultural change](/nz/blog/cultural-change) Respect in the workplace is fundamental to a healthy organisational culture. Learn the importance of respect and how you reduce employee turnover and improve your company's working environment. ![Respect in the workplace: Tips for a positive work environment](https://media.elker.com/790a4563-d39c-404f-998a-1fd0f12f0e39/tips-respectful-workplace.png?width=992) ByElker Editorial TeamReviewed byJack MurrayUpdated22 April 2026 **TL;DR** - Workplace respect means valuing the dignity, rights, feelings, and perspectives of every employee regardless of their position, background, or role. - The core values that underpin respect at work are trust and dignity, representation and inclusion, empathy and active listening, and a willingness to collaborate and compromise. - The Anti-Discrimination and Human Rights Legislation Amendment (Respect at Work) Act 2022 placed a positive duty on Australian employers to take proactive steps to eliminate sexual harassment, sex-based discrimination, and hostile work environments. - A respectful workplace produces measurable benefits including reduced stress, stronger collaboration, higher creativity, better productivity, greater job satisfaction, and a more inclusive environment. - Disrespectful workplaces erode psychological safety, drive turnover and recruitment costs, suppress innovation, and damage employee wellbeing over time. ## **What does workplace respect mean?** Workplace respect is the act of valuing and honouring the intrinsic dignity of every employee, acknowledging their rights, feelings, and perspectives. All employees, regardless of their position in the workforce deserve the same respect. This means ensuring that everyone feels heard, understood, and valued. Importantly, a safe work environment is a basic human right. Every individual contributes uniquely to an organisation through their cultural background, race, gender, experiences, and beliefs. Recognising and respecting this diversity is essential. This appreciation of diversity not only boosts morale but also enriches the organisation's culture, fostering a more inclusive and innovative environment. ## **Core values underlying respect in the workplace** At the heart of respect are core values that guide interactions, decisions, and the overall culture of an organisation. These values shape how employees treat one another and influence the team's success and cohesion. **Trust and dignity** are essential in creating a respectful environment. In the workplace, when employees trust each other, they communicate more openly, share feedback, and work together efficiently. Equally important is treating everyone in a respectful manner. Every person, regardless of their role or background, should be treated with kindness and consideration. Workplaces should be free of [psychosocial hazards](/articles/psychosocial-hazards-at-work). Employers must take action to eliminate bullying, victimisation and [sexual harassment in the workplace](/articles/5-risk-factors-for-sexual-harassment-in-the-workplace). **Representation and inclusion** are about recognising the value that diverse perspectives and contributions bring. By nurturing these different perspectives, organisations can access a broader range of ideas, solutions, and strategies, leading to more innovative outcomes. **Empathy and active listening** are closely intertwined in fostering a positive workplace. Empathy enables employees to understand and relate to the feelings of others, promoting compassion. Active listening, meanwhile, involves fully concentrating on, understanding, and responding to what another person is saying. Together, these practices ensure that employees feel genuinely heard and understood, which in turn strengthens interpersonal relationships and team dynamics. Active listening also involves fostering a [speak-up culture](/articles/speak-up-culture) through the use of employee surveys and anonymous reporting tools.  Lastly, **collaboration and compromise** are essential for teams to function effectively. In any workplace, disagreements and differences of opinion are inevitable. However, with a foundation of respect, teams can navigate these challenges by working together and finding a middle ground. This not only resolves conflicts but also leads to better decision-making and outcomes. ## How the Respect at Work Bill is transforming Australian workplaces The Respect at Work Bill, also known as the Anti-Discrimination and Human Rights Legislation Amendment Act 2022, marks a pivotal change in Australia's approach to workplace issues like sexual harassment, [discrimination](/articles/discrimination-in-the-workplace), and [misconduct](/nz/articles/dealing-with-workplace-misconduct). The legislation is based on seven key recommendations from the Australian Human Rights Commission's 2020 report and aims to proactively prevent psychosocial harm and sexual harassment in workplaces. One of the standout features of this legislation is the [introduction of a 'positive duty' on employers](/articles/7-standards-positive-duty-sex-discrimination-act). This means that employers are now obligated to take proactive steps to eliminate unlawful conduct rather than merely reacting to incidents after they occur. This duty is extensive, covering a range of conducts such as [sex-based discrimination](/articles/protected-attributes), workplace sexual harassment, and creating a hostile work environment due to sex. It applies to all entities governed by the Sex Discrimination Act, including sole traders, large enterprises, and government bodies. The legislation is designed to be explicit and adaptable, acknowledging the diverse nature of Australian businesses. While it sets clear standards for workplace conduct, it also allows for flexibility in its implementation, particularly for small businesses that might find some compliance measures financially burdensome. The Australian Human Rights Commission will oversee compliance, ensuring that all businesses, regardless of size, adhere to these new standards. In summary, the Respect at Work Bill not only sets new compliance requirements but also provides strong incentives for businesses to create safe, ethical, and respectful workplaces. Failure to comply can result in penalties and significant financial costs, including litigation and loss of trust among employees and customers. Therefore, it's in every organisation's best interest to align with these new standards, both for ethical reasons and for the tangible benefits that a respectful workplace brings. Read the full article: [What the Respect at Work Bill means for your business,](/articles/what-the-respect-at-work-bill-means-for-your-business) and discover how Elker can help with your compliance needs. ## **Importance of respect at work** A respectful work environment is synonymous with a positive one. It creates an atmosphere where employees feel safe, valued, and heard. This positivity directly translates to tangible benefits. Increased productivity and innovation are natural outcomes in such an environment. When team members respect each other's ideas and contributions, collaboration becomes seamless, leading to more creative solutions and strategies. Respect also plays a significant role in enhancing employee engagement and morale. Engaged employees are more invested in their roles, leading to better performance and outcomes. High morale ensures that employees are motivated and enthusiastic about their tasks. ![Respect in the workplace: Tips for a positive work environment](https://media.elker.com/c001f629-22d4-4ac3-89fd-27169a9a3a69/tips-respectful-workplace-2.png?width=992) ## **Tips: how to demonstrate respect in the workplace** Demonstrating respect is a continuous effort that requires leadership, intention, and action. Here are some ways to ensure that respect is at the forefront of your workplace interactions: ### **Recognise individuality** Every person in the workplace is unique, with their own experiences, beliefs, and values. Recognising the individuality and humanity of each person means acknowledging that every human being brings something valuable to the table. A diverse workplace is a melting pot of ideas, experiences, and perspectives. By valuing and crediting individuals for their contributions, you create an environment where everyone feels their input is appreciated and respected. ### **Improve communication** Effective communication is central to fostering respect in the workplace. Respect manifests through words, actions, and non-verbal cues such as body language. Simple gestures like nodding and maintaining eye contact can convey active listening and appreciation of others’ inputs. To bolster respectful communication, having a clear company policy is essential. This policy should outline guidelines on all forms of communication, [including digital interactions](/nz/articles/combating-virtual-harassment-in-remote-work), setting a standard for respectful exchanges. Utilising software tools can also facilitate improved communication, providing structured and efficient ways for team members to interact and collaborate. Regular employee surveys and feedback mechanisms are instrumental in gauging satisfaction levels, identifying trends, and uncovering areas of concern within the organisation. These insights are crucial for making necessary adjustments and enhancing the work environment. Furthermore, [whistleblowing](/nz/articles/what-is-whistleblowing) tools play a significant role in upholding respect and integrity within the workplace. These tools allow for the [anonymous reporting](/nz/articles/anonymous-reporting-advantages-disadvantages) of misconduct or any actions that breach the code of conduct, ensuring that issues are brought to light and addressed promptly, thereby maintaining a respectful and ethical workplace. ### **Mindfulness in behaviour** Awareness of how one's behaviour can impact others is crucial. This means avoiding actions that might be perceived as disrespectful behavior, such as rolling eyes, interrupting, or dismissing someone's ideas without consideration. Instead, cultivate behaviours that promote a respectful atmosphere, such as giving credit where it's due and being open to feedback. When issues do arise, it's essential to [take a person-centred and trauma-informed approach](/nz/articles/person-centred-and-trauma-informed-approach) to mitigate the stress and psychological toll on the employee reporting misconduct. ### **Active listening** Genuinely listening to someone goes beyond just hearing their words. It's about understanding their perspective, asking clarifying questions, and showing genuine interest in what they say. This not only fosters respect but also builds trust and rapport. ### **Challenge and reinforce behaviour** It's essential to address any behaviour that doesn't align with the company values of respect and inclusion. This means challenging poor behaviour when it arises and reinforcing positive behaviour through recognition and rewards. Setting clear expectations in company policy and holding everyone to the same standards ensures that respect remains a core value in your organisation. ### **Continuous learning and training** Respect, like any other skill, can be nurtured and developed. Offering training sessions, workshops, and informal learning opportunities can help employees understand the nuances of respect and how to practice it daily. ## **Benefits of a respectful workplace** A respectful workplace is essential for both employee well-being and organisational success. Here are the main benefits of fostering a respectful workplace: ### **Reduced stress among team members** In a respectful environment, employees feel supported and understood. This sense of belonging and appreciation naturally reduces workplace stress levels. When challenges arise, team members lean on each other, ask for help, and find creative solutions collaboratively. The result is [better mental well-being](/nz/articles/mentally-healthy-workplace) and improved physical health as the strains of workplace stress are mitigated. ### **Stronger collaborations and improved teamwork dynamics** Mutual respect ensures that feedback is actively exchanged, enhancing the quality of work without straining interpersonal relationships. As a result, collaborations are enriched by diverse insights, leading to innovative solutions and a team that efficiently pursues shared objectives. ### **Enhanced creativity and innovation** When employees feel that their ideas are valued and won't face ridicule or dismissal, they are more comfortable sharing ideas. This culture of respect and appreciation fosters innovation, as team members feel empowered to share their unique insights and solutions. ### **Improved productivity** Employees in a respectful environment are more motivated. They recognise that their efforts are appreciated and, in turn, are more committed to their tasks. This heightened sense of value and purpose directly translates to increased productivity. Furthermore, employees who are less stressed and more engaged naturally perform better, benefiting the organisation's bottom line. ### **Increased employee satisfaction** Job satisfaction is intrinsically linked to the level of respect in the workplace. Satisfied employees are more engaged and more loyal to the organisation. This enhances the overall workplace atmosphere and reduces turnover rates, leading to long-term benefits for the company. ### **A fair and inclusive environment** Respect ensures that every employee, regardless of background, feels valued and has an equal opportunity to contribute. This inclusivity fosters a sense of belonging and ensures that diverse perspectives are acknowledged and celebrated. ## **Consequences of a disrespectful workplace** A workplace devoid of respect isn't just uncomfortable; it's detrimental to both the individuals within it and the organisation as a whole. The ripple effects of a disrespectful environment can be far-reaching, with both immediate and long-term consequences. Here are some of the significant repercussions of not fostering respect in the workplace: ### **Damages the psychological safety of everyone** A disrespectful workplace undermines the psychological safety of its members. When leaders or managers fail to uphold safe and respectful working environments, it erodes trust at all levels. Employees begin to doubt not only their superiors but also their other team members. This lack of trust hampers effective leadership, as leaders, without the respect of their teams struggle to guide them effectively. Moreover, such an environment becomes a breeding ground for [bullying](/nz/articles/understanding-and-preventing-workplace-bullying), [victimisation](/nz/articles/what-is-unlawful-victimisation-in-the-workplace) and harassment, pushing the best talents to consider other opportunities. The absence of psychological safety means employees constantly feel on edge, hindering their ability to perform at their best. ### **Leads to misunderstandings, conflicts, and a toxic work environment** Disrespect is a catalyst for misunderstandings and conflicts. When there's a lack of mutual respect, communication breaks down. This results in communication silos, where information isn't shared freely, leading to inefficiencies and mistakes. Furthermore, a disrespectful environment fosters negativity, creating a [toxic work atmosphere](/nz/articles/signs-of-a-toxic-workplace). In such settings, collaboration suffers, and employees often feel alienated, leading to a decline in employee morale and decreased productivity. ### **Affects employee retention and recruitment costs** One of the most tangible consequences of a disrespectful workplace is increased employee turnover. Even the most dedicated employees will consider leaving when faced with a toxic environment. This means the loss of skilled and experienced personnel and increased costs associated with recruiting and training new hires. Moreover, a reputation for having a disrespectful work culture can deter potential talents from joining, making recruitment even more challenging. Company review sites like Glassdoor make workplace culture ever more transparent. ### **Shortfall of creative ideas and innovation** In an environment where employees don't feel respected, they are less likely to share their ideas or voice their opinions. This stifles creativity and innovation. When employees fear ridicule or dismissal, they hold back, and the organisation misses out on potentially groundbreaking ideas. This lack of input can hinder growth and prevent the company from staying competitive. ### **Demoralised workforce with reduced well-being** Constant exposure to disrespect can wear down even the most resilient individuals. It affects mental health, self-respect, and overall well-being. In such environments, employees often feel undervalued and insignificant, leading to decreased motivation and engagement. Moreover, the negativity from the workplace can spill over into personal lives, affecting work-life balance and overall happiness. ![Respect in the workplace: Tips for employers and employees](https://media.elker.com/67407504-27a6-4073-b141-044775f83c34/respect-workplace-office.png?width=992) ## Conclusion In any successful business, creating a respectful and inclusive environment is essential. It sets the foundation for trust, teamwork, and innovative ideas. But to truly maintain this environment, it's important to have employees communicate openly. Workplaces are not always harmonious. It's perfectly normal for issues to arise and even significant interpersonal and cultural challenges to overcome. Tight deadlines, a lack of clear communication and stress can sometimes create tension among co-workers. It's important that organisations continuously listen to their employees and address issues as they occur. This is where tools like Elker come in. As an [anonymous reporting platform](/nz/articles/whistleblowing-software), Elker empowers individuals to report concerns, from minor incidents to [serious misconduct](/nz/articles/serious-misconduct). Its dynamic surveys and analytics provide invaluable insights, enabling managers to spot trends and areas of concern. This allows managers to tackle employee misconduct and dissatisfaction early before it becomes a significant problem. By integrating platforms like Elker, businesses and organisations can take a proactive stance, ensuring that respect and safety remain at the forefront of their workplace culture. ### Key takeaways - Treat respect as a compliance issue, not a soft HR aspiration. The Respect at Work reforms shifted the legal baseline from reactive complaint handling to proactive prevention, and the Australian Human Rights Commission now oversees compliance. - Build the channels before you need them. Anonymous reporting, pulse surveys, and feedback loops only work as preventative tools if they exist before the first serious complaint lands. - Audit your everyday rituals. Meeting interruptions, who gets credit, who is invited to which conversations, and how disagreements are handled reveal more about respect than any values poster. - Hold managers accountable for the climate on their team. Leadership tone is the strongest single predictor of whether workers feel safe to speak up, give feedback, and stay. - Use aggregated data, not individual incidents, to spot drift early. Trends across reports, surveys, turnover, and absenteeism surface problems while there is still time to fix them without a regulator involved. ## Frequently asked questions Respect is the foundation of a healthy organisational culture. When employees feel valued and heard they are more engaged, more productive, and more likely to stay. Over time a respectful environment produces lower absenteeism, stronger collaboration, more creativity, and better business outcomes, while the absence of respect erodes [psychological safety](/nz/articles/psychologically-safe-workplace) and pushes good people out the door. Mutual respect runs in every direction. It is how leaders treat their teams, how teammates treat each other, and how employees treat their managers. When it is present, disagreements are handled constructively, ideas flow more freely, and behaviours like bullying and harassment are far less likely to take hold. Without it, communication breaks down and the workplace becomes vulnerable to the [signs of a toxic culture](/nz/articles/signs-of-a-toxic-workplace). The Anti-Discrimination and Human Rights Legislation Amendment (Respect at Work) Act 2022 obliges Australian employers to take proactive steps to eliminate sex discrimination, sexual harassment, sex-based harassment, victimisation, and conduct that creates a hostile work environment on the ground of sex. It applies to every entity covered by the Sex Discrimination Act, from sole traders to government agencies, and is enforced by the Australian Human Rights Commission. See our breakdown of the [seven standards for positive duty compliance](/articles/7-standards-positive-duty-sex-discrimination-act). Promote authenticity so employees can bring their whole selves to work, encourage open communication and constructive feedback, recognise and reward respectful behaviour, lead by example from the top, embed core values into everyday decisions, and invest in continuous learning. Anonymous surveys and [whistleblowing tools](/nz/articles/whistleblowing-software) are particularly valuable because they surface concerns that might otherwise stay buried. Disrespect erodes psychological safety, fuels misunderstandings and conflict, and can tip into a toxic environment where bullying, [victimisation](/nz/articles/what-is-unlawful-victimisation-in-the-workplace), and harassment take root. The downstream costs include higher turnover, harder recruitment, suppressed innovation, demoralised staff, and reputational damage on sites like Glassdoor that future candidates will see. ### Sources 1. Anti-Discrimination and Human Rights Legislation Amendment (Respect at Work) Act 2022 (Cth) 2. Sex Discrimination Act 1984 (Cth), positive duty provisions 3. Australian Human Rights Commission, Respect@Work: National Inquiry into Sexual Harassment in Australian Workplaces (2020) 4. Australian Human Rights Commission, Guidelines for Complying with the Positive Duty under the Sex Discrimination Act 1984 (Cth) 5. Safe Work Australia, Model Code of Practice: Managing psychosocial hazards at work 6. For NZ readers: WorkSafe New Zealand, Preventing and responding to bullying at work, and the Health and Safety at Work Act 2015 _This article is general information only, not legal advice. Laws change and individual circumstances differ. For advice on your specific circumstances, consult a qualified legal practitioner. See our [Terms of Use](/nz/policies/terms) for the full disclaimer._ ## You might also like --- url: https://elker.com/nz/articles/serious-misconduct title: "Dealing With Serious Misconduct In the Workplace" description: "Learn about serious misconduct, its impact on employment, and the steps for addressing workplace issues." locale: en-NZ generated: 2026-07-01T14:05:43.688Z --- Aug 1, 2022 # Dealing With Serious Misconduct In the Workplace [Cultural change](/nz/blog/cultural-change)[Reporting](/nz/blog/reporting)[Compliance](/nz/blog/compliance) Serious misconduct disrupts trust and carries severe repercussions. What constitutes serious misconduct, and how should it be addressed? Learn about the nature of serious misconduct, its impact on employment, and the steps for addressing such issues, providing clear guidance for employees and employers. ![Dealing with serious misconduct in the workplace: Guide](https://media.elker.com/b104eb48-7468-4115-ab4b-9509bb2abaa1/serious-misconduct.png?width=992) ByElker Editorial TeamReviewed byJack MurrayUpdated22 April 2026 **TL;DR** - Serious misconduct is wilful or deliberate behaviour that is inconsistent with the continuation of the contract of employment, or conduct causing serious and imminent risk to the health and safety of a person or to the reputation, viability, or profitability of the employer's business. The definition is set in regulation 1.07 of the Fair Work Regulations 2009 (Cth). - Specific examples captured by the definition include theft, fraud, assault, sexual harassment, intoxication at work, wilful damage to company property, and refusal to carry out a lawful and reasonable instruction that is consistent with the employment contract. - Serious misconduct can justify summary dismissal (termination without notice or payment in lieu), but the conduct must genuinely meet the regulation's threshold and the employer must still follow procedural fairness. Dismissals that fail either test routinely lose at the Fair Work Commission. - Even in summary dismissal cases, the employee has a right to bring a support person to disciplinary meetings, to be told what is alleged in enough detail to respond, and to have the decision made by an impartial decision-maker. Denying a support person is a common procedural unfairness finding. - The standard of proof in workplace investigations is the balance of probabilities. Contemporaneous documentation of interviews, meetings, warnings, and decisions is what makes a dismissal defensible if it is later challenged. ## Key takeaways - Serious misconduct includes illegal actions or those posing a significant risk to health, safety, or business reputation, leading to immediate termination and potential impact on future employment. - Employers must thoroughly investigate allegations of serious misconduct following a structured process, maintaining procedural fairness to avoid unfair dismissal claims. - Maintaining a safe and compliant workplace involves preventing serious misconduct, effective post-investigation support, and adherence to [health and safety regulations](/articles/psychosocial-hazards-at-work). ## Understanding serious misconduct: definition and implications Serious misconduct embodies illegal actions that pose a significant risk to the health and safety of employees or the reputation, viability, or profitability of an employer's business. This includes acts such as theft, fraud, assault, or being intoxicated at work. Additionally, wilful or deliberate behaviour, such as willful disobedience, gross negligence, or significant breaches of workplace policies, also qualifies as serious employee misconduct. The consequences of engaging in serious misconduct are severe. It can lead to: - Immediate termination of employment without notice or payment in lieu of notice - Ineligibility for certain entitlements, such as leave payouts and severance pay - Potential impact on future employment opportunities and professional reputation. Contrarily, [ordinary misconduct](/nz/articles/dealing-with-workplace-misconduct), being less severe, often leads to warnings or disciplinary action rather than immediate dismissal. Understanding the difference between serious and ordinary misconduct is vital for employees and employers due to the significant variation in potential consequences. ### Fair Work Act 2009 and employment contracts The Fair Work Act 2009 provides a legal framework for defining serious misconduct, which is deliberate behaviour by an employee that is inconsistent with the continuation of their employment. The definition of serious misconduct under the Act includes specific examples, such as: - Theft - Fraud - Assault - Intoxication at work - Willful or deliberate damage to company property - Breach of company policies or codes of conduct This term carries substantial weight in the employment relationship and should not be dismissed lightly. Employment contracts often define serious misconduct and may provide specific examples relevant to the nature of the business or industry. As a result, employees must understand their employment contract and the Fair Work Act to ensure they are aware of the acceptable standards of conduct in the workplace. Employers are advised to include policies on standards of behaviour, misconduct, and disciplinary action in their employee handbooks and employment agreements, outlining the employee's duties. This way, employees are aware of the expectations and the potential ramifications of any serious misconduct, thus promoting a conducive and compliant workplace during an employee's employment. ## Recognising and addressing imminent risks Serious misconduct is more than just a breach of trust or an act of defiance. It encompasses behaviour that poses a serious and imminent risk to various aspects of the employer's business or individuals' safety. These imminent risks include threats to individuals' health and safety or the reputation, viability, or profitability of the employer's business. Employers are required to manage these risks appropriately. Failing to do so can result in legal consequences, such as monetary penalties for non-compliance with health and safety regulations. Therefore, identifying and [mitigating imminent risks linked to serious misconduct](/articles/5-risk-factors-for-sexual-harassment-in-the-workplace) is a key component in maintaining a safe and compliant workplace. ![Examples of serious misconduct in the workplace infographic](https://media.elker.com/8432902a-8fbc-41b2-8304-cb1db894ddfd/serious-misconduct-examples.png?width=992) ## Common examples of serious misconduct To clarify the concept of serious misconduct, we will examine some typical examples. These include theft from an employer or other employees and fraudulent actions such as falsifying timesheets or expense reports. Such acts are a breach of trust and potentially criminal offences. Serious misconduct includes: - Violent behaviour or threats of violence against colleagues or management - Instances of [sexual harassment](/articles/7-standards-positive-duty-sex-discrimination-act) and [bullying](/nz/articles/understanding-and-preventing-workplace-bullying) - Intoxication at work due to alcohol or illegal drugs to the extent that the employee is unfit to perform their duties Additionally, serious breaches of health and safety procedures that endanger others are also deemed as serious misconduct and can warrant termination. Furthermore, engaging in conduct outside of work, such as indecent or unlawful behaviour that damages the relationship with the employer or reflects poorly on the employer's reputation, can be considered serious misconduct. ## Lawful and reasonable instructions: A key factor in misconduct cases The concept of lawful and reasonable instructions is crucial in determining misconduct cases. A direction is considered lawful and reasonable if it is within the scope of the employee's role, involves no illegality, and is appropriate regarding the circumstances. This principle applies to both private and public sectors. The Australian Public Service Commission requires that directions to public servants promote integrity and public confidence in the service. Refusal to execute a lawful and reasonable instruction pertaining to one's job duties can be indicative of serious misconduct. Intentional non-compliance with instructions from superiors that are lawful and reasonable is viewed as serious misconduct. It is an implied condition in Commonwealth employment contracts in Australia that employees adhere to lawful and reasonable instructions from their employers. Therefore, comprehension and adherence to lawful and reasonable instructions are vital to preventing serious misconduct. ## Investigating allegations of serious misconduct When allegations of serious misconduct arise, they must be investigated thoroughly and objectively. A workplace investigation is an independent process designed to ascertain facts regarding allegations of serious misconduct, eliminating perceived bias. This process involves the complainant and respondent, [witnesses](/nz/articles/bystander-effect-in-the-workplace), a support person, and the investigator, contributing to a structured six-step process for thorough fact-finding. The six steps of a workplace investigation are: - Planning and preparation - Gathering evidence - Conducting interviews - Analysing the evidence - Making findings and conclusions - Preparing the investigation report - Employers can ensure a fair and comprehensive investigation process by following these steps. The standard of proof in workplace investigations is the balance of probabilities, where various types of evidence are collected. Therefore, employers should systematically document all aspects of the investigation, including: - Interviews - Meetings - Warnings - Decisions This will help maintain records substantiating the investigation's findings and procedural fairness. However, the investigation process must also follow fair procedures. Any rushed decisions or lack of a proper response can lead to accusations of unfair dismissal. Thus, conducting a well-executed workplace investigation supports the employer's decisions and can reduce the risk of legal challenges from unfair dismissal claims. ### Avoiding unfair dismissal claims Employers must also tread carefully when dealing with serious misconduct to avoid unfair dismissal claims. A dismissal can be deemed harsh, unjust, or unreasonable if the termination process lacks procedural fairness, even if the employee violated lawful and reasonable instructions. Therefore, employers should provide a clear warning about the consequences of misconduct, unless it’s a case of summary dismissal for gross misconduct, to maintain procedural fairness. To avoid unfair dismissal allegations, it is vital to: - Avoid hasty decisions - Ensure ample time for a thorough investigation and response - Allow employees to have a support person of their choice during the disciplinary process Denying an employee's choice of a support person during the disciplinary process can lead to procedural unfairness, potentially affecting the outcome of unfair dismissal claims, especially in cases of an employee refusing to cooperate without their chosen support person. To further reduce the risk of unfair dismissal claims, the reason for dismissal must be substantiated, defensible, and genuinely related to the employee’s capacity or conduct. Legal advice prior to terminating an employee for serious misconduct can help ensure that the employer complies with employment laws and minimises the risk of an unfair dismissal claim. ## Disciplinary actions and termination procedures Once serious misconduct has been established, it must be addressed firmly. Under the Fair Work Act, serious misconduct may warrant immediate termination without notice or payment in lieu of notice, emphasising the gravity of such violations. However, this is not the only course of action. An employee may be suspended with full pay during the disciplinary process if they pose a risk of harm to people or the business. Typical initial disciplinary actions for misconduct can range from a verbal or written warning to letters of concern or final written warnings. Disciplinary meetings allow the accused employee to prepare and present extenuating circumstances with at least 24-48 hours' notice and the right to bring a support person. Employers must follow their internal disciplinary procedures and pertinent industry standards when handling serious misconduct cases. This not only ensures fair treatment of the employee but also protects the employer from potential legal repercussions and safeguards the employer's business. ### Employee support and representation Employees have the right to bring a support person to assist them during the disciplinary process. This can be: - a colleague - a friend - a family member - a union representative - a lawyer - any other person the employee trusts Employers must inform employees of this right during discussions about dismissal, ensuring procedural fairness. A support person's primary responsibility is to provide emotional support and assist the employee by clarifying questions or taking notes. They should not advocate or speak for the employee but may provide clarification and request brief breaks if necessary. However, the employer can reasonably refuse a proposed support person if they are involved in the issues addressed or part of the decision-making process or cannot attend within a reasonable timeframe. If a support person disrupts the meeting, the employer can pause to remind them of their role or reschedule the meeting with a different support person if necessary. Thus, the presence and role of a support person play a significant part in the disciplinary process, as they contribute to procedural fairness and provide necessary assistance to the employee. ![Maintaining a safe and compliant workplace](https://media.elker.com/850aaf7b-84be-407a-b7eb-3a89e4756626/compliance-workplace.png?width=992) ## Maintaining a Safe and Compliant Workplace Maintaining a safe and compliant workplace is a collective responsibility. Leadership is pivotal in [fostering a workplace culture](/nz/articles/culture-audit-guide) that upholds ethical behaviour and discourages misconduct, with leaders accountable for setting and demonstrating ethical standards and behaviours. Establishing zero-tolerance policies for misconduct and having transparent reporting processes encourages a culture of compliance and ensures that incidents are dealt with promptly and fairly. Compliance with health and safety regulations is vital in preventing serious workplace misconduct and minimising the possibility of accidents. This necessitates proper training, access to safe equipment, and safe work environments. Health and Safety Representatives have a pivotal role in monitoring and enforcing safety regulations, with specific training and the authority to halt work over serious immediate safety concerns. Post-investigation, organisations must support employees and ensure safety and wellbeing while managing any long-term changes or [victimisation](/nz/articles/what-is-unlawful-victimisation-in-the-workplace) from the investigation. Thus, maintaining a safe and compliant workplace is not just about preventing serious misconduct but also about handling it appropriately when it does occur. ## How anonymous reporting tools can help your organisation Maintaining a safe and compliant workplace requires a collective effort from all stakeholders – from leadership setting the tone of ethical behaviour, employees abiding by the rules and regulations, and the right systems and processes to address misconduct when it arises. By doing so, we create not just a workplace that is safe and compliant but one that promotes integrity, fairness, and respect. Integrating [anonymous reporting tools into the workplace](/nz/articles/anonymous-reporting-advantages-disadvantages) serves as a proactive measure for the early detection of workplace issues. These tools empower employees to [report concerns](/nz/articles/what-is-whistleblowing) without fear of retaliation, ensuring that potential problems can be addressed before they escalate into serious misconduct. By providing a secure channel for communication, anonymous reporting tools help in maintaining a safe environment for all employees and safeguarding the reputation and integrity of an organisation. Elker, an innovative anonymous reporting platform, is designed to [facilitate employees in speaking up](/articles/speak-up-culture) about workplace issues. With its end-to-end encrypted [whistleblowing tools](/nz/articles/whistleblowing-software), real-time analytics, and pulse surveys, Elker offers a comprehensive solution for the detection and management of workplace concerns. These features not only encourage a culture of openness and transparency but also help in identifying patterns that could indicate deeper systemic problems. If you would like to know more about how Elker can transform your approach to workplace safety and compliance, book a demonstration of the platform today. ### Key takeaways - Serious misconduct is a legal threshold, not a labelling exercise. Employer policy can describe conduct as serious, but whether it actually meets the Fair Work Regulations definition is decided by the Commission, not the employer. - Summary dismissal is the most serious disciplinary response available and carries the highest legal risk. Suspension on full pay during investigation is often a safer interim step where the worker poses a risk to people or the business. - Six-step workplace investigations, planning, evidence gathering, interviews, analysis, findings, and report, are the standard approach for serious misconduct matters. Rushing any step creates grounds for an unfair dismissal claim. - A support person must be permitted at disciplinary meetings, with at least 24 to 48 hours' notice of the meeting. The support person's role is to provide emotional support and take notes, not to advocate. - Anonymous reporting systems often surface the conduct that later becomes a serious misconduct finding, particularly sexual harassment, bullying, fraud, and safety breaches. The tip triggers the investigation; the evidence the investigation collects justifies the outcome. ## Frequently asked questions Serious misconduct is defined in regulation 1.07 of the Fair Work Regulations 2009 (Cth). It covers wilful or deliberate behaviour that is inconsistent with the continuation of the contract of employment, or conduct that causes serious and imminent risk to the health and safety of a person or to the reputation, viability, or profitability of the employer's business. The regulation lists specific examples including theft, fraud, assault, sexual harassment, intoxication at work, and refusal to carry out lawful and reasonable instructions. [Ordinary misconduct](/nz/articles/dealing-with-workplace-misconduct) involves less severe breaches of workplace policy or performance standards, and usually triggers a graduated response such as warnings, performance management, training, or suspension. Serious misconduct meets the regulation 1.07 threshold and can justify summary dismissal without notice or payment in lieu, provided the employer follows procedural fairness. Misclassifying ordinary misconduct as serious and dismissing accordingly is one of the most common ways employers end up in the Fair Work Commission. Yes. Summary dismissal (termination without notice or payment in lieu) is available under the Fair Work Act where the conduct genuinely meets the definition of serious misconduct and the employer has followed procedural fairness. Procedural fairness requires clear notice of the allegations, a real opportunity to respond, the right to a support person, and an impartial decision-maker. Skipping any of these steps is likely to make the dismissal harsh, unjust, or unreasonable, even where the underlying conduct was serious. Employers can also suspend an employee on full pay during investigation where the person poses a risk to people or the business. Yes. Employers must inform employees of their right to bring a support person to any disciplinary meeting, and denying that right can amount to procedural unfairness. The support person can be a colleague, friend, family member, union representative, or lawyer. Their role is to provide emotional support, help clarify questions, and take notes. They do not speak or advocate on the employee's behalf. Employers can reasonably refuse a proposed support person only in narrow circumstances, such as where the person is involved in the matter or part of the decision-making process. Some forms of serious misconduct can also be criminal offences. Theft, fraud, assault, and certain drug or safety offences may all attract criminal investigation and prosecution separately from any workplace disciplinary process. Employers should report suspected criminal conduct to the relevant authorities and run an internal workplace investigation in parallel, following the Fair Work Regulations and the terms of the employee's contract. Criminal liability and workplace disciplinary liability are assessed independently, and an acquittal on criminal charges does not automatically protect an employee from dismissal on the balance of probabilities. A flawed investigation, one that rushes the process, fails to document findings, does not give the respondent a fair chance to respond, or relies on biased decision-making, will usually result in any subsequent dismissal being overturned as harsh, unjust, or unreasonable. The Fair Work Commission applies a reasonableness test to both the underlying facts and the process used to reach a decision. [Bystander accounts](/nz/articles/bystander-effect-in-the-workplace) and protections against retaliation for witnesses are important factors that investigators should consider and document. The Fair Work Commission does not investigate alleged misconduct itself. It intervenes when a dismissed employee lodges an unfair dismissal application. The Commission then assesses whether there was a valid reason for dismissal related to the employee's capacity or conduct, and whether the employer followed a fair process including clear notice of the allegations, a real opportunity to respond, and access to a support person. If either test fails, the Commission can order reinstatement, compensation, or other remedies. Employers should seek legal advice before terminating for serious misconduct to minimise this risk. ### Sources 1. Fair Work Regulations 2009 (Cth), regulation 1.07, definition of serious misconduct 2. Fair Work Act 2009 (Cth), Part 3-2, unfair dismissal provisions 3. Fair Work Commission, Unfair Dismissals Benchbook and case law 4. Fair Work Ombudsman, guidance on dismissal and summary dismissal 5. For NZ: Employment Relations Act 2000 (NZ) and Employment Relations Authority guidance on serious misconduct and justified dismissal _This article is general information only, not legal advice. Laws change and individual circumstances differ. For advice on your specific circumstances, consult a qualified legal practitioner. See our [Terms of Use](/nz/policies/terms) for the full disclaimer._ ## You might also like --- url: https://elker.com/nz/articles/shirli-kirschner-game-changers title: "Shirli Kirschner Talks to Tracey Spicer on Game Changers" description: "Explore Elker's innovative approach to reporting workplace issues with co-founder Shirli Kirschner. Learn how Elker empowers workplaces all over Australia." locale: en-NZ generated: 2026-07-01T14:05:43.725Z --- Feb 26, 2024 # Elker Co-Founder, Shirli Kirschner, Talks to Tracey Spicer on Game Changers [Cultural change](/nz/blog/cultural-change) Discover Elker's innovative approach to reporting workplace issues with co-founder Shirli Kirschner. Watch the video below. ![Elker Co-Founder, Shirli Kirschner, Talks to Tracey Spicer on Game Changers](https://media.elker.com/cc136a04-047c-442a-8e10-ceae0162407b/game-changers-shirli-elker.jpeg?width=992) ByElker Editorial TeamReviewed byJack MurrayUpdated22 April 2026 ## Video Appearing on [Tracey Spicer's Game Changers](https://www.youtube.com/watch?v=VqkFnwKPYdE), Shirli Kirschner, co-founder of Elker, discusses the platform's unique approach to early intervention in workplace issues. Highlighting the significance of anonymity and two-way communication, Kirschner shares how Elker aims to transform traditional reporting mechanisms, making it easier for individuals to voice concerns and for organisations to respond proactively. ## Resources Elker is a platform that allows individuals to [speak up](/articles/speak-up-culture) about workplace issues like [sexual harassment](/articles/5-risk-factors-for-sexual-harassment-in-the-workplace), [discrimination](/articles/discrimination-in-the-workplace), and [misconduct](/nz/articles/serious-misconduct). Beyond anonymous reporting, it offers tools for [surveys](/nz/articles/culture-audit-guide), analytics, case management and reporting to foster open communication and compliance for Australian organisations. For more information about workplace reporting, visit our article on the [benefits of anonymous reporting in the workplace](/nz/articles/anonymous-reporting-advantages-disadvantages). For information about getting compliant with the new positive duty in the Sex Discrimination Act, visit our article explaining the [positive duty guidelines](/articles/7-standards-positive-duty-sex-discrimination-act). Interested in trying Elker firsthand? [Book a demonstration](/nz/book-demo) to see how our platform can transform your approach to workplace reporting and compliance. _This article is general information only, not legal advice. Laws change and individual circumstances differ. For advice on your specific circumstances, consult a qualified legal practitioner. See our [Terms of Use](/nz/policies/terms) for the full disclaimer._ ## You might also like --- url: https://elker.com/nz/articles/signs-of-a-toxic-workplace title: "Signs of a Toxic Workplace: 7 Red Flags to Watch | Elker" description: "A toxic workplace can significantly impact employees' well-being. Find out how your organisation can minimise these issues." locale: en-NZ generated: 2026-07-01T14:05:43.780Z --- May 15, 2024 # Signs of a Toxic Workplace: 7 Red Flags to Look Out For [Reporting](/nz/blog/reporting)[Cultural change](/nz/blog/cultural-change) A toxic workplace can significantly impact employees' well-being, productivity, and job satisfaction. While bullying or harassment are obvious signs of a toxic work culture, other subtle signs can be just as damaging. Recognising these signs early on can prevent negative consequences, such as decreased productivity, high turnover rates, and reputational damage. ![Signs of a toxic workplace: 7 red flags to look out for](https://media.elker.com/d82ad97c-f5af-46da-b0e8-7d790b3472d7/signs_toxic_workplace_1.png?width=992) ByElker Editorial TeamReviewed byJack MurrayUpdated22 April 2026 **TL;DR** - Seven red flags indicate a toxic workplace: poor communication and lack of transparency, unfair treatment and favouritism, lack of accountability and blame-shifting, high turnover and burnout, gossip and rumours, absence of diversity, equity and inclusion, and inadequate reporting or whistleblower protections. - These signs rarely appear in isolation. A toxic workplace is usually recognisable by the pattern: several red flags reinforcing each other over time, not a single bad week or difficult manager. - Industry data captures the scale: only 13% of employees strongly agree their organisation shares information well (Gallup), 23% of Australian workers have experienced workplace discrimination (AHRC), and 62% of employees believe their organisation lacks an effective system for reporting misconduct (Ethics and Compliance Initiative). - Toxic culture is expensive and legally exposed. Burnout and turnover cost money, and sustained toxic behaviour can trigger claims under the Fair Work Act 2009, the Sex Discrimination Act 1984, state WHS psychosocial hazard regulations, and, in New Zealand, the Health and Safety at Work Act 2015. - Reclaiming a workplace from toxicity is a combination of clear policies, consistent enforcement, regular pulse surveys, early intervention on [bullying](/nz/articles/understanding-and-preventing-workplace-bullying) and harassment, and a trusted, ideally anonymous, reporting channel. ## Red flag 1: Poor communication and lack of transparency Poor communication and lack of transparency are common signs of a toxic workplace. When employees are unclear about expectations, lack feedback, or have unresponsive management, they quickly become frustrated and mistrustful. According to a Gallup study, **only 13% of employees strongly agree that their organisation does a great job of sharing information** with them. Poor communication leads to misunderstandings, errors, and conflicts, all contributing to a toxic environment. Clear communication and transparency are essential for building trust and fostering a positive, productive workplace culture. Regular pulse surveys, like those offered by Elker, can help organisations gauge employee sentiment and identify areas for improvement in communication. Actively seeking feedback and addressing communication issues can create more open, collaborative, and productive work environments. ## Red flag 2: Unfair treatment and favouritism Unequal opportunities, biased decision-making, or preferential treatment leads to demotivation and decreased morale. According to the Australian Human Rights Commission, **23% of Australian workers have experienced discrimination in the workplace**. This includes 49% of mothers and [27% of Australians aged 50 years and older](https://humanrights.gov.au/our-work/age-discrimination/publications/national-prevalence-survey-age-discrimination-workplace) who reported negative attitudes, decreased pay, hours changed against their wishes, missed growth opportunities, denied leave and job loss. Unfair treatment creates a sense of injustice and discrimination, eroding trust and undermining employee engagement. Many employees who experience unfair treatment look for another job or resign. Organisations can implement fair and transparent practices, such as [anonymous reporting](/nz/articles/anonymous-reporting-advantages-disadvantages) and case management systems like those provided by Elker, to combat these issues. Ensuring all employees are treated equitably creates a more inclusive and supportive workplace. ## Red flag 3: Lack of accountability and blame-shifting A lack of accountability and blame-shifting are common signs of a toxic workplace. When individuals deny responsibility for their actions, blame others for their mistakes, or face no [consequences for misconduct](/nz/articles/serious-misconduct), it creates a culture of mistrust and decreased motivation. According to the Ethics & Compliance Initiative, **41% of employees have observed misconduct in the workplace, but only 63% reported it**. When accountability is absent, employees feel their efforts go unrecognised or their concerns are not taken seriously. This leads to a culture of blame-shifting, where individuals prioritise protecting themselves over working towards common goals. Promoting accountability is essential for fostering a culture of responsibility and respect. Implementing a robust case management system, like the one offered by Elker, helps organisations track and investigate misconduct, ensuring all employees are held to the same standards and maintaining transparency throughout the process. ## Red flag 4: High turnover rates and burnout When employees frequently resign, struggle to be retained, or experience burnout, it signals underlying issues such as poor management, lack of opportunities, excessive stress, or an unsatisfying work environment. In Australia, the average employee turnover rate is 15% according to the Australian Bureau of Statistics. Gallup reports that **burned-out employees are 63% more likely to take a sick day and 23% more likely to visit the emergency room**. High turnover rates are costly for organisations in recruiting and training new employees. Burnout, characterised by exhaustion, cynicism, and decreased efficacy, leads to physical and mental health problems, decreased productivity, and increased absenteeism. Organisations can conduct regular pulse surveys and provide anonymous reporting channels to identify and address the root causes of high turnover and burnout. ## Red flag 5: Gossip and rumours Gossip and rumours are signs of a toxic workplace culture. When employees engage in spreading misinformation, negativity, or speculation, it erodes trust, decreases morale, and damages relationships. Gossip creates an atmosphere of discomfort and mistrust, where employees feel unable to communicate or collaborate effectively. To combat office gossip and rumours, organisations must address these behaviours and promote a positive, respectful work culture. This involves setting clear expectations for professional conduct, providing training on effective communication and conflict resolution, and modelling appropriate behaviour at all levels. Anonymous reporting systems, like those provided by Elker, provide employees with a safe, confidential channel to raise concerns or report misconduct. Fostering a culture of open, honest communication and addressing negative behaviours proactively creates more positive, productive work environments. ## Red flag 6: Lack of diversity, equity, and inclusion A lack of diversity, equity, and inclusion (DEI) is a significant red flag of a toxic workplace. When an organisation exhibits discriminatory practices, unequal opportunities, or a lack of representation, it creates an environment where certain groups feel undervalued and marginalised. The Australian Human Rights Commission reports that 25% of Australian workers have experienced racial discrimination at work. McKinsey found that **companies with diverse workforces are 35% more likely to outperform their less diverse peers**. A lack of DEI contributes to toxic work environments. Employees who feel excluded or discriminated against experience decreased job satisfaction, engagement, and motivation. This leads to higher turnover rates, reduced productivity, and a negative impact on overall company culture. A homogeneous workforce limits the range of perspectives, ideas, and innovations that a diverse team can bring. Organisations must actively promote DEI in hiring practices, employee development, and day-to-day operations. This involves setting diversity goals, providing unconscious bias training, and regularly reviewing policies and procedures for fairness and inclusivity. Implementing anonymous reporting and case management systems, like those offered by Elker, helps prevent discriminatory practices and promote inclusion by providing employees with a safe, confidential channel to raise concerns or report misconduct. ## Red flag 7: Inadequate reporting and whistleblower protection When employees fear [retaliation for speaking up](/articles/speak-up-culture), lack trust in their organisation's reporting processes, or believe their concerns will not be adequately investigated, it creates a culture of silence and enables misconduct to go unchecked. According to the Ethics & Compliance Initiative, **62% of employees believe their organisation does not have an effective system for reporting misconduct.** At the same time, the Australian Securities and Investments Commission found that **30% of whistleblowers experience retaliation after reporting misconduct**. When employees feel unable to report misconduct or raise concerns safely, it leads to a toxic environment where problems fester and escalate. This results in decreased trust, reduced employee engagement, workplace dysfunction, and a higher likelihood of legal and reputational risks for the organisation. Implementing a robust reporting system and [strong whistleblower protections](/nz/articles/what-is-whistleblowing) promotes a culture of transparency, accountability, and [psychological safety](/nz/articles/psychologically-safe-workplace). Elker's reporting and case management platform offers features to address these challenges. With end-to-end encryption, anonymous reporting options, and third-party legal assistance, Elker provides employees with a secure, confidential way to report misconduct or raise concerns. Investing in effective reporting and whistleblower protection measures fosters a speak-up culture, identifies and addresses problems early, and creates a more positive, ethical, and compliant workplace. ![Signs of a toxic workplace: strategies to foster a healthy environment infographic](https://media.elker.com/2890c091-fe39-4439-9a03-ce473dfaacd0/signs_toxic_workplace_2.png?width=992) ## Strategies to combat toxic work environments As employers, it's our ethical and legal duty to create a safe work environment free of psychosocial hazards. [Creating a mentally healthy workplace](/nz/articles/mentally-healthy-workplace) also makes good business sense as it increases productivity, and reduces absenteeism and turnover costs. Combating a toxic work environment requires a proactive and multifaceted approach. Organisations must be committed to fostering a culture of respect, inclusivity, and accountability at all levels. Here are some strategies that organisations can adopt to combat a toxic work environment and promote a positive, productive, and inclusive workplace culture: ### Communicate company policies clearly Clearly communicating company policies and applying them consistently is essential. Organisations should ensure that all employees understand the policies and expectations and that they are regularly reviewed and updated. This can be achieved through regular training sessions, workshops, and awareness programs. By integrating company policies into Elker's reporting pathways, organisations can make it easy for employees to report policy violations and for managers to address them in a timely, consistent manner. ### Conduct regular employee pulse surveys Conducting regular employee pulse surveys is another important strategy for combating a toxic work environment. These surveys can help gauge employee sentiment, measure engagement and morale, and identify areas for improvement in the workplace culture. By actively [seeking feedback](/nz/articles/anonymous-employee-feedback) and acting on the results of these surveys, organisations can demonstrate their commitment to creating a positive, responsive workplace. Elker's pulse survey feature allows organisations to easily and [regularly audit their company's culture](/nz/articles/culture-audit-guide) and gain insights into employee engagement and safety concerns. ### Address toxic behaviours early on Addressing toxic behaviours early on is crucial for preventing them from becoming entrenched in the workplace culture. Organisations should encourage employees to report toxic behaviours early on, before they escalate, and provide training to managers on how to identify and address these behaviours effectively. Elker's real-time analytics can help organisations identify trends and areas for early intervention, allowing them to address potential problems before they escalate. ### Foster a culture of psychological safety Fostering a culture of psychological safety is essential for combating a toxic workplace. When employees feel safe to speak up, ask questions, and challenge the status quo, they are more likely to engage in open, honest communication and collaborate effectively. Organisations should encourage this type of communication at all levels and provide training to managers on [how to create a psychologically safe work environment](/articles/psychosocial-hazards-at-work). Elker's anonymous reporting feature can help create a safe space for employees to raise concerns without fear of retaliation. ### Promote a healthy work-life balance Promoting a healthy work-life balance is another key strategy for combating a toxic work environment. Organisations should encourage employees to take breaks, use their vacation time, and disconnect from work outside of business hours. Providing flexible work arrangements, such as remote work or flexible schedules, can also help employees better manage their personal and professional responsibilities. Elker's pulse surveys can help organisations gauge employee perceptions of work-life balance and identify areas for improvement. ### Prioritise employee growth and development Prioritising employee growth and development is another important strategy for combating a toxic work environment. When employees feel that their organisation is invested in their professional growth and success, they are more likely to be engaged, motivated, and committed to their company's work culture. Organisations should provide opportunities for employees to learn new skills, take on new challenges, and advance their careers. Elker's pulse surveys can help organisations identify employee development needs and preferences, allowing them to tailor their offerings to the unique needs of their workforce. ### Implement anonymous reporting and case management Implementing an anonymous reporting and case management system is a critical strategy for combating a toxic work environment. By providing a safe, confidential way for employees to report misconduct and raise concerns, organisations can foster a speak-up culture and ensure that important issues are addressed in a timely, effective manner. Elker's anonymous reporting feature provides a safe, secure way for employees to report misconduct, while its customisable case management feature allows organisations to tailor their processes to their specific needs and workflows. ### Promote bystander awareness Promoting bystander awareness is another important strategy for combating a toxic work environment. Organisations should encourage employees to speak up when they witness toxic behaviors or misconduct and provide training on how to be an effective bystander and intervene safely. Elker's pulse surveys can help organisations gauge employee awareness and willingness to intervene as bystanders, while its customisable reporting pathways make it easy for employees to report witnessed misconduct. ### Regular check-ins Conducting regular check-ins with employees is another important strategy for combating a toxic work environment. These check-ins provide an opportunity for managers to connect with their team members, discuss progress and challenges, and identify any concerns or issues that may be contributing to a negative workplace culture. Elker's case management feature can be a valuable tool for tracking and documenting these check-ins, ensuring that any concerns or action items are properly addressed and followed up on. ### Hybrid working options Offering hybrid working options, such as a combination of in-office and remote work, can be another effective strategy for combating toxic or hostile work environments and environment. Hybrid work arrangements provide employees with greater flexibility and autonomy, allowing them to better manage their work-life balance and reduce stress and burnout. Elker's pulse surveys can be a valuable tool for gauging employee preferences and experiences with hybrid work arrangements, allowing organisations to continuously improve and refine their approach. ![Signs of a toxic workplace: How Elker can help transform your workplace through anonymous reporting](https://media.elker.com/b8fde23c-4508-4147-a91f-87b93718fccd/signs_toxic_workplace_3.png?width=992) ## Find out how Elker can transform your company culture Creating a positive and inclusive workplace culture requires effort, commitment, and the right tools. At Elker, we believe that a fostering positive workplace culture is not only the right thing to do, but it's also good for business.  Elker is designed to help organisations create a safe, supportive, and inclusive work environment where employees can thrive. With anonymous reporting tools, pulse surveys and efficient case management, Elker allows for the early detection and proactive response to address workplace issues. Want to learn more about how Elker can transform your company culture? [Book a demo of the platform](/nz/book-demo) today. ### Key takeaways - Red flags cluster. No single sign is definitive, but a combination of five or more across several months is almost always a sign of systemic problems rather than isolated bad behaviour. - The Australian Human Rights Commission reports that 25% of Australian workers have experienced racial discrimination at work. Discrimination, lack of DEI, and favouritism frequently travel together, and affect employee engagement, retention, and legal exposure simultaneously. - Burnout has measurable operational costs. Gallup found burned-out employees are 63% more likely to take a sick day and 23% more likely to visit an emergency room, and high turnover is costly in both recruitment and lost institutional knowledge. - Reporting channels that feel unsafe are not channels. Only 63% of employees who observe misconduct actually report it, according to the Ethics and Compliance Initiative, and 30% of whistleblowers experience retaliation, according to ASIC. - Pulse surveys, [culture audits](/nz/articles/culture-audit-guide), and anonymous reporting together triangulate a more accurate picture of workplace culture than any single data source, and they catch issues that rarely surface through formal channels. ## Frequently asked questions A toxic work environment is characterised by negative behaviours, poor communication, and a culture of fear that harms employee morale and wellbeing. Common signs include office gossip, blame-heavy attitudes, role confusion, a lack of work-life balance, and disengaged employees. Toxic behaviours such as bullying, sexual harassment, and discrimination contribute to a hostile work environment where employees may experience physical symptoms like sleep problems and body aches from sustained work stress. Toxic workplaces tend to prioritise short-term performance over the long-term wellbeing of their people, which usually ends in high turnover and reputational damage. The seven red flags are: poor communication and lack of transparency; unfair treatment and favouritism; lack of accountability and blame-shifting; high turnover rates and burnout; gossip and rumours; lack of diversity, equity and inclusion; and inadequate reporting or whistleblower protection. Each can exist independently, but a toxic workplace usually shows several simultaneously. Organisations that recognise the pattern early have a much better chance of intervening before the culture becomes entrenched. Triangulate several data sources rather than relying on one. Pulse surveys measure employee sentiment, anonymous reporting channels surface specific concerns, turnover and absenteeism metrics reveal trends, and exit interviews capture the reasons people leave. A [culture audit](/nz/articles/culture-audit-guide) can identify red flags that managers rarely see from inside the system. Patterns that appear across two or more data sources are more reliable than any single score. Job seekers can look for warning signs during the interview process and through independent research. Pay attention to how the interviewer speaks about company culture, co-workers, and work-life balance. Ask about employee turnover rates, opportunities for growth and development, and how the company handles conflicts or mistakes. Outside the interview, check employee review sites like Glassdoor or Indeed for recurring complaints about toxic behaviours, poor management, or high stress. Reaching out to people in your network who have worked at the company can surface honest experiences that reviews sometimes miss. It can be. There is no standalone legal definition of a toxic workplace, but sustained toxic behaviour frequently triggers obligations or claims under the Fair Work Act 2009 (anti-bullying), the Sex Discrimination Act 1984 (positive duty to eliminate sexual harassment and sex-based discrimination), state WHS legislation covering psychosocial hazard duties, and the general [protection from victimisation](/nz/articles/what-is-unlawful-victimisation-in-the-workplace) frameworks. Sustained toxic culture has also produced significant personal injury claims for psychological harm. Document incidents with specific dates, times, and witnesses. Raise concerns through internal channels first where it is safe to do so, using an anonymous reporting option if available. If internal channels fail, external options include the Fair Work Commission for bullying or general protections, the Australian Human Rights Commission for discrimination, and state WHS regulators for psychosocial hazards. If you have tried internal avenues without success or the toxic culture permeates the entire organisation, it may be time to plan an exit. Sustained exposure to toxic workplaces has documented health impacts, so seeking support through an employee assistance program, GP, or mental health services matters. Fixing a toxic workplace is a multi-step exercise: clear and consistently enforced policies, visible leadership accountability, regular pulse surveys, early intervention on [bullying](/nz/articles/understanding-and-preventing-workplace-bullying) and favouritism, a trusted reporting channel (preferably anonymous), and meaningful action on the issues that surface. Policy change alone rarely works. What consistently works is the combination of measurement, a real feedback loop, and visible consequences for the behaviours that drove the toxicity in the first place. ### Sources 1. Australian Human Rights Commission, National Prevalence Survey of Workplace Sexual Harassment and related discrimination research 2. Gallup, State of the Global Workplace and employee engagement research 3. Ethics and Compliance Initiative, Global Business Ethics Survey 4. Australian Securities and Investments Commission, whistleblower protections guidance 5. Safe Work Australia, Model Code of Practice: Managing psychosocial hazards at work 6. For NZ variant: WorkSafe NZ, Work-related mental health and Preventing and responding to bullying at work guidance; Health and Safety at Work Act 2015 _This article is general information only, not legal advice. Laws change and individual circumstances differ. For advice on your specific circumstances, consult a qualified legal practitioner. See our [Terms of Use](/nz/policies/terms) for the full disclaimer._ ## You might also like --- url: https://elker.com/nz/articles/understanding-and-preventing-workplace-bullying title: "Understanding and Preventing Workplace Bullying 🧑‍🔧" description: "Workplace bullying is a concern across all industries. Learn about its causes and effects and the importance of a proactive strategy for prevention." locale: en-NZ generated: 2026-07-01T14:05:43.832Z --- Aug 30, 2023 # Understanding and Preventing Workplace Bullying [Cultural change](/nz/blog/cultural-change) Workplace bullying remains a significant occupational health concern issue across all industries. Whether overt aggressive confrontations or more covert acts like exclusion, bullying wears many masks. Its negative impact is far-reaching. ![understanding and preventing bullying at working using anonymous reporting](https://media.elker.com/252d17ed-1ca8-4f5a-9068-5a8df0d0052f/preventing-bullying-work.jpeg?width=992) ByElker Editorial TeamReviewed byJack MurrayUpdated22 April 2026 **TL;DR** - Workplace bullying is repeated, unreasonable behaviour directed towards a worker or group of workers that creates a risk to health and safety. The definition is set in section 789FD of the Fair Work Act 2009 (Cth), inserted by the Fair Work Amendment Act 2013. The test requires conduct to be repeated, unreasonable, and to create a health and safety risk. - Bullying takes overt forms (verbal abuse, physical intimidation, offensive communication, unfair allocation of work) and subtler ones (exclusion, gossip, withholding information, cyberbullying, mind games, unjustified criticism). Both are captured by the same legal definition. - Reasonable management action carried out in a reasonable manner is expressly excluded. Performance management, constructive feedback, transfers for operational reasons, and disciplinary action are not bullying, provided they are reasonable and reasonably conducted. - Mobbing is a particular form of bullying where a group coordinates to isolate, humiliate, or push out an individual. It is often enabled by a tolerant workplace culture and is harder to investigate because group dynamics provide plausible deniability. - The Fair Work Commission can issue stop-bullying orders under Part 6-4B of the Fair Work Act. Affected workers may also pursue general protections claims, workers' compensation, or personal injury actions, and employers have duties under state WHS legislation and, in New Zealand, the Health and Safety at Work Act 2015. ## **What constitutes workplace bullying**  Workplace bullying is defined as repeated, unreasonable behaviour directed towards one or more workers. It may be characterised by verbal, physical, or psychological abuse that undermines the employee's performance, safety and mental health. [Bullying can happen online in remote or work-from-home contexts](/nz/articles/combating-virtual-harassment-in-remote-work), or the physical workplace. ### **Overt bullying behaviours** - Verbal abuse, such as being sworn at, threatened, or insulted. - Physical acts, like pushing or shoving. - Intimidating or hostile behaviour towards a staff member. - Abusive communication or sending offensive material. - Threatening body language. - Unfair allocation of tasks, like repeatedly requiring an individual to work beyond regular hours. - Repeatedly offloading work onto a colleague. - Deliberately inconvenience a particular employee by changing the work roster. - Inappropriate interference with personal belongings or work equipment. ### **Subtler forms of bullying in the workplace** - Unjustified criticism or complaints. - Gossip, belittling, and spreading malicious rumours. - Excluding someone from work-related events, activities or conversations. - Withholding critical job-related information to hamper someone's performance. - Unreasonably isolating an employee from peers or team interactions. - Cyberbullying, including using digital platforms to harass, threaten, or demean an individual. - Mind games and practical jokes In a [2016 study by Safe Work Australia](https://www.safeworkaustralia.gov.au/sites/default/files/2021-06/D21%209238%20Psychosocial_health_and_safety_and_bullying_in_australian_workplaces_6th_edition.pdf), over a third of workers have experienced some form of work-related violence or bullying at work at some point in their careers. ## **What isn't workplace bullying?** It's important to distinguish between bullying and legitimate management actions. Reasonable management actions carried out appropriately are not deemed as bullying. For instance: - Giving constructive feedback reasonably toward an employee's work performance. - Setting performance goals and deadlines. - Transferring a worker for operational reasons. - Not promoting the person due to poor performance. - Instituting organisational changes after proper consultation. - Appropriate disciplinary action or reprimanding inappropriate behaviour constructively. - Terminating employment when justified. ## **Causes of bullying at work** Bullying in the workplace is rarely an isolated issue. It frequently stems from broader systemic factors that cultivate a setting where such behaviour can thrive. Various [psychosocial hazards](/articles/psychosocial-hazards-at-work) and other factors can create an environment conducive to bullying, such as: - Impossible jobs and demands. - Power imbalance, where individuals in higher positions misuse their authority. - Unclear job roles or a lack of control over one's tasks. - A workplace culture that tolerates unreasonable behaviours. - Leadership that's either too controlling or completely absent. - Work schedules that are poorly structured or have unrealistic performance expectations. - A sense of isolation or minimal team support. - Small businesses may not have a dedicated health and safety representative or the resources to deal with bullying reasonably. It's worth noting that some demographics, such as young workers, casual employees, or individuals from minority groups, might find themselves more vulnerable to bullying. Their unique position within the workplace dynamics can sometimes make them an easier target. ## **A legal and ethical perspective** From a legal standpoint, workplace bullying poses significant health and safety risks. The Fair Work Amendment Act 2013 (Cth) clearly defines bullying in section 789FD, highlighting the seriousness with which the law views such behaviours.  Essentially, any actions that would make a reasonable person feel intimidated, victimised, humiliated, or threatened can be deemed bullying behaviours. But the responsibility doesn't just lie with the individual perpetrator. Under common law and various federal and state work health and safety legislation, employers have a significant duty to ensure their work environment is devoid of bullying and harassment. Falling short in this duty isn't just an ethical misstep; it's a breach of established legal standards.  **Recent amendments to the Sex Discrimination Act 1984 specifically target bullying,** [**discrimination**](/articles/discrimination-in-the-workplace) **and harassment on the grounds of sex. The employer must** [**eliminate all forms of sex discrimination**](/articles/employment-discrimination-law) **and** [**sexual harassment in the workplace**](/articles/5-risk-factors-for-sexual-harassment-in-the-workplace)**. The Australian Human Rights Commission recently** [**published 7 standards for complying**](/articles/7-standards-positive-duty-sex-discrimination-act) **with these new laws.** ## **The impact of bullying at work** Bullying's effects are more profound than just emotional distress. Those on the receiving end often grapple with psychological and physical health problems, such as: - mental health challenges that include anxiety, panic attacks, depression, lowered self-esteem, and, in some cases, post-traumatic stress disorder. - health effects, ranging from muscular tension to issues with digestion. - a decline in work performance, coupled with increased absenteeism and sick leave. - tense relationships with colleagues, fostering a [toxic work environment](/nz/articles/signs-of-a-toxic-workplace). - in extreme situations, the trauma might push individuals towards self-harm or even suicidal thoughts. ## **What is workplace mobbing?** Mobbing is a form of workplace bullying where a group systematically targets an individual. It's not just a few isolated incidents; it's a coordinated effort to isolate, humiliate, and aggression against a chosen co-worker. While traditional workplace bullying might be the act of one person, mobbing is a collective endeavour, often driven by a dominant "in-group" of co-workers to force conformity or push the individual out. ## **How is mobbing different from typical workplace bullying?**  While workplace bullying typically sees a powerful individual targeting someone in a weaker position, mobbing is more about the collective and the culture. The group dynamics in mobbing offer participants a shield of plausible deniability, making it challenging to pinpoint blame or identify the main culprits. Often, the organisation's culture, either passively or actively, supports this mobbing, with goals like forcing the individual out. ### **Mobbing techniques**  Mobbing has its tactics, ranging from the subtle to the obvious: - Persistent criticism eroding the confidence of the targeted individual. - Baseless blame, accusing without any solid evidence. - Spreading falsehoods or malicious gossip. - Discrimination [based on race, gender, religion, or other factors](/articles/protected-attributes). - Continuous harassment creating a hostile environment. - Consistent ignorance making the individual feel overlooked. - Deliberate isolation from group activities or essential communications. - Introducing unnecessary obstacles, setting the individual up for failure. ### **Causes and risks**  The roots of mobbing are often multifaceted and can stem from: - Conformity: A group's need for uniformity in thought and action. - Low psychological safety: A lack of open communication or an environment where voicing concerns is discouraged. - Intense workloads and tight deadlines amplifying stress. - Competitive performance metrics can create internal rivalries, especially when tied to group goals. - Threat from a high-performing co-worker, especially if they differ in race, gender, or other attributes. - Ambiguous bullying policy providing a grey area where mobbing can flourish. ## **How to respond to workplace bullying** ### **Legal obligations for the employer** The [Fair Work Act](https://www.fairwork.gov.au/employment-conditions/bullying-sexual-harassment-and-discrimination-at-work/bullying-in-the-workplace) has provisions specifically designed to combat workplace bullying. This legislation encompasses many workers, from permanent employees to contractors, apprentices, interns, and volunteers. While the employer has the authority to make performance-based decisions and take disciplinary actions, these decisions must be executed reasonably and with a consistent approach. Ignoring or violating these regulations can result in severe legal repercussions, including penalties and fines. ### **Responsibilities of employees** **Reporting:** Those who witness workplace bullying must report the incidents. Timely reporting addresses the issue and upholds a [safe, respectful work environment](/nz/articles/respect-in-the-workplace). **Supporting:** One of the cornerstones of combating workplace bullying is the solidarity of co-workers. Employees can foster a more inclusive and harmonious workplace by [actively opposing bullying behaviour](/nz/articles/dealing-with-workplace-misconduct) and standing by victims. **Obligations:** For a comprehensive understanding of employer obligations, individuals can refer to resources like the SafeWork NSW website, which delves deeper into the responsibilities of employers in ensuring worker safety. ### **Action steps for victims of bullying and sexual harassment** **Immediate action:** Victims should meticulously document bullying incidents, noting specifics like dates, times, and witnesses. Seeking support, be it within the organisation or externally, is also essential. **External assistance:** Numerous resources are available, from counselling services to legal aid organisations, that can provide advice, guidance, emotional backing, and legal support to workers. **Official complaints:** Victims can lodge an official complaint using the Fair Work Commission's bullying form if bullying continues unabated. ### **Seeking assistance for bullying behaviour** **Early intervention:** Dealing with bullying at its onset can prevent its escalation, offering a more [effective resolution and minimising the trauma](/nz/articles/person-centred-and-trauma-informed-approach) for the victim. This proactive approach also promotes a healthier workplace. **Mental health support:** The emotional and psychological toll of bullying can be overwhelming. Victims need to seek the necessary emotional and social support to navigate this challenging period. **Engaging with HR and management:** HR departments are instrumental in dealing with workplace bullying. They typically have protocols to ensure that complaints are investigated thoroughly and impartially. Moreover, victims must know their reports will be treated with discretion and confidentiality. **State government assistance:** Organisations like [SafeWork NSW](https://www.safework.nsw.gov.au/hazards-a-z/bullying/workplace-bullying) and [WorkSafe Victoria](https://worksafe.vic.gov.au/bullying) offer resources, guidance, and support for bullying victims. They provide preventive advice and assist victims in understanding their legal rights and potential avenues for redress. Additionally, the Fair Work Commission offers free legal advice and an [eligibility quiz](https://www.fwc.gov.au/anti-bullying-eligibility-quiz) where victims can apply for an order to stop workplace bullying.  **Non-government organisations:** The Australian Human Rights Commission website has [resources](https://humanrights.gov.au/our-work/sex-discrimination/positive-duty-sex-discrimination-act) to foster a safe workplace and stop bullying in the workplace. ## What to do if you are being bullied at work If you are a victim of workplace bullying and are facing a mental health crisis, please seek resources and support from [SafeWork NSW](https://www.safework.nsw.gov.au/safety-starts-here/mental-health-at-work-the-basics/bullying/what-you-can-do). For immediate crisis assistance, reach out to [Beyond Blue](https://www.lifeline.org.au/). Workplace bullying has ramifications beyond the immediate victim, affecting the broader workplace environment. Employers, co-workers, and regulatory bodies share the onus of prevention through anonymous reporting and addressing bullying. By [encouraging a speak-up culture](/articles/speak-up-culture) where victims are bystanders who can safely speak out against bullying, the safety and well-being of all employees are protected. If you witness someone being bullied at work, the [following fact sheet](https://humanrights.gov.au/our-work/commission-general/be-supportive-bystander) by the Australian Human Rights Commission may help you be a more supportive bystander. ## **Report workplace bullying with Elker** Workplace bullying, often rooted in silence and fear, thrives when victims and witnesses hesitate to come forward. Elker breaks this cycle by providing an essential platform for employees to voice their concerns anonymously. Anonymous [reporting tools like Elker](/nz/articles/whistleblowing-software) aid workplaces in preventing bullying. They offer a safe channel for individuals to report [misconduct](/nz/articles/serious-misconduct) without fearing retaliation. By providing an avenue for timely reporting, potential issues can be identified and addressed before they escalate into more severe or widespread problems. Beyond just anonymous reporting, Elker's [cultural and pulse surveys](/nz/articles/culture-audit-guide) give employers an in-depth look into the prevailing dynamics of their workplace health. These surveys are pivotal in identifying hidden concerns and revealing behaviour patterns that may go unnoticed. They can spotlight areas or teams with a higher risk of experiencing bullying themselves, allowing for targeted interventions and preemptive measures. ## Summary The overarching goal for every organisation should be to cultivate a culture of trust, openness, and mutual respect where every employee feels valued and protected. With anonymous reporting tools, Elker helps transform workplaces into environments where bullying becomes less of a risk and a culture of empathy and understanding prevails. [Book a demonstration](/nz/book-demo) of the Elker platform and see how we can transform your workplace culture. ### Key takeaways - The three-part test (repeated, unreasonable, risk to health and safety) is the legal threshold. A single serious incident may still be unlawful under other heads of law, but it usually will not meet the section 789FD definition of bullying. - A Safe Work Australia study found that more than a third of Australian workers have experienced work-related violence or bullying at some point in their careers. Underreporting is significant because of fear of retaliation and power imbalance. - Bullying is a psychosocial hazard that employers have a legal duty to manage under state Work Health and Safety legislation, alongside WHS obligations for physical hazards. WorkSafe Victoria, SafeWork NSW, and equivalent regulators have specific guidance. - Mobbing requires a different response to individual bullying because the power dynamic is collective. Addressing it often requires cultural intervention, not just disciplinary action against individuals. - Anonymous reporting is the most practical way to surface bullying early. The workers most affected are often the most reluctant to identify themselves because of the imbalance of power that enabled the bullying in the first place. ## Frequently asked questions Section 789FD of the Fair Work Act 2009, inserted by the Fair Work Amendment Act 2013, defines workplace bullying as repeated unreasonable behaviour directed towards a worker or group of workers that creates a risk to health and safety. All three elements must be present. Reasonable management action carried out in a reasonable manner is expressly excluded, meaning performance management, constructive feedback, and legitimate direction are not bullying even if the worker finds them unpleasant. Traditional bullying usually involves one individual (often in a position of power) targeting another. Mobbing is a coordinated group effort to isolate, humiliate, and push out an individual, often driven by a dominant in-group and enabled by the organisation's culture. Mobbing is harder to investigate because the group dynamic provides plausible deniability, and it usually requires cultural and structural intervention rather than disciplinary action against a single person. Usually not. The section 789FD definition requires conduct to be repeated, so a single incident (even a serious one) typically will not meet the bullying threshold. It may still be unlawful under other heads of law: assault, sexual harassment, [discrimination](/articles/discrimination-in-the-workplace), or a workplace injury claim. Employers should treat single serious incidents as potentially unlawful on their own terms rather than waiting for a pattern to emerge. Yes. Under Part 6-4B of the Fair Work Act, a worker who reasonably believes they are being bullied at work can apply to the Fair Work Commission for a stop-bullying order. If the Commission is satisfied the bullying is occurring and there is a risk it will continue, it can make orders, for example, requiring a specific person not to contact the worker, requiring the employer to revise policies, or adjusting working arrangements. The Commission offers a free eligibility quiz and anti-bullying application process. Employers have a duty to manage bullying as a psychosocial hazard under state Work Health and Safety legislation. This means proactively identifying risks, implementing controls, and providing accessible reporting channels, not just responding to complaints as they arise. Clear policies, leadership accountability, regular training, realistic workloads, and a trusted reporting channel all contribute. The Sex Discrimination Act 1984 positive duty adds a further obligation for sex-based [harassment and discrimination](/articles/5-risk-factors-for-sexual-harassment-in-the-workplace), which often overlaps with bullying in practice. ### Sources 1. Fair Work Act 2009 (Cth), Part 6-4B and section 789FD (as inserted by the Fair Work Amendment Act 2013) 2. Fair Work Commission, Anti-bullying Benchbook and case law 3. Safe Work Australia, Psychosocial health and safety and bullying in Australian workplaces (6th edition, 2021) 4. SafeWork NSW and WorkSafe Victoria, workplace bullying guidance 5. Australian Human Rights Commission, Respect@Work and positive duty resources 6. For NZ: WorkSafe NZ, Preventing and responding to bullying at work guidance; Health and Safety at Work Act 2015 _This article is general information only, not legal advice. Laws change and individual circumstances differ. For advice on your specific circumstances, consult a qualified legal practitioner. See our [Terms of Use](/nz/policies/terms) for the full disclaimer._ ## You might also like --- url: https://elker.com/nz/articles/what-is-unlawful-victimisation-in-the-workplace title: "Victimisation at Work: Definition, Examples, Law (AU)" description: "Workplace victimisation is the unfair treatment of an employee because they made or supported a complaint. Plain-English definition, examples, and the Fair Work Act and Sex Discrimination Act protections." locale: en-NZ generated: 2026-07-01T14:05:43.888Z --- Oct 13, 2023 # What is victimisation? Workplace definition, examples and your legal protections (Australia) [Cultural change](/nz/blog/cultural-change) Workplace victimisation is the unfair treatment of an employee for raising or supporting a complaint. We cover the plain-English definition, real examples, and the Fair Work Act and Sex Discrimination Act protections that apply. ![What is victimisation: A guide for employers](https://media.elker.com/674e9ac1-d1c3-4520-b123-276cde92a345/what-is-victimisation.jpeg?width=992) ByElker Editorial TeamReviewed byJack MurrayUpdated29 April 2026 **TL;DR** - Workplace victimisation is the unfair treatment of an employee because they made or supported a complaint, ranging from exclusion and being labelled a troublemaker to dismissal. - The Fair Work Act 2009 protects employees who exercise workplace rights, raise complaints or inquiries, discuss pay and employment terms, take part in industrial activities, report sexual harassment, or rely on protected attributes such as race, sex, age, and disability. - Protected attributes under the Fair Work Act now include breastfeeding, gender identity, and intersex status, alongside the long-standing grounds. - The Sex Discrimination Act 1984 places a positive duty on employers to actively eliminate sex discrimination, sexual harassment, sex-based harassment, and hostile work environments, with protection from victimisation a core part of that duty. - Commonwealth and state anti-discrimination laws overlap, so employers must comply with both, and victims can escalate unresolved complaints to the Fair Work Commission or an equivalent tribunal. ## Definition of victimisation Victimisation refers to the unfair treatment of an individual because they've made or supported a complaint. This treatment can mean being excluded, labelled as a troublemaker, or even getting fired from a job. It's a form of retaliation that punishes someone for speaking out. ## Protected act under the Fair Work Act 2009 Under the Fair Work Act, employees are legally entitled to take specific actions in the workplace without fear of adverse action or victimisation. These acts are designed to ensure that employees can exercise their rights and responsibilities without being penalised. Protected acts include: - **Exercising workplace rights:** This includes entitlements under workplace laws, instruments, or orders made by industrial bodies. It covers initiating or participating in processes or proceedings under these laws. - **Making complaints or inquiries:** Employees are protected when they make complaints or inquiries about their employment conditions or seek compliance with workplace laws. - **Discussing pay and employment terms:** Employees have the right to discuss their pay and employment terms and conditions and ask other employees about theirs without being forced to disclose this information. - **Industrial activities:** Employees and contractors are free to engage or not engage in lawful activities of industrial associations, like trade unions, without being victimised for their choices. - **Anti-discrimination:** It's unlawful for employers to take adverse action against employees due to protected attributes like race, sex, age, disability, and others. - **Reporting sexual harassment:** The Act prohibits sexual harassment connected to work and protects those who report such incidents. These protections are crucial as they allow employees to assert their rights and address issues without fearing negative consequences from their employer. For more information, read our article: [Protected Attributes Under the Fair Work Act](/articles/protected-attributes). ## **Understanding protected characteristics** An essential aspect of addressing victimisation in the workplace involves understanding 'protected characteristics.' These characteristics, as defined by law, include aspects of an individual's identity such as age, gender, race, sexual orientation, and disability. Recognising these characteristics is crucial because victimisation often occurs when an employee is treated unfairly for exercising their rights related to these aspects of their identity. Whether it's standing up against discrimination, reporting sexual harassment, or supporting a colleague in their complaint, the law safeguards individuals from being victimised for actions connected to these protected characteristics. By comprehending what constitutes a protected characteristic, both employees and employers can better identify and address instances of victimisation, contributing to a more inclusive and respectful workplace environment. The [Fair Work Act](https://www.fairwork.gov.au/employment-conditions/protections-at-work/protection-from-discrimination-at-work) has recently expanded its protected attributes to include breastfeeding, gender identity and intersex status. ## The role of the Sex Discrimination Act in preventing victimisation In addition to the Fair Work Act 2009, the Sex Discrimination Act 1984 plays a pivotal role in safeguarding employees from victimisation. The Act has been instrumental in establishing a positive duty for employers to actively eliminate [discrimination](/articles/discrimination-in-the-workplace) and [harassment in the workplace](/nz/articles/combating-virtual-harassment-in-remote-work). Key aspects of the Act include: - **Eliminating discrimination based on sex:** The Act mandates employers to take proactive steps to prevent discrimination on the grounds of sex, ensuring a fair and equitable workplace for all genders. - **Addressing sexual harassment:** It places a responsibility on employers to create a [work environment free from sexual harassment](/articles/5-risk-factors-for-sexual-harassment-in-the-workplace), protecting employees who report such incidents from any form of retaliation. - **Tackling sex-based harassment:** The Act extends its protection to include sex-based harassment, ensuring that employees can report such issues without fear of victimisation. - **Eliminating hostile workplace environments:** Employers are required to take measures to prevent the creation of a hostile workplace environment on the ground of sex, thereby safeguarding employees from related acts of victimisation. This emphasis on the positive duty of employers under the Act is a significant step forward in encouraging employees to [speak up about workplace issues](/articles/speak-up-culture) related to discrimination, sexual harassment, and other gender-based challenges. It reinforces the legal framework that protects employees from victimisation, fostering a more respectful and inclusive workplace culture. ## Examples of victimisation in the workplace Victimisation often arises when someone makes a complaint about being mistreated due to one of these protected characteristics or supports someone else in making such a complaint. There are instances where a complaint of discrimination or victimisation has led to adverse actions, such as being fired. Here are some examples of how victimisation can present itself in the workplace: - **Repercussions after complaints:** Employees who raise concerns about discrimination or harassment may face unexpected disciplinary actions or exclusion from key meetings despite their complaints being valid and justified. - **Threats for supporting a co-worker:** Supporting a colleague's complaint about [misconduct](/nz/articles/dealing-with-workplace-misconduct) can result in intimidation or isolation from management or other team members. - **Retaliation for being a witness:** Employees who witness and report discriminatory actions, like race-based discrimination or [workplace bullying](/nz/articles/understanding-and-preventing-workplace-bullying), may experience subtle forms of retaliation, such as unwarranted warnings. - **Career opportunities denied:** One of the more insidious forms of victimisation is the denial of career opportunities. An employee who has made or supported a complaint might be passed over for promotions or given fewer opportunities for professional development, even if they are well-qualified. - **Unfair dismissal or demotion:** In extreme cases, an employee might be demoted or even dismissed after raising concerns about sexual harassment. This severe form of victimisation sends a chilling message to other employees about the potential consequences of speaking out. These examples illustrate the different ways victimisation can impact the morale and wellbeing of employees, underlining the importance of awareness and proactive measures to prevent such occurrences in the workplace. ## **The right to make a complaint** Some [Commonwealth and state laws protect employees against discrimination](/articles/employment-discrimination-law), harassment and victimisation, such as the _Sex Discrimination Act 1984_, _Age Discrimination Act 2004_ and _Racial Discrimination Act 1975_. The Australian Human Rights Commission website has a helpful [guide](https://humanrights.gov.au/__data/assets/file/0025/56806/GPGB_quick_guide_to_discrimination_laws.pdf) to understanding the various laws that cover these unlawful acts. State and Commonwealth laws overlap, and employers are required to comply with both. Employees should confidently voice concerns about discrimination or sexual harassment, knowing that retaliation is unlawful. Employees can escalate their complaints to an employment tribunal for a [formal resolution if victimisation persists](https://www.fwc.gov.au/apply-or-lodge/who-australias-national-workplace-relations-system-covers). Beyond addressing individual complaints, employers bear a significant responsibility. They are mandated to foster an environment that responds to and actively prevents discrimination, harassment, and victimisation. This proactive approach is vital to [cultivating a respectful and inclusive workplace](/nz/articles/respect-in-the-workplace). ![What is victimisation: Advice for employers](https://media.elker.com/84f74ed3-e501-450c-8a25-79c77a411356/victimisation-advice-employers.png?width=992) ## **Advice for employees** Those who have experienced victimisation should be proactive in seeking support and understanding their rights. Signs can range from subtle shifts like feeling isolated from colleagues to more overt changes such as unexplained increases in workload or alterations in job responsibilities. If you suspect you're being victimised, it's vital to maintain a detailed record of incidents and related communications. This documentation can serve as evidence should you decide to take further action. It's also beneficial to seek guidance from HR professionals, legal counsel, or support groups on navigating potential claims or actions. Familiarise yourself with the legal timeframes; there are often strict deadlines for making claims related to workplace issues. Lastly, act promptly. The sooner you address the issue, the more options you'll have, and the better positioned you'll be to protect your rights and wellbeing. If your workplace has an anonymous reporting platform or [whistleblowing hotline](/articles/ethics-hotline), these tools can help report acts of victimisation without revealing your identity. In most cases, senior management should work promptly to rectify the initial complaint and the consequential acts of retribution. ## **Advice for employers** For employers, creating a workplace free from victimisation is not just a legal obligation but a moral one. The first step is to foster a positive [workplace culture](/nz/articles/culture-audit-guide) where workers feel comfortable communicating their concerns. This openness can be enhanced by implementing clear policies and procedures that explicitly address and prevent victimisation. Regular training sessions are essential. By educating staff on sexual harassment, discrimination, bullying, and victimisation, employers can ensure that everyone understands what constitutes inappropriate behaviour and how to avoid it. When complaints arise, they must be treated with the gravity they deserve. Swift, thorough investigations are crucial, and maintaining accurate records of these investigations can protect both the employee and the company. Lastly, employers should be acutely aware of the compliance landscape. Understanding the potential legal ramifications and consequences of allowing victimisation to persist is crucial for the company's reputation and financial wellbeing. Proactive measures and a genuine commitment to a respectful workplace can mitigate these risks. Employers should stay informed about the latest from the Fair Work Commission, [Respect@Work](/articles/what-the-respect-at-work-bill-means-for-your-business) and work health and safety laws on victimisation. ![What is victimisation: How anonymous reporting tools can help](https://media.elker.com/e06f7926-c142-4bdd-8e24-81ef2290b275/victimisation-anonymous-reporting.png?width=992) ## **How anonymous reporting protects employees** An [anonymous reporting system](/nz/articles/whistleblowing-software), or whistleblowing hotline, can play a significant role in safeguarding employees. These systems provide a layer of safety and confidence by ensuring that individuals can voice their concerns without revealing their identity. Anonymity often leads to more honest reporting; when employees are assured of their privacy, they are more likely to come forward with genuine concerns without fearing backlash. [Whistleblowing laws](/nz/articles/what-is-whistleblowing) further bolster this protection. These laws are designed to shield individuals who expose [misconduct](/nz/articles/serious-misconduct)within an organisation, ensuring they aren't victimised for their actions. Such legal protections underscore the importance of standing up against wrongdoing without facing repercussions. Employers are responsible for creating a positive workplace culture where employees trust that the system will not fail them. It is important to foster a culture where individuals feel secure reporting concerns, knowing they won't face retaliation. In such a culture, anonymous reporting doesn't just protect employees; it [strengthens the integrity of the entire organisation](/nz/articles/anonymous-reporting-advantages-disadvantages). ## How Elker can help Elker is an anonymous reporting platform that helps employees speak up on issues in the workplace. Elker's comprehensive case management and privacy-focused tools simplify the process for employees to make a complaint or raise a concern. Elker provides additional tools, such as employee feedback and [pulse surveys](/nz/articles/employee-engagement-survey-questions), to help detect issues early on. Taking proactive measures can minimise harm to the person making a complaint of victimisation, and, ultimately, protect your business or organisation from litigation and reputational loss. Additionally, Elker assists Australian organisations in staying compliant with the positive duty under the Sex Discrimination Act. To know more, view our article on the [7 standards for positive duty compliance](/articles/7-standards-positive-duty-sex-discrimination-act). Find out how Elker can help your organisation by viewing all the [platform's features](/nz/features) and [booking a demonstration](/nz/book-demo). ### Key takeaways - Treat victimisation as a separate risk from the original complaint. Even when an employer handles the underlying issue, retaliation against the complainant exposes the organisation to a fresh legal claim and additional reputational harm. - Watch for subtle retaliation patterns, not just dismissals. Withholding promotions, fewer development opportunities, exclusion from key meetings, sudden disciplinary action, and unwarranted warnings are all common forms regulators recognise. - Document everything. Detailed records of incidents, communications, and decisions protect employees making a complaint and protect employers when defending an investigation outcome. - Act on complaints quickly. Strict legal time limits apply, and delay rarely benefits either side. Employers should run swift, thorough investigations and keep accurate records throughout. - An anonymous reporting channel is one of the strongest controls available. By breaking the obvious link between the complaint and the complainant, it reduces the opportunity for retaliation and gives employees more confidence to speak up early. ## Frequently asked questions Victimisation is the unfair treatment of an employee because they made or supported a complaint, or exercised a workplace right. Common examples include disciplinary action after raising a concern, exclusion from meetings, intimidation for backing a colleague, unwarranted warnings, being passed over for promotions, and demotion or dismissal after reporting [sexual harassment or bullying](/nz/articles/understanding-and-preventing-workplace-bullying). Each of these is a separate breach of the law from whatever conduct triggered the original complaint. Yes. The Fair Work Act and the Sex Discrimination Act protect employees who support, witness, or give evidence in a complaint, not only the person who made it. Threats, isolation, or retaliation aimed at supporters and witnesses is unlawful, and the same legal remedies apply. Several overlap. The Fair Work Act 2009 protects employees who exercise workplace rights, raise complaints, discuss pay, take part in industrial activities, or rely on [protected attributes](/articles/protected-attributes). The Sex Discrimination Act 1984, Racial Discrimination Act 1975, and Age Discrimination Act 2004 each prohibit victimisation in their respective domains. State and territory equal opportunity laws apply alongside Commonwealth laws, and employers must comply with both. Keep a detailed written record of incidents, dates, witnesses, and related communications. Seek guidance from HR, legal counsel, or a support service, and check the time limits for any formal claim, which can be short. Report the conduct through your employer's internal channels, and if your workplace offers an anonymous reporting platform or [whistleblowing hotline](/articles/ethics-hotline) consider using it to flag the retaliation alongside the original complaint. Build a [respectful workplace culture](/nz/articles/respect-in-the-workplace) where employees can raise concerns without fear, publish clear policies that explicitly prohibit victimisation, train managers and staff on what victimisation looks like, and run swift, thorough, and well documented investigations when complaints arise. The positive duty under the Sex Discrimination Act 1984 makes this proactive prevention a legal expectation, not a nice-to-have. ### Sources 1. Fair Work Act 2009 (Cth), Part 3-1, General protections provisions against adverse action 2. Sex Discrimination Act 1984 (Cth), prohibition of victimisation and the positive duty 3. Racial Discrimination Act 1975 (Cth) and Age Discrimination Act 2004 (Cth) 4. Anti-Discrimination and Human Rights Legislation Amendment (Respect at Work) Act 2022 (Cth) 5. Australian Human Rights Commission, A Quick Guide to Australian Discrimination Laws, and guidance on the positive duty 6. Fair Work Ombudsman, Protection from discrimination at work, and Fair Work Commission, General protections information for applicants _This article is general information only, not legal advice. Laws change and individual circumstances differ. For advice on your specific circumstances, consult a qualified legal practitioner. See our [Terms of Use](/nz/policies/terms) for the full disclaimer._ ## You might also like --- url: https://elker.com/nz/articles/what-is-whistleblowing title: "What Is Whistleblowing? Definition and Benefits | Elker" description: "Understand the key concepts of whistleblowing. 🛡️ Foster a speak-up culture and shield your company's reputation and bottom line." locale: en-NZ generated: 2026-07-01T14:05:43.938Z --- Nov 5, 2020 # What is whistleblowing? Understand the benefits and obligations [Compliance](/nz/blog/compliance)[Reporting](/nz/blog/reporting) Understand the benefits of a secure whistleblowing program and your obligations to protect those who speak up. ![What is whistleblowing - a guide for Australian employers](https://media.elker.com/be0f2beb-6985-49d8-8d88-6ba1b1d0f4f9/what-is-whistleblowing.png?width=992) ByElker Editorial TeamReviewed byJack MurrayUpdated22 April 2026 **TL;DR** - Whistleblowing is the disclosure of illegal or unethical activities, such as fraud, data mishandling, harassment, discrimination, malpractice, human rights violations, environmental damage, or non-compliance, to a person or body with authority to act on them. - Whistleblowing can be internal (to a compliance function or ethics hotline), external (to regulators, law enforcement, media, or NGOs), or anonymous through third-party channels that protect the reporter's identity. - In Australia, protections sit primarily in the Corporations Act 2001 (Cth) and the Taxation Administration Act 1953 (Cth). The Treasury Laws Amendment (Enhancing Whistleblower Protections) Act 2019 broadened the definitions of eligible whistleblower and eligible recipient, expanded the categories of protected disclosure, and strengthened confidentiality and anti-retaliation rules. - Public companies, large proprietary companies, and corporate trustees of APRA-regulated superannuation entities are required to maintain a whistleblower policy, and ASIC publishes guidance on establishing and operating one. - Anonymity and confidentiality are load-bearing. The identity of the whistleblower must be protected, and encrypted reporting channels with anonymous two-way messaging remain the most effective way to surface concerns employees would otherwise keep to themselves. Whistleblowing is essential in maintaining accountability and transparency within organisations. It takes courage to expose [misconduct](/nz/articles/dealing-with-workplace-misconduct). Understanding the legal protections and benefits available to whistleblowers is crucial. In this article, we'll explore whistleblowing, its definition, types, legal frameworks, and its impact on organisations and society. ## Key Takeaways - Whistleblowing is the disclosure of information about unlawful and unethical activities. - It can be classified into internal, external or anonymous channels with legal protections for whistleblowers in corporate and [aged care sectors](/articles/whistleblowing-in-aged-care). - Best practices include creating clear policies, encouraging whistleblowing and anonymous reporting and fostering a culture of openness within organisations. ## Definition of whistleblowing Whistleblowing is the act of disclosing illegal or unethical activities to a responsible person or organisation. Whistleblowers can report various issues, including:  - fraud - data mishandling - [sexual harassment](/articles/5-risk-factors-for-sexual-harassment-in-the-workplace) - [discrimination](/articles/discrimination-in-the-workplace) - malpractice - human rights violations - physical abuse - [online harassment](/nz/articles/combating-virtual-harassment-in-remote-work) - environmental damage - non-compliance They may disclose the wrongdoing to their employer, an external government agency, the media, or another organisation. ## Types of whistleblowing Whistleblowing can be classified into specific categories like **internal**, **external**, and **anonymous**, depending on the reporting channels employed. Internal or corporate whistleblowers are employees who report unethical or illegal actions by a fellow employee or superior within their company, often to an internal compliance department or [ethics hotline](/articles/ethics-hotline). Making reporting channels available internally allows organisations to address issues directly and demonstrate their commitment to ethical practices. External whistleblowing, on the other hand, involves reporting misconduct to outside individuals or organisations, such as: - Government agencies - The media - Lawyers - Law enforcement - NGOs Other local, state, or federal agencies that may handle workplace disputes or other relevant issues. Anonymous whistleblowing utilises external channels to protect the anonymity of whistleblower complaints. Third-party channels, such as whistleblowing hotlines, provide toll-free phone numbers and/or web or [app-based solutions](/nz/articles/whistleblowing-software)that utilise encryption to guarantee the anonymity of the whistleblower. **Using a dedicated service provider for whistleblowers can have a beneficial effect on an organisational culture.** ## Who can be a whistleblower? Potential whistleblowers can come from diverse backgrounds, such as employees, contractors, or even the public. They possess knowledge of malpractices within an organisation and should be aware of their whistleblower rights and protections, including the importance of the whistleblower’s confidentiality. In many countries, legal protections exist to safeguard whistleblowers from retaliation and ensure their confidentiality when making a protected disclosure, also known as a public interest disclosure. ## Legal framework for whistleblower protections Whistleblower laws can vary substantially between countries, with some offering exhaustive whistleblower protection while others have scant or no legal safeguards. For example, the federal government has a statute in place to protect all federal employees from personnel action if they disclose information they reasonably believe is a legal obligation, such as: - a violation of law, potentially leading to civil penalties - gross mismanagement - gross waste of funds - abuse of authority - a substantial and specific danger to public safety or health, which is in the public interest. ### Australian laws and policies In Australia, a comprehensive set of laws and policies have been put in place to ensure whistleblower protection in both corporate and not-for-profit sectors. These protections are outlined in the Corporations Act 2001 and the Taxation Administration Act 1953. Under these laws, public companies, large proprietary companies, and corporate trustees of APRA-regulated superannuation entities are required to have robust whistleblower policy. For those organisations that aren't required to have a whistleblower policy, it is still advisable to have a plan in place. A policy must cover several critical aspects to ensure protection for whistleblowers. Firstly, it should outline the legal protections available to whistleblowers. These whistleblower protections include immunity from civil, criminal, and administrative liability for making the disclosure. It also protects them from contractual or other remedies based on the disclosure. Interestingly, whistleblowers no longer need to act in good faith to be protected under these Australian laws. However, they must have reasonable grounds to suspect misconduct or a breach of law. Secondly, the policy must describe the company’s process for investigating disclosures. This involves a fair and objective process that [respects the rights of all individuals](/nz/articles/respect-in-the-workplace) involved and ensures that the investigation is carried out competently and impartially. Finally, the policy should detail the steps to protect whistleblowers from detriment. This includes measures to protect the whistleblower's identity and prevent retaliation, such as dismissal, harassment, or discriminatory treatment. The [Australian Securities and Investments Commission](https://asic.gov.au/about-asic/asic-investigations-and-enforcement/whistleblowing/) (ASIC) provides advice for whistleblowers, as well as practical guidance for companies on how to establish, implement, and maintain a whistleblowing policy. This guidance includes how to handle and investigate a disclosure and how to support and protect the whistleblower. ### Enhancing Whistleblower Protections Act The _Treasury Laws Amendment (Enhancing Whistleblower Protections) Act 2019_ brought about significant changes to the _Corporations Act 2001_ (Cth) and the _Tax Administration Act 1953_ (Cth). It affected all businesses, not-for-profit organisations operating as public companies. The changes included a broader scope of protected disclosures, encompassing not just criminal violations but also breaches of tax, ASIC and APRA laws and disclosures about systemic workplace issues. The categories of 'eligible whistleblowers' and 'eligible recipients' of disclosures have also been broadened. Now, anyone who has ever had a relationship with a company and senior managers, directors, auditors, and, in certain situations, journalists and politicians can be considered an eligible whistleblower. Finally, whistleblowers now have stronger protections, including enhanced immunity from prosecution, assurance of anonymity, and protection against [victimisation](/nz/articles/what-is-unlawful-victimisation-in-the-workplace). Whistleblowers no longer need to act in good faith to be protected, but they do need to have reasonable grounds to suspect misconduct. ### International laws and regulations International laws and regulations, such as the [European Union’s whistleblower directive](/articles/eu-whistleblowing-directive-safer-workplace), provide varying levels of protection for whistleblowers. The European Union’s directive safeguards a broad range of free speech for whistleblowers, including journalists across all member states. It applies to both public and private sectors. The European Court of Human Rights made a landmark decision. They established that whistleblowing should be regarded as a form of freedom of expression. This historic ruling has far-reaching implications, as it recognises the important role whistleblowers play in maintaining transparency, accountability, and integrity in various sectors, from government institutions to private corporations. By equating whistleblowing with freedom of expression, the court underscored the necessity of safeguarding those who expose [serious misconduct](/nz/articles/serious-misconduct), malpractices, or wrongdoing. This is a significant step forward in the fight against corruption and the promotion of ethical conduct. It sends a clear message that whistleblowers should be protected, not persecuted, for their courage and commitment to upholding the public interest. ## The process of whistleblowing Whistleblowing entails recognising malpractice, conveying it through suitable channels, and managing the potential fallout and repercussions. Whistleblowers must gather evidence of wrongdoing, such as violations of laws, mismanagement, or threats to public health and safety, and decide on the best course of action. The decision to become a whistleblower is a difficult one, as it can have personal and professional implications. It requires a great deal of courage and moral conviction to step forward and call out unethical or illegal practices. The whistleblower often risks their career, reputation, and in some cases, personal safety to ensure that the truth is brought to light. This decision is not taken lightly and involves careful consideration of the potential consequences, the importance of the issue at hand, and the potential benefits that could result from the disclosure. Despite the challenges, many choose this path in the pursuit of justice, accountability, and the greater good. ## **Whistleblowing vs. anonymous reporting? What's the difference?** Whistleblowing refers to individuals stepping forward to disclose misconduct or wrongdoing, ranging from serious violations to health risks or any activity detrimental to people, the organisation, or society. On the other hand, anonymous reporting provides a means for this disclosure. It's the avenue where employees can share their concerns without revealing their identity, ensuring their protection and anonymity. Implementing robust and secure anonymous reporting channels is vital for businesses and institutions. Platforms like Elker provide a secure environment for this, using encrypted tools that let stakeholders highlight everything from minor inconsistencies to significant misdeeds without fear of backlash. Encouraging whistleblowing in professional settings serves two purposes. First, it aids companies in pinpointing and mitigating potential risks swiftly. Second, it cultivates an organizational culture where individuals are motivated to speak up. This proactive approach safeguards a positive work atmosphere and prevents unforeseen crises. ## Benefits of whistleblowing for public interest Whistleblowing can facilitate the detection of fraud, including fraud on someone’s health, waste, and abuse, thereby promoting more effective and efficient organisations. By bringing unethical practices to light, blowing the whistle can help eliminate corporate crimes, reshape company cultures, and safeguard victims from potential harm. It can also serve as a powerful tool to uncover and rectify misconduct within organisations, promote transparency and accountability, and ultimately lead to a healthier and more ethical work environment. By exposing wrongdoing, whistleblowers can play a pivotal role in maintaining the integrity of an organisation. They serve as a check and balance, ensuring that ethical standards are upheld and that any deviations from these standards are promptly addressed. This can lead to improved organisational performance, increased trust among stakeholders, and a stronger reputation for the organisation in the long run. Enhanced transparency and responsibility are among the key [advantages of whistleblowing](/articles/advantages-of-whistleblowing-in-the-workplace), as organisations are held accountable for their actions and the public is made aware of any misconduct. ## Encourage internal whistleblowing with Elker Whistleblowing in the workplace requires the development of effective policies and fostering an atmosphere of openness within organisations. By putting in place clear policies that outline how to report misconduct and the protections that whistleblowers can expect, organisations can create an environment that encourages employees to voice their concerns without fear. 1. **Ensure that employees are aware of the policies and that they are regularly updated:** This can be accomplished through regular training sessions, company-wide meetings, and the use of internal communication channels. It is also beneficial to include information about whistleblowing policies in employee handbooks and onboarding materials. Regularly updating these policies is crucial to reflect changes in legal requirements and best practices. 2. **Implement whistleblowing software or** [**anonymous reporting**](/nz/articles/anonymous-reporting-advantages-disadvantages) **channel: It is crucial to choose an appropriate channel for anonymous reporting concerns**. This might be an internal mechanism set up by the company or an external, third-party tool like [Elker](/nz/features) to manage whistleblower reports. These platforms ensure confidentiality and often come with additional features that can help streamline the reporting process. 3. **Conduct regular** [**cultural audits**](/nz/articles/culture-audit-guide)**:** Through anonymous surveys, [gather insights about the workplace culture](/nz/articles/employee-engagement-survey-questions), cybersecurity practices, and general conduct. This proactive approach can help in the early detection of potential issues and reinforces the idea that management values employee feedback and is keen on fostering a positive work environment. 4. **Invest in staff training:** It's not enough to have a system; staff should be educated about it. Equip your employees with the knowledge and resources they need to report confidently. Similarly, managerial staff must be trained in handling these reports, ensuring they address them sensitively and effectively. 5. **Foster a safe and transparent workplace:** Establish a robust company policy encouraging open communication. This policy should promote a safe environment for employees to voice their concerns without fear of retaliation. Furthermore, consistently communicating this policy reinforces the company's commitment to transparency and ethical conduct. 6. **Protection against retaliation:** One of the primary reasons employees hesitate to blow the whistle on wrongdoing is the fear of retaliation. Ensure stringent whistleblower protections are in place for those who come forward, and communicate these protections regularly. 7. **Evaluation and constant improvement:** Companies can proactively address concerns by analysing recurring patterns in reports and gathering insights from managers. This iterative, data-driven approach ensures the prompt resolution of issues and paves the way for broader organisational reforms. ## Summary Whistleblowing plays a pivotal role in promoting accountability and transparency within organisations. Understanding the legal protections, benefits, and challenges associated with whistleblowing is essential for both potential whistleblowers and organisations. By developing effective policies and fostering a culture of openness, organisations can support whistleblowers and ensure that misconduct is addressed and rectified. ## How can whistleblowers protect their confidentiality? Whistleblowers can protect their confidentiality by using anonymous reporting channels like third-party hotlines. These hotlines or platforms ensure the whistleblower's identity remains concealed, providing an extra layer of security. They often use [advanced encryption technology](/nz/security) to protect the information shared, ensuring that the data cannot be traced back to the whistleblower.  Furthermore, these channels typically allow for continuous communication between the whistleblower and the investigating body without revealing the whistleblower's identity. This ensures that the whistleblower can provide additional information or clarification if needed, without fear of exposure. By taking advantage of these anonymous reporting channels, whistleblowers can play a crucial role in promoting accountability and transparency, while also protecting their personal and professional lives. Tools like Elker can help organisations become compliant and protect their employees. ## What legal protections are available for whistleblowers? Whistleblowers can benefit from legal protections, such as the prevention of retaliation, guarantee of confidentiality, and potential for financial incentives, depending on the jurisdiction. In Australia, whistleblowers have protections outlined in the [Corporations Act 2001](/articles/corporations-act-whistleblower-protections) and the Taxation Administration Act 1953. Under these laws, whistleblowers are shielded from civil, criminal, and administrative liability for making the disclosure. They are also protected from contractual or other remedies based on the disclosure. Importantly, whistleblowers do not need to act in good faith to be protected under these Australian laws. However, they must have reasonable grounds to suspect misconduct or a breach of law. The laws also provide measures to protect the whistleblower's identity and prevent retaliation, such as dismissal, harassment, or discriminatory treatment. Furthermore, the Treasury Laws Amendment (Enhancing Whistleblower Protections) Act 2019 has broadened the scope of protected disclosures and enhanced protections for whistleblowers, including assurance of anonymity and protection against victimisation. ### Key takeaways - Whistleblowing law in Australia no longer requires the reporter to have acted in good faith. The test is whether they have reasonable grounds to suspect misconduct, which significantly lowers the bar for qualifying for protection. - A compliant whistleblower policy must cover three separate things: the legal protections available, the investigation process, and the steps taken to prevent detriment. Organisations that focus only on one of these are exposed. - Anonymous reporting is a technical problem as much as a legal one. Encryption, metadata stripping, and two-way messaging are what make anonymity actually workable, rather than nominal. - Whistleblowing and anonymous reporting are related but distinct. Whistleblowing is the act of disclosing wrongdoing, anonymous reporting is one delivery channel for it, and most organisations need the channel to unlock the act. - Culture, training, and leadership tone determine whether a policy is used. The policy itself is the minimum, not the intervention. ## Frequently asked questions Whistleblowing is disclosing information about illegal or unethical conduct in an organisation to someone with authority to act on it. Examples include fraud, data mishandling, harassment, discrimination, human rights violations, environmental damage, and non-compliance. Under the [Corporations Act 2001](/articles/corporations-act-whistleblower-protections), the conduct must involve misconduct or an improper state of affairs in a regulated entity. A personal work-related grievance does not qualify. The Treasury Laws Amendment (Enhancing Whistleblower Protections) Act 2019 expanded the definition of eligible whistleblower to include current and former employees, officers, contractors, suppliers, and their relatives and dependants. Senior managers, directors, and auditors are also eligible recipients, and in some cases journalists and members of parliament can receive public interest or emergency disclosures. No. Under the 2019 reforms, the good-faith requirement was removed. Whistleblowers need reasonable grounds to suspect misconduct or a breach of the law, but their motivation is no longer a barrier to protection. This was a deliberate policy choice to encourage more disclosures. Whistleblowing is the act of disclosing misconduct. Anonymous reporting is a delivery channel that lets someone make that disclosure without revealing their identity. The two are often discussed together because [anonymous reporting platforms](/nz/articles/anonymous-reporting-advantages-disadvantages) remove one of the biggest barriers to whistleblowing, fear of retaliation, but you can have one without the other. In Australia, public companies, large proprietary companies, and corporate trustees of APRA-regulated superannuation entities must have a compliant whistleblower policy under the Corporations Act. Smaller organisations are not legally required to have one but are strongly encouraged to, both for risk management and to support a [speak-up culture](/articles/speak-up-culture). ASIC provides detailed guidance on what the policy should contain. ### Sources 1. Corporations Act 2001 (Cth), Part 9.4AAA, whistleblower protection provisions 2. Taxation Administration Act 1953 (Cth), whistleblower protection provisions 3. Treasury Laws Amendment (Enhancing Whistleblower Protections) Act 2019 (Cth) 4. ASIC Regulatory Guide 270: Whistleblower policies 5. European Court of Human Rights, jurisprudence recognising whistleblowing as a form of freedom of expression 6. ISO 37002:2021, Whistleblowing management systems, Guidelines _This article is general information only, not legal advice. Laws change and individual circumstances differ. For advice on your specific circumstances, consult a qualified legal practitioner. See our [Terms of Use](/nz/policies/terms) for the full disclaimer._ ## You might also like --- url: https://elker.com/nz/articles/whistleblowing-software title: "Best Whistleblowing Software 2026 (15 Vendors Compared)" description: "15 whistleblowing software platforms compared for 2026 across security, anonymous intake, case management, analytics, and regulatory coverage (EU Directive, Corporations Act, SOX). Includes feature matrix and best-fit guidance." locale: en-NZ generated: 2026-07-01T14:05:44.048Z --- Jan 8, 2025 # Best whistleblowing software 2026: 15 vendors compared (features, pricing, compliance) [Reporting](/nz/blog/reporting) A 2026 comparison of 15 whistleblowing software platforms across security, anonymous intake, case management, analytics, and regulatory coverage (EU Whistleblowing Directive, Australian Corporations Act, Sarbanes-Oxley). Includes a feature matrix and best-fit guidance by company size. ![Best Whistleblowing Software 2025](https://media.elker.com/9a3b68e0-4dc7-4f45-aa3a-6bfd5894b9be/essential_guide_to_whistleblowing_f2c930ce0e.png?width=992) ByElker Editorial TeamReviewed byJack MurrayUpdated29 April 2026 **TL;DR** - Whistleblowing software is a purpose-built platform for receiving, triaging, investigating, and reporting on disclosures of workplace misconduct. A compliant system covers security, anonymous intake, case management, analytics, usability, integrations, training, and data protection in a single workflow. - End-to-end encryption, ISO 27001 alignment, and a clear data policy are baseline security requirements. Anything short of that exposes the organisation and the reporter. - Anonymous two-way messaging (secure live chat) is the capability that turns a reporting form into a real whistleblowing channel. It lets investigators follow up without identifying the reporter and handles both anonymous and confidential reporting modes. - Case management, analytics, and dashboards convert raw disclosures into decisions. Look for intuitive routing, status tracking, trend analysis, and board-ready reports. - Regulatory alignment matters. Good platforms explicitly list the regimes they comply with (Corporations Act in Australia, EU Whistleblowing Directive, Sarbanes-Oxley, Protection of Whistleblowers Act) and are often founded by people with legal or compliance backgrounds. ## Comparison table Scroll to the right to see the features comparison between top whistleblowing software providers. Pricing Based in Market Features Anonymous reporting Confidential reporting Voice reporting Pulse surveys Advanced case management Analytics iPhone/Android app In-app legal expertise Personalised onboardings End-to-end encryption Languages Auto-translation Compliance ISO 27001 SOC 2 SOX (USA) EU Directive (EU) GDPR (EU) Corporations Act (AU) Sex Discrimination Act (AU) [Elker](https://elker.com) Price on request Australia ANZ & International All [FaceUp](https://www.faceup.com/en) From $49 USD/month Czechia International via partners 113 [Whistleblower Software](https://whistleblowersoftware.com/en) From €70/month Denmark International via partners 80 [AllVoices](https://www.allvoices.co) From $110 USD/month USA International English To English [Falcony](https://www.falcony.io) From €120/month Finland EU 29+ [Whistlelink](https://www.whistlelink.com) From €49/month Sweden International (EU focus) via partners 1+ [Suggestion Ox](https://suggestionox.com) From $83 USD/month USA USA English [CaseIQ](https://www.caseiq.com/) Price on request Canada International 150+ [Canary](https://www.canary-whistleblowing.com/en/) Price on request Indonesia, Malaysia, Thailand Southeast Asia 3+ [Vault Platform](https://vaultplatform.com) Price on request United Kingdom International (EU/US focus) 75 [Legality Whistleblowing](https://www.whistleblowing.software/en/app-legality-whistleblowing-software/) From €29/month Italy EU 10+ [Whistle Willow](https://scrummaister.com/ww) 50c/user/month Sweden EU [Navex One](https://www.navex.com/en-us/products/) From €133/month USA International 10+ [EQS Integrity Line](https://www.eqs.com/compliance-solutions/integrity-line/) Price on request Germany International 80+ [Ethico (formerly ComplianceLine)](https://ethico.com) Price on request USA International All Note: the information in this table has been sourced from publicly available data. If there are any inaccuracies, please [contact us](/nz/contact). ![Elker's iOS and Android apps for anonymous reporting in the workplace](https://media.elker.com/c076908e-c597-4956-b3d7-5b1882a9d7d8/elker-ios-android-app.png?width=992) [ ## 1\. Elker ](https://elker.com) Price: [Price on request](/nz/pricing) Based in: Australia Market: Australia, New Zealand & International Elker is a powerful and configurable anonymous reporting platform. It empowers employees to voice concerns on issues such as sexual harassment, [discrimination](/articles/discrimination-in-the-workplace), financial misconduct, and work health and safety. Crafted by legal professionals with a deep understanding of Australia and New Zealand's regulatory landscape, Elker aligns with key Australian legislation including the Sex Discrimination Act, Workplace Health and Safety laws, Corporations Act, [Public Interest Disclosure Act](/articles/public-interest-disclosure-act-2013), and [Respect@Work reforms](/articles/what-the-respect-at-work-bill-means-for-your-business). Elker also aligns with best practices for due diligence in the Health and Safety at Work Act, the Protected Disclosures (Protection of Whistleblowers) Act and the Human Rights Act in New Zealand. The platform offers [advanced features](/nz/features) such as comprehensive case management pathways, group reporting, pulse surveys, and real-time analytics tailored to fit each organisation's unique needs. Built with ISO 27001 standards, Elker assists businesses in the early detection of workplace issues, contributing to a safer and more inclusive work environment. Elker is used by the University of Melbourne, Allens, Fujitsu and Stanwell. ![Whistleblowing software: FaceUp](https://media.elker.com/065af254-e4da-4dd9-824d-c3ad668ae132/faceup.png?width=992) [ ## 2\. FaceUp Whistleblowing System ](https://www.faceup.com/en) Price: From $49 USD/month Based in: Czechia Market: International Reviews: 4.9 stars (60 reviews) on G2 FaceUp Whistleblowing System is a centralised platform for managing and addressing [whistleblowing](/nz/articles/what-is-whistleblowing) reports. Designed for employees and students, it provides a secure solution for reporting wrongdoing. With case management, customisable reporting channels, and an emphasis on transparency and a positive organisational culture, FaceUp stands out as a comprehensive solution. It is compliant with both GDPR and all whistleblower protection laws, ensuring a high level of data protection and anonymity. Furthermore, it has an easy setup process, allowing a reporting link to be created in just 15 minutes. With FaceUp, organisations can automate HR administration tasks, streamlining processes and ensuring a more efficient workflow. However, its strong alignment with EU regulations may make it less suitable for organisations outside the EU. ![Whistleblowing software: Whistleblower Software](https://media.elker.com/344dc63f-199d-4f6c-87d4-8e6bfa0d24ee/whistleblower-software.png?width=992) [ ## 3\. Whistleblower Software ](https://whistleblowersoftware.com/en) Price: From €70/month Based in: Denmark Market: International (focus on EU) Reviews: 5 stars (102 reviews) on G2 Whistleblower Software is a secure whistleblowing system trusted by organisations in over 80 countries. It is built to comply with the EU Whistleblower Directive and other major privacy laws, including GDPR. This makes it a compliant solution that fits the requirements of EU-based businesses. The platform is designed to cater to organisations of varying sizes, from small and medium enterprises to large organisations. The core feature of the anonymous reporting platform is a function that allows for confidential or anonymous two-way communication. This feature ensures that whistleblowers and those assigned to handle reports within an organisation can interact securely. ![Whistleblowing software: All Voices](https://media.elker.com/fc4baae9-3e76-4a59-889b-df0aba0b3a61/allvoices.png?width=992) [ ## 4\. AllVoices ](https://www.allvoices.co/) Price: From $110 USD/month Based in: USA Market: International (focus on US market) Reviews: 4.4 stars (72 reviews) on G2 AllVoices is an employee relations platform designed to streamline the management of workplace issues. It offers a centralised solution for collecting, managing, and resolving various employee concerns. The platform is equipped with features like HR case management, workplace investigations, and anonymous reporting, making it easier for companies to address and resolve internal issues effectively. AllVoices stands out with its AI-generated insights, which aid companies in taking proactive measures against workplace problems. This technology-driven approach ensures a safer and more responsive work environment. ![Whistleblowing software: Falcony](https://media.elker.com/61c82693-5d4b-4db1-b1f5-08f94403c665/falcony.png?width=992) [ ## 5\. Falcony ](https://www.falcony.io/) Price: From €120/month Based in: Finland Market: EU Reviews: 4.8 stars (33 reviews) on Capterra Falcony is a whistleblowing tool designed to involve employees in conducting audits and checks and reporting any identified incidents or deviations. Falcony is browser-based and compatible with all devices, making it easy for employees to report on the go and continue their work on a computer if needed. Falcony's platform provides comprehensive administrative features, allowing for full customisation. This ensures that your [organisation's feedback forms](/nz/articles/anonymous-employee-feedback) are specifically tailored to fit your needs. It also includes user rights, roles, tags, and automated workflows, ensuring that information is automatically forwarded to the right people. Real-time statistics provided by Falcony enable organisations to identify trends and analyse risks in their operational environment, enhancing case management effectiveness. ![Whistleblowing software: WhistleLink](https://media.elker.com/8a1b0d8d-2bbf-43e9-8693-bf618dded41e/whistlelink.png?width=992) [ ## 6\. Whistlelink ](https://www.whistlelink.com/) Price: From €49/month Based in: Sweden Market: International (focus on EU market) Reviews: 5 stars (23 reviews) on G2 Whistlelink, a web-based whistleblowing solution, provides a safe and anonymous platform for individuals to report misconduct and unethical behaviour within organisations. GDPR-compliant and adhering to EU compliance regulations, Whistlelink is a comprehensive whistleblowing platform for the EU market. It excels in managing whistleblower reports, offering powerful, two-way, anonymous communication between the organisation and the whistleblower. Whistlelink is available in 30 languages and is ISO 27001 certified for information security management. ![Whistleblowing software: Suggestion Ox](https://media.elker.com/a729006e-2fc4-4b4c-80f3-b267a193934f/suggestion-ox.png?width=992) [ ## 7\. Suggestion Ox ](https://suggestionox.com/) Price: From $83 USD/month Based in: USA Market: USA Reviews: 4.9 stars (27 reviews) on Capterra Suggestion Ox is a trusted platform for reporting anonymously in the workplace, fostering open communication within organisations. It provides a secure digital suggestion box for employees to air concerns, ask questions, and report problems. Its case management capabilities enable businesses to lead anonymous two-way conversations, providing a comprehensive understanding of employee issues and enabling prompt action. Insights enable Suggestion Ox to help businesses truly understand their teams and address challenges proactively. By empowering whistleblowers and promoting a culture of honesty, Suggestion Ox allows organisations to hear the truth, [leading to more engaged and satisfied teams](/nz/articles/employee-engagement-survey-questions). ![Whistleblowing software: Case IQ](https://media.elker.com/74b7bd58-95e0-4264-acf0-48832a6e206d/case-iq.png?width=992) [ ## 8\. CaseIQ ](https://www.caseiq.com/) Price: Price on request Based in: Canada / International Market: International Reviews: 4.7 stars (11 reviews) on Capterra Case IQ, previously known as i-Sight, is a powerful case management solution that reduces the time and cost of investigating and resolving workplace incidents. It offers a wide range of employee reporting channels, ensuring no incident slips through the cracks. Its robust case intake and streamlined case management keep investigations on track, while its secure, centralized database allows for instant comprehensive case reports and faster responses. With powerful reporting capabilities, Case IQ provides deep insight into your data, enabling early trend detection and prevention of future issues. ![Whistleblowing software: Canary Whistleblowing](https://media.elker.com/4476efa1-3b28-475a-b16e-d2a8afd945e0/canary-whistleblowing.jpg?width=992) [ ## 9\. Canary Whistleblowing System ](https://www.canary-whistleblowing.com/en/) Price: Price on request Based in: Indonesia, Malaysia, Thailand Market: Southeast Asia Reviews: 4.5 stars (3 reviews) on G2 Canary Whistleblowing System is a highly secure and efficient fraud detection platform primarily serving Southeast Asian organisations, including Indonesia, Malaysia, and Thailand. Recognised for its effectiveness in detecting fraud, Canary provides a safe and anonymous reporting platform for both small businesses and large companies. It is committed to creating a secure and ethical work environment, ensuring the confidentiality of whistleblowers' reports. Canary's comprehensive service includes not only a hotline for reporting misconduct, fraud, abuse, and other policy violations but also a case management service. This service provides clients with notifications, high-quality analysis, and efficient management of reports, thereby fostering an environment of trust within the organisation. ![Whistleblowing software: Vault Platform](https://media.elker.com/bee36cc4-136e-4f5c-9753-d75b42752378/vault-platform.png?width=992) [ ## 10\. Vault Platform ](https://vaultplatform.com/) Price: Price on request Based in: United Kingdom Market: International (Europe/US focus) Reviews: 4.5 stars (22 reviews) on G2 Vault Platform is a UK-based whistleblowing system that serves the international market, focusing on Europe and the US. It operates as a system for corporate integrity, aiding businesses in addressing misconduct and ESG violations. It offers a reporting system for employees to [disclose misconduct](/nz/articles/serious-misconduct), anonymously or in groups with GoTogether. It also provides clear communication with the reporter, efficient case investigation and resolution through cross-department collaboration. ![Whistleblowing software: Legality Whistleblowing](https://media.elker.com/0ded89ad-36b0-4c53-8375-0ebec9d39cdc/legality-whistleblowing.png?width=992) [ ## 11\. Legality Whistleblowing ](https://www.whistleblowing.software/en/) Pricing: From €29/month Based in: Italy Market: EU Reviews: 4.4 stars (8 reviews) on Capterra Legality Whistleblowing is a wrongdoing reporting management system designed to address workplace issues. EU Whistleblower Directive, GDPR, and other privacy laws provide a secure platform for whistleblower disclosures. Key features of Legality Whistleblowing software are voice reporting, single sign-on, mobile app, multi-company mode, and platform customisation options on demand. ![Whistleblowing software: Whistle Willow](https://media.elker.com/6ae06bc1-1517-49f0-93f1-222197b77eb0/whistle-willow.png?width=992) [ ## 12\. Whistle Willow ](https://scrummaister.com/ww) Pricing: 50c/user/month Based in: Sweden Market: EU Whistle Willow is an easy-to-deploy whistleblower system that integrates directly with your Jira and Confluence account on Atlassian. It's designed for quick implementation and easy management of workplace issues. It offers anonymous reports within your existing setup and public submissions via an automatically created portal. All data and interactions are kept within the Atlassian ecosystem, ensuring privacy and security. ![Whistleblowing software: Navex One](https://media.elker.com/0d267343-bef0-4dcf-b513-33207c08eb7c/navex-one.png?width=992) [ ## 13\. Navex One ](https://www.navex.com/en-us/products/) Pricing: From €133/month Based in: USA Market: International Reviews: 3.8 stars (49 reviews) on G2 Navex One is a comprehensive Governance, Risk, and Compliance system that provides a one-stop platform for employees and managers to handle compliance-related tasks, policies, training, and disclosures. Navex One offers around-the-clock hotline and incident management analysis, IT and operational risk management, and manages onboarding and ongoing screening of third parties. It's designed to manage all types of risks arising from business operations, including employee actions, evolving regulations, and global events, ensuring a comprehensive view of your GRC program. ![Whistleblowing software: EQS Integrity Line](https://media.elker.com/0a25f607-6f7a-4858-8a7b-094bc49365b0/eqs-integrity-line.jpeg?width=992) [ ## 14\. EQS Integrity Line ](https://www.eqs.com/compliance-solutions/integrity-line/) Pricing: Price on request Based in: Germany Market: International Reviews: 4.7 stars (41 reviews) on G2 EQS Integrity Line is a secure whistleblower system that provides a confidential platform for employees to [speak up about workplace issues](/articles/speak-up-culture), including corruption, abuses of authority, discrimination, and harassment. This system prioritises the protection of whistleblowers by offering an encrypted channel, ensuring utmost confidentiality. It encourages individuals to raise concerns internally before resorting to external authorities or media. ![Whistleblowing software: Ethico Compliance Line](https://media.elker.com/74970283-4d50-4c9b-944f-b8983a92c8d1/ethico-complianceline.png?width=992) [ ## 15\. Ethico (formerly ComplianceLine) ](https://ethico.com/) Pricing: Price on request Based in: USA Market: International Reviews: 4.7 stars (45 reviews) on G2 Ethico, an [ethics and compliance hotline](/articles/ethics-hotline) with over 25 years of experience, offers a comprehensive suite of tools designed to manage risk and reinforce healthy cultures within organisations. Ethico's offerings range from effective whistleblower and case management software that optimises time management to reliable employee screening and monitoring services, and engaging e-learning modules. With a strong focus on the human element, Ethico is committed to making the world a better workplace for cultural purposes. ![Key Features of Anonymous Reporting Software](https://media.elker.com/5725eef6-0c68-46fc-9247-ec68187bed85/key-features-of-anonymous-reporting-software.png?width=992) ## Key features of a good whistleblowing platform When considering a whistleblowing platform, you should be assessing the following features: ### **Security features** A secure system assures employees that their report is confidential and their anonymity is guaranteed. For organisations, stringent security measures are critical in safeguarding intellectual property, maintaining business integrity, and protecting data from tampering and external threats. **What to look for:** Make sure the platform assures whistleblower confidentiality by providing end-to-end encryption. Look for ISO 27001 standards, a dedicated information security officer and a data policy that aligns with your jurisdiction. ### **Anonymous reporting** Anonymous two-way communication (secure live chat) is essential for real-time feedback to manage incidents. There should be multiple channels for reporting disclosures: anonymous (where your identity is completely hidden) and confidential (where your identity is visible to a select person or group). **What to look for:** Ensure the software has settings that allow reporters to remain anonymous. The platform should offer guidance and tips during the reporting process. This helps the individual maintain anonymity by advising against sharing overly specific details or personal information that might inadvertently reveal their identity. ### **Comprehensive case management** Case management is central to a whistleblowing system. The reporting pathways should offer customisation and flexibility to accommodate both the reporter and the nominated officer. It's important that reports can be efficiently directed to case officers, then tracked, monitored, resolved, and ultimately archived to manage whistleblowing reports effectively. **What to look for:** An ideal system will have intuitive features for routing reports to the appropriate officers alongside tools for real-time tracking and monitoring. It should also provide seamless methods for resolution and archival, ensuring that cases are handled comprehensively from start to finish. ### **Employee surveys** Pulse surveys, employee feedback, and reporting evaluations are important features of an employee feedback management platform to understand workers' concerns and get honest feedback about concerns facing your organisation. **What to look for:** Ensure the platform provides diverse survey tools, including report feedback, customizable templates, scheduled feedback sessions, and intuitive reporting systems that simplify data interpretation. ### **Analytics** The utility of a whistleblowing platform is amplified when it can predict trends, detect incidents early, and give an overview of case resolution stats, steering management towards actionable solutions. **What to look for:** A comprehensive dashboard with real-time data visualisations, trend analysis, and detailed report generation functionalities highlighting significant patterns and insights. ### **Usability** An effective whistleblowing platform should be easy to implement and easily navigable, allowing users to access and utilise its features without unnecessary complications. The ease of use can directly influence the app's safety, ensuring anonymity is protected throughout the reporting pathway. **What to look for:** A clean user interface, onboarding tutorials, and responsive customer support. ### **Mobile app** While not essential, a mobile app can extend the platform's reach, letting whistleblowers report and respond discreetly from their personal devices. **What to look for:** Check if the app is available on iOS and Android, offers comprehensive features, and provides customizable notifications, ensuring whistleblower privacy. ### **Integrations** Seamless integrations with other organisational tools and systems enhance the functionality of whistleblowing platforms. Such integrations can simplify workflows and maintain consistency across different platforms and cloud-based collaborative tools, ensuring efficient data management and retrieval. **What to look for:** Native integrations with popular HR systems and authentication methods (such as Google Workspace and Microsoft 360). Ensure the platform supports seamless data flow between systems without compromising security. ### **Data protection** Data security is paramount, given the sensitive nature of information handled by whistleblowing platforms. These systems must employ the highest standards of security protocols to protect every piece of data, guaranteeing confidentiality and trustworthiness. Platforms should comply with data protection regulations and have strict data security measures. **What to look for:** Certifications or standards like ISO 27001 or GDPR compliance, end-to-end encryption, and regular third-party audits. ### **Compliance with national and international regulations** Ensuring your selected whistleblowing software adheres to national and international regulations is critical. Depending on your operational regions, this could encompass adherence to whistleblowing laws such as the Corporations Act, Protection of Whistleblowers Act, EU Whistleblowing Directive and SOX. **What to look for:** Seek platforms that explicitly list the regulations they comply with and offer features tailored to these regulations. Choose a provider that conducts regular audits to maintain compliance and offers guidance on navigating complex regulatory landscapes. ### **Localisation** Businesses operating in different regions may require features that cater to multiple languages. **What to look for:** Multilingual support, region-specific content adaptation, and compliance with local data storage and protection laws. ### **Training** Comprehensive training sessions ensure users can effectively navigate and make the most out of the system, enhancing its overall utility and adoption rate. **What to look for:** Onboarding guides, webinars, a library of how-to articles, and integrated training modules. Training should cater to technical and non-technical staff members, ensuring everyone can use the platform effectively. ### **Pricing structure and seats** As an organisation's size and structure change, so does its need for managing different users on its platforms. A whistleblowing system must offer scalability to accommodate varying numbers of reporters and case managers, reflecting the organisation's evolving needs. Small-to-medium businesses may get away with being on a lower pricing tier. However, large companies with many case managers and more complex reporting pathways will need an enterprise pricing tier. **Look for:** Flexible pricing tiers that accommodate the specific needs of your organisation. Avoid platforms that impose strict limits, as costs can quickly escalate. Many whistleblowing platforms offer custom pricing based on the size, features and legal support required by organisations. ### **Founders and staff members with a legal background** Founders with a background in law and compliance bring a wealth of subject matter expertise, ensuring the platform is designed with a deep understanding of legal requirements and compliance regulations. This expertise can streamline the process of implementing a whistleblowing system in your company, reducing the risk of non-compliance and enhancing its overall effectiveness. **Look for:** Founders with a background in law, demonstrating expertise in compliance regulations for your region. ![Securing Integrity With Anonymous Reporting](https://media.elker.com/caf58475-eb9a-4e9e-916f-4accad7c71c4/securing-integrity-with-anonymous-reporting.png?width=992) ## The importance of whistleblowing tools There are [many benefits of anonymous reporting systems](/nz/articles/anonymous-reporting-advantages-disadvantages) that we have discussed in this blog. Some of these include: ### **Financial savings** On average, internal fraud deducts about 5% from a company's revenue. It is also estimated that [sexual harassment costs businesses and organisations $2.6 billion](https://www.deloitte.com/content/dam/assets-zone1/au/en/docs/services/economics/deloitte-au-economic-costs-sexual-harassment-workplace-240320.pdf) in lost productivity. Whistleblowing platforms can identify risks and reduce financial losses. ### **Employee safety** By providing a secure channel for employees to anonymously report unsafe practices or malpractice, whistleblowing software ensures a safer work environment where potential hazards are addressed before they escalate. These tools safeguard the wellbeing of employees by ensuring whistleblower confidentiality. ### **Openness and transparency in the workplace** Offering a secure reporting channel signals to employees that company leaders are listening, that their voices matter, and that they can speak up without fear.  ### **Reputation management** Without an effective whistleblowing solution, aggrieved parties might turn to external avenues, inviting unwanted media attention. A dedicated whistleblowing channel helps resolve issues internally, safeguarding an organisation's reputation. ### **Uncover opportunities** Beyond identifying misconduct, whistleblower software can serve as a channel for employees to share feedback anonymously. Organisations can pinpoint operational inefficiencies by collecting employee feedback and ideas or uncovering potential revenue avenues. ### **Employee retention** By utilising employee engagement metrics and feedback, businesses can respond effectively to issues in the workplace. A wrongdoing reporting management system can help organisations identify and address issues that impact employee satisfaction and ultimately improve employee engagement. ### **Regulatory compliance** Whistleblowing software is instrumental in meeting various regulatory compliance measures across the globe. In the United States, the Sarbanes-Oxley Act (SOX) necessitates the establishment of anonymous reporting channels, a key feature provided by whistleblowing software. The [EU Whistleblowing Directive](/articles/eu-whistleblowing-directive-safer-workplace), similarly, requires organisations to set up high-level protection for whistleblowers who report breaches of EU law, a requirement efficiently met by the security measures employed by whistleblowing software. In Australia, businesses and organisations must comply with the [positive duty under the Sex Discrimination Act](/articles/7-standards-positive-duty-sex-discrimination-act) 1984. This necessitates proactive measures to [eliminate workplace sexual harassment](/articles/5-risk-factors-for-sexual-harassment-in-the-workplace), discrimination and victimisation. Additionally, the Corporations Act in Australia emphasises the need for formal whistleblower policies in companies of a certain size, a requirement that whistleblowing software can help fulfil by providing a structured and secure system for reporting and managing whistleblowing cases. ## Summary As the corporate world evolves, so do its challenges. Choosing and implementing effective whistleblowing software is not just about ticking a compliance box. It's about establishing a system that safeguards the integrity and ethical standards of organisations. It's about creating an environment of trust where employees feel safe to voice their concerns without fear of retaliation. It's about accountability, ensuring that issues are addressed promptly and effectively. Ultimately, it's about fostering a [culture of transparency and respect](/nz/articles/respect-in-the-workplace) where everyone is part of the solution. Ready to see the potential in action? [Book a demonstration](/nz/book-demo) of the Elker platform and discover how we can support your organisation. ### Key takeaways - The right platform depends on jurisdiction and sector. A tool built for the EU Whistleblowing Directive may not cover the positive duty under the Sex Discrimination Act 1984 or Australian-specific requirements, and vice versa. Shortlists should filter by regulatory fit before features. - Scalable pricing is a hidden compliance risk. Platforms with strict seat or case caps can force organisations to suppress reports or dilute their own controls at exactly the wrong moment. - Founder expertise in law and compliance is a reliable proxy for whether the product treats confidentiality obligations as design requirements rather than features. - Localisation and multilingual support matter more than they look. A reporter's willingness to use the channel drops sharply if the interface is only available in a language they are not comfortable with. - Training and onboarding are part of the product. Software that ships with clear guides, training modules, and responsive support is used more consistently than software that treats the rollout as the customer's problem. ## Frequently asked questions End-to-end encryption, ISO 27001 alignment, anonymous two-way messaging, flexible case management, pulse survey tools, real-time analytics, intuitive usability, native integrations with HR and authentication systems, explicit regulatory compliance, localisation, training content, and scalable pricing. A platform missing any of these exposes the organisation somewhere in the disclosure lifecycle. It is a secure live chat that lets investigators ask clarifying questions and share updates without ever learning the reporter's identity. Without it, investigators face a false choice between acting on partial information and pressuring the reporter to identify themselves, which tends to kill the disclosure. It is the single feature that makes anonymous reporting workable in practice, and it underpins much of what [whistleblowing as a practice](/nz/articles/what-is-whistleblowing) is supposed to deliver. Good platforms explicitly list the regimes they comply with and map features to specific obligations. In Australia, this means the [Corporations Act whistleblower regime](/articles/corporations-act-whistleblower-protections) and the positive duty under the Sex Discrimination Act 1984. In the EU, it means the Whistleblowing Directive. In the US, it means Sarbanes-Oxley and Dodd-Frank. Platforms that cannot show regulation-level coverage tend to leave gaps in audit trails, retention, or confidentiality. Intuitive routing of reports to the right case officer, real-time tracking and status updates, customisable reporting pathways, structured resolution and archival, audit logs, and dashboards that surface trends across cases. The goal is a system that handles the disclosure end to end, not a ticketing tool bolted onto a contact form. Not essential, but helpful. A mobile app lets reporters submit and respond from personal devices without using corporate infrastructure, which matters for workers who are reluctant to interact with company-managed hardware. If a mobile app is offered, it should be available on iOS and Android, support the same features as the web interface, and respect the same privacy settings. Combining it with a broader [anonymous reporting strategy](/nz/articles/anonymous-reporting-advantages-disadvantages) gives workers multiple safe entry points. ### Sources 1. Corporations Act 2001 (Cth), Part 9.4AAA, whistleblower protection provisions 2. ASIC Regulatory Guide 270: Whistleblower policies 3. Sex Discrimination Act 1984 (Cth), positive duty provisions 4. Directive (EU) 2019/1937 on the protection of persons who report breaches of Union law 5. ISO 37002:2021, Whistleblowing management systems, Guidelines 6. ISO/IEC 27001, Information security management systems _This article is general information only, not legal advice. Laws change and individual circumstances differ. For advice on your specific circumstances, consult a qualified legal practitioner. See our [Terms of Use](/nz/policies/terms) for the full disclaimer._ ## You might also like --- url: https://elker.com/blog title: "Blog | Insights Into Workplace Reporting | Elker" description: "The latest in workplace compliance, culture insights and anonymous reporting for a safer work environment." locale: en-AU generated: 2026-07-01T14:05:41.906Z --- # Insights An organisation's integrity begins with a resilient workplace culture, strong compliance program, and accessible reporting channels. Discover actionable strategies to create a safer, more ethical work environment. 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Understand the benefits and obligations Nov 5, 2020 ](/articles/what-is-whistleblowing) --- url: https://elker.com/book-demo title: "Book a Demo of the Reporting Platform | Elker" description: "Get a walk-through of our anonymous reporting platform. Speak to us about reporting, analytics and surveys." locale: en-AU generated: 2026-07-01T14:05:41.946Z --- # Book a demonstration of the Elker platform Book directly through our calendar. Alternatively, you can [contact us](/contact) and we will get back to you within one business day. ## Frequently asked questions Elker is an [anonymous reporting](/articles/anonymous-reporting-advantages-disadvantages) platform that allows individuals to speak up about workplace issues such as harassment, discrimination, and misconduct. Beyond reporting, it offers tools for surveys, analytics, case management and reporting to foster open communication and compliance within organisations. The full list of [features](/features) can be found here. Elker was designed for Australian universities, businesses, and peak bodies. Any organisation seeking to enhance transparency, address misconduct, and foster a safe environment can benefit from Elker.  At present, we don't offer a trial version due to the custom setup tailored to each client. However, for a comprehensive look at our software, please book a demonstration. During this session, we can address your particular requirements and provide further demonstrations as needed. Elker's pricing varies based on your organisation's size, required features, and specific compliance needs. Our first step is to understand the challenges your organisation hopes to address. As experts in dispute systems design, we propose solutions tailored to your organisation. We ensure transparent pricing. Schedule a demonstration, and we'll deliver a customised pricing guide within 24 hours. Yes, Elker's platform offers flexible and customisable workflows to cater to an organisation's specific needs. This ensures that the reporting and case management processes align with the unique structures and objectives of different entities. If a must-have feature is missing from our software, please [contact us](/contact). It may be possible to develop this feature specifically for your organisation or integrate this tool for all Elker users. Elker was designed by experts in triage and dispute resolution. We recognise the critical importance of shielding [whistleblowers](/articles/what-is-whistleblowing) from retaliation. As such, our software adheres to [stringent security protocols](/security), including ISO27001 standards. With Elker, reporters can use encrypted end-to-end messaging to remain entirely anonymous. Throughout the reporting process, Elker guides both reporters and responders, ensuring their privacy and safety are maintained.  All Elker subscriptions come with a technical support package included. Support includes technical training for the platform, configuration and development of new features. We are always available to assist within a very short turnaround time. The [Elker](/about) team and our network of consultants have deep expertise in receiving, triaging and resolving issues. Our founder, Shirli Kirscher, has over 30 years of experience creating and implementing resolution processes in organisations of all shapes and sizes. ## Trusted across all sectors Join a growing list of organisations making a difference --- url: https://elker.com/faq title: "Frequently asked questions | Elker" description: "Common questions about Elker's speak-up programmes and how we handle Corporations Act, Respect@Work, and psychosocial safety obligations." locale: en-AU generated: 2026-07-01T14:05:42.081Z --- # Frequently asked questions Answers to the questions we hear most often about speak-up, whistleblowing, and compliance: how Elker's platform works and how it fits into your organisation. Elker's reporting system ensures that a whistleblower's identity remains anonymous and technically untraceable. Our platform operates on ISO 27001 standards. Our servers do not store any data, such as IP addresses, device details, or location information, that could reveal the whistleblower's identity. Whistleblowers can choose whether they wish to remain anonymous or disclose personal details. Regardless of their choice, the report's content is transmitted using AES-256 encryption for data at rest and in transit. The introduction of the Respect at Work Bill (2022) has marked a pivotal change in the Australian workplace landscape. This legislation mandates employers to address and actively eliminate sex-based discrimination and harassment. The bill underscores a transition from merely addressing complaints to actively preventing them, placing a greater responsibility on employers to foster an environment free from discrimination and harassment. Organisations are now urged to be forward-thinking, identifying and evaluating risks associated with misconduct, promoting equality and ensuring the overall well-being of employees. While smaller businesses might rely on free resources and regular communication of policies, larger entities are expected to adopt advanced strategies, including HR analytics, anonymous employee surveys, and whistleblowing software. Though the bill doesn't dictate the use of a whistleblowing system, such tools stand out as essential in this new landscape. They offer a proactive, transparent method, ensuring compliance and actively working towards eradicating workplace issues. Getting started with Elker is straightforward and hassle-free. Begin by booking a demo in our calendar, where we'll give you a comprehensive tour of the platform and our dedicated mobile app. We'll discuss your unique business structure and specific requirements during this introductory meeting. After understanding your needs, we'll promptly email you a custom price structure tailored to your business. Getting set up with Elker is easy and tailored to fit seamlessly into your operations. Every business is unique, and the right whistleblowing tool should align with factors like your organisation's size, operational nature, industry risks, and regulatory commitments. Elker is designed with adaptability, modularity and personalisation built into its design. We ensure our platform integrates seamlessly into your processes, offering a human-centric experience that stands out in the market.  While other software tools offer anonymous reporting features, Elker's uniqueness lies in its personalised approach. We're not just about providing a tool; we're about fostering an environment of trust and transparency. And if there's a feature you believe would enhance your experience with Elker, we're all ears. We're continuously innovating, adding new features, and integrating client feedback into our platform. So, if you have a specific need or a question, don't hesitate to get in touch. We're here to ensure Elker works for you just as you want it. Every government agency is unique, and the right whistleblowing tool should align with factors like your department's size and regulatory commitments. Elker is designed with adaptability, modularity and personalisation built into its design. We ensure our platform integrates seamlessly into your processes, offering a human-centric experience that stands out in the market. While other software tools offer anonymous reporting features, Elker's uniqueness lies in its personalised approach. We're not just about providing a tool; we're about fostering an environment of trust and transparency. And if there's a feature you believe would enhance your experience with Elker, we're all ears. We're continuously innovating, adding new features, and integrating client feedback into our platform. So, if you have a specific need or a question, don't hesitate to get in touch. We're here to ensure Elker works for you just as you want it. Misconduct reporting allows individuals to raise concerns about inappropriate or illegal conduct within an organisation or institution. Misconduct may include fraud, corruption, sexual harassment, discrimination, and other unethical behaviours. Effective misconduct reporting systems, like Elker, provide a secure, anonymous platform for individuals to report concerns without fear of retribution. Peak bodies can use Elker to significantly reduce misconduct by normalising the reporting of minor incidents and centralising all feedback. This approach aids in detecting systematic issues within organisations early, allowing for efficient resolution before they escalate into costly and damaging problems. Additionally, Elker's pulse surveys function as a cultural audit tool, enabling peak bodies to continuously gauge the sentiments of members and representatives regarding workplace issues. This ongoing feedback loop allows organisations to proactively address concerns, fostering a more inclusive, respectful, and ethical working environment. Elker's is designed with the utmost priority on safeguarding the anonymity of reporters. Adhering to the stringent ISO27001 standards, our platform ensures that no data, such as IP addresses, device specifications, or geographical locations that could identify a reporter, is stored. Members and representatives can decide whether to remain anonymous or share personal details when reporting. Regardless of this choice, the content of their report is encrypted using state-of-the-art techniques, specifically a 2048 RSA bit public-private key method (PGP). All interactions with our platform are further secured through encryption, ensuring confidentiality and trust. Elker is designed with flexibility and personalisation at its core. It will integrate with the unique structure of every peak body, organisation, and charity. Understanding that each organisation has distinct needs and operations, Elker’s platform can be customised to align with your specific requirements, ensuring an efficient and tailored approach to misconduct reporting and case management. At Elker, we’re committed to accommodating the needs of each organisation. If a desired feature isn’t available, we’re willing to develop and integrate it into your customised platform. Elker is built with modularity in mind, allowing organisations to mix and match features and layouts that facilitate efficient and effective reporting and case management. Elker is an [anonymous reporting](/articles/anonymous-reporting-advantages-disadvantages) platform that allows individuals to speak up about workplace issues such as harassment, discrimination, and misconduct. Beyond reporting, it offers tools for surveys, analytics, case management and reporting to foster open communication and compliance within organisations. The full list of [features](/features) can be found here. Elker was designed for Australian universities, businesses, and peak bodies. Any organisation seeking to enhance transparency, address misconduct, and foster a safe environment can benefit from Elker.  At present, we don't offer a trial version due to the custom setup tailored to each client. However, for a comprehensive look at our software, please book a demonstration. During this session, we can address your particular requirements and provide further demonstrations as needed. Elker's pricing varies based on your organisation's size, required features, and specific compliance needs. Our first step is to understand the challenges your organisation hopes to address. As experts in dispute systems design, we propose solutions tailored to your organisation. We ensure transparent pricing. Schedule a demonstration, and we'll deliver a customised pricing guide within 24 hours. Yes, Elker's platform offers flexible and customisable workflows to cater to an organisation's specific needs. This ensures that the reporting and case management processes align with the unique structures and objectives of different entities. If a must-have feature is missing from our software, please [contact us](/contact). It may be possible to develop this feature specifically for your organisation or integrate this tool for all Elker users. Elker was designed by experts in triage and dispute resolution. We recognise the critical importance of shielding [whistleblowers](/articles/what-is-whistleblowing) from retaliation. As such, our software adheres to [stringent security protocols](/security), including ISO27001 standards. With Elker, reporters can use encrypted end-to-end messaging to remain entirely anonymous. Throughout the reporting process, Elker guides both reporters and responders, ensuring their privacy and safety are maintained.  All Elker subscriptions come with a technical support package included. Support includes technical training for the platform, configuration and development of new features. We are always available to assist within a very short turnaround time. The [Elker](/about) team and our network of consultants have deep expertise in receiving, triaging and resolving issues. Our founder, Shirli Kirscher, has over 30 years of experience creating and implementing resolution processes in organisations of all shapes and sizes. Elker's is tailored to the unique needs of each organisation. Our pricing considers the number of client seats, the number and type of reporting channels, desired features and modules, and any necessary customisations. To determine the cost for your organisation, start by requesting a quote. Please provide us with enough detail to understand your needs. Our team will respond with a price guide and organise a follow-up meeting. The setup process for Elker typically takes between 5 and 21 days. Setup time depends on the complexity of your organisation's requirements and the extent of software customisations and integrations needed. Due to the personalised nature of our software, we don't offer a trial. However, we are committed to ensuring that you have a clear understanding of how Elker can meet your organisation's specific needs. Our team will provide a comprehensive demonstration of the platform, showcasing its features and capabilities. We'll work closely with you to assess your unique requirements and put together a tailored package that aligns with your goals. This approach ensures that you have all the information necessary to make an informed decision without the need for a trial period. We are constantly working on innovative features to enhance our platform. While we don't have a fixed release schedule, we regularly update our software based on research, client feedback and industry trends. If there is a specific feature that you would like to see in Elker, please get in touch with our team. We'll do our best to integrate it into our platform, ensuring that our software continues to meet the evolving needs of our clients. Yes, Elker provides expert-led training to ensure that your organisation gets the most out of our platform. Our training covers a range of topics, including user management, case management, reporting, and platform navigation. Additionally, Elker is able to provide whistleblowing management training including effective communication with whistleblowers, assessing and prioritising reports, conducting investigations, and whistleblower rights and protections. The training is delivered by experienced trainers who have deep expertise in whistleblowing management and investigation techniques. Elker offers a range of integration options to ensure seamless connectivity with your existing systems. We can build custom integrations to connect with your employee assistance programs and employee experience software. This ensures that all relevant data is synced and accessible across your organisation's tools. To maintain the highest level of security, we offer various authentication integrations, ensuring that access to the Elker platform is secure and limited to authorised users. If there are any missing features or necessary integrations specific to your organisation's needs, our development team will work diligently to create and implement these solutions in a timely manner. We aim to deliver a custom price guide within 1-2 business days. We may request additional information and a meeting to scope out your requirements. Elker prioritises the security and anonymity of reports through a combination of advanced encryption, strict data protocols, and a commitment to user privacy. For users who choose to remain anonymous, Elker protects their identity with the highest encryption standards, collecting only the minimum data necessary to facilitate the report and limiting communication to relevant parties. Elker adheres to ISO27001 security standards, conducts routine penetration testing, and handles data according to custom processes for each client, ensuring compliance with strict legislative standards and local data privacy regulations. Elker was designed for Australian organisations to reach compliance with the [Corporations Act 2001](/articles/corporations-act-whistleblower-protections), [Public Interest Disclosure Act 2013](/articles/public-interest-disclosure-act-2013), [positive duty in the Sex Discrimination Act 1984](/articles/7-standards-positive-duty-sex-discrimination-act), [Fair Work Act 2009](/articles/protected-attributes), [Aged Care Act](/articles/whistleblowing-in-aged-care) and [Safe Work Australia Act 2008](/articles/psychosocial-hazards-at-work). Elker provides anonymous reporting tools with specific reporting pathways to keep organisations up to and ahead of workplace regulations. Many workplace issues go unnoticed due to a lack of trust in reporting mechanisms. When organisations provide secure, third-party anonymous reporting tools like Elker, employees feel safe to speak up. With anonymous reporting, conduct that might remain hidden can be identified and addressed earlier, creating a more resilient workplace. By demonstrating accountability and commitment to ethical conduct, organisations protect their reputation, meet regulatory requirements, and reduce legal risk. Strong reporting programs may also drive higher employee retention and productivity by fostering a culture of trust and safety. Elker was designed by experts in triage and dispute resolution. We recognise the importance of whistleblower protection and data security. We are certified with ISO 27001, an international standard for information security. As such, our whistleblower hotline software adheres to stringent security protocols. Reporters can use encrypted end-to-end messaging to remain entirely anonymous. Elker guides reporters and responders through the reporting process to ensure anonymity is maintained. For more information, visit our [security page](/security). Yes. Elker offers flexible and customisable workflows to cater to an organisation's specific requirements. This ensures that the reporting and case management processes align with the unique structures and objectives of different entities. If a must-have feature is missing, it may be possible to develop this feature specifically for your organisation. Designed to adapt to your organisation, Elker provides whistleblowing software, surveys, analytics, case management and more tools to foster open communication and a safe workplace - on iOS, Android and the web. Designed to adapt to your organisation, Elker provides whistleblowing software, surveys, analytics, case management and more tools to foster open communication and a safe workplace - on iOS, Android and the web. ## This is a H2 **Lorem Ipsum** is simply dummy text of the printing and typesetting industry. Lorem Ipsum has been the industry's standard dummy text ever since the 1500s, when an unknown printer took a galley of type and scrambled it to make a type specimen book. It has survived not only five centuries, but also the leap into electronic typesetting, remaining essentially unchanged. It was popularised in the 1960s with the release of Letraset sheets containing Lorem Ipsum passages, and more recently with desktop publishing software like Aldus PageMaker including versions of Lorem Ipsum. 1. A point 2. Another point 3. Third point An anonymous suggestion box is a powerful tool to gather employee feedback and drive informed decisions about your workplace. By providing a secure, confidential channel for employees to voice opinions, an anonymous suggestion box surfaces valuable insights into your workplace culture that traditional feedback mechanisms often miss. Elker's enterprise-grade, fully customisable platform goes beyond simple form submissions, offering innovative features like anonymous surveys and encrypted two-way communication to facilitate anonymous dialogue between employees and leadership. Implementing an anonymous suggestion box offers several benefits: - Encouraging open, honest communication across all levels - Proactively identifying emerging issues, risks and opportunities - Demonstrating leadership commitment to transparency and change - Empowering employees as active partners in cultural change - Mitigating legal and reputational risks through early detection - Boost engagement and employee satisfaction - Providing data to inform HR initiatives and investments With Elker, organisations can quickly realise these benefits at scale. Our intelligent platform streamlines the end-to-end feedback lifecycle, transforming employee suggestions and concerns into actionable insights. Advanced analytics and real-time reporting enable leaders to keep a pulse on employee sentiment and proactively shape organisational culture. An anonymous suggestion box is an effective tool for boosting employee engagement by: - Empowering employees to share ideas and feedback without judgment - Showing that employee opinions are valued and acted upon - Enabling employees to participate in shaping company culture and direction - Creating a sense of ownership and investment in the organisation's success - Providing a channel for employees to raise concerns before they escalate - Facilitating continuous improvement based on frontline insights Elker's virtual suggestion box makes it simple to capture and analyse employee feedback in real time. Advanced features like sentiment analysis and trend reports provide actionable insights to address concerns, enhance employee satisfaction, and increase engagement. Ensuring anonymity is important for employees to feel safe to voice their opinions through an anonymous suggestion box. Elker employs multiple best-in-class security safeguards to protect employee identity at every stage: 1. Anonymised data collection that detaches identifying metadata from responses 2. Advanced encryption, both when data is transmitted and when stored 3. Fully customisable access controls to restrict visibility to authorised personnel 4. A user experience that guides reporters through the reporting process to ensure information is reported that will not compromise their identity There are a few ways to set up a free suggestion box and anonymous surveys using Google Forms, Microsoft Form, Free Suggestion Box or Tally. These options can be a great solution to collect feedback from employees and customers. However, they often lack the advanced security features, customisation options and analytical capabilities required for many workplaces. There are several benefits to an enterprise suggestion box: - Data-driven insights: Powerful insights allow workplaces to proactively identify workplace risks and trends before they become issues. - Security and anonymity: Enterprise tools are developed specifically for capturing anonymous feedback, such as end-to-end encryption, granular access permissions, redaction, data sovereignty and secure infrastructure. - Expert implementation and support: Specialist teams provide comprehensive onboarding, strategic guidance, and proven frameworks to transform feedback programs into measurable cultural improvements. While a simple suggestion box allows companies to get set up in just a few clicks, they often lack the strategic expertise needed to drive meaningful cultural change. Elker delivers a comprehensive workplace solution that goes beyond basic idea gathering. Our approach: - Tailored setup that adapts to your unique needs - Customisation options to align with your processes, programs and existing systems - Advanced security, SSO and compliance safeguards for optimal protection - Intelligent analytics to proactively surface cultural insights and risks - Policies and proven communication strategies to ensure the success of your anonymous reporting system Elker serves as a trusted partner, working closely with organisations to craft engagement strategies, communication plans, and educational resources that maximise cultural impact. Through a comprehensive, data-driven approach to workplace transformation, we empower companies to drive meaningful changes in their workplace and foster a culture of trust, transparency and inclusion. Our team are committed to delivering solutions that drive meaningful cultural change. We bring extensive experience implementing effective whistleblowing and speak-up programs across Australia, with a proven track record of success. As an ISO 27001 certified platform, Elker delivers enterprise-grade security to protect whistleblowers and the data of organisations. We provide comprehensive support throughout the implementation process, from pre-vetted templates and policy development to ongoing assistance that ensures your program succeeds long-term. Elker is trusted by leading Australian institutions, including the ANSTO, the University of Melbourne, Stanwell and Allens. Interested to find out more? See how Elker can help with compliance and build a culture of accountability and trust in your organisation. [Book a demo](/book-demo) [Get a quote →](/pricing) --- url: https://elker.com/features title: "A Full-Featured Anonymous Reporting Platform | Elker" description: "Anonymous reporting, surveys, analytics & case management. Tools to help your workplace resolve issues." locale: en-AU generated: 2026-07-01T14:05:42.139Z --- Features # Drive cultural transformation through early insights and action Elker provides anonymous reporting software, analytics, surveys and case management tools to foster open communication and a safe workplace. ### Anonymous reporting Reporters can submit sensitive disclosures through our secure, encrypted portal that supports complete anonymity. For those who choose to remain anonymous, our technology ensures no identifiable information is stored. ![Product showcase: Speak-up reporting system disclosure intake](https://media.elker.com/5cfeaa8c-2d96-4272-b445-14aa107c5311/speak-up-static.png?width=992) ### Two-way chat and messaging Exchange information securely with reporters via end-to-end encrypted messaging while maintaining complete anonymity. This ensures essential details can be gathered without compromising reporter identity. ![Product showcase: Whistleblowing tool for employees - encrypted chat ](https://media.elker.com/b5c1df90-5211-4592-ab28-4f87a0e36147/whistleblowing-static.png?width=992) ### Case management Transform anonymous reports into trackable cases that can be monitored through to resolution. This structured system ensures every concern receives appropriate attention, maintaining compliance requirements. ![Product showcase: Performance and Conduct Static](https://media.elker.com/8b527d02-f12a-4ac7-8425-38b2ecae7f3e/performance-and-conduct-static.png?width=992) ### Real-time data and reporting dashboard Monitor workplace trends through comprehensive analytics that highlight potential problem areas. These real-time visualisations enable proactive intervention before issues escalate. ![Product showcase: Analytics and Trends Static](https://media.elker.com/1dfb2744-4ff8-47e8-a173-417a2374f6fd/analytics-and-trends-static.png?width=992) ### Exportable reports Extract case data in multiple user-friendly formats for analysis or sharing. All exports maintain security protocols while enabling collaboration with internal teams or external advisors. ![Exportable reports: product showcase](https://media.elker.com/a785621b-d430-4bc1-aa99-7589efe31463/product-feature-exportable-reports.png?width=992) ### iOS and Android apps Access the reporting platform from mobile devices through secure dedicated apps. This enables convenient reporting, two-way chat and messaging regardless of location. ![Elker's iOS and Android apps for anonymous reporting in the workplace](https://media.elker.com/c076908e-c597-4956-b3d7-5b1882a9d7d8/elker-ios-android-app.png?width=992) ### Customisable workflows Configure case management processes to match your organisation's unique requirements. Adapt the platform to integrate with existing protocols rather than changing how your team works. ![Triage and case management tools](https://media.elker.com/08a86b1c-29ae-4c40-89e1-be4e989423ba/feature-case-management.png?width=992) ### Personalised alerts and notifications Receive timely updates when new reports are submitted or cases change status. Configure notification settings to inform the right team members of relevant developments. ![Product showcase: Automate notifications and emails](https://media.elker.com/6eb782fa-a164-4ebd-b966-1a3369533e6d/product-features-notifications-automations.png?width=992) ### User roles and permissions Control precisely who can access specific information through granular permission settings. Define access levels based on organisational roles to enhance security and relevance. ![User roles and permissions: product showcase](https://media.elker.com/e62877e9-d729-4b50-9981-b08350fcdbdf/product-feature-user-roles.png?width=992) ### Secure report sharing within your organisation Share cases internally using encrypted channels with customisable access controls. This maintains confidentiality while enabling necessary collaboration across teams. ![Product showcase: Secure internal sharing and permissions settings ](https://media.elker.com/736c4c28-f615-4518-b174-4ac213034b69/product-features-secure-internal-sharing.png?width=992) ### Sharing reports with advisors, mediators, and lawyers Grant secure, controlled access to external parties for specific cases. Permission settings and activity monitoring maintain security while enabling expert consultation. ![Product showcase: Connect third-party counsel and advisors to anonymous reports securely](https://media.elker.com/e35806a2-80c1-4d2c-8ed4-769216e8d7da/product-features-secure-third-party-connect.png?width=992) ### Pre-vetted reporting question templates Streamline reporting with expert-designed templates that capture all essential information. These structured questions ensure reports contain the necessary details for effective resolution. ![Product showcase: Pre-vetted reporting templates](https://media.elker.com/de81ef71-bb75-430a-aaa8-b66814b583cc/pre-vetted-reporting-templates.png?width=992) ### Reporter experience surveys Gather direct feedback on case management through automated post-resolution surveys. These insights provide measurable data on reporter satisfaction and process effectiveness. ![Product showcase: Reporter experience surveys](https://media.elker.com/3210b8db-7e52-4351-8bfd-0860cdcb76a7/reporter-experience-survey.png?width=992) ### Connect to your EAP Integrate directly with your Employee Assistance Program through secure API connections. This streamlines referrals when additional support resources are required. ![Connect EAP: product showcase](https://media.elker.com/14384c3e-fc82-4b6c-813f-78f50ca2cbac/product-feature-connect-eap.png?width=992) ### Integrated training programs Deliver compliance and reporting procedure education through the platform. These modules ensure staff understand both their rights and available reporting channels. ![Training and onboarding: product showcase](https://media.elker.com/35a97aa1-40ab-408c-900d-4e9d08f21f04/product-feature-training-onboarding.png?width=992) ### Pulse and culture surveys Collect anonymous feedback on organisational health through scheduled assessments. These insights identify potential risk areas before they develop into reportable incidents. ![Pulse surveys: product showcase](https://media.elker.com/6149493a-99fd-475a-82fd-2f87ff757720/product-feature-pulse-surveys.png?width=992) ## Missing feature? If something is missing from our list, please contact us. We can often develop a solution for your needs. [Get a quote](/pricing) [Contact us →](/contact) ![Icon tags](https://media.elker.com/03a10884-8695-4632-86c0-6ec4727fa407/icon-tags.png) Know what you pay Opt in to the features you need with transparent pricing. [Pricing →](/pricing) ![Icon shields](https://media.elker.com/64b695c8-b1f9-46e8-952f-206171b04f57/icon-shields.png) ISO 27001 certified Enterprise-grade security and data protection. [Security →](/security) ## See the platform in action Identify and address workplace concerns before they escalate. Elker's secure speak-up system combines anonymous reporting with data analytics to help organisations manage risk and cultivate accountable cultures. ![Meet Elker video thumbnail](https://cdn.elker.com/meet-elker/thumbnail_bba26ec6.jpg?w=1080) ## Solutions for Australia’s vital industries Building **trust and transparency** with Interested to find out more? See how Elker can help with compliance and build a culture of accountability and trust in your organisation. [Book a demo](/book-demo) [Get a quote →](/pricing) --- url: https://elker.com/glossary title: "Workplace integrity glossary | Elker" description: "A-Z glossary of speak-up, integrity, and compliance terms for Australian and New Zealand workplaces, with links to detailed articles." locale: en-AU generated: 2026-07-01T14:05:42.269Z --- # Workplace integrity glossary A-Z glossary of speak-up, integrity, and compliance terms for Australian and New Zealand workplaces. This glossary defines the terms that come up most often when organisations in Australia and New Zealand design and run speak-up and whistleblower schemes, investigations, case management, and compliance programmes. Each entry explains what the term means, how it applies under Australian and New Zealand law, and links to detailed articles where the practical obligations and processes live. Terms are grouped by category below. Use this page as a reference whenever a piece of legislation, a compliance scheme, or a workplace-integrity concept turns up in policy documents, internal training, or audit reports and you need a precise definition rather than a marketing description. ## Workplace integrity - [Whistleblower ProtectionWhistleblower protection under Australian law: who is covered, what disclosures qualify, and the Corporations Act and Public Interest Disclosure Act safeguards.](/glossary/whistleblower-protection) ## Investigations - [Procedural FairnessProcedural fairness under Australian law: the hearing rule, bias rule, and evidence rule, applied to workplace investigations and disciplinary decisions.](/glossary/procedural-fairness) - [Vexatious ComplaintVexatious complaints in Australian workplaces: the legal test, how they differ from unsubstantiated complaints, and employer good-faith obligations.](/glossary/vexatious-complaint) ## Compliance - [BriberyBribery under Australian law: foreign bribery under the Criminal Code, domestic bribery offences, corporate liability, and facilitation payments.](/glossary/bribery) - [Conflict of InterestConflict of interest under Australian law: directors' duties, public sector obligations, actual vs perceived vs potential, and disclosure requirements.](/glossary/conflict-of-interest) ## Psychosocial safety - [Workplace MobbingWorkplace mobbing under Australian and New Zealand law: how it differs from bullying, and employer obligations under WHS and anti-discrimination law.](/glossary/workplace-mobbing) ## Child safety - [Reportable ConductReportable conduct under Australian schemes (NSW, Victoria, ACT, Queensland 2026): what's covered, who must report, and how each scheme operates.](/glossary/reportable-conduct) ## Human rights - [Modern SlaveryModern slavery under Australian and New Zealand law: what counts, reporting thresholds under the Modern Slavery Act 2018, and the 2026 NZ Modern Slavery Bill.](/glossary/modern-slavery) Interested to find out more? See how Elker can help with compliance and build a culture of accountability and trust in your organisation. [Book a demo](/book-demo) [Get a quote →](/pricing) --- url: https://elker.com/glossary/bribery title: "Bribery: Definition and Meaning in Australian Workplaces" description: "Bribery under Australian law: foreign bribery under the Criminal Code, domestic bribery offences, corporate liability, and facilitation payments." locale: en-AU generated: 2026-07-01T14:05:42.187Z --- # Bribery: Definition and Meaning in Australian Workplaces Bribery under Australian law: foreign bribery under the Criminal Code, domestic bribery offences, corporate liability, and facilitation payments. ByElker Editorial TeamReviewed byJack MurrayPublished3 May 2026Updated19 April 2026 ## What is bribery? Bribery is the offering, promising, giving, requesting, or accepting of something of value with the intention of improperly influencing a person exercising a public duty or a position of trust. Australian law distinguishes **foreign bribery** (bribing a foreign public official, Criminal Code Division 70) from **domestic bribery** (bribing a Commonwealth public official, Criminal Code Division 141) and treats both as serious indictable offences. ## Bribery in Australian workplaces Australian bribery law has undergone significant strengthening since 2023. The Crimes Legislation Amendment (Combatting Foreign Bribery) Act 2024 commenced 8 September 2024 and made three material changes: (1) abolished the requirement to prove the bribe was paid to obtain business that would "not legitimately be due", replacing it with "improperly influencing a foreign public official"; (2) introduced a new corporate offence of failing to prevent foreign bribery (Criminal Code s70.5A); and (3) established a "reasonable adequate procedures" defence analogous to the UK Bribery Act 2010 s7. Corporate entities are now strictly liable for foreign bribery by their "associates" (employees, agents, subsidiaries, contractors) unless they can show they had adequate anti-bribery procedures in place. **Foreign bribery (Criminal Code Division 70).** Offering, promising, or providing a benefit to a foreign public official with intent to improperly influence the official in the exercise of their duties. Maximum penalty for individuals: 10 years imprisonment and/or a fine of 10,000 penalty units (AUD 3.3 million at the current Commonwealth penalty unit value of AUD 330, in force from 7 November 2024). For corporate entities: the greatest of 100,000 penalty units (AUD 33 million), three times the benefit obtained, or 10% of annual turnover. **Domestic bribery (Criminal Code Division 141).** Dishonestly providing or offering a benefit to a Commonwealth public official with intent to influence the official in the exercise of their official duties. Maximum penalty: 10 years imprisonment and/or a fine of 10,000 penalty units. **State domestic bribery offences.** Each state has its own equivalent: NSW Crimes Act 1900 s249B (corrupt commissions or rewards); Victoria Crimes Act 1958 s176 (bribery of public officers); Queensland Criminal Code s87 (official corruption). Offences typically cover both public-official bribery and private-sector commercial bribery. **Facilitation payments.** Under Division 70 s70.4, a payment of minor value made to a foreign public official for the sole or dominant purpose of expediting or securing the performance of a routine government action is **still** a defence, but the payer must have created a record of the transaction as soon as practicable. The government's response to the 2019 OECD Working Group on Bribery review commits to repealing the facilitation payments defence, with legislative amendments expected in 2026. The National Anti-Corruption Commission, which commenced 1 July 2023, investigates serious or systemic corrupt conduct affecting Commonwealth public officials, including bribery. The NACC can make public findings, refer matters to the Commonwealth Director of Public Prosecutions, and impose administrative consequences. In New Zealand, bribery is criminalised under the Crimes Act 1961 ss99-105E: bribery of judicial officers (s101), of ministers (s102), of members of Parliament (s103), of law enforcement officers (s104), of officials (s105), and corruption by officials (s105D-E). The New Zealand Serious Fraud Office investigates serious or complex fraud, including foreign bribery and corruption. New Zealand introduced specific foreign-bribery provisions in 2001 and strengthened them in 2015. ## Common questions about bribery Bribery is one category of corruption. Corruption is the broader concept and includes bribery, embezzlement, nepotism, abuse of office, and other conduct that diverts power or resources away from proper purposes. Every act of bribery is a corrupt act, but not every corrupt act involves bribery (e.g. misappropriating funds or preferencing a relative in procurement does not necessarily involve a bribe). A small payment to a foreign public official to expedite or secure the performance of a routine governmental action the official is already required or expected to perform (e.g. processing paperwork, issuing a permit). Australia currently allows facilitation payments as a defence to foreign bribery under strict conditions (minor value, sole or dominant purpose to expedite a routine action, and recorded as soon as practicable), but this defence is expected to be repealed in 2026. The UK Bribery Act 2010 does not permit facilitation payments; the US Foreign Corrupt Practices Act does. The new Criminal Code s70.5A offence (commenced 8 September 2024) imposes corporate liability on Australian entities and foreign entities operating in Australia where an associate (employee, agent, subsidiary, contractor, or person otherwise performing services for the entity) commits foreign bribery. The corporate entity is strictly liable unless it can prove it had "adequate procedures" to prevent the bribery. This mirrors the UK Bribery Act 2010 s7 and represents a significant shift toward strict corporate accountability. The Attorney-General's Department guidance (November 2024) identifies six principles: proportionate procedures, top-level commitment, risk assessment, due diligence, communication and training, and monitoring and review. Procedures should be proportionate to the entity's risk profile, embedded in decision-making, and regularly reviewed. Evidence of a functioning whistleblower channel, training records, third-party due diligence, and internal investigations showing the program was actively used is typically decisive. Disclosures about bribery by a regulated entity are protected under Corporations Act 2001 Part 9.4AAA if made to an eligible recipient (ASIC, APRA, an eligible officer, a legal practitioner). Disclosures about bribery by Commonwealth public officials are protected under the Public Interest Disclosure Act 2013 and may also be reportable to the NACC. Both schemes offer confidentiality, immunity from civil/criminal/administrative liability for the disclosure itself, and compensation for detriment. ## Related reading - [Commonwealth Fraud and Corruption Control Framework 2024: Effective Detection Mechanisms](/articles/commonwealth-fraud-and-corruption-control-framework-2024) - [Corporations Act: Whistleblower Protections in Australia](/articles/corporations-act-whistleblower-protections) - [How to Set Up an Ethics Hotline – Best Practice for Managing Integrity](/articles/ethics-hotline) ## Sources 1. Criminal Code Act 1995 (Cth), Divisions 70 and 141. [Federal Register of Legislation](https://www.legislation.gov.au/C2004A04868/latest/text). Retrieved 2026-04-19. 2. Crimes Legislation Amendment (Combatting Foreign Bribery) Act 2024 (Cth). [Federal Register of Legislation](https://www.legislation.gov.au/). Retrieved 2026-04-19. 3. Attorney-General's Department, "Foreign bribery: information for businesses". [AGD](https://www.ag.gov.au/crime/publications/foreign-bribery-information-businesses). Retrieved 2026-04-19. 4. Australian Federal Police, foreign bribery investigations. [AFP](https://www.afp.gov.au/crimes/fraud-and-corruption/foreign-bribery-and-grand-corruption). Retrieved 2026-04-19. 5. National Anti-Corruption Commission. [NACC](https://www.nacc.gov.au/). Retrieved 2026-04-19. 6. Crimes Act 1961 (NZ), ss99-105E. [New Zealand Legislation](https://www.legislation.govt.nz/act/public/1961/43/en/latest/). Retrieved 2026-04-19. 7. Serious Fraud Office (NZ). [SFO](https://www.sfo.govt.nz/). Retrieved 2026-04-19. _This article is general information only, not legal advice. Laws change and individual circumstances differ. For advice on your specific circumstances, consult a qualified legal practitioner. See our [Terms of Use](/policies/terms) for the full disclaimer._ Interested to find out more? See how Elker can help with compliance and build a culture of accountability and trust in your organisation. [Book a demo](/book-demo) [Get a quote →](/pricing) --- url: https://elker.com/glossary/conflict-of-interest title: "Conflict of Interest: Definition and Meaning in Australian Workplaces" description: "Conflict of interest under Australian law: directors' duties, public sector obligations, actual vs perceived vs potential, and disclosure requirements." locale: en-AU generated: 2026-07-01T14:05:42.229Z --- # Conflict of Interest: Definition and Meaning in Australian Workplaces Conflict of interest under Australian law: directors' duties, public sector obligations, actual vs perceived vs potential, and disclosure requirements. ByElker Editorial TeamReviewed byJack MurrayPublished3 May 2026Updated19 April 2026 ## What is conflict of interest? A conflict of interest arises when a person's private interests (financial, personal, or relational) could improperly influence, or appear to influence, the performance of their official duties. Australian law recognises three categories: **actual** (a real conflict currently exists), **perceived** (a reasonable observer could perceive a conflict), and **potential** (circumstances could foreseeably give rise to a conflict in future). ## Conflict of interest in Australian workplaces The legal treatment of conflicts of interest differs between the private, public, and not-for-profit sectors, but the core principles are consistent across each. **Private sector (directors and officers).** Under the Corporations Act 2001 (Cth), directors and officers have a statutory duty to act in good faith in the best interests of the corporation (s181) and to not improperly use their position to gain advantage (s182) or misuse information (s183). A director with a material personal interest in a matter being considered must disclose that interest to the other directors (s191) and, unless excepted, cannot be present for discussion or vote on the matter (s195). Breach attracts civil and criminal consequences, including disqualification, penalties up to AUD 1.565 million (individuals), and for corporate offences penalties up to AUD 7.825 million or three times the benefit derived. **Australian Public Service.** Under the Public Service Act 1999 (Cth) s13(7), APS employees must take reasonable steps to avoid real or apparent conflicts of interest and must disclose any such interest to their agency head. The Australian Public Service Commission's conflict of interest guidance applies the three-category framework (actual, perceived, potential) and requires documented management plans for each disclosed conflict. **Listed companies.** The ASX Corporate Governance Principles and Recommendations (4th edition, in force for financial years commencing on or after 1 January 2020) Recommendation 3.2 requires listed entities to have and disclose a code of conduct for directors, senior executives and employees, and to inform the board or a board committee of any material breaches. **Not-for-profit and charity sector.** Directors of registered charities must comply with the ACNC Governance Standards, including Standard 5 (duty to disclose any actual or perceived material conflict of interest and not to misuse position or information). In New Zealand, the Companies Act 1993 s131 imposes a duty on directors to act in good faith and in the best interests of the company, and s139-140 require disclosure of personal interests in transactions. The State Services Commission's standards of integrity and conduct impose parallel public-sector obligations, including mandatory disclosure and recusal processes. ## Common questions about conflict of interest Common examples include: hiring or procuring from a family member or close friend; receiving gifts or benefits from a supplier, contractor, or regulated party; holding a second job in a competing or regulated business; participating in a decision that financially benefits a company in which you hold shares; preferentially allocating work, promotions, or resources to a partner or close associate; using confidential information gained through official duties for personal investment. An **actual** conflict exists when a person's private interests currently do influence their official duties (e.g. an investment adviser directing clients into a fund they personally benefit from). A **perceived** conflict arises when a reasonable person could reasonably suspect a conflict, regardless of whether one exists (e.g. a procurement officer whose spouse works for a tendering supplier). A **potential** conflict describes circumstances where a conflict could foreseeably arise in future (e.g. being offered board membership by an entity you regulate). All three require disclosure and management; the law does not require a conflict to have caused harm before action is taken. Generally yes. Corporations Act s191 requires directors to disclose material personal interests. Public Service Act s13(7) requires APS employees to disclose. Most organisations also have contractual or policy-based disclosure obligations. Failing to disclose is itself often a breach of duty, separate from any breach arising from the underlying conflicted conduct. Typical management strategies, in order of increasing severity: (1) record the disclosed interest on a register with no further action if the conflict is minor and unlikely to affect duties; (2) restrict the person's access to information or decisions where the conflict applies; (3) recuse the person from specific decisions or transactions; (4) relinquish either the private interest or the official duty. The chosen approach should be proportional to the nature and significance of the conflict and should be documented. An undisclosed or improperly managed conflict of interest is often the precursor to corrupt conduct. Most Australian anti-corruption agencies (NACC, IBAC, ICAC NSW, CCC WA, CCC QLD) treat failure to disclose a conflict, or making a decision while conflicted, as corruption-adjacent conduct that can escalate to formal corruption findings. Disclosure and active management are the safeguards that distinguish a lawful decision from a corrupt one. ## Related reading - [How to Set Up an Ethics Hotline – Best Practice for Managing Integrity](/articles/ethics-hotline) - [Corporations Act: Whistleblower Protections in Australia](/articles/corporations-act-whistleblower-protections) - [Advantages of Whistleblowing in the Workplace](/articles/advantages-of-whistleblowing-in-the-workplace) ## Sources 1. Corporations Act 2001 (Cth), ss181-183, 191, 195. [Federal Register of Legislation](https://www.legislation.gov.au/C2004A00818/latest/text). Retrieved 2026-04-19. 2. Public Service Act 1999 (Cth), s13(7). [Federal Register of Legislation](https://www.legislation.gov.au/C2004A00538/latest/text). Retrieved 2026-04-19. 3. Australian Public Service Commission, conflict of interest guidance. [APSC](https://www.apsc.gov.au/). Retrieved 2026-04-19. 4. ASX Corporate Governance Principles and Recommendations (4th edition), Recommendation 3.2. [ASX](https://www.asx.com.au/documents/asx-compliance/cgc-principles-and-recommendations-fourth-edn.pdf). Retrieved 2026-04-19. 5. Companies Act 1993 (NZ), ss131, 139-140. [New Zealand Legislation](https://www.legislation.govt.nz/act/public/1993/105/en/latest/). Retrieved 2026-04-19. _This article is general information only, not legal advice. Laws change and individual circumstances differ. For advice on your specific circumstances, consult a qualified legal practitioner. See our [Terms of Use](/policies/terms) for the full disclaimer._ Interested to find out more? See how Elker can help with compliance and build a culture of accountability and trust in your organisation. [Book a demo](/book-demo) [Get a quote →](/pricing) --- url: https://elker.com/glossary/modern-slavery title: "Modern Slavery: AU & NZ Workplace Definition | Elker" description: "Modern slavery under Australian and New Zealand law: what counts, reporting thresholds under the Modern Slavery Act 2018, and the 2026 NZ Modern Slavery Bill." locale: en-AU generated: 2026-07-01T14:05:42.309Z --- # Modern Slavery: Definition in Australian and NZ Workplaces Modern slavery under Australian and New Zealand law: what counts, reporting thresholds under the Modern Slavery Act 2018, and the 2026 NZ Modern Slavery Bill. ByElker Editorial TeamReviewed byJack MurrayPublished3 May 2026Updated19 April 2026 ## What is modern slavery? Modern slavery is an umbrella term for severe forms of exploitation where a person cannot refuse or leave due to coercion, threats, deception, or abuse of power. Under Australian law it encompasses eight specific practices: trafficking in persons, slavery, servitude, forced labour, forced marriage, debt bondage, deceptive recruiting, and the worst forms of child labour. ## Modern slavery in Australian workplaces Australia's Modern Slavery Act 2018 (Cth) defines modern slavery by reference to the eight practices listed above and requires entities carrying on business in Australia with an annual consolidated revenue of AUD 100 million or more to publish an annual Modern Slavery Statement on the public register. The statement must address seven mandatory criteria, including the entity's structure, operations, supply chains, risk identification, and actions to assess and address those risks. The Australian Anti-Slavery Commissioner, Chris Evans, commenced his inaugural five-year term on 2 December 2024, providing an independent oversight function the Act lacked from 2019-2024. The Commissioner's role includes engaging with business, supporting survivors, and reporting publicly on compliance trends. The McMillan review of the Modern Slavery Act, conducted by Professor John McMillan AO and tabled in Parliament on 25 May 2023, made 30 recommendations. The Australian Government's response (accepting or partially accepting 25 of 30) did not reduce the revenue threshold below AUD 100 million but did commit to introducing penalties for non-reporting, extending the Act to cover additional modern-slavery practices, and mandating due diligence for higher-risk sectors. Legislative amendments to implement these commitments are expected in 2026. In New Zealand, the Modern Slavery Bill 2026 was introduced to Parliament on 10 February 2026 as a bipartisan Member's Bill co-sponsored by National MP Greg Fleming and Labour MP Camilla Belich, bypassing the ballot under Standing Order 288. The Bill establishes a single reporting threshold of NZD 100 million annual revenue (raised from the NZD 50 million initially proposed). Reporting entities must publish an annual modern slavery statement covering their structure, supply chains, risks, due diligence, grievance mechanisms, remediation measures, training, and consultation. Failure to report or making false or misleading statements attracts criminal fines up to NZD 200,000 or civil penalties up to NZD 600,000, with personal liability for directors and persons involved in the management of a reporting entity. First reporting obligations are anticipated in 2028, covering activity in 2027. Internationally, the International Labour Organization estimates 50 million people are in modern slavery globally (2021 figures), with 28 million in forced labour and 22 million in forced marriage. The ILO Forced Labour Convention 1930 (No. 29) and the 2014 Protocol remain the authoritative instruments. ## Common questions about modern slavery Modern Slavery Act 2018 (Cth) s4 defines modern slavery by reference to eight specific practices: (1) trafficking in persons, (2) slavery, (3) servitude, (4) forced labour, (5) forced marriage, (6) debt bondage, (7) deceptive recruiting for labour or services, and (8) the worst forms of child labour. Each has its own criminal offence under the Criminal Code Act 1995, with the Modern Slavery Act imposing a separate transparency-reporting regime on top. No. Human trafficking is one of the eight practices that constitute modern slavery, not a synonym. Trafficking involves the movement or recruitment of a person for the purpose of exploitation, typically across a border or between locations. A person held in servitude or forced labour may never have been trafficked (for example, someone forced into debt bondage within their own community). Conversely, a person who was trafficked but subsequently freed is no longer in a modern slavery situation. The legal and policy responses to each differ. Modern slavery involves practices where the worker cannot freely leave or refuse the work. Ordinary employment breaches (underpayment, excessive hours, unfair dismissal) do not automatically constitute modern slavery unless coupled with coercion, deception, or abuse of power that removes the worker's freedom. The distinction matters for both criminal liability and reporting-obligation triggers. Modern slavery reporting focuses on transparency about risk and response; supply chain due diligence is the operational practice of mapping, assessing, and mitigating those risks. The McMillan review recommended mandatory due diligence for higher-risk sectors. Mandatory due diligence is already in force in the EU (Corporate Sustainability Due Diligence Directive 2024) and is a likely direction for future Australian reform. ## Related reading - [Modern Slavery Reporting Requirements: Australia Prepares for Strengthening Compliance](/articles/modern-slavery-reporting-requirements) ## Sources 1. Modern Slavery Act 2018 (Cth). [Federal Register of Legislation](https://www.legislation.gov.au/C2018A00153/latest/text). Retrieved 2026-04-19. 2. Modern Slavery Register. [modernslaveryregister.gov.au](https://modernslaveryregister.gov.au/). Retrieved 2026-04-19. 3. Australian Government, "Review of the Modern Slavery Act 2018 (Cth): Final Report" (McMillan, 25 May 2023). [Attorney-General's Department](https://www.ag.gov.au/rights-and-protections/publications/review-modern-slavery-act-2018-report). Retrieved 2026-04-19. 4. Office of the Anti-Slavery Commissioner (Australia). [antislavery.gov.au](https://www.antislavery.gov.au/). Retrieved 2026-04-19. 5. Modern Slavery Bill 2026 (NZ). [New Zealand Legislation](https://www3.parliament.nz/media/9121/modern-slavery-reporting-bill.pdf). Retrieved 2026-04-19. 6. International Labour Organization, "Global Estimates of Modern Slavery" (2022). [ILO](https://www.ilo.org/topics-and-sectors/forced-labour-modern-slavery-and-trafficking-persons). Retrieved 2026-04-19. _This article is general information only, not legal advice. Laws change and individual circumstances differ. For advice on your specific circumstances, consult a qualified legal practitioner. See our [Terms of Use](/policies/terms) for the full disclaimer._ Interested to find out more? See how Elker can help with compliance and build a culture of accountability and trust in your organisation. [Book a demo](/book-demo) [Get a quote →](/pricing) --- url: https://elker.com/glossary/procedural-fairness title: "Procedural Fairness: Definition and Meaning in Australian Workplaces" description: "Procedural fairness under Australian law: the hearing rule, bias rule, and evidence rule, applied to workplace investigations and disciplinary decisions." locale: en-AU generated: 2026-07-01T14:05:42.359Z --- # Procedural Fairness: Definition and Meaning in Australian Workplaces Procedural fairness under Australian law: the hearing rule, bias rule, and evidence rule, applied to workplace investigations and disciplinary decisions. ByElker Editorial TeamReviewed byJack MurrayPublished3 May 2026Updated19 April 2026 ## What is procedural fairness? Procedural fairness, also called natural justice, is the common-law requirement that decisions affecting a person's rights, interests, or legitimate expectations must be made through a fair process. It has three core elements: the **hearing rule** (the right to know the case against you and respond before a decision), the **bias rule** (the decision-maker must be free of actual or apparent bias), and the **evidence rule** (decisions must rest on logically probative evidence). ## Procedural fairness in Australian workplaces Australian workplace decisions that affect employment, reputation, or livelihood trigger procedural fairness obligations at common law and under statute. The Fair Work Act 2009 (Cth) s387 sets out the unfair-dismissal criteria the Fair Work Commission applies, and the first five criteria directly reflect the hearing rule: notification of the reason for dismissal, an opportunity to respond, permission for a support person, warnings about performance issues (in performance-based dismissals), and the size of the employer and presence of HR specialists. A dismissal that fails these tests is likely to be found harsh, unjust, or unreasonable. Beyond dismissal, procedural fairness applies to disciplinary action, formal warnings, performance management, transfer decisions that amount to demotion, and investigation outcomes. The Commonwealth Ombudsman's "Investigation of Complaints" guide and IBAC's and ICAC NSW's investigation manuals all apply the three rules as the minimum standard for workplace investigations in public-sector contexts, and most private-sector policies adopt the same standard. **The hearing rule** requires the person to be told: what conduct is alleged; what evidence supports the allegation; who has provided evidence (in most cases); and a reasonable opportunity to respond in writing or in person before any adverse decision is made. Reasonable means sufficient time to prepare and, where appropriate, to seek advice. **The bias rule** requires the decision-maker to be impartial in both reality and appearance. A line manager who has a personal relationship with the complainant, a documented grievance with the respondent, or a financial stake in the outcome should not be the decision-maker. Independent investigators or an uninvolved senior manager can satisfy the bias rule. **The evidence rule** requires the decision to be based on evidence the decision-maker could reasonably rely on, not on rumour, untested allegations, or material the respondent has not had a chance to address. The Briginshaw standard (from Briginshaw v Briginshaw (1938)) applies in civil workplace matters and requires that serious allegations be proved on more cogent evidence than trivial ones, though still on the balance of probabilities. In New Zealand, the Employment Relations Act 2000 s103A codifies procedural fairness as the "fair and reasonable employer" test. Section 103A(3) lists specific factors: whether sufficient investigation occurred; whether the employee was told of the concerns and given a reasonable opportunity to respond; whether the response was genuinely considered; and whether the employer's actions were reasonable overall. The test applies across dismissal and other disadvantage grievances. ## Common questions about procedural fairness Yes, the terms are used interchangeably in Australian law. "Natural justice" is the older common-law term inherited from English law; "procedural fairness" became the more common term from the 1970s and is now the preferred term in Australian administrative-law cases. Both refer to the same three rules. Not every decision, but most adverse ones. The threshold is whether the decision affects a person's rights, interests, or legitimate expectations. Performance management plans, formal warnings, investigation outcomes, disciplinary action, and dismissal all trigger the obligation. Minor operational decisions (shift allocation, low-stakes assignment changes) generally do not, though consistency and transparency remain good practice. In unfair dismissal cases, a breach of procedural fairness can render the dismissal harsh, unjust, or unreasonable under Fair Work Act s387 even if the underlying conduct was genuinely serious. Typical remedies include reinstatement or compensation (capped at 26 weeks' pay or half the compensation cap, whichever is lower). In general-protections cases, adverse action taken without procedural fairness can attract uncapped compensation and civil penalties. At common law, a denial of procedural fairness can support judicial review and, in some contractual contexts, damages for breach of the implied duty of mutual trust and confidence. Respondents in whistleblower investigations retain full procedural fairness rights. This creates a tension: the whistleblower's statutory right to confidentiality (under the Corporations Act 2001 Part 9.4AAA or the Public Interest Disclosure Act 2013) must be balanced against the respondent's right to know the case against them. Best practice is to share the substance of the allegations (without identifying the whistleblower) and provide a meaningful opportunity to respond before any adverse finding. At minimum: (1) notify the respondent in writing of the substance of the allegations; (2) provide relevant evidence; (3) give a reasonable period (typically 3-7 days for routine matters, longer for complex ones) to respond; (4) consider the response genuinely before making a decision; (5) ensure the decision-maker is free from actual or apparent bias; (6) base the decision on evidence cited in the decision. ## Related reading - [Dealing with Workplace Misconduct in 2025](/articles/dealing-with-workplace-misconduct) - [Dealing With Serious Misconduct In the Workplace](/articles/serious-misconduct) - [How to Set Up an Ethics Hotline – Best Practice for Managing Integrity](/articles/ethics-hotline) ## Sources 1. Fair Work Act 2009 (Cth), s387. [Federal Register of Legislation](https://www.legislation.gov.au/C2009A00028/latest/text). Retrieved 2026-04-19. 2. Fair Work Commission, unfair dismissal benchbook. [FWC](https://www.fwc.gov.au/). Retrieved 2026-04-19. 3. Commonwealth Ombudsman, "Investigation of Complaints". [Ombudsman](https://www.ombudsman.gov.au/). Retrieved 2026-04-19. 4. Employment Relations Act 2000 (NZ), s103A. [New Zealand Legislation](https://www.legislation.govt.nz/act/public/2000/24/en/latest/). Retrieved 2026-04-19. 5. Briginshaw v Briginshaw (1938) 60 CLR 336. _This article is general information only, not legal advice. Laws change and individual circumstances differ. For advice on your specific circumstances, consult a qualified legal practitioner. See our [Terms of Use](/policies/terms) for the full disclaimer._ Interested to find out more? See how Elker can help with compliance and build a culture of accountability and trust in your organisation. [Book a demo](/book-demo) [Get a quote →](/pricing) --- url: https://elker.com/glossary/reportable-conduct title: "Reportable Conduct: Definition and Meaning in Australian Workplaces" description: "Reportable conduct under Australian schemes (NSW, Victoria, ACT, Queensland 2026): what's covered, who must report, and how each scheme operates." locale: en-AU generated: 2026-07-01T14:05:42.410Z --- # Reportable Conduct: Definition and Meaning in Australian Workplaces Reportable conduct under Australian schemes (NSW, Victoria, ACT, Queensland 2026): what's covered, who must report, and how each scheme operates. ByElker Editorial TeamReviewed byJack MurrayPublished3 May 2026Updated19 April 2026 ## What is reportable conduct? Reportable conduct is a specific statutory category of allegations against employees or workers of child-related or child-contact organisations that must be reported to an independent oversight body rather than handled internally alone. It covers sexual offences, sexual misconduct, physical assault, significant emotional or psychological harm, significant neglect, and (in some jurisdictions) behaviour that causes significant harm to a child. ## Reportable conduct in Australian workplaces Reportable Conduct Schemes are operational in three Australian jurisdictions as of April 2026: New South Wales (since 1999), the Australian Capital Territory (since 2017), and Victoria (since 2017). Queensland has enacted the Child Safe Organisations Act 2024 (Qld) and will commence its scheme in phases from 1 July 2026. The Northern Territory has not implemented a scheme; NT reform is being considered as part of a broader replacement of the Care and Protection of Children Act 2007 and the Youth Justice Act 2005. Each operating scheme is administered by an independent oversight body and imposes legal obligations on heads of entity on top of existing mandatory reporting to police and child protection authorities. **NSW** is administered by the Office of the Children's Guardian under the Children's Guardian Act 2019. It covers any "relevant entity" (government departments, non-government schools, religious bodies, out-of-home care agencies, and specified health services). Reportable conduct includes sexual offences, sexual misconduct, ill-treatment, assault, and neglect of a child. The head of entity must notify the OCG of any allegation or conviction within seven business days, provide updates during the investigation, and provide a final report at outcome. **Victoria** is administered by the Commission for Children and Young People under Part 5A of the Child Wellbeing and Safety Act 2005. Coverage includes schools, disability services, out-of-home care, early childhood services, and religious bodies. Reportable conduct categories: sexual offences, sexual misconduct, physical violence, behaviour causing significant emotional or psychological harm, and significant neglect. **ACT** is administered by the ACT Ombudsman under the Ombudsman Act 1989 (ACT). The scheme applies to Territory entities and designated organisations. Categories mirror the NSW scheme. **Queensland** enacted the Child Safe Organisations Act 2024 (Qld) (Act No. 49 of 2024), with the Reportable Conduct Scheme commencing 1 July 2026 in a phased rollout: Phase 1 (1 July 2026) covers child protection, disability, justice/detention, and government bodies; Phase 2 (January 2027) covers education, health, early childhood, and community services; Phase 3 (July 2027) covers commercial services for children, transport, religious bodies, and other child-focused activities. The Queensland Family and Child Commission is the oversight body. The schemes operate alongside, not instead of, mandatory reporting to police and child protection. Where an allegation involves a suspected crime, police must also be notified; where it involves risk of significant harm, the relevant child protection authority must also be notified. Failure to report reportable conduct exposes the head of entity to statutory penalties and reputational consequences. New Zealand does not operate a Reportable Conduct Scheme in the Australian sense. Child-safety obligations are addressed through the Children's Act 2014 (workforce safety-check requirements), the Children, Young Persons, and Their Families Act 1989 (mandatory reporting of abuse), and the Oranga Tamariki Act 1989. The Royal Commission of Inquiry into Historical Abuse in State Care and in the Care of Faith-based Institutions (Whanaketia, 2024) recommended a statutory reportable-conduct framework modelled on Victoria's scheme; legislative response is pending. ## Common questions about reportable conduct No. The schemes cover five or six categories depending on the jurisdiction: sexual offences, sexual misconduct, physical violence or assault, significant emotional or psychological harm, significant neglect, and (in some schemes) behaviour involving children that causes or is likely to cause harm. Physical assault, significant verbal abuse, and persistent failure to provide essential care all fall within scope. The statutory obligation sits with the **head of entity** (the CEO, principal, or equivalent of the relevant organisation). The head of entity may delegate operational notification to a designated contact, but remains legally accountable for compliance. Employees who become aware of reportable conduct have an obligation to tell the head of entity or the designated contact under the organisation's internal policy. No. Reportable conduct obligations sit on top of any other reporting obligations. If the conduct may involve a criminal offence, police must be notified. If the child is at risk of significant harm, the state or territory child protection agency must be notified. The Reportable Conduct Scheme oversight body (OCG, CCYP, ACT Ombudsman, or NT Children's Commissioner) also receives notification and monitors the investigation. The National Principles for Child Safe Organisations (2019, endorsed by all Australian governments) set the cultural and governance baseline for child-safe organisations. Reportable Conduct Schemes are the statutory compliance regime sitting on top of those principles. Implementation of Principle 9 (implementing, monitoring, and reviewing policies and procedures) often maps directly to the scheme's reporting and response requirements. A disclosure that qualifies as both reportable conduct and a public interest disclosure attracts two overlapping legal regimes simultaneously. NSW's Public Interest Disclosures Act 2022, Victoria's Public Interest Disclosures Act 2012, and the ACT's Public Interest Disclosure Act 2012 provide reprisal protection for child-safety disclosures within public-sector and designated-entity contexts. The reportable conduct scheme governs the investigation obligation; the PID regime governs the reprisal protection of the discloser. Best practice is to treat every reportable-conduct report as a protected disclosure by default, even where the PID threshold is unclear. ## Related reading - [Whistleblowing in Aged Care: Protections Under the New Aged Care Act](/articles/whistleblowing-in-aged-care) - [Implementing an Effective Incident Management System: Aged Care Quality and Safety](/articles/incident-management-system-aged-care) - [Dealing with Workplace Misconduct in 2025](/articles/dealing-with-workplace-misconduct) ## Sources 1. Children's Guardian Act 2019 (NSW). [NSW Legislation](https://www.legislation.nsw.gov.au/view/whole/html/inforce/current/act-2019-025). Retrieved 2026-04-19. 2. Child Wellbeing and Safety Act 2005 (Vic), Part 5A. [Victorian Legislation](https://www.legislation.vic.gov.au/in-force/acts/child-wellbeing-and-safety-act-2005). Retrieved 2026-04-19. 3. Office of the Children's Guardian (NSW), Reportable Conduct Scheme. [OCG](https://www.ocg.nsw.gov.au/reportable-conduct-scheme). Retrieved 2026-04-19. 4. Commission for Children and Young People (Victoria), Reportable Conduct Scheme. [CCYP](https://ccyp.vic.gov.au/reportable-conduct-scheme/). Retrieved 2026-04-19. 5. ACT Ombudsman, Reportable Conduct Scheme. [ACT Ombudsman](https://www.ombudsman.act.gov.au/accountability-and-oversight/reportable-conduct). Retrieved 2026-04-19. _This article is general information only, not legal advice. Laws change and individual circumstances differ. For advice on your specific circumstances, consult a qualified legal practitioner. See our [Terms of Use](/policies/terms) for the full disclaimer._ Interested to find out more? See how Elker can help with compliance and build a culture of accountability and trust in your organisation. [Book a demo](/book-demo) [Get a quote →](/pricing) --- url: https://elker.com/glossary/vexatious-complaint title: "Vexatious Complaint: Definition and Meaning in Australian Workplaces" description: "Vexatious complaints in Australian workplaces: the legal test, how they differ from unsubstantiated complaints, and employer good-faith obligations." locale: en-AU generated: 2026-07-01T14:05:42.447Z --- # Vexatious Complaint: Definition and Meaning in Australian Workplaces Vexatious complaints in Australian workplaces: the legal test, how they differ from unsubstantiated complaints, and employer good-faith obligations. ByElker Editorial TeamReviewed byJack MurrayPublished4 May 2026Updated19 April 2026 ## What is vexatious complaint? A vexatious complaint is one made with malicious intent, without reasonable grounds, or for an improper purpose such as harassment, revenge, or obstruction. Under Australian law, a complaint is vexatious only where the complainant lacks an honest belief in the substance of the allegation **and** the complaint is motivated by bad faith. A complaint that turns out to be unsubstantiated is not automatically vexatious. ## Vexatious complaint in Australian workplaces The legal test for "vexatious" varies across Australian statutory schemes but shares a consistent thread of requiring both absence of reasonable belief **and** bad faith. Under the Public Interest Disclosure Act 2013 (Cth) s11, the discloser's immunity from civil, criminal, and administrative liability does not apply where the disclosure is knowingly false or misleading; bad-faith disclosures fall outside the Act's protection. The Fair Work Act 2009 (Cth) s587 permits the Fair Work Commission to dismiss an application if it is "vexatious" (made to harass or annoy, cause delay, or for some other wrongful purpose) or "frivolous" (lacking substance). State public interest disclosure statutes apply a similar standard. NSW's Public Interest Disclosures Act 2022 s18 excludes disclosures that are "knowingly false, misleading, or not made in good faith". Victoria's Public Interest Disclosures Act 2012 s72 allows the Independent Broad-based Anti-corruption Commission to dismiss vexatious or frivolous disclosures. Queensland's Public Interest Disclosure Act 2010 s30 protects disclosures "made in good faith" and exposes bad-faith disclosures to defamation or criminal liability. The Commonwealth Ombudsman's "Better Practice Guide to Managing Unreasonable Complainant Conduct" (2nd edition) provides the leading practical framework for assessing vexatiousness. It emphasises that the burden is on the organisation to establish bad faith, not on the complainant to prove good faith. Honest but mistaken complaints, complaints that prove unfounded after investigation, and complaints from persistent complainants who believe their grievance has merit are **not** vexatious. In New Zealand, the Protected Disclosures (Protection of Whistleblowers) Act 2022 protects disclosures where the discloser has a reasonable belief that the information tends to show serious wrongdoing and makes the disclosure in accordance with the Act. Protection is withheld where the disclosure is made in bad faith, primarily to further a personal grievance, or knowing the information to be false. ## Common questions about vexatious complaint An unsubstantiated complaint is one where the investigation could not find sufficient evidence to confirm the alleged conduct; this says nothing about the complainant's motivation. A vexatious complaint is one made with bad faith and without honest belief, typically intended to harm the respondent. Most unsubstantiated complaints are honestly held and investigated in good faith; they are not vexatious. Only with strong evidence of bad faith. The Commonwealth Ombudsman's guidance makes clear that organisations bear the burden of establishing vexatiousness and that any such determination must be documented with specific supporting evidence. An employer that dismisses a complaint as vexatious without substantiation exposes itself to unfair dismissal, general-protections, and defamation risk. Workers accused in vexatious complaints retain general employment protections and can pursue defamation remedies in serious cases. The Fair Work Act general protections prohibit adverse action taken because of a workplace complaint or inquiry, but do not extend to complaints made in bad faith. Respondents can also be entitled to receive the outcome of the investigation where it clears them, supporting their return to work. Yes. Under both the Public Interest Disclosure Act 2013 (Cth) and state equivalents, protection applies only to disclosures made in good faith and on reasonable grounds. A deliberately false or malicious disclosure loses the statutory protections and may expose the discloser to disciplinary action, civil liability (including defamation), or criminal charges. Investigate with the same rigour as any other complaint. If bad faith becomes apparent during the investigation, document the specific evidence (pattern of behaviour, inconsistent statements, provable false statements) rather than relying on general impressions. Retain independent review of any decision to treat a complaint as vexatious. A good-faith disclosure process should never chill legitimate reporting by labelling complaints vexatious too readily. ## Related reading - [Dealing with Workplace Misconduct in 2025](/articles/dealing-with-workplace-misconduct) - [How to Set Up an Ethics Hotline – Best Practice for Managing Integrity](/articles/ethics-hotline) - [Advantages of Whistleblowing in the Workplace](/articles/advantages-of-whistleblowing-in-the-workplace) ## Sources 1. Fair Work Act 2009 (Cth), s587. [Federal Register of Legislation](https://www.legislation.gov.au/C2009A00028/latest/text). Retrieved 2026-04-19. 2. Public Interest Disclosure Act 2013 (Cth), s11 (Liability for false or misleading disclosures). [Federal Register of Legislation](https://www.legislation.gov.au/C2013A00133/latest/text). Retrieved 2026-04-19. 3. NSW Ombudsman, "Managing unreasonable conduct by a complainant". [NSW Ombudsman](https://www.ombo.nsw.gov.au/guidance-for-organisations/resources/managing-unreasonable-conduct-by-a-complainant). Retrieved 2026-04-19. 4. Fair Work Commission, procedural fairness guidance. [FWC](https://www.fwc.gov.au/). Retrieved 2026-04-19. 5. Protected Disclosures (Protection of Whistleblowers) Act 2022 (NZ). [New Zealand Legislation](https://www.legislation.govt.nz/act/public/2022/20/en/latest/). Retrieved 2026-04-19. _This article is general information only, not legal advice. Laws change and individual circumstances differ. For advice on your specific circumstances, consult a qualified legal practitioner. See our [Terms of Use](/policies/terms) for the full disclaimer._ Interested to find out more? See how Elker can help with compliance and build a culture of accountability and trust in your organisation. [Book a demo](/book-demo) [Get a quote →](/pricing) --- url: https://elker.com/glossary/whistleblower-protection title: "Whistleblower Protection in Australian Workplaces | Elker" description: "Whistleblower protection under Australian law: who is covered, what disclosures qualify, and the Corporations Act and Public Interest Disclosure Act safeguards." locale: en-AU generated: 2026-07-01T14:05:42.488Z --- # Whistleblower Protection: Definition and Meaning in Australian Workplaces Whistleblower protection under Australian law: who is covered, what disclosures qualify, and the Corporations Act and Public Interest Disclosure Act safeguards. ByElker Editorial TeamReviewed byJack MurrayPublished3 May 2026Updated19 April 2026 ## What is whistleblower protection? Whistleblower protection is the set of legal safeguards that prevent retaliation, confidentiality breaches, and adverse action against a person who reports suspected misconduct, illegal conduct, or a danger to the public. In Australia, these safeguards are codified across multiple federal and state statutes rather than a single "Whistleblower Protection Act", and they cover both private-sector and public-sector disclosures. ## Whistleblower protection in Australian workplaces Australian whistleblower protection operates across four main legislative frames, each with its own scope and eligibility criteria. **The Corporations Act 2001 (Cth) Part 9.4AAA** is the private-sector regime, strengthened in July 2019 by the Treasury Laws Amendment (Enhancing Whistleblower Protections) Act 2019. It covers disclosures by current and former employees, officers, contractors, and their relatives about corporate misconduct. Eligible recipients include ASIC, APRA, the ATO, the Australian Federal Police, legal practitioners, and a company's own "eligible recipients" (directors, senior managers, auditors, internal investigators). Protections include immunity from civil, criminal, and administrative liability for the disclosure itself, confidentiality of identity, and compensation rights where a whistleblower suffers detriment. **The Public Interest Disclosure Act 2013 (Cth)** protects disclosures about wrongdoing by Commonwealth public sector agencies and officials. It covers current and former public officials and requires agencies to have internal disclosure procedures. The Moss review (2016), conducted by Philip Moss AM, made 33 recommendations. The Public Interest Disclosure Amendment (Review) Act 2023, which commenced 1 July 2023, implemented 21 of those recommendations and made substantive changes including excluding personal work-related grievances from "disclosable conduct", extending reprisal protection to witnesses, and introducing the "NACC disclosure" category for information provided to the National Anti-Corruption Commission. **Tax-specific whistleblower protections** sit inside the Taxation Administration Act 1953. Protections were aligned with the Corporations Act regime in the 2019 reforms. **Fair Work Act 2009 general protections** operate as a backstop against adverse action taken because of a workplace complaint or inquiry. These apply more broadly than the dedicated whistleblower schemes and cover disclosures that might not meet the narrower eligibility tests above. Each state and territory also has its own public sector whistleblower statute (the Public Interest Disclosure Act in Queensland, Victoria, South Australia, and the ACT; the Public Interest Disclosures Act in NSW; the Protected Disclosures Act in Tasmania; the Public Interest Disclosure Act 2003 in WA). Coverage and thresholds differ between jurisdictions. In New Zealand, the Protected Disclosures (Protection of Whistleblowers) Act 2022 replaced the 2000 Act and created a broader, clearer regime covering both public and private-sector disclosures. The 2022 Act requires all public-sector organisations to have internal disclosure procedures and lowered the bar for what counts as a protected disclosure. ## Common questions about whistleblower protection No. A complainant raises a grievance about their own treatment (for example, a bullying or discrimination complaint). A whistleblower discloses suspected wrongdoing affecting the organisation or the public, typically about another person's or the organisation's conduct. The two categories overlap in practice, and the same facts can ground both a complaint and a whistleblower disclosure. Different legal protections apply to each. The Corporations Act 2001 Part 9.4AAA protects disclosures about regulated corporate entities (public companies, large proprietary companies, ADIs, insurers, superannuation trustees). The Public Interest Disclosure Act 2013 protects disclosures about Commonwealth public-sector conduct. A disclosure can fall under either regime depending on the entity involved, but rarely both. State and territory Public Interest Disclosure statutes cover state and local government entities separately. Yes. Private-sector protections under the Corporations Act focus on "misconduct or an improper state of affairs" in regulated entities and exclude personal work-related grievances. Public-sector protections under the PID Act 2013 focus on "disclosable conduct" and explicitly include maladministration and improper use of public resources. The two regimes have different eligible-recipient lists, different investigation timeframes, and different oversight bodies (ASIC and APRA versus the Commonwealth Ombudsman and agency heads). Yes. Under both the Corporations Act and the Public Interest Disclosure Act, former employees, officers, and contractors remain "eligible whistleblowers" or "public officials" for disclosure purposes. There is no statutory time limit after separation. This is a significant difference from many employment-law claims which are time-bound to the period of engagement. The US SEC programme offers monetary awards of 10-30% of sanctions over USD 1 million where a whistleblower's tip leads to a successful enforcement action. Australia has no equivalent financial reward scheme. Australian protections focus on non-retaliation, confidentiality, and compensation for detriment, but do not compensate whistleblowers for the value of information disclosed. The Australian regime is also narrower in scope, covering only specified regulated entities rather than any publicly traded company. ## Related reading - [Understanding the Public Interest Disclosure Act 2013: The Role of Anonymous Reporting](/articles/public-interest-disclosure-act-2013) - [Corporations Act: Whistleblower Protections in Australia](/articles/corporations-act-whistleblower-protections) - [Advantages of Whistleblowing in the Workplace](/articles/advantages-of-whistleblowing-in-the-workplace) ## Sources 1. Corporations Act 2001 (Cth), Part 9.4AAA. [Federal Register of Legislation](https://www.legislation.gov.au/C2004A00818/latest/text). Retrieved 2026-04-19. 2. Public Interest Disclosure Act 2013 (Cth). [Federal Register of Legislation](https://www.legislation.gov.au/C2013A00133/latest/text). Retrieved 2026-04-19. 3. Treasury Laws Amendment (Enhancing Whistleblower Protections) Act 2019 (Cth). [Federal Register of Legislation](https://www.legislation.gov.au/C2019A00014/latest/text). Retrieved 2026-04-19. 4. ASIC Regulatory Guide 270: Whistleblower policies. [ASIC](https://asic.gov.au/about-asic/asic-investigations-and-enforcement/whistleblowing/whistleblower-rights-and-protections/). Retrieved 2026-04-19. 5. Protected Disclosures (Protection of Whistleblowers) Act 2022 (NZ). [New Zealand Legislation](https://www.legislation.govt.nz/act/public/2022/20/en/latest/). Retrieved 2026-04-19. _This article is general information only, not legal advice. Laws change and individual circumstances differ. For advice on your specific circumstances, consult a qualified legal practitioner. See our [Terms of Use](/policies/terms) for the full disclaimer._ Interested to find out more? See how Elker can help with compliance and build a culture of accountability and trust in your organisation. [Book a demo](/book-demo) [Get a quote →](/pricing) --- url: https://elker.com/glossary/workplace-mobbing title: "Workplace Mobbing: Definition and Meaning in Australian Workplaces" description: "Workplace mobbing under Australian and New Zealand law: how it differs from bullying, and employer obligations under WHS and anti-discrimination law." locale: en-AU generated: 2026-07-01T14:05:42.530Z --- # Workplace Mobbing: Definition and Meaning in Australian Workplaces Workplace mobbing under Australian and New Zealand law: how it differs from bullying, and employer obligations under WHS and anti-discrimination law. ByElker Editorial TeamReviewed byJack MurrayPublished3 May 2026Updated19 April 2026 ## What is workplace mobbing? Workplace mobbing is a pattern of repeated, hostile behaviour directed at a single employee by multiple colleagues or by a group acting collectively. It is distinguished from individual bullying by the coordinated or collective nature of the conduct and typically involves exclusion, sabotage, rumour-spreading, and sustained undermining over weeks or months. ## Workplace mobbing in Australian workplaces Australian law does not treat "mobbing" as a separate statutory category; it is handled under the broader framework for workplace bullying and psychosocial hazards. The Fair Work Act 2009 (Cth) s789FD defines bullying at work as repeated unreasonable behaviour by an individual or **a group** towards a worker that creates a risk to health and safety. The explicit reference to group conduct means mobbing falls squarely within the Fair Work Commission's anti-bullying jurisdiction when it occurs in a constitutionally covered business. A worker subject to mobbing can apply to the FWC for a stop-bullying order under Part 6-4B of the Fair Work Act, or pursue remedies under state-based WHS legislation. Safe Work Australia's model WHS Regulations (as adopted by most jurisdictions from 1 April 2023 and progressively since) classify bullying and mobbing as **psychosocial hazards** that employers must identify, assess, and control so far as is reasonably practicable. NSW's Code of Practice: Managing Psychosocial Hazards at Work (in force from October 2022) and Victoria's OHS (Psychological Health) Regulations 2025 (in force from 1 December 2025) both explicitly list group hostility and exclusion as psychosocial risk factors. Where mobbing has a protected-attribute dimension (gender, race, disability, age, sexual orientation, religion), it may also engage the Sex Discrimination Act 1984 (Cth), the Racial Discrimination Act 1975 (Cth), the Disability Discrimination Act 1992 (Cth), or the Age Discrimination Act 2004 (Cth), as well as state anti-discrimination statutes. New Zealand does not have a single statutory bullying provision; mobbing is addressed through the Health and Safety at Work Act 2015 (employers' primary duty to manage psychosocial hazards), the Employment Relations Act 2000 (personal grievance for unjustified disadvantage), and the Human Rights Act 1993 where a protected ground is engaged. WorkSafe New Zealand's April 2025 Good Practice Guidelines on workplace mental health explicitly name "group hostility" and "exclusion" as recognised hazard patterns. ## Common questions about workplace mobbing Bullying typically involves one aggressor acting against one target. Mobbing involves multiple aggressors, either acting collectively or in coordinated succession. Research by Heinz Leymann, who coined the term in industrial psychology literature in the 1980s, identified 45 behaviours characteristic of mobbing, ranging from withholding information to public humiliation. Legally, both are captured under "repeated unreasonable behaviour" in the Fair Work Act definition, but the group dimension often makes mobbing harder to evidence and more damaging to the target. Three features distinguish mobbing from one-off hostile conduct: duration (typically weeks to months of sustained behaviour), coordination (multiple participants acting in concert or in visible succession), and escalation (behaviours intensify or proliferate as time passes rather than remaining constant). An isolated incident of exclusion or public criticism does not meet the mobbing threshold; the same behaviour repeated across a team over a quarter does. Because group dynamics reinforce the conduct. Once multiple colleagues participate, each participant's behaviour normalises the others'. Bystanders may join in to avoid becoming targets themselves. Targets often delay formal reporting because they doubt their own perception ("everyone treats me this way, so maybe it's me"). The collective nature also makes managerial intervention harder, as addressing mobbing requires action against multiple people at once rather than a single offender. No. The Fair Work Act 2009 uses the term "bullying at work" and defines it by reference to "repeated unreasonable behaviour by an individual or a group" (s789FD). Courts, the Fair Work Commission, and psychosocial-hazard regulators in Australia treat mobbing as a subset of bullying rather than a distinct legal category. The term remains common in academic and HR literature, and internationally in jurisdictions such as Sweden (where Leymann's research was conducted) and France (where "harcèlement moral" statutes explicitly recognise mobbing). Yes. Every Australian WHS jurisdiction now treats bullying and mobbing as psychosocial hazards that employers must manage under their primary duty of care. Failing to identify, assess, or control the risk is an enforceable WHS breach and can attract significant penalties. ## Related reading - [Understanding and Preventing Workplace Bullying](/articles/understanding-and-preventing-workplace-bullying) - [Signs of a Toxic Workplace: 7 Red Flags to Look Out For](/articles/signs-of-a-toxic-workplace) - [Psychosocial hazards at work - changes to Australian WHS laws](/articles/psychosocial-hazards-at-work) ## Sources 1. Fair Work Act 2009 (Cth), Part 6-4B (Workers bullied at work). [Federal Register of Legislation](https://www.legislation.gov.au/C2009A00028/latest/text). Retrieved 2026-04-19. 2. Fair Work Commission, "Bullying at work". [FWC](https://www.fwc.gov.au/workplace-disputes/bullying). Retrieved 2026-04-19. 3. Safe Work Australia, "Workplace bullying". [Safe Work Australia](https://www.safeworkaustralia.gov.au/safety-topic/hazards/bullying). Retrieved 2026-04-19. 4. NSW Code of Practice: Managing Psychosocial Hazards at Work (2022). [SafeWork NSW](https://www.safework.nsw.gov.au/). Retrieved 2026-04-19. 5. WorkSafe New Zealand, Good Practice Guidelines: Mental Health at Work (April 2025). [WorkSafe NZ](https://www.worksafe.govt.nz/topic-and-industry/work-related-health/mental-health/). Retrieved 2026-04-19. _This article is general information only, not legal advice. Laws change and individual circumstances differ. For advice on your specific circumstances, consult a qualified legal practitioner. See our [Terms of Use](/policies/terms) for the full disclaimer._ Interested to find out more? See how Elker can help with compliance and build a culture of accountability and trust in your organisation. [Book a demo](/book-demo) [Get a quote →](/pricing) --- url: https://elker.com/how-reporting-works title: "How reporting works | Elker" description: "How Elker keeps reports private: anonymity by design, encryption at every step, access limited to nominated reviewers, and trusted cloud infrastructure." locale: en-AU generated: 2026-07-01T14:05:42.570Z --- For reporters # How reporting with Elker works However your organisation has asked you to speak up, this is how our platform keeps your report secure and your information private. Platform protections ## How the platform protects you Elker is built so that only the reviewers your organisation has nominated can read a report. Your manager, your employer's IT team, and Elker's own staff are kept out of the platform by design. These controls apply to every report, on every deployment. ### Anonymity by design You can report without giving your name, email, or phone. Your case is identified by a unique reference, and the tracking your device normally sends is removed before anything reaches your reviewer. ### Encrypted at every step Every report, message, and file is locked with strong, industry-standard encryption while it travels to Elker and while it’s stored. Anyone watching the connection sees scrambled data, not what you wrote. ### Role-based access Only the reviewers your organisation has nominated can open a case. Managers, IT, and general staff have no access. Every view, edit, and download is logged so nothing happens off the record. ### Separate from employer systems Elker runs on independent infrastructure. Your report never passes through your employer’s email, file shares, or staff IT systems. ### Your organisation’s own space Your organisation’s data is held in a dedicated space, separate from every other Elker client. No other organisation can see your reports, and your reports are never mixed with anyone else’s. ### Stored on trusted cloud infrastructure Your data is held on Amazon’s secure cloud and stays encrypted while it’s stored. Both Amazon and Elker are reviewed by independent security auditors every year. ### Strictly limited Elker staff access Elker employees can’t read your reports in normal operations. Only the reviewers your organisation has nominated can open a submitted report, and every access is logged. ### Independently audited Elker holds ISO 27001 and SOC 2, independent security certifications that mean our controls, processes, and infrastructure are checked every year by outside auditors. ### Retention and deletion Your organisation sets how long closed cases are kept. When data is deleted, it is removed from our systems and any backup copies expire on a fixed timetable. Your reporting journey ## What happens, step by step The questions you're asked will differ by organisation. The actions you take, and the way your information is handled, are the same everywhere. 1. 01 ### Open your organisation’s page You arrive at a secure page hosted by Elker on your organisation’s behalf. No account, no sign-in required to start. 2. 02 ### Read what’s available Your organisation’s Elker start page explains what you can report through the Elker channel, who sees and reviews reports, and what happens next. 3. 03 ### Answer a few questions A short form asks for the details your organisation needs to look into what happened. You decide how much to share and whether to include your name. 4. 04 ### Submit your report Your report is encrypted and delivered to a small, named group of reviewers. You receive a unique case reference at this point. 5. 05 ### Return to your dashboard Sign back in with whatever option you set up: email, phone number, username and password, the Elker app, or a one-time login key. Read updates, answer questions from the reviewer, or add more information, without revealing your identity. A tip for extra privacy: make a note of your organisation's Elker link and consider submitting your report from a personal device, outside your work network. The platform works from anywhere with an internet connection. Our commitments ## What we don't do Some concrete promises about what your information is never used for. - We don’t share your report with your employer beyond the information you submit and the messages you choose to send. - We don’t use your report content to train or fine-tune AI models. Your words are never added to any training dataset, by Elker or anyone else. - We don’t sell, rent, or share report data with advertisers, data brokers, or any third party for marketing or research. - We don’t keep a record of your computer’s internet address (your IP) beyond the moment your browser first connects to us. It never appears next to anything you write. - We don’t keep deleted cases on our systems once your organisation’s retention period ends, and any backup copies expire on the same timetable. - We don’t require your name, email, or phone number to submit a report. Sharing those details is your choice. Common questions ## Answers to what reporters ask If you submit anonymously, your employer sees the content of your report and any messages you send, but not your identity. The reviewer cannot unmask you. For more on how anonymity works in practice, see our explainer on [anonymous reporting](/articles/anonymous-reporting-advantages-disadvantages). Not in the course of normal operations. Elker employees access an individual case only at the written request of your organisation’s admin, typically for a specific support issue, and every such access is recorded in the audit trail. Sign back in with your chosen login option. You can add messages, attach more evidence, and see updates from the reviewer without revealing your identity. Yes. Every report you submit is isolated from the others inside the platform. Submitting multiple reports from the same dashboard does not link them together in a way that would risk identifying you. Because anonymous reports are genuinely anonymous, Elker has no way to verify who you are if you lose access to your login. We can’t reset a password or send you a new login link the way a typical web service can. If you do lose access, the best step is to submit a new report that briefly references your earlier one; the reviewer can then link the two and continue the conversation with you. Information you give Elker is treated as confidential by your organisation. The law requires disclosure only in narrow situations: when there is a serious risk to someone’s safety, when a child’s safety is involved, when mandatory reporting rules apply, or when a regulator or law enforcement body makes a lawful request. Your organisation’s own policy will spell out exactly what applies in your context. You can ask the reviewer to close the case via the dashboard. Your organisation will handle the request in line with their own policy; they may still need to act on safety-critical information. Elker itself does not impose a time limit. Your organisation’s own policy, and any relevant legislation, may set timeframes for specific concern types. The guidance on your organisation’s reporting page will make this clear. Submit it anyway. Reviewers are trained to triage and redirect concerns that belong elsewhere, and you will receive an explanation via the dashboard if that happens. Nothing about a redirected report is shared back with the broader organisation. If this is an emergency or involves imminent harm, contact your local emergency services first. Elker is not an emergency reporting channel. --- url: https://elker.com/nz/about title: "About Us | Meet the Team | Elker" description: "Anonymous reporting, online ethics hotline, surveys, analytics and case management to help people speak up" locale: en-NZ generated: 2026-07-01T14:05:42.659Z --- # About us Elker is an anonymous reporting platform that allows people to [speak up](/articles/speak-up-culture) about workplace issues such as harassment, [discrimination](/articles/discrimination-in-the-workplace), corruption, and [misconduct](/articles/dealing-with-workplace-misconduct). Designed for businesses, universities, government agencies and organisations, we provide secure tools to communicate effectively with your employees, students and members. Our platform offers tools that adapt to your organisation: [anonymous reporting](/articles/anonymous-reporting-advantages-disadvantages), surveys, analytics, case management -[see our full feature list](/features). Building **trust and transparency** with ## Our story At the heart of Elker lies a clear principle: every person should have a space to speak openly, be genuinely understood, and find effective resolutions. Our founders, Shirli Kirschner and Jack Murray, bring their unique expertise to this shared vision. Shirli Kirschner, with a background in law, mediation and dispute system design, worked at leading Australian law firms, including Allens and Gilbert & Tobin. As Director of Resolve Advisors, Shirli supported a range of businesses to develop early intervention systems that provide better outcomes for individuals needing support and was a leader in systems for the prevention and resolution of disputes. As a sessional Registrar at the Federal Circuit Court, Shirli saw how many businesses could resolve issues prior to court if only they had a way of knowing about them earlier. Jack Murray combines his tech knowledge with a strong commitment to privacy. Jack was inspired to build Elker after learning from people firsthand about the struggles they faced when navigating challenges at university and at work. With his background in law and communication, Jack saw the need for a platform that provided more than just a communication outlet – one that offered genuine understanding and a supportive user experience for people experiencing difficulty. Elker stands on three primary pillars: 1. **Transparency**: Everyone should clearly understand processes and feel a part of them.  2. **Agency**: People should have control over their stories and be active in finding solutions.  3. **Choice**: We recognise that each incident is unique. Systems must be flexible for people to choose their course of action. Elker offers: 1. **A** [**trauma-informed approach**](/articles/person-centred-and-trauma-informed-approach): We handle each story with the sensitivity and understanding it deserves.  2. **Expert guidance**: With the help of legal professionals and Shirli’s rich mediation experience, we provide comprehensive guidelines.  3. **Adaptive flexibility**: In recognising the diversity of business structures and needs, our software modules were designed to adapt to any organisation. 4. **Tailored analytics**: Our custom analytics provide businesses with unique insights to identify workplace trends and ensure alignment with local laws. 5. **A progressive workplace culture**: With our collective experience, we encourage workplaces to adopt a proactive, agile approach, emphasising the importance of dialogue and early intervention. Our journey at Elker is about honouring the many stories we've heard in workplaces, universities and organisations. It's about building an ecosystem where every voice, concern and hope finds its rightful echo. Welcome to Elker, where your voice truly matters. ## Built with decades of triage and dispute resolution experience Elker brings together problem solvers, developers and designers with experience in making it easy to speak up. ## Operations team - ![Elker team: Amit Shah](https://media.elker.com/ec659622-f08c-4716-a9a7-b39fdf63080d/amit-shah-elker.jpg) ### Amit Shah CFO - ![Elker team: Angie Fajardo](https://media.elker.com/ffdba867-e0f8-4719-ac4f-9d0fb302b0de/angie-fajardo.jpg) ### Angie Fajardo Director of Digital Transformation - ![Elker team: Bryan McLeod ](https://media.elker.com/5683b99a-c107-4619-b728-e4a54d3ca34a/bryan-mcleod-elker.jpg) ### Bryan McLeod CISO - ![Elker team: Jack Murray](https://media.elker.com/c7780bea-3f36-4577-a647-6747cfc79cfa/jack-murray-elker.jpg) ### Jack Murray Co-founder & CIO - ![Elker team: Shirli Kirschner](https://media.elker.com/e1d339ea-86bb-43a3-9068-4e2badb3a3c3/shirli-kirschner-elker.jpg) ### Shirli Kirschner Co-founder & COA ## Board - ![Elker team: Britt Bloom](https://media.elker.com/4ab75246-06bf-41d7-aff0-2fcf19c03a5c/britt-bloom-elker.jpg) ### Britt Bloom - ![Elker team: Jim Hassell](https://media.elker.com/7a898882-487d-4733-86a8-ec8355185250/jim-hassell-elker.jpg) ### Jim Hassell Chairperson - ![Elker team: Peter Leonard ](https://media.elker.com/4f97d2d3-d807-4231-beb7-d634123dc033/peter-leonard-elker.jpg) ### Peter Leonard Data & Security ## Consultants - ![Elker team: Claire Alder ](https://media.elker.com/361df074-6c43-4e21-97bb-9b172a3a7374/claire_alder_elker_f58ce4e2eb.jpg) ### Claire Alder Investigator & mediator - ![Elker team: David Bryson ](https://media.elker.com/d4c4db6f-9299-4269-97f4-d2c596307c9a/david-bryson-elker.jpg) ### David Bryson Change management, OH&S - ![Elker team: David Toll](https://media.elker.com/39a9fc61-70e7-45e6-b4af-3187801c282d/david-toll-elker-network.jpg) ### David Toll - ![Elker team: Dr. Rosemary Howell](https://media.elker.com/72ea0e10-5156-47a0-b941-cbcad4c010bd/rosemary-howell-elker.jpg) ### Dr. Rosemary Howell Professional services - ![Elker team: Jacquie Wharton](https://media.elker.com/d1b69be2-29f1-4688-89ae-576e20db638e/jacquie-wharton-elker.jpg) ### Jacquie Wharton Inter-personal disputes - ![Elker team: Lynora Brooke ](https://media.elker.com/afac48d4-e4cc-45aa-9b6d-57c15ae98b8f/lynora-brooke-elker.jpg) ### Lynora Brooke Conflict coaching - ![Elker team: Steve Lancken](https://media.elker.com/290483dc-f613-4c7a-a336-a8a772bf1ad5/steve-lancken-elker.jpg) ### Steve Lancken Commercial mediator Interested to find out more? See how Elker can help with compliance and build a culture of accountability and trust in your organisation. [Book a demo](/nz/book-demo) [Get a quote →](/nz/pricing) --- url: https://elker.com/nz/blog title: "Blog | Insights Into Workplace Reporting | Elker" description: "The latest in workplace compliance, culture insights and anonymous reporting for a safer work environment." locale: en-NZ generated: 2026-07-01T14:05:44.091Z --- # Insights An organisation's integrity begins with a resilient workplace culture, strong compliance program, and accessible reporting channels. Discover actionable strategies to create a safer, more ethical work environment. [All](/nz/blog) [Compliance](/nz/blog/compliance)[Cultural change](/nz/blog/cultural-change)[Reporting](/nz/blog/reporting) [ ![The Nz Modern Slavery Bill 2026 What You Need to Know](https://media.elker.com/b9e61aa2-1089-4f52-8f54-65c0a63beb96/the-nz-modern-slavery-bill-2026-what-you-need-to-know.png?width=992) ](/nz/articles/nz-modern-slavery-bill-2026) [ ### The NZ Modern Slavery Bill 2026: what New Zealand employers need to know Apr 30, 2026 ](/nz/articles/nz-modern-slavery-bill-2026) [ ![The NZ Privacy Act 2020 and anonymous reporting - what employers need to know](https://media.elker.com/3a94bbc5-ad2f-453c-b602-fa038e406054/nz-privacy-act-2020-anonymous-reporting-article.png?width=992) ](/nz/articles/nz-privacy-act-2020-anonymous-reporting) [ ### The NZ Privacy Act 2020 and anonymous reporting: what employers need to know Apr 15, 2026 ](/nz/articles/nz-privacy-act-2020-anonymous-reporting) [ ![The NZ Protected Disclosures Act 2022 - an employer's guide](https://media.elker.com/bc85149d-38bd-4fa0-9d05-10cc55b59cce/nz-protected-disclosures-act-2022-article.png?width=992) ](/nz/articles/nz-protected-disclosures-act-2022) [ ### The NZ Protected Disclosures Act 2022: an employer's guide Apr 15, 2026 ](/nz/articles/nz-protected-disclosures-act-2022) [ ![Person on Computer using Case Management Software with text "Case management software for sensitive matters: a complete guide"](https://media.elker.com/be4ffc70-44ce-4ffe-9b52-7d3a9735a83f/case-management-software.png?width=992) ](/nz/articles/case-management-software) [ ### Case management software for sensitive matters: a complete guide Apr 1, 2026 ](/nz/articles/case-management-software) [ ![Best Whistleblowing Software 2025](https://media.elker.com/9a3b68e0-4dc7-4f45-aa3a-6bfd5894b9be/essential_guide_to_whistleblowing_f2c930ce0e.png?width=992) ](/nz/articles/whistleblowing-software) [ ### Best whistleblowing software 2026: 15 vendors compared (features, pricing, compliance) Jan 8, 2025 ](/nz/articles/whistleblowing-software) [ ![Building a resilient cybersecurity culture: enhancing organisational resilience](https://media.elker.com/e6da8a76-f2a0-4c1e-b348-d24c19ece8b1/cybersecurity_culture_1.png?width=992) ](/nz/articles/cybersecurity-culture) [ ### Building a Resilient Cybersecurity Culture Nov 15, 2024 ](/nz/articles/cybersecurity-culture) [ ![Creating a psychologically safe workplace: Strategies for success](https://media.elker.com/423d39f5-b6b8-46be-a957-e83fcc1c84d8/psychologically_safe_workplace_1.png?width=992) ](/nz/articles/psychologically-safe-workplace) [ ### Creating a Psychologically Safe Workplace: Strategies for Success Aug 15, 2024 ](/nz/articles/psychologically-safe-workplace) [ ![Creating a mentally healthy workplace: guide for employers](https://media.elker.com/6ac9e991-4f8e-4b47-a78b-ed845fccec8f/mentally-healthy-workplace-1.png?width=992) ](/nz/articles/mentally-healthy-workplace) [ ### Creating a Mentally Healthy Workplace: A Step-By-Step Guide Jun 25, 2024 ](/nz/articles/mentally-healthy-workplace) [ ![Signs of a toxic workplace: 7 red flags to look out for](https://media.elker.com/d82ad97c-f5af-46da-b0e8-7d790b3472d7/signs_toxic_workplace_1.png?width=992) ](/nz/articles/signs-of-a-toxic-workplace) [ ### Signs of a Toxic Workplace: 7 Red Flags to Look Out For May 15, 2024 ](/nz/articles/signs-of-a-toxic-workplace) [ ![Anonymous reporting for schools to enhance safety](https://media.elker.com/95e82cfb-04ea-4f76-8ee1-64f15a714c5a/anonymous_reporting_for_schools_1.png?width=992) ](/nz/articles/anonymous-reporting-for-schools) [ ### Anonymous Reporting App for Schools to Enhance Safety Apr 3, 2024 ](/nz/articles/anonymous-reporting-for-schools) [ ![ISO 37002: implementing an effective whistleblowing management system](https://media.elker.com/cac2e30f-ae8f-427b-98d4-b31f710655dd/iso_37002_certification_1.png?width=992) ](/nz/articles/iso-37002) [ ### ISO 37002 & Certification FAQ: Whistleblowing Management System Mar 22, 2024 ](/nz/articles/iso-37002) [ ![How anonymous employee feedback can transform your organisation](https://media.elker.com/d0ed7088-8ae5-4d01-859f-ada1032db5ba/anonymous_employee_feedback_1.png?width=992) ](/nz/articles/anonymous-employee-feedback) [ ### How to Collect Anonymous Employee Feedback Mar 1, 2024 ](/nz/articles/anonymous-employee-feedback) [ ![Employee engagement surveys: Questions for quality workplace insights](https://media.elker.com/3a95efcd-cb81-4c5b-b2c1-402b7085e872/employee-engagement-survey-guide.png?width=992) ](/nz/articles/employee-engagement-survey-questions) [ ### Employee Engagement Survey: Questions for Quality Workplace Insights 2024 Feb 26, 2024 ](/nz/articles/employee-engagement-survey-questions) [ ![Elker Co-Founder, Shirli Kirschner, Talks to Tracey Spicer on Game Changers](https://media.elker.com/cc136a04-047c-442a-8e10-ceae0162407b/game-changers-shirli-elker.jpeg?width=992) ](/nz/articles/shirli-kirschner-game-changers) [ ### Elker Co-Founder, Shirli Kirschner, Talks to Tracey Spicer on Game Changers Feb 26, 2024 ](/nz/articles/shirli-kirschner-game-changers) [ ![Dealing with workplace misconduct: regulations and strategies ](https://media.elker.com/98cef075-e76c-47e9-b903-c4bb6a3b8de5/misconduct-workplace-strategies.png?width=992) ](/nz/articles/dealing-with-workplace-misconduct) [ ### Dealing with Workplace Misconduct in 2025 Oct 18, 2023 ](/nz/articles/dealing-with-workplace-misconduct) [ ![What is victimisation: A guide for employers](https://media.elker.com/674e9ac1-d1c3-4520-b123-276cde92a345/what-is-victimisation.jpeg?width=992) ](/nz/articles/what-is-unlawful-victimisation-in-the-workplace) [ ### What is victimisation? Workplace definition, examples and your legal protections (Australia) Oct 13, 2023 ](/nz/articles/what-is-unlawful-victimisation-in-the-workplace) [ ![Respect in the workplace: Tips for a positive work environment](https://media.elker.com/790a4563-d39c-404f-998a-1fd0f12f0e39/tips-respectful-workplace.png?width=992) ](/nz/articles/respect-in-the-workplace) [ ### Respect in the workplace – tips for a positive work environment Oct 11, 2023 ](/nz/articles/respect-in-the-workplace) [ ![The bystander effect in the workplace: Learn intervention strategies to prevent violence at work](https://media.elker.com/f2de8e81-432a-4cf8-b1ea-968b961915dc/bystander-effect-intervention-strategies.jpeg?width=992) ](/nz/articles/bystander-effect-in-the-workplace) [ ### The bystander effect in the workplace. Learn intervention strategies to prevent violence at work. Oct 10, 2023 ](/nz/articles/bystander-effect-in-the-workplace) [ ![What is trauma-informed care?](https://media.elker.com/28e7397f-a8ab-45e1-8f1a-ba5ad4915b6c/trauma-informed-care.jpeg?width=992) ](/nz/articles/person-centred-and-trauma-informed-approach) [ ### Person-centred and trauma-informed approaches at work: a guide for Australian employers Oct 7, 2023 ](/nz/articles/person-centred-and-trauma-informed-approach) [ ![Combatting virtual harassment in remote work](https://media.elker.com/1a1e1585-1b24-42e9-8aa2-58f74f968438/combatting-virtual-harassment.jpeg?width=992) ](/nz/articles/combating-virtual-harassment-in-remote-work) [ ### Combating Virtual Harassment In Remote Work Sep 15, 2023 ](/nz/articles/combating-virtual-harassment-in-remote-work) [ ![understanding and preventing bullying at working using anonymous reporting](https://media.elker.com/252d17ed-1ca8-4f5a-9068-5a8df0d0052f/preventing-bullying-work.jpeg?width=992) ](/nz/articles/understanding-and-preventing-workplace-bullying) [ ### Understanding and Preventing Workplace Bullying Aug 30, 2023 ](/nz/articles/understanding-and-preventing-workplace-bullying) [ ![The advantages and disadvantages of anonymous reporting in the workplace: guide](https://media.elker.com/3cb21258-85ed-49fc-b1c4-526bc3e98e56/anonymous-reporting-benefits.jpeg?width=992) ](/nz/articles/anonymous-reporting-advantages-disadvantages) [ ### Anonymous Reporting In the Workplace - Advantages and Disadvantages Aug 10, 2023 ](/nz/articles/anonymous-reporting-advantages-disadvantages) [ ![Guide: The essential guide to conducting a cultural audit in the workplace](https://media.elker.com/3d0c4135-c4ec-4974-b53e-4169dba729c3/cultural-audit-workplace.png?width=992) ](/nz/articles/culture-audit-guide) [ ### What Is a Culture audit? A Guide to Improve Your Workplace Culture Jul 24, 2023 ](/nz/articles/culture-audit-guide) [ ![Dealing with serious misconduct in the workplace: Guide](https://media.elker.com/b104eb48-7468-4115-ab4b-9509bb2abaa1/serious-misconduct.png?width=992) ](/nz/articles/serious-misconduct) [ ### Dealing With Serious Misconduct In the Workplace Aug 1, 2022 ](/nz/articles/serious-misconduct) [ ![What is whistleblowing - a guide for Australian employers](https://media.elker.com/be0f2beb-6985-49d8-8d88-6ba1b1d0f4f9/what-is-whistleblowing.png?width=992) ](/nz/articles/what-is-whistleblowing) [ ### What is whistleblowing? Understand the benefits and obligations Nov 5, 2020 ](/nz/articles/what-is-whistleblowing) --- url: https://elker.com/nz/book-demo title: "Book a Demo of the Reporting Platform | Elker" description: "Get a walk-through of our anonymous reporting platform. Speak to us about reporting, analytics and surveys." locale: en-NZ generated: 2026-07-01T14:05:44.130Z --- # Book a demonstration of the Elker platform Book directly through our calendar. Alternatively, you can [contact us](/nz/contact) and we will get back to you within one business day. ## Frequently asked questions Elker is an [anonymous reporting](/nz/articles/anonymous-reporting-advantages-disadvantages) platform that allows individuals to speak up about workplace issues such as harassment, discrimination, and misconduct. Beyond reporting, it offers tools for surveys, analytics, case management and reporting to foster open communication and compliance within organisations. The full list of [features](/nz/features) can be found here. Elker was designed for Australian universities, businesses, and peak bodies. Any organisation seeking to enhance transparency, address misconduct, and foster a safe environment can benefit from Elker.  At present, we don't offer a trial version due to the custom setup tailored to each client. However, for a comprehensive look at our software, please book a demonstration. During this session, we can address your particular requirements and provide further demonstrations as needed. Elker's pricing varies based on your organisation's size, required features, and specific compliance needs. Our first step is to understand the challenges your organisation hopes to address. As experts in dispute systems design, we propose solutions tailored to your organisation. We ensure transparent pricing. Schedule a demonstration, and we'll deliver a customised pricing guide within 24 hours. Yes, Elker's platform offers flexible and customisable workflows to cater to an organisation's specific needs. This ensures that the reporting and case management processes align with the unique structures and objectives of different entities. If a must-have feature is missing from our software, please [contact us](/nz/contact). It may be possible to develop this feature specifically for your organisation or integrate this tool for all Elker users. Elker was designed by experts in triage and dispute resolution. We recognise the critical importance of shielding [whistleblowers](/nz/articles/what-is-whistleblowing) from retaliation. As such, our software adheres to [stringent security protocols](/nz/security), including ISO27001 standards. With Elker, reporters can use encrypted end-to-end messaging to remain entirely anonymous. Throughout the reporting process, Elker guides both reporters and responders, ensuring their privacy and safety are maintained.  All Elker subscriptions come with a technical support package included. Support includes technical training for the platform, configuration and development of new features. We are always available to assist within a very short turnaround time. The [Elker](/nz/about) team and our network of consultants have deep expertise in receiving, triaging and resolving issues. Our founder, Shirli Kirscher, has over 30 years of experience creating and implementing resolution processes in organisations of all shapes and sizes. ## Trusted across all sectors Join a growing list of organisations making a difference --- url: https://elker.com/nz/contact title: "Contact Us | Improve Your Reporting Channels | Elker" description: "Contact the Elker team to discuss anonymous reporting, feedback, analytics and how we can work with you to build a secure reporting system." locale: en-NZ generated: 2026-07-01T14:05:44.169Z --- # Speak to us about how we can improve your reporting channels Contact the Elker team to discuss [anonymous reporting](/articles/anonymous-reporting-advantages-disadvantages), feedback, analytics and how we can work with you to build a secure reporting system. Email hello@elker.com Address 6-14 Oxford St, Darlinghurst NSW Australia ## Frequently asked questions Elker is an anonymous reporting platform that allows individuals to speak up about workplace issues such as harassment, discrimination, and misconduct. Beyond reporting, it offers tools for surveys, analytics, case management and reporting to foster open communication and compliance within organisations. The full list of [features](/nz/features) can be found here. Elker was designed for Australian universities, businesses, and peak bodies. Any organisation seeking to enhance transparency, address misconduct, and foster a safe environment can benefit from Elker.  At present, we don't offer a trial version due to the custom setup tailored to each client. However, for a comprehensive look at our software, please book a demonstration. During this session, we can address your particular requirements and provide further demonstrations as needed. Elker's pricing varies based on your organisation's size, required features, and specific compliance needs. Our first step is to understand the challenges your organisation hopes to address. As experts in dispute systems design, we propose solutions tailored to your organisation. We ensure transparent pricing. Schedule a demonstration, and we'll deliver a customised pricing guide within 24 hours. Yes, Elker's platform offers flexible and customisable workflows to cater to an organisation's specific needs. This ensures that the reporting and case management processes align with the unique structures and objectives of different entities. If a must-have feature is missing from our software, please [contact us](/nz/contact). It may be possible to develop this feature specifically for your organisation or integrate this tool for all Elker users. Elker was designed by experts in triage and dispute resolution. We recognise the critical importance of shielding whistleblowers from retaliation. As such, our software adheres to [stringent security protocols](/nz/security), including ISO27001 standards. With Elker, reporters can use encrypted end-to-end messaging to remain entirely anonymous. Throughout the reporting process, Elker guides both reporters and responders, ensuring their privacy and safety are maintained.  All Elker subscriptions come with a technical support package included. Support includes technical training for the platform, configuration and development of new features. We are always available to assist within a very short turnaround time. The [Elker team and our network of consultants](/nz/about) have deep expertise in receiving, triaging and resolving issues. Our founder, Shirli Kirscher, has over 30 years of experience creating and implementing resolution processes in organisations of all shapes and sizes. Via the Elker network, we can provide a range of personalised programmes that include training on trauma-informed responses, difficult conversations, respectful workplaces, conflict coaching, whistleblowing disclosure management for eligible recipients, mediation and a range of other expert processes.  Building **trust and transparency** with Interested to find out more? See how Elker can help with compliance and build a culture of accountability and trust in your organisation. [Book a demo](/nz/book-demo) [Get a quote →](/nz/pricing) --- url: https://elker.com/nz/faq title: "Frequently asked questions | Elker" description: "Common questions about Elker's speak-up programmes and how we handle Corporations Act, Respect@Work, and psychosocial safety obligations." locale: en-NZ generated: 2026-07-01T14:05:44.242Z --- # Frequently asked questions Answers to the questions we hear most often about speak-up, whistleblowing, and compliance: how Elker's platform works and how it fits into your organisation. Elker's reporting system ensures that a whistleblower's identity remains anonymous and technically untraceable. Our platform operates on ISO 27001 standards. Our servers do not store any data, such as IP addresses, device details, or location information, that could reveal the whistleblower's identity. Whistleblowers can choose whether they wish to remain anonymous or disclose personal details. Regardless of their choice, the report's content is transmitted using AES-256 encryption for data at rest and in transit. The introduction of the Respect at Work Bill (2022) has marked a pivotal change in the Australian workplace landscape. This legislation mandates employers to address and actively eliminate sex-based discrimination and harassment. The bill underscores a transition from merely addressing complaints to actively preventing them, placing a greater responsibility on employers to foster an environment free from discrimination and harassment. Organisations are now urged to be forward-thinking, identifying and evaluating risks associated with misconduct, promoting equality and ensuring the overall well-being of employees. While smaller businesses might rely on free resources and regular communication of policies, larger entities are expected to adopt advanced strategies, including HR analytics, anonymous employee surveys, and whistleblowing software. Though the bill doesn't dictate the use of a whistleblowing system, such tools stand out as essential in this new landscape. They offer a proactive, transparent method, ensuring compliance and actively working towards eradicating workplace issues. Getting started with Elker is straightforward and hassle-free. Begin by booking a demo in our calendar, where we'll give you a comprehensive tour of the platform and our dedicated mobile app. We'll discuss your unique business structure and specific requirements during this introductory meeting. After understanding your needs, we'll promptly email you a custom price structure tailored to your business. Getting set up with Elker is easy and tailored to fit seamlessly into your operations. Every business is unique, and the right whistleblowing tool should align with factors like your organisation's size, operational nature, industry risks, and regulatory commitments. Elker is designed with adaptability, modularity and personalisation built into its design. We ensure our platform integrates seamlessly into your processes, offering a human-centric experience that stands out in the market.  While other software tools offer anonymous reporting features, Elker's uniqueness lies in its personalised approach. We're not just about providing a tool; we're about fostering an environment of trust and transparency. And if there's a feature you believe would enhance your experience with Elker, we're all ears. We're continuously innovating, adding new features, and integrating client feedback into our platform. So, if you have a specific need or a question, don't hesitate to get in touch. We're here to ensure Elker works for you just as you want it. Every government agency is unique, and the right whistleblowing tool should align with factors like your department's size and regulatory commitments. Elker is designed with adaptability, modularity and personalisation built into its design. We ensure our platform integrates seamlessly into your processes, offering a human-centric experience that stands out in the market. While other software tools offer anonymous reporting features, Elker's uniqueness lies in its personalised approach. We're not just about providing a tool; we're about fostering an environment of trust and transparency. And if there's a feature you believe would enhance your experience with Elker, we're all ears. We're continuously innovating, adding new features, and integrating client feedback into our platform. So, if you have a specific need or a question, don't hesitate to get in touch. We're here to ensure Elker works for you just as you want it. Misconduct reporting allows individuals to raise concerns about inappropriate or illegal conduct within an organisation or institution. Misconduct may include fraud, corruption, sexual harassment, discrimination, and other unethical behaviours. Effective misconduct reporting systems, like Elker, provide a secure, anonymous platform for individuals to report concerns without fear of retribution. Peak bodies can use Elker to significantly reduce misconduct by normalising the reporting of minor incidents and centralising all feedback. This approach aids in detecting systematic issues within organisations early, allowing for efficient resolution before they escalate into costly and damaging problems. Additionally, Elker's pulse surveys function as a cultural audit tool, enabling peak bodies to continuously gauge the sentiments of members and representatives regarding workplace issues. This ongoing feedback loop allows organisations to proactively address concerns, fostering a more inclusive, respectful, and ethical working environment. Elker's is designed with the utmost priority on safeguarding the anonymity of reporters. Adhering to the stringent ISO27001 standards, our platform ensures that no data, such as IP addresses, device specifications, or geographical locations that could identify a reporter, is stored. Members and representatives can decide whether to remain anonymous or share personal details when reporting. Regardless of this choice, the content of their report is encrypted using state-of-the-art techniques, specifically a 2048 RSA bit public-private key method (PGP). All interactions with our platform are further secured through encryption, ensuring confidentiality and trust. Elker is designed with flexibility and personalisation at its core. It will integrate with the unique structure of every peak body, organisation, and charity. Understanding that each organisation has distinct needs and operations, Elker’s platform can be customised to align with your specific requirements, ensuring an efficient and tailored approach to misconduct reporting and case management. At Elker, we’re committed to accommodating the needs of each organisation. If a desired feature isn’t available, we’re willing to develop and integrate it into your customised platform. Elker is built with modularity in mind, allowing organisations to mix and match features and layouts that facilitate efficient and effective reporting and case management. Elker is an [anonymous reporting](/nz/articles/anonymous-reporting-advantages-disadvantages) platform that allows individuals to speak up about workplace issues such as harassment, discrimination, and misconduct. Beyond reporting, it offers tools for surveys, analytics, case management and reporting to foster open communication and compliance within organisations. The full list of [features](/nz/features) can be found here. Elker was designed for Australian universities, businesses, and peak bodies. Any organisation seeking to enhance transparency, address misconduct, and foster a safe environment can benefit from Elker.  At present, we don't offer a trial version due to the custom setup tailored to each client. However, for a comprehensive look at our software, please book a demonstration. During this session, we can address your particular requirements and provide further demonstrations as needed. Elker's pricing varies based on your organisation's size, required features, and specific compliance needs. Our first step is to understand the challenges your organisation hopes to address. As experts in dispute systems design, we propose solutions tailored to your organisation. We ensure transparent pricing. Schedule a demonstration, and we'll deliver a customised pricing guide within 24 hours. Yes, Elker's platform offers flexible and customisable workflows to cater to an organisation's specific needs. This ensures that the reporting and case management processes align with the unique structures and objectives of different entities. If a must-have feature is missing from our software, please [contact us](/nz/contact). It may be possible to develop this feature specifically for your organisation or integrate this tool for all Elker users. Elker was designed by experts in triage and dispute resolution. We recognise the critical importance of shielding [whistleblowers](/nz/articles/what-is-whistleblowing) from retaliation. As such, our software adheres to [stringent security protocols](/nz/security), including ISO27001 standards. With Elker, reporters can use encrypted end-to-end messaging to remain entirely anonymous. Throughout the reporting process, Elker guides both reporters and responders, ensuring their privacy and safety are maintained.  All Elker subscriptions come with a technical support package included. Support includes technical training for the platform, configuration and development of new features. We are always available to assist within a very short turnaround time. The [Elker](/nz/about) team and our network of consultants have deep expertise in receiving, triaging and resolving issues. Our founder, Shirli Kirscher, has over 30 years of experience creating and implementing resolution processes in organisations of all shapes and sizes. Elker's is tailored to the unique needs of each organisation. Our pricing considers the number of client seats, the number and type of reporting channels, desired features and modules, and any necessary customisations. To determine the cost for your organisation, start by requesting a quote. Please provide us with enough detail to understand your needs. Our team will respond with a price guide and organise a follow-up meeting. The setup process for Elker typically takes between 5 and 21 days. Setup time depends on the complexity of your organisation's requirements and the extent of software customisations and integrations needed. Due to the personalised nature of our software, we don't offer a trial. However, we are committed to ensuring that you have a clear understanding of how Elker can meet your organisation's specific needs. Our team will provide a comprehensive demonstration of the platform, showcasing its features and capabilities. We'll work closely with you to assess your unique requirements and put together a tailored package that aligns with your goals. This approach ensures that you have all the information necessary to make an informed decision without the need for a trial period. We are constantly working on innovative features to enhance our platform. While we don't have a fixed release schedule, we regularly update our software based on research, client feedback and industry trends. If there is a specific feature that you would like to see in Elker, please get in touch with our team. We'll do our best to integrate it into our platform, ensuring that our software continues to meet the evolving needs of our clients. Yes, Elker provides expert-led training to ensure that your organisation gets the most out of our platform. Our training covers a range of topics, including user management, case management, reporting, and platform navigation. Additionally, Elker is able to provide whistleblowing management training including effective communication with whistleblowers, assessing and prioritising reports, conducting investigations, and whistleblower rights and protections. The training is delivered by experienced trainers who have deep expertise in whistleblowing management and investigation techniques. Elker offers a range of integration options to ensure seamless connectivity with your existing systems. We can build custom integrations to connect with your employee assistance programs and employee experience software. This ensures that all relevant data is synced and accessible across your organisation's tools. To maintain the highest level of security, we offer various authentication integrations, ensuring that access to the Elker platform is secure and limited to authorised users. If there are any missing features or necessary integrations specific to your organisation's needs, our development team will work diligently to create and implement these solutions in a timely manner. We aim to deliver a custom price guide within 1-2 business days. We may request additional information and a meeting to scope out your requirements. Elker prioritises the security and anonymity of reports through a combination of advanced encryption, strict data protocols, and a commitment to user privacy. For users who choose to remain anonymous, Elker protects their identity with the highest encryption standards, collecting only the minimum data necessary to facilitate the report and limiting communication to relevant parties. Elker adheres to ISO27001 security standards, conducts routine penetration testing, and handles data according to custom processes for each client, ensuring compliance with strict legislative standards and local data privacy regulations. Elker was designed for Australian organisations to reach compliance with the [Corporations Act 2001](/articles/corporations-act-whistleblower-protections), [Public Interest Disclosure Act 2013](/articles/public-interest-disclosure-act-2013), [positive duty in the Sex Discrimination Act 1984](/articles/7-standards-positive-duty-sex-discrimination-act), [Fair Work Act 2009](/articles/protected-attributes), [Aged Care Act](/articles/whistleblowing-in-aged-care) and [Safe Work Australia Act 2008](/articles/psychosocial-hazards-at-work). Elker provides anonymous reporting tools with specific reporting pathways to keep organisations up to and ahead of workplace regulations. Many workplace issues go unnoticed due to a lack of trust in reporting mechanisms. When organisations provide secure, third-party anonymous reporting tools like Elker, employees feel safe to speak up. With anonymous reporting, conduct that might remain hidden can be identified and addressed earlier, creating a more resilient workplace. By demonstrating accountability and commitment to ethical conduct, organisations protect their reputation, meet regulatory requirements, and reduce legal risk. Strong reporting programs may also drive higher employee retention and productivity by fostering a culture of trust and safety. Elker was designed by experts in triage and dispute resolution. We recognise the importance of whistleblower protection and data security. We are certified with ISO 27001, an international standard for information security. As such, our whistleblower hotline software adheres to stringent security protocols. Reporters can use encrypted end-to-end messaging to remain entirely anonymous. Elker guides reporters and responders through the reporting process to ensure anonymity is maintained. For more information, visit our [security page](/nz/security). Yes. Elker offers flexible and customisable workflows to cater to an organisation's specific requirements. This ensures that the reporting and case management processes align with the unique structures and objectives of different entities. If a must-have feature is missing, it may be possible to develop this feature specifically for your organisation. Designed to adapt to your organisation, Elker provides whistleblowing software, surveys, analytics, case management and more tools to foster open communication and a safe workplace - on iOS, Android and the web. Designed to adapt to your organisation, Elker provides whistleblowing software, surveys, analytics, case management and more tools to foster open communication and a safe workplace - on iOS, Android and the web. ## This is a H2 **Lorem Ipsum** is simply dummy text of the printing and typesetting industry. Lorem Ipsum has been the industry's standard dummy text ever since the 1500s, when an unknown printer took a galley of type and scrambled it to make a type specimen book. It has survived not only five centuries, but also the leap into electronic typesetting, remaining essentially unchanged. It was popularised in the 1960s with the release of Letraset sheets containing Lorem Ipsum passages, and more recently with desktop publishing software like Aldus PageMaker including versions of Lorem Ipsum. 1. A point 2. Another point 3. Third point An anonymous suggestion box is a powerful tool to gather employee feedback and drive informed decisions about your workplace. By providing a secure, confidential channel for employees to voice opinions, an anonymous suggestion box surfaces valuable insights into your workplace culture that traditional feedback mechanisms often miss. Elker's enterprise-grade, fully customisable platform goes beyond simple form submissions, offering innovative features like anonymous surveys and encrypted two-way communication to facilitate anonymous dialogue between employees and leadership. Implementing an anonymous suggestion box offers several benefits: - Encouraging open, honest communication across all levels - Proactively identifying emerging issues, risks and opportunities - Demonstrating leadership commitment to transparency and change - Empowering employees as active partners in cultural change - Mitigating legal and reputational risks through early detection - Boost engagement and employee satisfaction - Providing data to inform HR initiatives and investments With Elker, organisations can quickly realise these benefits at scale. Our intelligent platform streamlines the end-to-end feedback lifecycle, transforming employee suggestions and concerns into actionable insights. Advanced analytics and real-time reporting enable leaders to keep a pulse on employee sentiment and proactively shape organisational culture. An anonymous suggestion box is an effective tool for boosting employee engagement by: - Empowering employees to share ideas and feedback without judgment - Showing that employee opinions are valued and acted upon - Enabling employees to participate in shaping company culture and direction - Creating a sense of ownership and investment in the organisation's success - Providing a channel for employees to raise concerns before they escalate - Facilitating continuous improvement based on frontline insights Elker's virtual suggestion box makes it simple to capture and analyse employee feedback in real time. Advanced features like sentiment analysis and trend reports provide actionable insights to address concerns, enhance employee satisfaction, and increase engagement. Ensuring anonymity is important for employees to feel safe to voice their opinions through an anonymous suggestion box. Elker employs multiple best-in-class security safeguards to protect employee identity at every stage: 1. Anonymised data collection that detaches identifying metadata from responses 2. Advanced encryption, both when data is transmitted and when stored 3. Fully customisable access controls to restrict visibility to authorised personnel 4. A user experience that guides reporters through the reporting process to ensure information is reported that will not compromise their identity There are a few ways to set up a free suggestion box and anonymous surveys using Google Forms, Microsoft Form, Free Suggestion Box or Tally. These options can be a great solution to collect feedback from employees and customers. However, they often lack the advanced security features, customisation options and analytical capabilities required for many workplaces. There are several benefits to an enterprise suggestion box: - Data-driven insights: Powerful insights allow workplaces to proactively identify workplace risks and trends before they become issues. - Security and anonymity: Enterprise tools are developed specifically for capturing anonymous feedback, such as end-to-end encryption, granular access permissions, redaction, data sovereignty and secure infrastructure. - Expert implementation and support: Specialist teams provide comprehensive onboarding, strategic guidance, and proven frameworks to transform feedback programs into measurable cultural improvements. While a simple suggestion box allows companies to get set up in just a few clicks, they often lack the strategic expertise needed to drive meaningful cultural change. Elker delivers a comprehensive workplace solution that goes beyond basic idea gathering. Our approach: - Tailored setup that adapts to your unique needs - Customisation options to align with your processes, programs and existing systems - Advanced security, SSO and compliance safeguards for optimal protection - Intelligent analytics to proactively surface cultural insights and risks - Policies and proven communication strategies to ensure the success of your anonymous reporting system Elker serves as a trusted partner, working closely with organisations to craft engagement strategies, communication plans, and educational resources that maximise cultural impact. Through a comprehensive, data-driven approach to workplace transformation, we empower companies to drive meaningful changes in their workplace and foster a culture of trust, transparency and inclusion. Our team are committed to delivering solutions that drive meaningful cultural change. We bring extensive experience implementing effective whistleblowing and speak-up programs across Australia, with a proven track record of success. As an ISO 27001 certified platform, Elker delivers enterprise-grade security to protect whistleblowers and the data of organisations. We provide comprehensive support throughout the implementation process, from pre-vetted templates and policy development to ongoing assistance that ensures your program succeeds long-term. Elker is trusted by leading Australian institutions, including the ANSTO, the University of Melbourne, Stanwell and Allens. Interested to find out more? See how Elker can help with compliance and build a culture of accountability and trust in your organisation. [Book a demo](/nz/book-demo) [Get a quote →](/nz/pricing) --- url: https://elker.com/nz/features title: "A Full-Featured Anonymous Reporting Platform | Elker" description: "Anonymous reporting, surveys, analytics & case management. Tools to help your workplace resolve issues." locale: en-NZ generated: 2026-07-01T14:05:44.285Z --- Features # Drive cultural transformation through early insights and action Elker provides anonymous reporting software, analytics, surveys and case management tools to foster open communication and a safe workplace. ### Anonymous reporting Reporters can submit sensitive disclosures through our secure, end-to-end encrypted portal that supports complete anonymity. For those who choose to remain anonymous, our technology ensures no identifiable information is stored, allowing effective reporting without fear of exposure. ![Product showcase: Speak-up reporting system disclosure intake](https://media.elker.com/5cfeaa8c-2d96-4272-b445-14aa107c5311/speak-up-static.png?width=992) ### Two-way chat and messaging Exchange information securely with reporters via end-to-end encrypted messaging while maintaining complete anonymity. This ensures essential details can be gathered without compromising reporter identity. ![Product showcase: Whistleblowing tool for employees - encrypted chat ](https://media.elker.com/b5c1df90-5211-4592-ab28-4f87a0e36147/whistleblowing-static.png?width=992) ### Case management Transform anonymous reports into trackable cases that can be monitored through to resolution. This structured system ensures every concern receives appropriate attention, maintaining compliance requirements. ![Product showcase: Performance and Conduct Static](https://media.elker.com/8b527d02-f12a-4ac7-8425-38b2ecae7f3e/performance-and-conduct-static.png?width=992) ### Real-time data and reporting dashboard Monitor workplace trends through comprehensive analytics that highlight potential problem areas. These real-time visualisations enable proactive intervention before issues escalate. ![Product showcase: Analytics and Trends Static](https://media.elker.com/1dfb2744-4ff8-47e8-a173-417a2374f6fd/analytics-and-trends-static.png?width=992) ### Exportable reports Extract case data in multiple user-friendly formats for analysis or sharing. All exports maintain security protocols while enabling collaboration with internal teams or external advisors. ![Exportable reports: product showcase](https://media.elker.com/a785621b-d430-4bc1-aa99-7589efe31463/product-feature-exportable-reports.png?width=992) ### iOS and Android apps Access the reporting platform from mobile devices through secure dedicated apps. This enables convenient reporting, two-way chat and messaging regardless of location. ![Elker's iOS and Android apps for anonymous reporting in the workplace](https://media.elker.com/c076908e-c597-4956-b3d7-5b1882a9d7d8/elker-ios-android-app.png?width=992) ### Customisable workflows Configure case management processes to match your organisation's unique requirements. Adapt the platform to integrate with existing protocols rather than changing how your team works. ![Triage and case management tools](https://media.elker.com/08a86b1c-29ae-4c40-89e1-be4e989423ba/feature-case-management.png?width=992) ### Personalised alerts and notifications Receive timely updates when new reports are submitted or cases change status. Configure notification settings to inform the right team members of relevant developments. ![Product showcase: Automate notifications and emails](https://media.elker.com/6eb782fa-a164-4ebd-b966-1a3369533e6d/product-features-notifications-automations.png?width=992) ### User roles and permissions Control precisely who can access specific information through granular permission settings. Define access levels based on organisational roles to enhance security and relevance. ![User roles and permissions: product showcase](https://media.elker.com/e62877e9-d729-4b50-9981-b08350fcdbdf/product-feature-user-roles.png?width=992) ### Secure report sharing within your organisation Share cases internally using encrypted channels with customisable access controls. This maintains confidentiality while enabling necessary collaboration across teams. ![Product showcase: Secure internal sharing and permissions settings ](https://media.elker.com/736c4c28-f615-4518-b174-4ac213034b69/product-features-secure-internal-sharing.png?width=992) ### Sharing reports with advisors, mediators, and lawyers Grant secure, controlled access to external parties for specific cases. Permission settings and activity monitoring maintain security while enabling expert consultation. ![Product showcase: Connect third-party counsel and advisors to anonymous reports securely](https://media.elker.com/e35806a2-80c1-4d2c-8ed4-769216e8d7da/product-features-secure-third-party-connect.png?width=992) ### Pre-vetted reporting question templates Streamline reporting with expert-designed templates that capture all essential information. These structured questions ensure reports contain the necessary details for effective resolution. ![Product showcase: Pre-vetted reporting templates](https://media.elker.com/de81ef71-bb75-430a-aaa8-b66814b583cc/pre-vetted-reporting-templates.png?width=992) ### Reporter experience surveys Gather direct feedback on case management through automated post-resolution surveys. These insights provide measurable data on reporter satisfaction and process effectiveness. ![Product showcase: Reporter experience surveys](https://media.elker.com/3210b8db-7e52-4351-8bfd-0860cdcb76a7/reporter-experience-survey.png?width=992) ### Connect to your EAP Integrate directly with your Employee Assistance Program through secure API connections. This streamlines referrals when additional support resources are required. ![Connect EAP: product showcase](https://media.elker.com/14384c3e-fc82-4b6c-813f-78f50ca2cbac/product-feature-connect-eap.png?width=992) ### Integrated training programs Deliver compliance and reporting procedure education through the platform. These modules ensure staff understand both their rights and available reporting channels. ![Training and onboarding: product showcase](https://media.elker.com/35a97aa1-40ab-408c-900d-4e9d08f21f04/product-feature-training-onboarding.png?width=992) ### Pulse and culture surveys Collect anonymous feedback on organisational health through scheduled assessments. These insights identify potential risk areas before they develop into reportable incidents. ![Pulse surveys: product showcase](https://media.elker.com/6149493a-99fd-475a-82fd-2f87ff757720/product-feature-pulse-surveys.png?width=992) ## Missing feature? If something is missing from our list, please contact us. We can often develop a solution for your needs. [Get a quote](/nz/pricing) [Contact us →](/nz/contact) ![Icon tags](https://media.elker.com/03a10884-8695-4632-86c0-6ec4727fa407/icon-tags.png) Know what you pay Opt in to the features you need with transparent pricing. [Pricing →](/nz/pricing) ![Icon shields](https://media.elker.com/64b695c8-b1f9-46e8-952f-206171b04f57/icon-shields.png) ISO 27001 certified Enterprise-grade security and data protection. [Security →](/nz/security) ## See the platform in action Identify and address workplace concerns before they escalate. Elker's secure speak-up system combines anonymous reporting with data analytics to help organisations manage risk and cultivate accountable cultures. ![Meet Elker video thumbnail](https://cdn.elker.com/meet-elker/thumbnail_bba26ec6.jpg?w=1080) ## Solutions for New Zealand’s vital industries Building **trust and transparency** with Interested to find out more? See how Elker can help with compliance and build a culture of accountability and trust in your organisation. [Book a demo](/nz/book-demo) [Get a quote →](/nz/pricing) --- url: https://elker.com/nz/glossary title: "Workplace integrity glossary | Elker" description: "A-Z glossary of speak-up, integrity, and compliance terms for Australian and New Zealand workplaces, with links to detailed articles." locale: en-NZ generated: 2026-07-01T14:05:44.402Z --- # Workplace integrity glossary A-Z glossary of speak-up, integrity, and compliance terms for Australian and New Zealand workplaces. This glossary defines the terms that come up most often when organisations in Australia and New Zealand design and run speak-up and whistleblower schemes, investigations, case management, and compliance programmes. Each entry explains what the term means, how it applies under Australian and New Zealand law, and links to detailed articles where the practical obligations and processes live. Terms are grouped by category below. Use this page as a reference whenever a piece of legislation, a compliance scheme, or a workplace-integrity concept turns up in policy documents, internal training, or audit reports and you need a precise definition rather than a marketing description. ## Workplace integrity - [Whistleblower ProtectionWhistleblower protection under Australian law: who is covered, what disclosures qualify, and the Corporations Act and Public Interest Disclosure Act safeguards.](/nz/glossary/whistleblower-protection) ## Investigations - [Procedural FairnessProcedural fairness under Australian law: the hearing rule, bias rule, and evidence rule, applied to workplace investigations and disciplinary decisions.](/nz/glossary/procedural-fairness) - [Vexatious ComplaintVexatious complaints in Australian workplaces: the legal test, how they differ from unsubstantiated complaints, and employer good-faith obligations.](/nz/glossary/vexatious-complaint) ## Compliance - [BriberyBribery under Australian law: foreign bribery under the Criminal Code, domestic bribery offences, corporate liability, and facilitation payments.](/nz/glossary/bribery) - [Conflict of InterestConflict of interest under Australian law: directors' duties, public sector obligations, actual vs perceived vs potential, and disclosure requirements.](/nz/glossary/conflict-of-interest) ## Psychosocial safety - [Workplace MobbingWorkplace mobbing under Australian and New Zealand law: how it differs from bullying, and employer obligations under WHS and anti-discrimination law.](/nz/glossary/workplace-mobbing) ## Child safety - [Reportable ConductReportable conduct under Australian schemes (NSW, Victoria, ACT, Queensland 2026): what's covered, who must report, and how each scheme operates.](/nz/glossary/reportable-conduct) ## Human rights - [Modern SlaveryModern slavery under Australian and New Zealand law: what counts, reporting thresholds under the Modern Slavery Act 2018, and the 2026 NZ Modern Slavery Bill.](/nz/glossary/modern-slavery) Interested to find out more? See how Elker can help with compliance and build a culture of accountability and trust in your organisation. [Book a demo](/nz/book-demo) [Get a quote →](/nz/pricing) --- url: https://elker.com/nz/glossary/bribery title: "Bribery: Definition and Meaning in Australian Workplaces" description: "Bribery under Australian law: foreign bribery under the Criminal Code, domestic bribery offences, corporate liability, and facilitation payments." locale: en-NZ generated: 2026-07-01T14:05:44.328Z --- # Bribery: Definition and Meaning in Australian Workplaces Bribery under Australian law: foreign bribery under the Criminal Code, domestic bribery offences, corporate liability, and facilitation payments. ByElker Editorial TeamReviewed byJack MurrayPublished3 May 2026Updated19 April 2026 ## What is bribery? Bribery is the offering, promising, giving, requesting, or accepting of something of value with the intention of improperly influencing a person exercising a public duty or a position of trust. Australian law distinguishes **foreign bribery** (bribing a foreign public official, Criminal Code Division 70) from **domestic bribery** (bribing a Commonwealth public official, Criminal Code Division 141) and treats both as serious indictable offences. ## Bribery in Australian workplaces Australian bribery law has undergone significant strengthening since 2023. The Crimes Legislation Amendment (Combatting Foreign Bribery) Act 2024 commenced 8 September 2024 and made three material changes: (1) abolished the requirement to prove the bribe was paid to obtain business that would "not legitimately be due", replacing it with "improperly influencing a foreign public official"; (2) introduced a new corporate offence of failing to prevent foreign bribery (Criminal Code s70.5A); and (3) established a "reasonable adequate procedures" defence analogous to the UK Bribery Act 2010 s7. Corporate entities are now strictly liable for foreign bribery by their "associates" (employees, agents, subsidiaries, contractors) unless they can show they had adequate anti-bribery procedures in place. **Foreign bribery (Criminal Code Division 70).** Offering, promising, or providing a benefit to a foreign public official with intent to improperly influence the official in the exercise of their duties. Maximum penalty for individuals: 10 years imprisonment and/or a fine of 10,000 penalty units (AUD 3.3 million at the current Commonwealth penalty unit value of AUD 330, in force from 7 November 2024). For corporate entities: the greatest of 100,000 penalty units (AUD 33 million), three times the benefit obtained, or 10% of annual turnover. **Domestic bribery (Criminal Code Division 141).** Dishonestly providing or offering a benefit to a Commonwealth public official with intent to influence the official in the exercise of their official duties. Maximum penalty: 10 years imprisonment and/or a fine of 10,000 penalty units. **State domestic bribery offences.** Each state has its own equivalent: NSW Crimes Act 1900 s249B (corrupt commissions or rewards); Victoria Crimes Act 1958 s176 (bribery of public officers); Queensland Criminal Code s87 (official corruption). Offences typically cover both public-official bribery and private-sector commercial bribery. **Facilitation payments.** Under Division 70 s70.4, a payment of minor value made to a foreign public official for the sole or dominant purpose of expediting or securing the performance of a routine government action is **still** a defence, but the payer must have created a record of the transaction as soon as practicable. The government's response to the 2019 OECD Working Group on Bribery review commits to repealing the facilitation payments defence, with legislative amendments expected in 2026. The National Anti-Corruption Commission, which commenced 1 July 2023, investigates serious or systemic corrupt conduct affecting Commonwealth public officials, including bribery. The NACC can make public findings, refer matters to the Commonwealth Director of Public Prosecutions, and impose administrative consequences. In New Zealand, bribery is criminalised under the Crimes Act 1961 ss99-105E: bribery of judicial officers (s101), of ministers (s102), of members of Parliament (s103), of law enforcement officers (s104), of officials (s105), and corruption by officials (s105D-E). The New Zealand Serious Fraud Office investigates serious or complex fraud, including foreign bribery and corruption. New Zealand introduced specific foreign-bribery provisions in 2001 and strengthened them in 2015. ## Common questions about bribery Bribery is one category of corruption. Corruption is the broader concept and includes bribery, embezzlement, nepotism, abuse of office, and other conduct that diverts power or resources away from proper purposes. Every act of bribery is a corrupt act, but not every corrupt act involves bribery (e.g. misappropriating funds or preferencing a relative in procurement does not necessarily involve a bribe). A small payment to a foreign public official to expedite or secure the performance of a routine governmental action the official is already required or expected to perform (e.g. processing paperwork, issuing a permit). Australia currently allows facilitation payments as a defence to foreign bribery under strict conditions (minor value, sole or dominant purpose to expedite a routine action, and recorded as soon as practicable), but this defence is expected to be repealed in 2026. The UK Bribery Act 2010 does not permit facilitation payments; the US Foreign Corrupt Practices Act does. The new Criminal Code s70.5A offence (commenced 8 September 2024) imposes corporate liability on Australian entities and foreign entities operating in Australia where an associate (employee, agent, subsidiary, contractor, or person otherwise performing services for the entity) commits foreign bribery. The corporate entity is strictly liable unless it can prove it had "adequate procedures" to prevent the bribery. This mirrors the UK Bribery Act 2010 s7 and represents a significant shift toward strict corporate accountability. The Attorney-General's Department guidance (November 2024) identifies six principles: proportionate procedures, top-level commitment, risk assessment, due diligence, communication and training, and monitoring and review. Procedures should be proportionate to the entity's risk profile, embedded in decision-making, and regularly reviewed. Evidence of a functioning whistleblower channel, training records, third-party due diligence, and internal investigations showing the program was actively used is typically decisive. Disclosures about bribery by a regulated entity are protected under Corporations Act 2001 Part 9.4AAA if made to an eligible recipient (ASIC, APRA, an eligible officer, a legal practitioner). Disclosures about bribery by Commonwealth public officials are protected under the Public Interest Disclosure Act 2013 and may also be reportable to the NACC. Both schemes offer confidentiality, immunity from civil/criminal/administrative liability for the disclosure itself, and compensation for detriment. ## Related reading - [Commonwealth Fraud and Corruption Control Framework 2024: Effective Detection Mechanisms](/nz/articles/commonwealth-fraud-and-corruption-control-framework-2024) - [Corporations Act: Whistleblower Protections in Australia](/nz/articles/corporations-act-whistleblower-protections) - [How to Set Up an Ethics Hotline – Best Practice for Managing Integrity](/nz/articles/ethics-hotline) ## Sources 1. Criminal Code Act 1995 (Cth), Divisions 70 and 141. [Federal Register of Legislation](https://www.legislation.gov.au/C2004A04868/latest/text). Retrieved 2026-04-19. 2. Crimes Legislation Amendment (Combatting Foreign Bribery) Act 2024 (Cth). [Federal Register of Legislation](https://www.legislation.gov.au/). Retrieved 2026-04-19. 3. Attorney-General's Department, "Foreign bribery: information for businesses". [AGD](https://www.ag.gov.au/crime/publications/foreign-bribery-information-businesses). Retrieved 2026-04-19. 4. Australian Federal Police, foreign bribery investigations. [AFP](https://www.afp.gov.au/crimes/fraud-and-corruption/foreign-bribery-and-grand-corruption). Retrieved 2026-04-19. 5. National Anti-Corruption Commission. [NACC](https://www.nacc.gov.au/). Retrieved 2026-04-19. 6. Crimes Act 1961 (NZ), ss99-105E. [New Zealand Legislation](https://www.legislation.govt.nz/act/public/1961/43/en/latest/). Retrieved 2026-04-19. 7. Serious Fraud Office (NZ). [SFO](https://www.sfo.govt.nz/). Retrieved 2026-04-19. _This article is general information only, not legal advice. Laws change and individual circumstances differ. For advice on your specific circumstances, consult a qualified legal practitioner. See our [Terms of Use](/nz/policies/terms) for the full disclaimer._ Interested to find out more? See how Elker can help with compliance and build a culture of accountability and trust in your organisation. [Book a demo](/nz/book-demo) [Get a quote →](/nz/pricing) --- url: https://elker.com/nz/glossary/conflict-of-interest title: "Conflict of Interest: Definition and Meaning in Australian Workplaces" description: "Conflict of interest under Australian law: directors' duties, public sector obligations, actual vs perceived vs potential, and disclosure requirements." locale: en-NZ generated: 2026-07-01T14:05:44.370Z --- # Conflict of Interest: Definition and Meaning in Australian Workplaces Conflict of interest under Australian law: directors' duties, public sector obligations, actual vs perceived vs potential, and disclosure requirements. ByElker Editorial TeamReviewed byJack MurrayPublished3 May 2026Updated19 April 2026 ## What is conflict of interest? A conflict of interest arises when a person's private interests (financial, personal, or relational) could improperly influence, or appear to influence, the performance of their official duties. Australian law recognises three categories: **actual** (a real conflict currently exists), **perceived** (a reasonable observer could perceive a conflict), and **potential** (circumstances could foreseeably give rise to a conflict in future). ## Conflict of interest in Australian workplaces The legal treatment of conflicts of interest differs between the private, public, and not-for-profit sectors, but the core principles are consistent across each. **Private sector (directors and officers).** Under the Corporations Act 2001 (Cth), directors and officers have a statutory duty to act in good faith in the best interests of the corporation (s181) and to not improperly use their position to gain advantage (s182) or misuse information (s183). A director with a material personal interest in a matter being considered must disclose that interest to the other directors (s191) and, unless excepted, cannot be present for discussion or vote on the matter (s195). Breach attracts civil and criminal consequences, including disqualification, penalties up to AUD 1.565 million (individuals), and for corporate offences penalties up to AUD 7.825 million or three times the benefit derived. **Australian Public Service.** Under the Public Service Act 1999 (Cth) s13(7), APS employees must take reasonable steps to avoid real or apparent conflicts of interest and must disclose any such interest to their agency head. The Australian Public Service Commission's conflict of interest guidance applies the three-category framework (actual, perceived, potential) and requires documented management plans for each disclosed conflict. **Listed companies.** The ASX Corporate Governance Principles and Recommendations (4th edition, in force for financial years commencing on or after 1 January 2020) Recommendation 3.2 requires listed entities to have and disclose a code of conduct for directors, senior executives and employees, and to inform the board or a board committee of any material breaches. **Not-for-profit and charity sector.** Directors of registered charities must comply with the ACNC Governance Standards, including Standard 5 (duty to disclose any actual or perceived material conflict of interest and not to misuse position or information). In New Zealand, the Companies Act 1993 s131 imposes a duty on directors to act in good faith and in the best interests of the company, and s139-140 require disclosure of personal interests in transactions. The State Services Commission's standards of integrity and conduct impose parallel public-sector obligations, including mandatory disclosure and recusal processes. ## Common questions about conflict of interest Common examples include: hiring or procuring from a family member or close friend; receiving gifts or benefits from a supplier, contractor, or regulated party; holding a second job in a competing or regulated business; participating in a decision that financially benefits a company in which you hold shares; preferentially allocating work, promotions, or resources to a partner or close associate; using confidential information gained through official duties for personal investment. An **actual** conflict exists when a person's private interests currently do influence their official duties (e.g. an investment adviser directing clients into a fund they personally benefit from). A **perceived** conflict arises when a reasonable person could reasonably suspect a conflict, regardless of whether one exists (e.g. a procurement officer whose spouse works for a tendering supplier). A **potential** conflict describes circumstances where a conflict could foreseeably arise in future (e.g. being offered board membership by an entity you regulate). All three require disclosure and management; the law does not require a conflict to have caused harm before action is taken. Generally yes. Corporations Act s191 requires directors to disclose material personal interests. Public Service Act s13(7) requires APS employees to disclose. Most organisations also have contractual or policy-based disclosure obligations. Failing to disclose is itself often a breach of duty, separate from any breach arising from the underlying conflicted conduct. Typical management strategies, in order of increasing severity: (1) record the disclosed interest on a register with no further action if the conflict is minor and unlikely to affect duties; (2) restrict the person's access to information or decisions where the conflict applies; (3) recuse the person from specific decisions or transactions; (4) relinquish either the private interest or the official duty. The chosen approach should be proportional to the nature and significance of the conflict and should be documented. An undisclosed or improperly managed conflict of interest is often the precursor to corrupt conduct. Most Australian anti-corruption agencies (NACC, IBAC, ICAC NSW, CCC WA, CCC QLD) treat failure to disclose a conflict, or making a decision while conflicted, as corruption-adjacent conduct that can escalate to formal corruption findings. Disclosure and active management are the safeguards that distinguish a lawful decision from a corrupt one. ## Related reading - [How to Set Up an Ethics Hotline – Best Practice for Managing Integrity](/nz/articles/ethics-hotline) - [Corporations Act: Whistleblower Protections in Australia](/nz/articles/corporations-act-whistleblower-protections) - [Advantages of Whistleblowing in the Workplace](/nz/articles/advantages-of-whistleblowing-in-the-workplace) ## Sources 1. Corporations Act 2001 (Cth), ss181-183, 191, 195. [Federal Register of Legislation](https://www.legislation.gov.au/C2004A00818/latest/text). Retrieved 2026-04-19. 2. Public Service Act 1999 (Cth), s13(7). [Federal Register of Legislation](https://www.legislation.gov.au/C2004A00538/latest/text). Retrieved 2026-04-19. 3. Australian Public Service Commission, conflict of interest guidance. [APSC](https://www.apsc.gov.au/). Retrieved 2026-04-19. 4. ASX Corporate Governance Principles and Recommendations (4th edition), Recommendation 3.2. [ASX](https://www.asx.com.au/documents/asx-compliance/cgc-principles-and-recommendations-fourth-edn.pdf). Retrieved 2026-04-19. 5. Companies Act 1993 (NZ), ss131, 139-140. [New Zealand Legislation](https://www.legislation.govt.nz/act/public/1993/105/en/latest/). Retrieved 2026-04-19. _This article is general information only, not legal advice. Laws change and individual circumstances differ. For advice on your specific circumstances, consult a qualified legal practitioner. See our [Terms of Use](/nz/policies/terms) for the full disclaimer._ Interested to find out more? See how Elker can help with compliance and build a culture of accountability and trust in your organisation. [Book a demo](/nz/book-demo) [Get a quote →](/nz/pricing) --- url: https://elker.com/nz/glossary/modern-slavery title: "Modern Slavery: AU & NZ Workplace Definition | Elker" description: "Modern slavery under Australian and New Zealand law: what counts, reporting thresholds under the Modern Slavery Act 2018, and the 2026 NZ Modern Slavery Bill." locale: en-NZ generated: 2026-07-01T14:05:44.442Z --- # Modern Slavery: Definition in Australian and NZ Workplaces Modern slavery under Australian and New Zealand law: what counts, reporting thresholds under the Modern Slavery Act 2018, and the 2026 NZ Modern Slavery Bill. ByElker Editorial TeamReviewed byJack MurrayPublished3 May 2026Updated19 April 2026 ## What is modern slavery? Modern slavery is an umbrella term for severe forms of exploitation where a person cannot refuse or leave due to coercion, threats, deception, or abuse of power. Under Australian law it encompasses eight specific practices: trafficking in persons, slavery, servitude, forced labour, forced marriage, debt bondage, deceptive recruiting, and the worst forms of child labour. ## Modern slavery in Australian workplaces Australia's Modern Slavery Act 2018 (Cth) defines modern slavery by reference to the eight practices listed above and requires entities carrying on business in Australia with an annual consolidated revenue of AUD 100 million or more to publish an annual Modern Slavery Statement on the public register. The statement must address seven mandatory criteria, including the entity's structure, operations, supply chains, risk identification, and actions to assess and address those risks. The Australian Anti-Slavery Commissioner, Chris Evans, commenced his inaugural five-year term on 2 December 2024, providing an independent oversight function the Act lacked from 2019-2024. The Commissioner's role includes engaging with business, supporting survivors, and reporting publicly on compliance trends. The McMillan review of the Modern Slavery Act, conducted by Professor John McMillan AO and tabled in Parliament on 25 May 2023, made 30 recommendations. The Australian Government's response (accepting or partially accepting 25 of 30) did not reduce the revenue threshold below AUD 100 million but did commit to introducing penalties for non-reporting, extending the Act to cover additional modern-slavery practices, and mandating due diligence for higher-risk sectors. Legislative amendments to implement these commitments are expected in 2026. In New Zealand, the Modern Slavery Bill 2026 was introduced to Parliament on 10 February 2026 as a bipartisan Member's Bill co-sponsored by National MP Greg Fleming and Labour MP Camilla Belich, bypassing the ballot under Standing Order 288. The Bill establishes a single reporting threshold of NZD 100 million annual revenue (raised from the NZD 50 million initially proposed). Reporting entities must publish an annual modern slavery statement covering their structure, supply chains, risks, due diligence, grievance mechanisms, remediation measures, training, and consultation. Failure to report or making false or misleading statements attracts criminal fines up to NZD 200,000 or civil penalties up to NZD 600,000, with personal liability for directors and persons involved in the management of a reporting entity. First reporting obligations are anticipated in 2028, covering activity in 2027. Internationally, the International Labour Organization estimates 50 million people are in modern slavery globally (2021 figures), with 28 million in forced labour and 22 million in forced marriage. The ILO Forced Labour Convention 1930 (No. 29) and the 2014 Protocol remain the authoritative instruments. ## Common questions about modern slavery Modern Slavery Act 2018 (Cth) s4 defines modern slavery by reference to eight specific practices: (1) trafficking in persons, (2) slavery, (3) servitude, (4) forced labour, (5) forced marriage, (6) debt bondage, (7) deceptive recruiting for labour or services, and (8) the worst forms of child labour. Each has its own criminal offence under the Criminal Code Act 1995, with the Modern Slavery Act imposing a separate transparency-reporting regime on top. No. Human trafficking is one of the eight practices that constitute modern slavery, not a synonym. Trafficking involves the movement or recruitment of a person for the purpose of exploitation, typically across a border or between locations. A person held in servitude or forced labour may never have been trafficked (for example, someone forced into debt bondage within their own community). Conversely, a person who was trafficked but subsequently freed is no longer in a modern slavery situation. The legal and policy responses to each differ. Modern slavery involves practices where the worker cannot freely leave or refuse the work. Ordinary employment breaches (underpayment, excessive hours, unfair dismissal) do not automatically constitute modern slavery unless coupled with coercion, deception, or abuse of power that removes the worker's freedom. The distinction matters for both criminal liability and reporting-obligation triggers. Modern slavery reporting focuses on transparency about risk and response; supply chain due diligence is the operational practice of mapping, assessing, and mitigating those risks. The McMillan review recommended mandatory due diligence for higher-risk sectors. Mandatory due diligence is already in force in the EU (Corporate Sustainability Due Diligence Directive 2024) and is a likely direction for future Australian reform. ## Related reading - [Modern Slavery Reporting Requirements: Australia Prepares for Strengthening Compliance](/nz/articles/modern-slavery-reporting-requirements) ## Sources 1. Modern Slavery Act 2018 (Cth). [Federal Register of Legislation](https://www.legislation.gov.au/C2018A00153/latest/text). Retrieved 2026-04-19. 2. Modern Slavery Register. [modernslaveryregister.gov.au](https://modernslaveryregister.gov.au/). Retrieved 2026-04-19. 3. Australian Government, "Review of the Modern Slavery Act 2018 (Cth): Final Report" (McMillan, 25 May 2023). [Attorney-General's Department](https://www.ag.gov.au/rights-and-protections/publications/review-modern-slavery-act-2018-report). Retrieved 2026-04-19. 4. Office of the Anti-Slavery Commissioner (Australia). [antislavery.gov.au](https://www.antislavery.gov.au/). Retrieved 2026-04-19. 5. Modern Slavery Bill 2026 (NZ). [New Zealand Legislation](https://www3.parliament.nz/media/9121/modern-slavery-reporting-bill.pdf). Retrieved 2026-04-19. 6. International Labour Organization, "Global Estimates of Modern Slavery" (2022). [ILO](https://www.ilo.org/topics-and-sectors/forced-labour-modern-slavery-and-trafficking-persons). Retrieved 2026-04-19. _This article is general information only, not legal advice. Laws change and individual circumstances differ. For advice on your specific circumstances, consult a qualified legal practitioner. See our [Terms of Use](/nz/policies/terms) for the full disclaimer._ Interested to find out more? See how Elker can help with compliance and build a culture of accountability and trust in your organisation. [Book a demo](/nz/book-demo) [Get a quote →](/nz/pricing) --- url: https://elker.com/nz/glossary/procedural-fairness title: "Procedural Fairness: Definition and Meaning in Australian Workplaces" description: "Procedural fairness under Australian law: the hearing rule, bias rule, and evidence rule, applied to workplace investigations and disciplinary decisions." locale: en-NZ generated: 2026-07-01T14:05:44.479Z --- # Procedural Fairness: Definition and Meaning in Australian Workplaces Procedural fairness under Australian law: the hearing rule, bias rule, and evidence rule, applied to workplace investigations and disciplinary decisions. ByElker Editorial TeamReviewed byJack MurrayPublished3 May 2026Updated19 April 2026 ## What is procedural fairness? Procedural fairness, also called natural justice, is the common-law requirement that decisions affecting a person's rights, interests, or legitimate expectations must be made through a fair process. It has three core elements: the **hearing rule** (the right to know the case against you and respond before a decision), the **bias rule** (the decision-maker must be free of actual or apparent bias), and the **evidence rule** (decisions must rest on logically probative evidence). ## Procedural fairness in Australian workplaces Australian workplace decisions that affect employment, reputation, or livelihood trigger procedural fairness obligations at common law and under statute. The Fair Work Act 2009 (Cth) s387 sets out the unfair-dismissal criteria the Fair Work Commission applies, and the first five criteria directly reflect the hearing rule: notification of the reason for dismissal, an opportunity to respond, permission for a support person, warnings about performance issues (in performance-based dismissals), and the size of the employer and presence of HR specialists. A dismissal that fails these tests is likely to be found harsh, unjust, or unreasonable. Beyond dismissal, procedural fairness applies to disciplinary action, formal warnings, performance management, transfer decisions that amount to demotion, and investigation outcomes. The Commonwealth Ombudsman's "Investigation of Complaints" guide and IBAC's and ICAC NSW's investigation manuals all apply the three rules as the minimum standard for workplace investigations in public-sector contexts, and most private-sector policies adopt the same standard. **The hearing rule** requires the person to be told: what conduct is alleged; what evidence supports the allegation; who has provided evidence (in most cases); and a reasonable opportunity to respond in writing or in person before any adverse decision is made. Reasonable means sufficient time to prepare and, where appropriate, to seek advice. **The bias rule** requires the decision-maker to be impartial in both reality and appearance. A line manager who has a personal relationship with the complainant, a documented grievance with the respondent, or a financial stake in the outcome should not be the decision-maker. Independent investigators or an uninvolved senior manager can satisfy the bias rule. **The evidence rule** requires the decision to be based on evidence the decision-maker could reasonably rely on, not on rumour, untested allegations, or material the respondent has not had a chance to address. The Briginshaw standard (from Briginshaw v Briginshaw (1938)) applies in civil workplace matters and requires that serious allegations be proved on more cogent evidence than trivial ones, though still on the balance of probabilities. In New Zealand, the Employment Relations Act 2000 s103A codifies procedural fairness as the "fair and reasonable employer" test. Section 103A(3) lists specific factors: whether sufficient investigation occurred; whether the employee was told of the concerns and given a reasonable opportunity to respond; whether the response was genuinely considered; and whether the employer's actions were reasonable overall. The test applies across dismissal and other disadvantage grievances. ## Common questions about procedural fairness Yes, the terms are used interchangeably in Australian law. "Natural justice" is the older common-law term inherited from English law; "procedural fairness" became the more common term from the 1970s and is now the preferred term in Australian administrative-law cases. Both refer to the same three rules. Not every decision, but most adverse ones. The threshold is whether the decision affects a person's rights, interests, or legitimate expectations. Performance management plans, formal warnings, investigation outcomes, disciplinary action, and dismissal all trigger the obligation. Minor operational decisions (shift allocation, low-stakes assignment changes) generally do not, though consistency and transparency remain good practice. In unfair dismissal cases, a breach of procedural fairness can render the dismissal harsh, unjust, or unreasonable under Fair Work Act s387 even if the underlying conduct was genuinely serious. Typical remedies include reinstatement or compensation (capped at 26 weeks' pay or half the compensation cap, whichever is lower). In general-protections cases, adverse action taken without procedural fairness can attract uncapped compensation and civil penalties. At common law, a denial of procedural fairness can support judicial review and, in some contractual contexts, damages for breach of the implied duty of mutual trust and confidence. Respondents in whistleblower investigations retain full procedural fairness rights. This creates a tension: the whistleblower's statutory right to confidentiality (under the Corporations Act 2001 Part 9.4AAA or the Public Interest Disclosure Act 2013) must be balanced against the respondent's right to know the case against them. Best practice is to share the substance of the allegations (without identifying the whistleblower) and provide a meaningful opportunity to respond before any adverse finding. At minimum: (1) notify the respondent in writing of the substance of the allegations; (2) provide relevant evidence; (3) give a reasonable period (typically 3-7 days for routine matters, longer for complex ones) to respond; (4) consider the response genuinely before making a decision; (5) ensure the decision-maker is free from actual or apparent bias; (6) base the decision on evidence cited in the decision. ## Related reading - [Dealing with Workplace Misconduct in 2025](/nz/articles/dealing-with-workplace-misconduct) - [Dealing With Serious Misconduct In the Workplace](/nz/articles/serious-misconduct) - [How to Set Up an Ethics Hotline – Best Practice for Managing Integrity](/nz/articles/ethics-hotline) ## Sources 1. Fair Work Act 2009 (Cth), s387. [Federal Register of Legislation](https://www.legislation.gov.au/C2009A00028/latest/text). Retrieved 2026-04-19. 2. Fair Work Commission, unfair dismissal benchbook. [FWC](https://www.fwc.gov.au/). Retrieved 2026-04-19. 3. Commonwealth Ombudsman, "Investigation of Complaints". [Ombudsman](https://www.ombudsman.gov.au/). Retrieved 2026-04-19. 4. Employment Relations Act 2000 (NZ), s103A. [New Zealand Legislation](https://www.legislation.govt.nz/act/public/2000/24/en/latest/). Retrieved 2026-04-19. 5. Briginshaw v Briginshaw (1938) 60 CLR 336. _This article is general information only, not legal advice. Laws change and individual circumstances differ. For advice on your specific circumstances, consult a qualified legal practitioner. See our [Terms of Use](/nz/policies/terms) for the full disclaimer._ Interested to find out more? See how Elker can help with compliance and build a culture of accountability and trust in your organisation. [Book a demo](/nz/book-demo) [Get a quote →](/nz/pricing) --- url: https://elker.com/nz/glossary/reportable-conduct title: "Reportable Conduct: Definition and Meaning in Australian Workplaces" description: "Reportable conduct under Australian schemes (NSW, Victoria, ACT, Queensland 2026): what's covered, who must report, and how each scheme operates." locale: en-NZ generated: 2026-07-01T14:05:44.521Z --- # Reportable Conduct: Definition and Meaning in Australian Workplaces Reportable conduct under Australian schemes (NSW, Victoria, ACT, Queensland 2026): what's covered, who must report, and how each scheme operates. ByElker Editorial TeamReviewed byJack MurrayPublished3 May 2026Updated19 April 2026 ## What is reportable conduct? Reportable conduct is a specific statutory category of allegations against employees or workers of child-related or child-contact organisations that must be reported to an independent oversight body rather than handled internally alone. It covers sexual offences, sexual misconduct, physical assault, significant emotional or psychological harm, significant neglect, and (in some jurisdictions) behaviour that causes significant harm to a child. ## Reportable conduct in Australian workplaces Reportable Conduct Schemes are operational in three Australian jurisdictions as of April 2026: New South Wales (since 1999), the Australian Capital Territory (since 2017), and Victoria (since 2017). Queensland has enacted the Child Safe Organisations Act 2024 (Qld) and will commence its scheme in phases from 1 July 2026. The Northern Territory has not implemented a scheme; NT reform is being considered as part of a broader replacement of the Care and Protection of Children Act 2007 and the Youth Justice Act 2005. Each operating scheme is administered by an independent oversight body and imposes legal obligations on heads of entity on top of existing mandatory reporting to police and child protection authorities. **NSW** is administered by the Office of the Children's Guardian under the Children's Guardian Act 2019. It covers any "relevant entity" (government departments, non-government schools, religious bodies, out-of-home care agencies, and specified health services). Reportable conduct includes sexual offences, sexual misconduct, ill-treatment, assault, and neglect of a child. The head of entity must notify the OCG of any allegation or conviction within seven business days, provide updates during the investigation, and provide a final report at outcome. **Victoria** is administered by the Commission for Children and Young People under Part 5A of the Child Wellbeing and Safety Act 2005. Coverage includes schools, disability services, out-of-home care, early childhood services, and religious bodies. Reportable conduct categories: sexual offences, sexual misconduct, physical violence, behaviour causing significant emotional or psychological harm, and significant neglect. **ACT** is administered by the ACT Ombudsman under the Ombudsman Act 1989 (ACT). The scheme applies to Territory entities and designated organisations. Categories mirror the NSW scheme. **Queensland** enacted the Child Safe Organisations Act 2024 (Qld) (Act No. 49 of 2024), with the Reportable Conduct Scheme commencing 1 July 2026 in a phased rollout: Phase 1 (1 July 2026) covers child protection, disability, justice/detention, and government bodies; Phase 2 (January 2027) covers education, health, early childhood, and community services; Phase 3 (July 2027) covers commercial services for children, transport, religious bodies, and other child-focused activities. The Queensland Family and Child Commission is the oversight body. The schemes operate alongside, not instead of, mandatory reporting to police and child protection. Where an allegation involves a suspected crime, police must also be notified; where it involves risk of significant harm, the relevant child protection authority must also be notified. Failure to report reportable conduct exposes the head of entity to statutory penalties and reputational consequences. New Zealand does not operate a Reportable Conduct Scheme in the Australian sense. Child-safety obligations are addressed through the Children's Act 2014 (workforce safety-check requirements), the Children, Young Persons, and Their Families Act 1989 (mandatory reporting of abuse), and the Oranga Tamariki Act 1989. The Royal Commission of Inquiry into Historical Abuse in State Care and in the Care of Faith-based Institutions (Whanaketia, 2024) recommended a statutory reportable-conduct framework modelled on Victoria's scheme; legislative response is pending. ## Common questions about reportable conduct No. The schemes cover five or six categories depending on the jurisdiction: sexual offences, sexual misconduct, physical violence or assault, significant emotional or psychological harm, significant neglect, and (in some schemes) behaviour involving children that causes or is likely to cause harm. Physical assault, significant verbal abuse, and persistent failure to provide essential care all fall within scope. The statutory obligation sits with the **head of entity** (the CEO, principal, or equivalent of the relevant organisation). The head of entity may delegate operational notification to a designated contact, but remains legally accountable for compliance. Employees who become aware of reportable conduct have an obligation to tell the head of entity or the designated contact under the organisation's internal policy. No. Reportable conduct obligations sit on top of any other reporting obligations. If the conduct may involve a criminal offence, police must be notified. If the child is at risk of significant harm, the state or territory child protection agency must be notified. The Reportable Conduct Scheme oversight body (OCG, CCYP, ACT Ombudsman, or NT Children's Commissioner) also receives notification and monitors the investigation. The National Principles for Child Safe Organisations (2019, endorsed by all Australian governments) set the cultural and governance baseline for child-safe organisations. Reportable Conduct Schemes are the statutory compliance regime sitting on top of those principles. Implementation of Principle 9 (implementing, monitoring, and reviewing policies and procedures) often maps directly to the scheme's reporting and response requirements. A disclosure that qualifies as both reportable conduct and a public interest disclosure attracts two overlapping legal regimes simultaneously. NSW's Public Interest Disclosures Act 2022, Victoria's Public Interest Disclosures Act 2012, and the ACT's Public Interest Disclosure Act 2012 provide reprisal protection for child-safety disclosures within public-sector and designated-entity contexts. The reportable conduct scheme governs the investigation obligation; the PID regime governs the reprisal protection of the discloser. Best practice is to treat every reportable-conduct report as a protected disclosure by default, even where the PID threshold is unclear. ## Related reading - [Whistleblowing in Aged Care: Protections Under the New Aged Care Act](/nz/articles/whistleblowing-in-aged-care) - [Implementing an Effective Incident Management System: Aged Care Quality and Safety](/nz/articles/incident-management-system-aged-care) - [Dealing with Workplace Misconduct in 2025](/nz/articles/dealing-with-workplace-misconduct) ## Sources 1. Children's Guardian Act 2019 (NSW). [NSW Legislation](https://www.legislation.nsw.gov.au/view/whole/html/inforce/current/act-2019-025). Retrieved 2026-04-19. 2. Child Wellbeing and Safety Act 2005 (Vic), Part 5A. [Victorian Legislation](https://www.legislation.vic.gov.au/in-force/acts/child-wellbeing-and-safety-act-2005). Retrieved 2026-04-19. 3. Office of the Children's Guardian (NSW), Reportable Conduct Scheme. [OCG](https://www.ocg.nsw.gov.au/reportable-conduct-scheme). Retrieved 2026-04-19. 4. Commission for Children and Young People (Victoria), Reportable Conduct Scheme. [CCYP](https://ccyp.vic.gov.au/reportable-conduct-scheme/). Retrieved 2026-04-19. 5. ACT Ombudsman, Reportable Conduct Scheme. [ACT Ombudsman](https://www.ombudsman.act.gov.au/accountability-and-oversight/reportable-conduct). Retrieved 2026-04-19. _This article is general information only, not legal advice. Laws change and individual circumstances differ. For advice on your specific circumstances, consult a qualified legal practitioner. See our [Terms of Use](/nz/policies/terms) for the full disclaimer._ Interested to find out more? See how Elker can help with compliance and build a culture of accountability and trust in your organisation. [Book a demo](/nz/book-demo) [Get a quote →](/nz/pricing) --- url: https://elker.com/nz/glossary/vexatious-complaint title: "Vexatious Complaint: Definition and Meaning in Australian Workplaces" description: "Vexatious complaints in Australian workplaces: the legal test, how they differ from unsubstantiated complaints, and employer good-faith obligations." locale: en-NZ generated: 2026-07-01T14:05:44.557Z --- # Vexatious Complaint: Definition and Meaning in Australian Workplaces Vexatious complaints in Australian workplaces: the legal test, how they differ from unsubstantiated complaints, and employer good-faith obligations. ByElker Editorial TeamReviewed byJack MurrayPublished4 May 2026Updated19 April 2026 ## What is vexatious complaint? A vexatious complaint is one made with malicious intent, without reasonable grounds, or for an improper purpose such as harassment, revenge, or obstruction. Under Australian law, a complaint is vexatious only where the complainant lacks an honest belief in the substance of the allegation **and** the complaint is motivated by bad faith. A complaint that turns out to be unsubstantiated is not automatically vexatious. ## Vexatious complaint in Australian workplaces The legal test for "vexatious" varies across Australian statutory schemes but shares a consistent thread of requiring both absence of reasonable belief **and** bad faith. Under the Public Interest Disclosure Act 2013 (Cth) s11, the discloser's immunity from civil, criminal, and administrative liability does not apply where the disclosure is knowingly false or misleading; bad-faith disclosures fall outside the Act's protection. The Fair Work Act 2009 (Cth) s587 permits the Fair Work Commission to dismiss an application if it is "vexatious" (made to harass or annoy, cause delay, or for some other wrongful purpose) or "frivolous" (lacking substance). State public interest disclosure statutes apply a similar standard. NSW's Public Interest Disclosures Act 2022 s18 excludes disclosures that are "knowingly false, misleading, or not made in good faith". Victoria's Public Interest Disclosures Act 2012 s72 allows the Independent Broad-based Anti-corruption Commission to dismiss vexatious or frivolous disclosures. Queensland's Public Interest Disclosure Act 2010 s30 protects disclosures "made in good faith" and exposes bad-faith disclosures to defamation or criminal liability. The Commonwealth Ombudsman's "Better Practice Guide to Managing Unreasonable Complainant Conduct" (2nd edition) provides the leading practical framework for assessing vexatiousness. It emphasises that the burden is on the organisation to establish bad faith, not on the complainant to prove good faith. Honest but mistaken complaints, complaints that prove unfounded after investigation, and complaints from persistent complainants who believe their grievance has merit are **not** vexatious. In New Zealand, the Protected Disclosures (Protection of Whistleblowers) Act 2022 protects disclosures where the discloser has a reasonable belief that the information tends to show serious wrongdoing and makes the disclosure in accordance with the Act. Protection is withheld where the disclosure is made in bad faith, primarily to further a personal grievance, or knowing the information to be false. ## Common questions about vexatious complaint An unsubstantiated complaint is one where the investigation could not find sufficient evidence to confirm the alleged conduct; this says nothing about the complainant's motivation. A vexatious complaint is one made with bad faith and without honest belief, typically intended to harm the respondent. Most unsubstantiated complaints are honestly held and investigated in good faith; they are not vexatious. Only with strong evidence of bad faith. The Commonwealth Ombudsman's guidance makes clear that organisations bear the burden of establishing vexatiousness and that any such determination must be documented with specific supporting evidence. An employer that dismisses a complaint as vexatious without substantiation exposes itself to unfair dismissal, general-protections, and defamation risk. Workers accused in vexatious complaints retain general employment protections and can pursue defamation remedies in serious cases. The Fair Work Act general protections prohibit adverse action taken because of a workplace complaint or inquiry, but do not extend to complaints made in bad faith. Respondents can also be entitled to receive the outcome of the investigation where it clears them, supporting their return to work. Yes. Under both the Public Interest Disclosure Act 2013 (Cth) and state equivalents, protection applies only to disclosures made in good faith and on reasonable grounds. A deliberately false or malicious disclosure loses the statutory protections and may expose the discloser to disciplinary action, civil liability (including defamation), or criminal charges. Investigate with the same rigour as any other complaint. If bad faith becomes apparent during the investigation, document the specific evidence (pattern of behaviour, inconsistent statements, provable false statements) rather than relying on general impressions. Retain independent review of any decision to treat a complaint as vexatious. A good-faith disclosure process should never chill legitimate reporting by labelling complaints vexatious too readily. ## Related reading - [Dealing with Workplace Misconduct in 2025](/nz/articles/dealing-with-workplace-misconduct) - [How to Set Up an Ethics Hotline – Best Practice for Managing Integrity](/nz/articles/ethics-hotline) - [Advantages of Whistleblowing in the Workplace](/nz/articles/advantages-of-whistleblowing-in-the-workplace) ## Sources 1. Fair Work Act 2009 (Cth), s587. [Federal Register of Legislation](https://www.legislation.gov.au/C2009A00028/latest/text). Retrieved 2026-04-19. 2. Public Interest Disclosure Act 2013 (Cth), s11 (Liability for false or misleading disclosures). [Federal Register of Legislation](https://www.legislation.gov.au/C2013A00133/latest/text). Retrieved 2026-04-19. 3. NSW Ombudsman, "Managing unreasonable conduct by a complainant". [NSW Ombudsman](https://www.ombo.nsw.gov.au/guidance-for-organisations/resources/managing-unreasonable-conduct-by-a-complainant). Retrieved 2026-04-19. 4. Fair Work Commission, procedural fairness guidance. [FWC](https://www.fwc.gov.au/). Retrieved 2026-04-19. 5. Protected Disclosures (Protection of Whistleblowers) Act 2022 (NZ). [New Zealand Legislation](https://www.legislation.govt.nz/act/public/2022/20/en/latest/). Retrieved 2026-04-19. _This article is general information only, not legal advice. Laws change and individual circumstances differ. For advice on your specific circumstances, consult a qualified legal practitioner. See our [Terms of Use](/nz/policies/terms) for the full disclaimer._ Interested to find out more? See how Elker can help with compliance and build a culture of accountability and trust in your organisation. [Book a demo](/nz/book-demo) [Get a quote →](/nz/pricing) --- url: https://elker.com/nz/glossary/whistleblower-protection title: "Whistleblower Protection in Australian Workplaces | Elker" description: "Whistleblower protection under Australian law: who is covered, what disclosures qualify, and the Corporations Act and Public Interest Disclosure Act safeguards." locale: en-NZ generated: 2026-07-01T14:05:44.597Z --- # Whistleblower Protection: Definition and Meaning in Australian Workplaces Whistleblower protection under Australian law: who is covered, what disclosures qualify, and the Corporations Act and Public Interest Disclosure Act safeguards. ByElker Editorial TeamReviewed byJack MurrayPublished3 May 2026Updated19 April 2026 ## What is whistleblower protection? Whistleblower protection is the set of legal safeguards that prevent retaliation, confidentiality breaches, and adverse action against a person who reports suspected misconduct, illegal conduct, or a danger to the public. In Australia, these safeguards are codified across multiple federal and state statutes rather than a single "Whistleblower Protection Act", and they cover both private-sector and public-sector disclosures. ## Whistleblower protection in Australian workplaces Australian whistleblower protection operates across four main legislative frames, each with its own scope and eligibility criteria. **The Corporations Act 2001 (Cth) Part 9.4AAA** is the private-sector regime, strengthened in July 2019 by the Treasury Laws Amendment (Enhancing Whistleblower Protections) Act 2019. It covers disclosures by current and former employees, officers, contractors, and their relatives about corporate misconduct. Eligible recipients include ASIC, APRA, the ATO, the Australian Federal Police, legal practitioners, and a company's own "eligible recipients" (directors, senior managers, auditors, internal investigators). Protections include immunity from civil, criminal, and administrative liability for the disclosure itself, confidentiality of identity, and compensation rights where a whistleblower suffers detriment. **The Public Interest Disclosure Act 2013 (Cth)** protects disclosures about wrongdoing by Commonwealth public sector agencies and officials. It covers current and former public officials and requires agencies to have internal disclosure procedures. The Moss review (2016), conducted by Philip Moss AM, made 33 recommendations. The Public Interest Disclosure Amendment (Review) Act 2023, which commenced 1 July 2023, implemented 21 of those recommendations and made substantive changes including excluding personal work-related grievances from "disclosable conduct", extending reprisal protection to witnesses, and introducing the "NACC disclosure" category for information provided to the National Anti-Corruption Commission. **Tax-specific whistleblower protections** sit inside the Taxation Administration Act 1953. Protections were aligned with the Corporations Act regime in the 2019 reforms. **Fair Work Act 2009 general protections** operate as a backstop against adverse action taken because of a workplace complaint or inquiry. These apply more broadly than the dedicated whistleblower schemes and cover disclosures that might not meet the narrower eligibility tests above. Each state and territory also has its own public sector whistleblower statute (the Public Interest Disclosure Act in Queensland, Victoria, South Australia, and the ACT; the Public Interest Disclosures Act in NSW; the Protected Disclosures Act in Tasmania; the Public Interest Disclosure Act 2003 in WA). Coverage and thresholds differ between jurisdictions. In New Zealand, the Protected Disclosures (Protection of Whistleblowers) Act 2022 replaced the 2000 Act and created a broader, clearer regime covering both public and private-sector disclosures. The 2022 Act requires all public-sector organisations to have internal disclosure procedures and lowered the bar for what counts as a protected disclosure. ## Common questions about whistleblower protection No. A complainant raises a grievance about their own treatment (for example, a bullying or discrimination complaint). A whistleblower discloses suspected wrongdoing affecting the organisation or the public, typically about another person's or the organisation's conduct. The two categories overlap in practice, and the same facts can ground both a complaint and a whistleblower disclosure. Different legal protections apply to each. The Corporations Act 2001 Part 9.4AAA protects disclosures about regulated corporate entities (public companies, large proprietary companies, ADIs, insurers, superannuation trustees). The Public Interest Disclosure Act 2013 protects disclosures about Commonwealth public-sector conduct. A disclosure can fall under either regime depending on the entity involved, but rarely both. State and territory Public Interest Disclosure statutes cover state and local government entities separately. Yes. Private-sector protections under the Corporations Act focus on "misconduct or an improper state of affairs" in regulated entities and exclude personal work-related grievances. Public-sector protections under the PID Act 2013 focus on "disclosable conduct" and explicitly include maladministration and improper use of public resources. The two regimes have different eligible-recipient lists, different investigation timeframes, and different oversight bodies (ASIC and APRA versus the Commonwealth Ombudsman and agency heads). Yes. Under both the Corporations Act and the Public Interest Disclosure Act, former employees, officers, and contractors remain "eligible whistleblowers" or "public officials" for disclosure purposes. There is no statutory time limit after separation. This is a significant difference from many employment-law claims which are time-bound to the period of engagement. The US SEC programme offers monetary awards of 10-30% of sanctions over USD 1 million where a whistleblower's tip leads to a successful enforcement action. Australia has no equivalent financial reward scheme. Australian protections focus on non-retaliation, confidentiality, and compensation for detriment, but do not compensate whistleblowers for the value of information disclosed. The Australian regime is also narrower in scope, covering only specified regulated entities rather than any publicly traded company. ## Related reading - [Understanding the Public Interest Disclosure Act 2013: The Role of Anonymous Reporting](/nz/articles/public-interest-disclosure-act-2013) - [Corporations Act: Whistleblower Protections in Australia](/nz/articles/corporations-act-whistleblower-protections) - [Advantages of Whistleblowing in the Workplace](/nz/articles/advantages-of-whistleblowing-in-the-workplace) ## Sources 1. Corporations Act 2001 (Cth), Part 9.4AAA. [Federal Register of Legislation](https://www.legislation.gov.au/C2004A00818/latest/text). Retrieved 2026-04-19. 2. Public Interest Disclosure Act 2013 (Cth). [Federal Register of Legislation](https://www.legislation.gov.au/C2013A00133/latest/text). Retrieved 2026-04-19. 3. Treasury Laws Amendment (Enhancing Whistleblower Protections) Act 2019 (Cth). [Federal Register of Legislation](https://www.legislation.gov.au/C2019A00014/latest/text). Retrieved 2026-04-19. 4. ASIC Regulatory Guide 270: Whistleblower policies. [ASIC](https://asic.gov.au/about-asic/asic-investigations-and-enforcement/whistleblowing/whistleblower-rights-and-protections/). Retrieved 2026-04-19. 5. Protected Disclosures (Protection of Whistleblowers) Act 2022 (NZ). [New Zealand Legislation](https://www.legislation.govt.nz/act/public/2022/20/en/latest/). Retrieved 2026-04-19. _This article is general information only, not legal advice. Laws change and individual circumstances differ. For advice on your specific circumstances, consult a qualified legal practitioner. See our [Terms of Use](/nz/policies/terms) for the full disclaimer._ Interested to find out more? See how Elker can help with compliance and build a culture of accountability and trust in your organisation. [Book a demo](/nz/book-demo) [Get a quote →](/nz/pricing) --- url: https://elker.com/nz/glossary/workplace-mobbing title: "Workplace Mobbing: Definition and Meaning in Australian Workplaces" description: "Workplace mobbing under Australian and New Zealand law: how it differs from bullying, and employer obligations under WHS and anti-discrimination law." locale: en-NZ generated: 2026-07-01T14:05:44.637Z --- # Workplace Mobbing: Definition and Meaning in Australian Workplaces Workplace mobbing under Australian and New Zealand law: how it differs from bullying, and employer obligations under WHS and anti-discrimination law. ByElker Editorial TeamReviewed byJack MurrayPublished3 May 2026Updated19 April 2026 ## What is workplace mobbing? Workplace mobbing is a pattern of repeated, hostile behaviour directed at a single employee by multiple colleagues or by a group acting collectively. It is distinguished from individual bullying by the coordinated or collective nature of the conduct and typically involves exclusion, sabotage, rumour-spreading, and sustained undermining over weeks or months. ## Workplace mobbing in Australian workplaces Australian law does not treat "mobbing" as a separate statutory category; it is handled under the broader framework for workplace bullying and psychosocial hazards. The Fair Work Act 2009 (Cth) s789FD defines bullying at work as repeated unreasonable behaviour by an individual or **a group** towards a worker that creates a risk to health and safety. The explicit reference to group conduct means mobbing falls squarely within the Fair Work Commission's anti-bullying jurisdiction when it occurs in a constitutionally covered business. A worker subject to mobbing can apply to the FWC for a stop-bullying order under Part 6-4B of the Fair Work Act, or pursue remedies under state-based WHS legislation. Safe Work Australia's model WHS Regulations (as adopted by most jurisdictions from 1 April 2023 and progressively since) classify bullying and mobbing as **psychosocial hazards** that employers must identify, assess, and control so far as is reasonably practicable. NSW's Code of Practice: Managing Psychosocial Hazards at Work (in force from October 2022) and Victoria's OHS (Psychological Health) Regulations 2025 (in force from 1 December 2025) both explicitly list group hostility and exclusion as psychosocial risk factors. Where mobbing has a protected-attribute dimension (gender, race, disability, age, sexual orientation, religion), it may also engage the Sex Discrimination Act 1984 (Cth), the Racial Discrimination Act 1975 (Cth), the Disability Discrimination Act 1992 (Cth), or the Age Discrimination Act 2004 (Cth), as well as state anti-discrimination statutes. New Zealand does not have a single statutory bullying provision; mobbing is addressed through the Health and Safety at Work Act 2015 (employers' primary duty to manage psychosocial hazards), the Employment Relations Act 2000 (personal grievance for unjustified disadvantage), and the Human Rights Act 1993 where a protected ground is engaged. WorkSafe New Zealand's April 2025 Good Practice Guidelines on workplace mental health explicitly name "group hostility" and "exclusion" as recognised hazard patterns. ## Common questions about workplace mobbing Bullying typically involves one aggressor acting against one target. Mobbing involves multiple aggressors, either acting collectively or in coordinated succession. Research by Heinz Leymann, who coined the term in industrial psychology literature in the 1980s, identified 45 behaviours characteristic of mobbing, ranging from withholding information to public humiliation. Legally, both are captured under "repeated unreasonable behaviour" in the Fair Work Act definition, but the group dimension often makes mobbing harder to evidence and more damaging to the target. Three features distinguish mobbing from one-off hostile conduct: duration (typically weeks to months of sustained behaviour), coordination (multiple participants acting in concert or in visible succession), and escalation (behaviours intensify or proliferate as time passes rather than remaining constant). An isolated incident of exclusion or public criticism does not meet the mobbing threshold; the same behaviour repeated across a team over a quarter does. Because group dynamics reinforce the conduct. Once multiple colleagues participate, each participant's behaviour normalises the others'. Bystanders may join in to avoid becoming targets themselves. Targets often delay formal reporting because they doubt their own perception ("everyone treats me this way, so maybe it's me"). The collective nature also makes managerial intervention harder, as addressing mobbing requires action against multiple people at once rather than a single offender. No. The Fair Work Act 2009 uses the term "bullying at work" and defines it by reference to "repeated unreasonable behaviour by an individual or a group" (s789FD). Courts, the Fair Work Commission, and psychosocial-hazard regulators in Australia treat mobbing as a subset of bullying rather than a distinct legal category. The term remains common in academic and HR literature, and internationally in jurisdictions such as Sweden (where Leymann's research was conducted) and France (where "harcèlement moral" statutes explicitly recognise mobbing). Yes. Every Australian WHS jurisdiction now treats bullying and mobbing as psychosocial hazards that employers must manage under their primary duty of care. Failing to identify, assess, or control the risk is an enforceable WHS breach and can attract significant penalties. ## Related reading - [Understanding and Preventing Workplace Bullying](/nz/articles/understanding-and-preventing-workplace-bullying) - [Signs of a Toxic Workplace: 7 Red Flags to Look Out For](/nz/articles/signs-of-a-toxic-workplace) - [Psychosocial hazards at work - changes to Australian WHS laws](/nz/articles/psychosocial-hazards-at-work) ## Sources 1. Fair Work Act 2009 (Cth), Part 6-4B (Workers bullied at work). [Federal Register of Legislation](https://www.legislation.gov.au/C2009A00028/latest/text). Retrieved 2026-04-19. 2. Fair Work Commission, "Bullying at work". [FWC](https://www.fwc.gov.au/workplace-disputes/bullying). Retrieved 2026-04-19. 3. Safe Work Australia, "Workplace bullying". [Safe Work Australia](https://www.safeworkaustralia.gov.au/safety-topic/hazards/bullying). Retrieved 2026-04-19. 4. NSW Code of Practice: Managing Psychosocial Hazards at Work (2022). [SafeWork NSW](https://www.safework.nsw.gov.au/). Retrieved 2026-04-19. 5. WorkSafe New Zealand, Good Practice Guidelines: Mental Health at Work (April 2025). [WorkSafe NZ](https://www.worksafe.govt.nz/topic-and-industry/work-related-health/mental-health/). Retrieved 2026-04-19. _This article is general information only, not legal advice. Laws change and individual circumstances differ. For advice on your specific circumstances, consult a qualified legal practitioner. See our [Terms of Use](/nz/policies/terms) for the full disclaimer._ Interested to find out more? See how Elker can help with compliance and build a culture of accountability and trust in your organisation. [Book a demo](/nz/book-demo) [Get a quote →](/nz/pricing) --- url: https://elker.com/nz/how-reporting-works title: "How reporting works | Elker" description: "How Elker keeps reports private: anonymity by design, encryption at every step, access limited to nominated reviewers, and trusted cloud infrastructure." locale: en-NZ generated: 2026-07-01T14:05:44.675Z --- For reporters # How reporting with Elker works However your organisation has asked you to speak up, this is how our platform keeps your report secure and your information private. Platform protections ## How the platform protects you Elker is built so that only the reviewers your organisation has nominated can read a report. Your manager, your employer's IT team, and Elker's own staff are kept out of the platform by design. These controls apply to every report, on every deployment. ### Anonymity by design You can report without giving your name, email, or phone. Your case is identified by a unique reference, and the tracking your device normally sends is removed before anything reaches your reviewer. ### Encrypted at every step Every report, message, and file is locked with strong, industry-standard encryption while it travels to Elker and while it’s stored. Anyone watching the connection sees scrambled data, not what you wrote. ### Role-based access Only the reviewers your organisation has nominated can open a case. Managers, IT, and general staff have no access. Every view, edit, and download is logged so nothing happens off the record. ### Separate from employer systems Elker runs on independent infrastructure. Your report never passes through your employer’s email, file shares, or staff IT systems. ### Your organisation’s own space Your organisation’s data is held in a dedicated space, separate from every other Elker client. No other organisation can see your reports, and your reports are never mixed with anyone else’s. ### Stored on trusted cloud infrastructure Your data is held on Amazon’s secure cloud and stays encrypted while it’s stored. Both Amazon and Elker are reviewed by independent security auditors every year. ### Strictly limited Elker staff access Elker employees can’t read your reports in normal operations. Only the reviewers your organisation has nominated can open a submitted report, and every access is logged. ### Independently audited Elker holds ISO 27001 and SOC 2, independent security certifications that mean our controls, processes, and infrastructure are checked every year by outside auditors. ### Retention and deletion Your organisation sets how long closed cases are kept. When data is deleted, it is removed from our systems and any backup copies expire on a fixed timetable. Your reporting journey ## What happens, step by step The questions you're asked will differ by organisation. The actions you take, and the way your information is handled, are the same everywhere. 1. 01 ### Open your organisation’s page You arrive at a secure page hosted by Elker on your organisation’s behalf. No account, no sign-in required to start. 2. 02 ### Read what’s available Your organisation’s Elker start page explains what you can report through the Elker channel, who sees and reviews reports, and what happens next. 3. 03 ### Answer a few questions A short form asks for the details your organisation needs to look into what happened. You decide how much to share and whether to include your name. 4. 04 ### Submit your report Your report is encrypted and delivered to a small, named group of reviewers. You receive a unique case reference at this point. 5. 05 ### Return to your dashboard Sign back in with whatever option you set up: email, phone number, username and password, the Elker app, or a one-time login key. Read updates, answer questions from the reviewer, or add more information, without revealing your identity. A tip for extra privacy: make a note of your organisation's Elker link and consider submitting your report from a personal device, outside your work network. The platform works from anywhere with an internet connection. Our commitments ## What we don't do Some concrete promises about what your information is never used for. - We don’t share your report with your employer beyond the information you submit and the messages you choose to send. - We don’t use your report content to train or fine-tune AI models. Your words are never added to any training dataset, by Elker or anyone else. - We don’t sell, rent, or share report data with advertisers, data brokers, or any third party for marketing or research. - We don’t keep a record of your computer’s internet address (your IP) beyond the moment your browser first connects to us. It never appears next to anything you write. - We don’t keep deleted cases on our systems once your organisation’s retention period ends, and any backup copies expire on the same timetable. - We don’t require your name, email, or phone number to submit a report. Sharing those details is your choice. Common questions ## Answers to what reporters ask If you submit anonymously, your employer sees the content of your report and any messages you send, but not your identity. The reviewer cannot unmask you. For more on how anonymity works in practice, see our explainer on [anonymous reporting](/articles/anonymous-reporting-advantages-disadvantages). Not in the course of normal operations. Elker employees access an individual case only at the written request of your organisation’s admin, typically for a specific support issue, and every such access is recorded in the audit trail. Sign back in with your chosen login option. You can add messages, attach more evidence, and see updates from the reviewer without revealing your identity. Yes. Every report you submit is isolated from the others inside the platform. Submitting multiple reports from the same dashboard does not link them together in a way that would risk identifying you. Because anonymous reports are genuinely anonymous, Elker has no way to verify who you are if you lose access to your login. We can’t reset a password or send you a new login link the way a typical web service can. If you do lose access, the best step is to submit a new report that briefly references your earlier one; the reviewer can then link the two and continue the conversation with you. Information you give Elker is treated as confidential by your organisation. The law requires disclosure only in narrow situations: when there is a serious risk to someone’s safety, when a child’s safety is involved, when mandatory reporting rules apply, or when a regulator or law enforcement body makes a lawful request. Your organisation’s own policy will spell out exactly what applies in your context. You can ask the reviewer to close the case via the dashboard. Your organisation will handle the request in line with their own policy; they may still need to act on safety-critical information. Elker itself does not impose a time limit. Your organisation’s own policy, and any relevant legislation, may set timeframes for specific concern types. The guidance on your organisation’s reporting page will make this clear. Submit it anyway. Reviewers are trained to triage and redirect concerns that belong elsewhere, and you will receive an explanation via the dashboard if that happens. Nothing about a redirected report is shared back with the broader organisation. If this is an emergency or involves imminent harm, contact your local emergency services first. Elker is not an emergency reporting channel. --- url: https://elker.com/nz/policies/anti-modern-slavery title: "Modern Slavery Policy | Elker" description: "Elker's anti-modern-slavery policy. The controls we operate to identify, prevent, and remediate modern slavery risk in our business and supply chains." locale: en-NZ generated: 2026-07-01T14:05:44.757Z --- # Anti-Modern Slavery Policy Statement ## Introduction Modern slavery encompasses a range of exploitative practices, including slavery, human trafficking, servitude, forced labour, and debt bondage. Elker acknowledges that businesses play a vital role in combating modern slavery and accepts this as a key corporate responsibility. We recognise the complexity of modern slavery and are committed to collective action, commitment, and accountability to eradicate it. This policy is part of our strategy to work with stakeholders and suppliers to achieve the shared goal of eliminating modern slavery. ## Our commitment Elker is dedicated to implementing controls to help eradicate modern slavery within our business by managing risks and raising awareness of this issue within our operations and supply chains. ## 1\. Policy application This policy applies to anyone working for, on behalf of, or doing business with Elker, including all suppliers, employees, officers, contractors, sub-contractors, and consultants. We expect all parties with a business relationship with us to familiarise themselves with this policy and act consistently with its values. Elker also requires all suppliers to take verifiable steps to comply with this policy. This policy should be read in conjunction with Elker's [Whistleblowing Policy](/policies/whistleblowing), which supports ethical practices and provides avenues for reporting concerns. ### Expectations of our business partners Elker expects all service providers, suppliers, and contractors to share our commitment to lawful and ethical conduct, ensuring that modern slavery is not present within their organisations or supply chains. ## 2\. Key definitions ### Modern slavery Modern slavery includes situations where coercion, threats, or deception are used to exploit individuals and undermine their freedom. These practices, whether explicit or implicit, are defined in the Modern Slavery Act 2018 (Cth) (‘Act’) and encompass: - trafficking in persons - slavery - servitude - forced labour - forced marriage - debt bondage - deceptive recruiting for labour or services The worst forms of child labour refer to extreme exploitation of children, including enslavement or exposure to hazardous work. ## 3\. Important commitments **Staff and contractor engagement:** All staff and contractor engagements must be approved by the Head of People and Culture, including an assessment of modern slavery risks. **Workplace standards:** Elker strives to ensure that no staff members are subjected to modern slavery practices. We comply with Australian workplace laws, which cover employment conditions, safety, and ethical standards, and foster an inclusive, respectful, and discrimination-free work environment. ## 4\. Supply chain expectations Elker understands that global supply chains can increase modern slavery risks, particularly where recruitment practices are less visible. To help mitigate this risk, we require our suppliers to: - avoid using any form of forced, bonded, or indentured labour; - comply with the minimum legal working age in the country of operation, or, where absent, the standards set by the International Labour Organization (ILO) Convention 138; - adhere to local laws regarding wages and legally mandated benefits; - respect working hours as regulated by local law; - treat workers with dignity and respect, ensuring a workplace free from discrimination, harassment, and offensive or hostile behaviours; and - provide a safe, hygienic working environment that mitigates health risks, taking industry-specific hazards into account. ### Elker’s supply chain measures All supplier contracts include clauses addressing modern slavery risks. A reporting portal on our website linked to whistleblowing allows for anonymous or named submissions of any concerns regarding modern slavery. ## 5\. Consequences of policy breach If any individual or entity to whom this policy applies fails to comply with its terms, Elker will take appropriate action, which may include disciplinary measures (for employees) or termination of contracts (for contractors or suppliers). In cases where modern slavery is suspected or identified within a supplier’s operations, Elker may: - take further steps to verify if modern slavery is occurring; - consult industry experts or relevant authorities; - collaborate with local and international organisations; - involve law enforcement if needed; and - address structural factors contributing to modern slavery or, if necessary, terminate relationships with non-compliant entities. ## 6\. Reporting modern slavery concerns Elker encourages all employees and stakeholders to report concerns about modern slavery in our organisation or supply chain. The platform is managed by Resolve Advisors, with external contacts who are independent of Elker. The platform can be [accessed here](https://resolveadvisors.elker.com/select-flow/BRpSqO). Elker allows you to:  ### Report anonymously or with a name Once you start your report, you can upload files, save it as a draft to complete later and submit it whenever you are ready. ### Chat safely Once your report is submitted, you can chat with your chosen contact, whether anonymously or named. The respondent will provide support and advice on the platform. If you report anonymously, please save your secure access key, as this will allow you to follow up and provide any additional information needed to resolve your concern. Even if your matter doesn't qualify as whistleblowing, our contacts will guide you to an appropriate pathway. ## 7\. Jurisdiction and legal compliance Under Australian law, modern slavery is defined by the Modern Slavery Act 2018 (Cth) (‘Act’). In cases of any inconsistency, the definitions in the Act will take precedence over this policy. **Date reviewed:** August 2024 **Policy Owner:** Shirli Kirschner - Director **Policy review:** Annually --- url: https://elker.com/nz/policies/cookies title: "Cookie Policy | Elker" description: "This website elker.com uses cookies to help us provide our users with a good experience when they browse our website and also allows us to improve our site." locale: en-NZ generated: 2026-07-01T14:05:44.786Z --- # Cookie Policy This website elker.com uses cookies to help us provide our users with a good experience when they browse our website and also allows us to improve our site. ## What is a cookie? A cookie is a small file of letters and numbers that we store on the user's browser or their computer’s hard drive if they agree. Cookies contain information transferred to the user's computer hard drive. ## Types of cookies and how we use them We regularly perform cookie scans on our website and keep our cookie list up to date. We classify cookies into four categories: ### **Necessary cookies** These cookies are necessary for the operation of our website. They include, for example, cookies that enable website visitors to log in to secure areas of our website, use a shopping cart, or make use of e-billing services. - **\_\_cf\_bm** Expiration: 1-hour Description: Cloudflare places the cookie on end-user devices that access customer sites protected by Bot Management or Bot Fight Mode. - **illow-consent** Expiration: Session Description: This cookie is used to keep track of a given consent in the platform - **user-store** Expiration: Session Description: Stores the user settings for the proper functioning of the website. - **options-store** Expiration: Session Description: Stores the user settings for the proper functioning of the website. - **quiz-store** Expiration: Session Description: Stores the user settings for the functioning of the quotation form. - **rc::a** Expiration: Session Description: Used to track and analyse user behaviour to distinguish humans from bots or automated software. - **\_calendly\_session** Expiration: Session Description: Essential for Calendly to book a demo. - **referrer\_user\_id** Expiration: Session Description: referrer\_user\_id - **\_GRECAPTCHA** Expiration: Session Description: Used to provide spam protection. ### Analytical/performance cookies They allow us to recognise and count the number of visitors and to see how visitors move around our website when they are using it. This helps us improve the way our website works, for example, by ensuring that users easily find what they are looking for. - **iconify-count** Expiration: Session - **iconify-version** Expiration: Session - **\_ga** Expiration: Session Description: Google Analytics browser statistics for Calendly booking form. - **\_\_cfruid** Expiration: Session Description: Used by the content network, Cloudflare, to identify trusted web traffic. - **YSC** Expiration: Session Description: YouTube is a Google-owned platform for hosting and sharing videos. YouTube collects user data through videos embedded in websites, which is aggregated with profile data from other Google services to display targeted advertising to web visitors across a broad range of their own and other websites. Used by Google in combination with SID to verify a Google user account and the most recent login time. - **VISITOR\_INFO1\_LIVE** Expiration: Session Description: YouTube is a Google-owned platform for hosting and sharing videos. YouTube collects user data through videos embedded in websites, which is aggregated with profile data from other Google services to display targeted advertising to web visitors across a broad range of their own and other websites. Used by Google in combination with SID to verify Google user account and the most recent login time. - **h** Expiration: Session Description: Used to segment the website's users according to factors such as demographics and geographical location, to enable media and marketing agencies to structure and understand their target groups to enable customised online advertising. - **ga\_#** Expiration: Session Description: Used to distinguish individual users by means of designation of a randomly generated number as client identifier, which allows calculation of visits and sessions - **MUID** Expiration: Session Description - Sets a unique user ID for tracking user activity on the site. Persistent cookie that is saved for 3 years - **lo-uid** Expiration: Session Description: This period shows the length of the period during which a service can store and/or read certain data from your computer by using a cookie, a pixel, an API, cookieless tracking, or other resources. - **lo-visits** Expiration: Session Description: This period shows the length of the period during which a service can store and/or read certain data from your computer by using a cookie, a pixel, an API, cookieless tracking, or other resources. ### Preferences cookies These are used to recognise users when they return to our website. This enables us to personalise our content for them and remember their preferences (for example, their choice of language or region). ### Marketing cookies These cookies record users' visits to our website, the pages they have visited and the links they have followed. We will use this information to make our website and the advertising displayed on it more relevant to our website visitors' interests. - **\_gcl\_au** Expiration: 90 days Description: Used by Google AdSense for experimenting with advertisement efficiency across websites using their services. - **\_uetsid** Expiration: Session Description: Collects data on visitor behaviour from multiple websites, to present more relevant advertisements. This also allows the website to limit the number of times it shows the same advertisement. - **\_uetvid** Expiration: Session Description: Used to track visitors on multiple websites, and to present relevant advertisements based on the visitor's preferences. - **\_uetsid\_exp** Expiration: Session Description: Contains the expiry date for the cookie with the corresponding name. - **Priority** Expiration: Session Description: Measures conversion of Bing ads. - **test\_cookie** Expiration: Session Description: Test cookie used by Google DoubleClick to check that cookies can be set. Depending on the user’s location, they can opt out of each cookie category (except necessary cookies) by clicking on the “set custom permission” in the cookie banner of our website. --- url: https://elker.com/nz/policies/privacy title: "Privacy Policy | Elker" description: "Your privacy is important to us. It is Elker’s policy to respect your privacy regarding any information we may collect from you on this website." locale: en-NZ generated: 2026-07-01T14:05:44.840Z --- # Privacy Policy Your privacy is important to us. It is Elker’s policy to respect your privacy regarding any information we may collect from you on this website. This Privacy Policy explains how Elker Pty Ltd ABN 92 650 350 351 (“**Elker”**, “**we”**, “**us”** or “**our”**) collects and uses Personal Information through the Elker Website and the Elker Platform, and how it complies with applicable Privacy Laws. If you have any questions or concerns about this Privacy Policy or our practices in handling Personal Information, please contact our Privacy Officer, Shirli Kirschner, at [privacy@elker.com](mailto:privacy@elker.com). For our protocol on updates, see the **Updates to This Privacy Policy** section below. ## Relevant Definitions - **Authorised Client User:** An individual authorised by a Client or Partner to use the Elker Platform to receive, manage and respond to reports, communicate with Reporters, review survey responses, review analytics, or manage the Client’s or Partner’s instance of the Elker Platform. - **Client:** An organisation that has implemented an instance of the Elker Platform and makes that instance available to Authorised Client Users and Reporters. - **Cookies:** Small text files stored on your device when you visit a website. - **Elker Platform:** Elker’s secure online reporting and case management solution. - **Elker Website:** Elker’s marketing website, located at [https://elker.com](https://elker.com). - **GDPR**: Regulation (EU) 2016/679 (General Data Protection Regulation) and the UK General Data Protection Regulation. - **Partner:** An organisation or individual approved by Elker to provide certain services to a Client using the Elker Platform. The Partner may also be approved to create instances of the Elker Platform and make those instances available to Clients, Authorised Client Users and Reporters. - **Personal Information:** Information that identifies a person or relates to a person who is reasonably identifiable. - **Privacy Act**: Privacy Act 1988 (C’th of Australia). - **Privacy Laws:** Laws and regulations governing Elker’s collection and handling of Personal Information, including the Privacy Act and any applicable Australian State, Territory, or overseas laws (such as the GDPR), to the extent that such laws and regulations apply to Elker’s collection and handling of Personal Information about a particular individual in or related to use of a Client or Partner instance of the Elker Platform, or other acts or practices of Elker. - **Reporter:** An individual who uses the Elker Platform to submit reports or respond to surveys, anonymously, or with that individual’s name. - **Website User:** An individual who visits or uses the Elker Website. ## Our Privacy Commitment ### Who It Covers This commitment covers individuals using the Elker Website or the Elker Platform, regardless of where those individuals reside or where Clients or Partners are based. ### Our Commitment We are committed to protecting individuals’ privacy by: - ensuring that all Personal Information that we collect is collected by lawful and fair means, and - handling Personal Information in accordance with applicable Privacy Laws and this Privacy Policy. ### How We Do It We implement processes, technical, operational and legal (including contractual) safeguards, and assurance controls to meet the requirements of applicable Privacy Laws. These processes, safeguards and controls address privacy by design and privacy by default, protecting information security and minimising the collection, handling, and disclosure of Personal Information of individuals. We only handle Personal Information to the extent reasonably required in the course of conduct of our business. ## Using the Elker Platform Elker provides the Elker Platform to Clients and Partners. There are four types of platform users: Clients, Partners, Reporters and Authorised Client Users. Elker aims to minimise the amount of Personal Information Elker receives about Reporters. Operation of the Elker Platform does not require a Reporter to provide a name, contact details, or other personal identifiers. Reporters may elect to provide such identifiers. This Privacy Policy covers how Elker handles Personal Information of Reporters and Authorised Client Users we collect through their use of the Elker Platform, including through our interactions with Clients or Partners who authorise use of the Elker Platform. This Privacy Policy does not cover acts or practices of Clients or Partners who authorise use of the Elker Platform. For details on how each Client or Partner who authorises use of the Elker Platform handles Personal Information available to Client or Partner through use of the Elker Platform, Reporters and Authorised Client Users should refer to the relevant Client’s or Partner’s privacy policy and any related privacy collection notices. The Elker Platform provides de-identified report data by aggregating report data so it no longer relates to any individual. Clients or Partners can access this de-identified data through analytics tools and insights dashboards. Elker may also use de-identified data to enhance the platform’s functionality and develop its services. Elker follows guidance from the Office of the Australian Information Commissioner regarding the de-identification and handling of Personal Information. Once we have de-identified Personal Information so it no longer relates to any individual, that information is outside the scope of this Privacy Policy, and the restrictions in this Privacy Policy do not apply to it. ## What Information We Collect Reporters Authorised Client Users Website Users ### Reporters When you use the Elker Platform as a Reporter, the information Elker collects differs if you report anonymously or with a name: #### If you report anonymously: - we do not collect direct personal identifiers (name, phone, email), - we collect the report content you provide, which may include the name and contact details of others, - we generate unique identifiers to enable you to access your report and communicate with your chosen contact on the Elker Platform while remaining anonymous, - we collect necessary technical data for platform security (such as IP addresses and timestamps). #### If you report using your name: - we collect the Personal Information you choose to provide. This may include your name, contact details, and report content, which may include the name and contact details of others. We use Personal Information solely to facilitate communication about your report, - we collect necessary technical data for platform security (such as IP addresses and timestamps). Technical data is stored separately from report data, and we do not correlate these with report data. These are not transferred to any third parties unless required by law. We collect information only through direct submission via the Elker Platform, secure messaging within the Elker Platform, and technical logging for security purposes. We do not use Cookies or tracking technologies on the Elker Platform. ### Authorised Client Users When you use the Elker Platform as an Authorised Client User: - we collect the Personal Information you choose to, or are required to, provide. We use Personal Information solely to facilitate your access to and communication around the Elker Platform, - we collect necessary technical data for platform security (such as IP addresses and timestamps). We collect information only through direct submission via the Elker Platform, secure messaging within the Elker Platform, and technical logging for security purposes. We do not use Cookies or tracking technologies on the Elker Platform. ### Website Users When you visit or use the Elker Website: #### Information you provide directly - **When you request a demo or quote, or contact us via forms on the Elker Website,** we may collect your name, email address, organisation name, information about your organisation's needs, and any other information you choose to provide. - **When you register for or attend a live webinar,** we may collect your name, email address, and organisation name. #### Information collected automatically - When you browse the Elker Website, we may automatically collect information such as your IP address, browser type, operating system, device information, referring URLs, pages viewed, links clicked, and the dates and times of your visits. This information is collected through our servers and the use of Cookies and tracking technologies. - We use your IP address to display country-specific content, for our country selector functionality, and for general security purposes (e.g., firewall). #### Information from third-party sources We may receive information from third-party services integrated with the Elker Website, such as scheduling tools or analytics providers, as detailed in the **Cookies and Tracking Technologies** section below. ## Why We Collect Personal Information Reporters Authorised Client Users Website Users ### Reporters We collect Personal Information of Reporters using the Elker Platform to: - enable secure, confidential reporting, - facilitate two-way communication between Reporters and Authorised Client Users, - support case management and resolution, - meet legal and regulatory requirements, - maintain platform security and integrity, - generate de-identified analytics for Clients or Partners. ### Authorised Client Users We collect Personal Information of Authorised Client Users using the Elker Platform to: - facilitate two-way communication between Reporters and Authorised Client Users, - support case management and resolution, - support analytics, - facilitate management of the Client’s or Partner’s instance of the Elker Platform, - meet legal and regulatory requirements, - maintain platform security and integrity, - generate de-identified analytics for Clients or Partners. ### Website Users We collect Personal Information of Website Users: - **to provide and maintain the Elker Website** — ensuring the Elker Website functions correctly and is secure, - **to respond to your requests** — processing demo requests, quote requests, and answering inquiries submitted through our contact forms, - **to manage webinar registrations** — hosting live webinars, storing registrant contact information, and sending webinar-related updates and resources, - **for Customer Relationship Management (CRM)** — storing and managing sales and contact information obtained through website forms (including name, email, organisation name, organisation needs, UTM data) to facilitate communication and manage our sales pipeline, - **for Elker Website analytics** — tracking Website User interaction and behaviour (e.g., via Google Analytics) to understand how the Elker Website is used, to improve our services, and to enhance user experience, - **for online advertising** — managing our online advertising campaigns (e.g., via Google Ads, Microsoft Ads), tracking conversions from ad campaigns to measure effectiveness, and optimising our advertising spend, - **to manage Elker Website tags** — using tools like Google Tag Manager to manage JavaScript and HTML tags used for tracking and analytics on the Elker Website, - **to facilitate appointment scheduling** — enabling online scheduling for product demos and meetings (e.g., via Calendly), - **for Elker Website hosting and infrastructure** — using services for hosting the Elker Website and ensuring its performance and availability (e.g., Vercel), - **to manage Cookie consent** — storing a record of Website User consent choices for Cookies, including an anonymised IP address and timestamp of consent (e.g., via CookieHub), - **for infrastructure performance monitoring** — monitoring the performance of the Elker Website infrastructure, and for business analytics (e.g., via Sentry), - **to comply with legal obligations** — fulfilling applicable legal and regulatory requirements, - **to protect our rights and interests** — protecting the rights, property, or safety of Elker, Website Users, or others, - **for communication** — sending you information about our services, updates, or marketing communications, where permitted by law and with your consent where required. ## How We Handle Personal Information ### Security Measures We protect the Personal Information of Website Users, Reporters and Authorised Client Users through end-to-end encryption, ISO 27001:2022-certified practices, access controls and authentication, regular security testing, and use of secure AWS hosting. In the case of Reporters and Authorised Client Users, we store all data in locations determined in our contractual agreements with Clients or Partners. ### Retention and Disposal Reporters Authorised Client Users Website Users ### Reporters We retain Personal Information of Reporters and Authorised Client Users only: - as required by law, - in accordance with contractual agreements with Clients or Partners that authorise use of their instance of the Elker Platform, - according to documented retention schedules. We dispose of this Personal Information by secure deletion when no longer required, following industry-standard disposal methods, or by de-identification for analytics purposes. ### Authorised Client Users We retain Personal Information of Reporters and Authorised Client Users only: - as required by law, - in accordance with contractual agreements with Clients or Partners that authorise use of their instance of the Elker Platform, - according to documented retention schedules. We dispose of this Personal Information by secure deletion when no longer required, following industry-standard disposal methods, or by de-identification for analytics purposes. ### Website Users We retain Personal Information of Website Users for the period necessary to fulfil the purposes outlined in this Privacy Policy unless a longer retention period is required or permitted by law. ### Data Quality We maintain data quality by verifying data accuracy during collection and implementing validation and integrity controls to ensure that data meets predefined standards and rules and is protected against accidental or malicious modification. ### Third-Party Disclosure Reporters Authorised Client Users Website Users ### Reporters We may disclose Personal Information of Reporters to: - Authorised Client Users (with your consent), - law enforcement (when legally required), - courts (under valid orders), - regulatory bodies (as required by law). ### Authorised Client Users We may disclose Personal Information of Authorised Client Users to: - the Client or Partner you are engaged by (including other Authorised Client Users engaged by that Client or Partner), - law enforcement (when legally required), - courts (under valid orders), - regulatory bodies (as required by law). ### Website Users We may disclose Personal Information of Website Users: - to law enforcement (when legally required), - to courts (under valid orders), - to regulatory bodies (as required by law), - to our holding company or any of our subsidiaries, - to our business partners, suppliers and subcontractors for the performance of any contract we enter into or other dealings we have in the normal course of business with you or the person that you work for, - to our legal advisors and other professional advisors or service providers, - in the event that we sell or buy any business or assets, to the prospective seller or buyer of such business or assets, subject to the terms of this Privacy Policy. ### International Data Transfers Personal Information collected through the Elker Website may be transferred to and processed in countries outside your country of residence. These countries may have different data protection laws. The Elker Website servers and third-party service providers (sub-processors) operate globally, including in Australia, the United States, and countries within the European Economic Area (EEA). When we transfer Personal Information internationally, we implement appropriate safeguards to ensure it remains protected in line with this Privacy Policy and applicable data protection laws. For users in the EEA, this may include the use of Standard Contractual Clauses (SCCs), reliance on adequacy decisions by the European Commission, or other lawful transfer mechanisms. ### Breach Response Our reasonable steps to protect information security include regular testing of our systems and development of a data breach response plan. In case of a data breach, we will implement our data breach response plan. We will assess the severity and impact of that breach. Where Personal Information may have been compromised, we will implement processes for minimising damage. Where notification is required, we will notify regulators and the relevant Client or Partner that authorises a Reporter’s or an Authorised Client User’s use of the Elker Platform. ### Compliance and Monitoring We conduct regular privacy audits, security assessments, policy reviews, and staff training programs for compliance with relevant Privacy Laws. ## Your Rights ### Choices and Control Reporters Authorised Client Users Website Users ### Reporters As a Reporter using the Elker Platform, you have control over: - whether to report anonymously or provide identifying information, - what Personal Information you include in your report, - whether to continue communicating with case managers. By using the Elker Platform as a Reporter or an Authorised Client User, you consent to us collecting and handling your Personal Information as described in this Privacy Policy and the privacy collection notice provided by us, secure storage by us of Personal Information that you provide, and retention according to legal requirements. To understand how the Client or Partner who authorises your use of the Elker Platform handles the Personal Information they collect or hold, including through use of the Elker Platform, please refer to the Client’s or Partner’s privacy policy and any related privacy collection notice. ### Authorised Client Users As a Reporter using the Elker Platform, you have control over: - whether to report anonymously or provide identifying information, - what Personal Information you include in your report, - whether to continue communicating with case managers. By using the Elker Platform as a Reporter or an Authorised Client User, you consent to us collecting and handling your Personal Information as described in this Privacy Policy and the privacy collection notice provided by us, secure storage by us of Personal Information that you provide, and retention according to legal requirements. To understand how the Client or Partner who authorises your use of the Elker Platform handles the Personal Information they collect or hold, including through use of the Elker Platform, please refer to the Client’s or Partner’s privacy policy and any related privacy collection notice. ### Website Users As a Website User, you: - may choose what Personal Information you provide to us. Depending on the Personal Information you choose to withhold, this may prevent some Elker Website features and services from working correctly. It may also prevent us from communicating with you, - can opt out of non-essential Cookies and tracking technology. This may prevent some Elker Website features and services from working correctly.  - consent to us collecting and handling your Personal Information as described in this Privacy Policy, secure storage by us of Personal Information that you provide, and retention according to legal requirements. ### Access Rights and Consent Withdrawal Reporters Authorised Client Users Website Users ### Reporters Elker, as the data processor, collects and processes Personal Information only as directed by a Client or Partner. The Client or Partner, as the data controller, determines the lawful basis for collecting and handling your Personal Information. For rights to access, correct, or delete your Personal Information, as well as withdrawing consent, we recommend that you first contact the Client or Partner that authorises your use of the Elker Platform. If you are unable to resolve your request with them or have concerns about how we handle Personal Information on behalf of a Client or Partner,  you can contact our Privacy Officer. Elker may need to verify your identity before responding. ### Authorised Client Users Elker, as the data processor, collects and processes Personal Information only as directed by a Client or Partner. The Client or Partner, as the data controller, determines the lawful basis for collecting and handling your Personal Information. For rights to access, correct, or delete your Personal Information, as well as withdrawing consent, we recommend that you first contact the Client or Partner that authorises your use of the Elker Platform. If you are unable to resolve your request with them or have concerns about how we handle Personal Information on behalf of a Client or Partner,  you can contact our Privacy Officer. Elker may need to verify your identity before responding. ### Website Users As a Website User, you have the right to: - request access to the Personal Information we hold about you, - request correction or deletion of that information, and - withdraw your consent for us to handle your Personal Information in line with this Privacy Policy. To exercise these rights, contact our Privacy Officer. We may need to verify your identity before responding to your request. Access is generally provided free of charge. However, we may charge a reasonable fee if your request requires a significant amount of effort. If access is refused, we will explain the reasons and identify any relevant exceptions under the Australian Privacy Principles, unless it is unreasonable to do so. We take reasonable steps to ensure that your Personal Information is accurate, complete, and up to date. If you believe the information we hold is incorrect, incomplete, irrelevant or outdated, please contact us. We will take appropriate steps to correct it or discuss alternative actions with you. ### Complaints and External Review For complaints about Elker’s handling of your Personal Information, you can contact our Privacy Officer.  We will acknowledge complaints within five business days, thoroughly investigate them, provide written responses within thirty days, and document the resolutions. If you are unsatisfied with our response, you can contact the Office of the Australian Information Commissioner: - Phone: 1300 363 992 - Email: [enquiries@oaic.gov.au](mailto:enquiries@oaic.gov.au) ## Cookies and Tracking Technologies The Elker Website uses Cookies and tracking technologies (like web beacons or pixels) to collect and use Personal Information about you, including to analyse trends, administer the Elker Website, track Website User behaviour on the Elker Website, and to gather demographic information about our user base as a whole. We use both session Cookies (which expire once you close your web browser) and persistent Cookies (which stay on your device for a set period or until you delete them). You can control and manage Cookies in various ways: - **cookie consent banner** — when you first visit the Elker Website, you will be presented with a cookie banner from our cookie consent manager allowing you to provide or withdraw consent for different categories of Cookies, - **browser settings** — most web browsers allow you to control Cookies through their settings preferences. However, if you limit the ability of websites to set Cookies, you may worsen your overall user experience. It may also stop you from using some features of the Elker Website. For more detailed information on the Cookies we use, their purpose, and how to manage them, please refer to our [Cookie Policy](https://elker.com/policies/cookies). We do not use Cookies or tracking technologies on the Elker Platform. ## Data Sharing and Disclosure (Sub-processors) We do not sell Personal Information of Website Users. We may share Personal Information of Website Users with third parties only in accordance with this Privacy Policy. We engage third-party companies and individuals to perform services on our behalf (e.g., Elker Website hosting, analytics, advertising, CRM, communication tools, meeting scheduling, consent management). These third parties act as data processors and are authorised to use Personal Information of Website Users only as necessary to provide these services to us and are obligated to protect that Personal Information. We have Data Processing Agreements (DPAs) in place with these providers where required by applicable law. Our key sub-processors for the Elker Website include the third parties listed in the table at the end of this Privacy Policy. ## Links to Other Websites The Elker Website may contain links to other websites that we do not operate. If you click on a third-party link, you will be directed to that third party's site. We strongly advise you to review the privacy policy of every site you visit. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party sites or services. ## Updates to This Privacy Policy We will review this Privacy Policy at least annually and may update it to reflect regulatory changes, improve clarity, or enhance protections as needed. The updated policy will be available on the Elker Website and, be effective upon posting. ## Contact Information - **Privacy Officer:** Shirli Kirschner - **Email:** [privacy@elker.com](mailto:privacy@elker.com) - **Mail:** Elker Pty Ltd, PO Box 15, Paddington NSW 2021, Australia ## Date of This Privacy Policy This Privacy Policy was last updated on 3 July 2025. --- url: https://elker.com/nz/policies/terms title: "Terms of Use | Elker" description: "By accessing the website, you are agreeing to be bound by these terms of service and all applicable laws." locale: en-NZ generated: 2026-07-01T14:05:44.868Z --- # Terms of Use Note that these terms of use apply only to the Elker website and they are not applicable to the Elker mobile or web application which is governed by a separate terms of use policy. ## **1\. Terms** By accessing the website at https://elker.com, you agree to be bound by these Terms of Service, as well as all applicable laws and regulations, and acknowledge that you are responsible for complying with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trademark law. ## **2\. Use license** Permission is granted to temporarily download one copy of the materials (information or software) on Elker’s website for personal, non-commercial, transitory viewing only. This is the grant of a license, not a transfer of title, and under this license, you may not: - modify or copy the materials; - use the materials for any commercial purpose or any public display (commercial or non-commercial); - attempt to decompile or reverse engineer any software contained on Elker’s website; - remove any copyright or other proprietary notations from the materials; or - transfer the materials to another person or “mirror” the materials on any other server. This license shall automatically terminate if you violate any of these restrictions, and may be terminated by Elker at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession, whether in electronic or printed format. ## **3\. Disclaimer** The materials on Elker’s website are provided on an ‘as is’ basis. Elker makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Elker does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site. ## **4\. Limitations** In no event shall Elker or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on Elker’s website, even if Elker or an Elker authorised representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties or limitations of liability for consequential or incidental damages, these limitations may not apply to you. ## **5\. Accuracy of materials** The materials appearing on Elker’s website could include technical, typographical, or photographic errors. Elker does not warrant that any of the materials on its website are accurate, complete or current. Elker reserves the right to make changes to the materials contained on its website at any time without notice. However, Elker does not make any commitment to update the materials. ## **6\. Links** Elker has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Elker of the site. Use of any such linked website is at the user’s own risk. ## 7\. Data collection and marketing communications By providing your contact information through our website forms or services, you acknowledge and agree that: - We may collect and store your personal information, including but not limited to your name, email address, phone number, and company details. - We may use this information to contact you regarding our products, services, promotions, and company updates. - We may contact you via email, phone, SMS, or other electronic means for marketing and sales purposes. - When you register for co-hosted events, webinars, or joint promotional activities, your registration information may be shared with our event partners and sponsors. - You can opt out of marketing communications at any time by contacting us or using the unsubscribe function in our emails. - We will handle your personal information in accordance with applicable privacy laws. ## **8\. Modifications** Elker reserves the right to revise these Terms of Service for its website at any time without notice. By using this website, you are agreeing to be bound by the then-current version of these terms of service. ## **9\. Governing law** These terms and conditions are governed by and construed under the laws of Australia, and you irrevocably submit to the exclusive jurisdiction of the courts in that State or location. ## **10\. Content disclaimer** Elker publishes articles, glossary entries, and other editorial content on workplace integrity, whistleblowing law, psychosocial safety, and related topics. This content is general information only and is not legal advice. Each editorial piece is reviewed by a named individual whose details appear in the byline. The named reviewer’s role is to confirm the piece is consistent with Elker’s editorial standards. Their attribution as a reviewer does not create a legal practitioner-client relationship between you and the reviewer, or between you and Elker. Laws change, and individual circumstances differ. For advice on your specific circumstances, you should consult a qualified legal practitioner. The Book a demo and Contact forms on this site are for commercial enquiries about the Elker platform. They are not a channel for obtaining legal advice about your specific situation; please engage independent counsel for that. --- url: https://elker.com/nz/policies/whistleblowing title: "Whistleblowing Policy | Elker" description: "Elker's whistleblowing policy. How we encourage people to speak up safely about wrongdoing, the channels available, and the protections for disclosers." locale: en-NZ generated: 2026-07-01T14:05:44.904Z --- # Whistleblowing Policy ## 1\. Purpose of the policy This policy is designed to encourage those who are aware of wrongdoing to speak up safely. These individuals may be entitled to the protections afforded to whistleblowers under the law. Whistleblowers are individuals who report instances of danger, malpractice, bribery, corruption, or other illegal or systemic misconduct. They are protected from being victimised as a result of their disclosures. ### Note from the founders At Elker, we are committed to cultivating a values-based business that operates with integrity and ethics. We also aim to be an inclusive organisation where every voice is heard and valued. We encourage open dialogue and actively support it, believing that listening contributes to a safer, more effective, and positive environment for everyone. If you suspect any serious wrongdoing or legislative breaches, you can file a whistleblowing report following the steps in this policy. We have established a secure mechanism through which concerns may be raised either anonymously or with a name. Reports can be made to our authorised whistleblowing representatives at Resolve Advisors or directly to our founder, Shirli Kirschner. Please ensure you read this policy in full before proceeding. We look forward to hearing from you. Shirli Kirschner and Jack Murray ## 2\. Who does this policy apply to? This policy applies to individuals who may be eligible for whistleblowing protections, including: - current and former board directors - officers - staff members - volunteers - contractors and suppliers - their associates - their family members ## 3\. What can be disclosed (protected disclosures)? A person making a disclosure must have reasonable grounds to report information they believe reveals: - illegal conduct, such as theft or violence - fraud or misappropriation of funds - financial irregularities - risk to public safety - modern slavery within our supply chain - risk to the company's financial stability - systemic misconduct affecting company culture, such as widespread bullying or harassment This policy does not cover work-related grievances, which include: - interpersonal conflicts between employees - transfer or promotion decisions - terms and conditions of employment - decisions about hiring or termination - performance management issues Even if your situation does not qualify for whistleblowing protection, we encourage you to come forward. We will treat your matter confidentially and can offer support, guidance, advice and problem-solving assistance. ## 4\. Who can receive a protected disclosure? We have established clear reporting channels to ensure that disclosures are straightforward and accessible. You can [report anonymously here](https://resolveadvisors.elker.com/select-flow/BRpSqO) or learn more in section 6 below. Our trained internal whistleblowing contacts include a nominated Board Director and senior managers who can receive your disclosure safely and confidentially. These contacts can guide you through the reporting process and explain how to access support. Peter LeonardBoard Director, Elkerpleonard@datasynergies.com.au Jack MurrayCo-founder and CIO, Elkerjack@elker.com ### 4.1 Public disclosure Under whistleblowing legislation, you may make public interest and emergency disclosures first to the Australian Securities and Investments Commission (ASIC) and the Australian Prudential Regulation Authority (APRA), and subsequently to parliamentarians or journalists. We strongly recommend seeking independent legal advice before taking this step. A public interest disclosure to a journalist or parliamentarian requires all of the following conditions: 1. At least 90 days have passed since your initial disclosure to ASIC, APRA or another prescribed Commonwealth body; 2. You have reasonable grounds to believe that no action has been taken in relation to your disclosure; 3. You have reasonable grounds to believe that making a further disclosure serves the public interest; 4. You have provided written notice to the original Commonwealth body that: 1. identifies your previous disclosure; and  2. states your intention to make a public interest disclosure. ### 4.2 Emergency disclosure An emergency disclosure to a journalist or parliamentarian requires all of the following conditions: 1. You have previously made a disclosure to ASIC, APRA or another prescribed Commonwealth body; 2. You have reasonable grounds to believe the information reveals substantial and imminent danger to people's health/safety or the natural environment; 3. You have provided written notice to the original Commonwealth body that: 1. identifies your previous disclosure; and 2. states your intention to make an emergency disclosure; 4. Your emergency disclosure contains only information necessary to communicate the substantial and imminent danger. ## 5\. Status of legal advice and whistleblowing Understanding whistleblowing protections can be complex. Any discussions with a legal practitioner about whistleblowing matters are protected by law, even if they ultimately determine your disclosure does not qualify for protection. If you seek independent legal advice, you may contact the Human Rights Law Centre's whistleblowing specialist: Kieran PenderEmail: Kieran.Pender@hrlc.org.au ## 6\. How to make a disclosure using the external platform, Elker Elker is our secure external reporting platform, operated by Resolve Advisors. You can report either to an independent consultant or to Shirli Kirschner through this system. The platform: - guides you through the reporting process - provides a secure tracking number for your report - enables anonymous reporting - allows secure two-way communication if more information is needed - lets you monitor your report's progress through a personal login We recommend using Elker for all disclosures as it ensures accurate documentation and protects anonymity. Access the Elker portal by [clicking here](https://resolveadvisors.elker.com/select-flow/BRpSqO). Information about your data protection is available under the FAQs on the platform. You can read more about Elker at [elker.com](https://elker.com). Our trust and platform security protocols are available at [elker.com/security](https://elker.com/security). ## Protections we afford you We will keep your identity confidential if you choose to identify yourself. We will also ensure you are not prejudiced or targeted for making a report. Elker allows you to: ### Report anonymously or with a name Once you start your report, you can upload files, save it as a draft to complete later and submit it whenever you are ready. ### Chat safely Once your report is submitted, you can chat with your chosen contact, whether anonymously or named. The respondent will provide support and advice on the platform. If you report anonymously, please save your secure access key, as this will allow you to follow up and provide any additional information needed to resolve your concern. Even if your matter doesn't qualify as whistleblowing, our contacts will guide you to an appropriate pathway. **Date reviewed:** August 2024 **Policy Owner:** Shirli Kirschner - Director **Policy review:** Annually --- url: https://elker.com/nz/pricing title: "Pricing | Get a personalised quote for your organisation" description: "Elker is an anonymous reporting platform for employees to speak up about workplace issues. Get a quote today and see how we can transform your organisation." locale: en-NZ generated: 2026-07-01T14:05:44.959Z --- Pricing # Tailored solutions for every organisation Elker offers bespoke reporting solutions, designed to meet the unique needs of small-to-medium-sized organisations and the complex demands of large enterprises. If you are unsure about what you might need, [contact us](/contact) for a free consultation. ### Core Essential reporting tools for small-to-medium-sized organisations. - Unlimited internal user seats - Configurable reporting pathways - Custom notifications - Analytics dashboard - Standard automations - iOS & Android app ### Enterprise Custom solution for large enterprises, global teams and complex needs. - Unlimited seats & pathways - Custom fields & complex form logic - Custom analytics & surveys - External case management through trusted partners - Custom data jurisdiction - Dedicated account manager A full list of features for each tier is below. ## Features ### Core Essential reporting tools for small-to-medium-sized organisations. ### Enterprise Custom solution for large enterprises, global teams and complex needs. Unlimited Unlimited Unlimited Unlimited Configurable Custom Standard Custom Standard Custom Standard Custom Add-on Standard Custom Add-on Add-on Add-on Add-on Add-on Add-on Add-on Add-on Add-on Add-on Choose where your data is located By default, data is stored in Australia or the EU Add-on Add-on Standard Custom Add-on Add-on Advanced Custom SLA Add-on Add-on Add-on Custom Add-on Custom Add-on Add-on Custom Add-on Add-on ## Frequently asked questions Elker's is tailored to the unique needs of each organisation. Our pricing considers the number of client seats, the number and type of reporting channels, desired features and modules, and any necessary customisations. To determine the cost for your organisation, start by requesting a quote. Please provide us with enough detail to understand your needs. Our team will respond with a price guide and organise a follow-up meeting. The setup process for Elker typically takes between 5 and 21 days. Setup time depends on the complexity of your organisation's requirements and the extent of software customisations and integrations needed. Due to the personalised nature of our software, we don't offer a trial. However, we are committed to ensuring that you have a clear understanding of how Elker can meet your organisation's specific needs. Our team will provide a comprehensive demonstration of the platform, showcasing its features and capabilities. We'll work closely with you to assess your unique requirements and put together a tailored package that aligns with your goals. This approach ensures that you have all the information necessary to make an informed decision without the need for a trial period. We aim to deliver a custom price guide within 1-2 business days. We may request additional information and a meeting to scope out your requirements. Building **trust and transparency** with Interested to find out more? See how Elker can help with compliance and build a culture of accountability and trust in your organisation. [Book a demo](/nz/book-demo) [Get a quote →](/nz/pricing) --- url: https://elker.com/nz/security title: "Trust and Security | Elker" description: "Our platform is built on trust. We go beyond industry standards to ensure data is managed and protected using the highest possible security protocols." locale: en-NZ generated: 2026-07-01T14:05:44.996Z --- # Security and data privacy Security is at the core of our business. Elker is trusted by leading organisations for secure data handling and protecting the anonymity of reporters. ## Our certifications and controls ![ISO 27001 Certification logo by the Global Compliance Certification (GCC)](https://media.elker.com/74edf326-f927-4feb-a180-31a49f65d64c/iso-27001-certified.svg) ### ISO 27001 certified Elker is certified with ISO 27001, the international standard for information security management systems. For a copy of our certificate, contact us. [Contact us](/nz/contact) ![Vanta trust portal for Elker](https://media.elker.com/0f835484-a84b-4b8d-8fd0-d2b973961e61/vanta-elker.svg) ### Vanta trust portal For a detailed overview of our security controls, procedures, and privacy practices, visit our Vanta Trust Portal. [Visit the trust portal](https://app.vanta.com/elker/trust/oyuc8jv5bsizzv2zbww) ## Our security framework ### Zero-trust architecture We verify every access request, no matter where it comes from. This means even if someone manages to breach one layer of security, they still can't access sensitive data without proper authentication. ### Defence-in-depth Instead of relying on a single security measure, we layer multiple controls throughout our systems. Each layer adds protection and makes it increasingly difficult for potential threats to get through. ### Privacy-by-design We consider privacy implications at every stage of our development process. Privacy protection is integrated into every part of our system. ### Continuous improvement Security threats evolve, and so do we. We regularly update our security measures, perform penetration testing on our systems, and incorporate new protections to stay ahead of emerging threats. ### Security governance Elker's leadership team sets the overall security strategy and regularly reviews the implementation of security controls and metrics to ensure continuous improvement. ## Technical security ### Single Sign-On (SSO) Elker supports secure authentication via Single Sign-On (SSO) using industry-standard protocols. Integration with Microsoft Entra and Active Directory enables clients to leverage their Microsoft 365 or on-premises AD accounts for seamless SSO experiences. ### Comprehensive penetration testing We engage independent security experts to conduct full-stack penetration tests on our systems at least annually. Any vulnerabilities discovered are promptly remediated. ### Cyber incident response Elker maintains a comprehensive cyber incident response plan that is regularly reviewed. Our team is prepared to detect, respond to, and recover from potential security incidents rapidly. ### Secure development lifecycles Security is embedded throughout our product development lifecycle. All changes undergo threat modelling and code review for security issues. Third-party libraries are continuously monitored for vulnerabilities. Automated security testing is performed on every code change before deployment. ### SOC 2 attested Elker is SOC2 attested and all of Elker's cloud services maintain SOC 2 compliance, ensuring they adhere to strict security and availability standards. ### Granular access controls Access to all Elker systems is governed by the principle of least privilege and enforced by role-based access control (RBAC). Clients have full visibility and control over access permissions for their instances. ### Employee background checks All Elker staff undergo thorough background checks as part of the hiring process. ### Security awareness training Elker staff complete cybersecurity awareness training to ensure their responsibilities in protecting client data are understood. ### Cybersecurity policy adherence Elker maintains a 100% acceptance rate for our cybersecurity policies, which all staff must review and agree to. ### Vendor risk management We assess the security posture of all third-party vendors, including cloud service providers and contractors, based on the risk they pose. Vendor security is continuously monitored throughout the engagement. ## Enterprise data protections - AES-256 encryption for data in transit and at rest - ISO 27001-certified - GDPR compliant - SOC 2-attested [Security page →](/nz/security) ![ISO 27001 Certified](https://media.elker.com/74edf326-f927-4feb-a180-31a49f65d64c/iso-27001-certified.svg)![SOC 2 Verified](https://media.elker.com/c39b77d4-a682-489b-8c92-e07bfbc4b5ad/soc-2-verified.svg) ![GDPR Certified](https://media.elker.com/5f1bdd7e-b5d7-4409-b80b-9c24ebafd34e/gdpr.png) ## Data privacy at Elker ### Reporter anonymity For reporters who wish to remain anonymous, Elker guarantees that their identity will be protected. ### Data minimisation We only collect the minimum amount of personally identifiable information (PII) needed to enable reporting and communication with authorised parties. ### Data protection All PII is masked in logs and encrypted both in transit and at rest using industry best practices. Access to client data is strictly controlled and audited. Building **trust and transparency** with Interested to find out more? See how Elker can help with compliance and build a culture of accountability and trust in your organisation. [Book a demo](/nz/book-demo) [Get a quote →](/nz/pricing) --- url: https://elker.com/nz/trust title: "Trust | Employee safety and ethical integrity" description: "Elker empowers our partners to build cultures of integrity that attract top talent, increase performance and develop a true culture of safety." locale: en-NZ generated: 2026-07-01T14:05:45.461Z --- Safe Space Employer # Transforming workplace safety through trust and transparency We empower our partners to build integrity-based cultures that attract top talent, increase performance and develop a culture of safety. ![Elker Safe Space Employer badge](https://media.elker.com/07cd52bf-096c-4810-8b82-79d4131d7482/elker-safe-space-employer-badge-hero.png?width=992) ## Safe Space Employer badge An Elker Safe Space badge shows that an organisation is committed to cultural change and has implemented the following: ### Advanced anonymous reporting infrastructure A secure platform that protects employee identity while enabling two-way communication and support ### Direct leadership communication channels Bridging the gap between employees and leadership through confidential, structured feedback pathways ### Comprehensive issue tracking and resolution Systematic case management that ensures no concern goes unaddressed ### Regular evaluation and continuous improvement Meaningful workplace improvements through regular audits and data-driven insights ## Why trust matters Higher retention Organisations with a proper reporting system see significantly higher employee retention rates Diversity and innovation Companies committed to psychological safety attract and retain diverse talent, driving innovation and performance Detection and prevention Issues are identified and addressed earlier when people have access to secure, anonymous reporting channels Partner with Elker for lasting change Join leading organisations that have chosen Elker to drive meaningful change [Book a demo](/nz/book-demo) [Get a quote →](/nz/pricing) --- url: https://elker.com/nz/webinars title: "Webinars | Expert Roundtables With Industry Experts" description: "Register for one of our upcoming live webinars. Discover topical roundtables and demonstrations of the Elker platform." locale: en-NZ generated: 2026-07-01T14:05:45.951Z --- # Webinars Discover topical roundtables and demonstrations of the Elker platform. Register for one of our upcoming live webinars. [Contact us](/nz/contact) if you missed one of the webinars and you would like the recording. ## Past webinars [ ![](https://media.elker.com/2bfc62e0-b8c1-4907-9f3e-727837b5d6c8/Sensitive-Data-Webinar-Flyer-Page-1.png?width=992) ](/nz/webinars/dealing-with-sensitive-information) [ ### Handling Sensitive Information May 28, 2026, 1pm AEST ](/nz/webinars/dealing-with-sensitive-information) [ ![Webinar information about finishing the year safely in the workplace](https://media.elker.com/c0ba7d7e-9d72-4b61-81ce-105f1a9a72f0/Finishing-Safe-Webinar-3Dec2025-2000w.png?width=992) ](/nz/webinars/finishing-safe-between-now-and-january-webinar) [ ### Finishing Safe - Everything You Need to Know Between Now and January Dec 3, 2025, 1pm AEDT ](/nz/webinars/finishing-safe-between-now-and-january-webinar) [ ![Webinar Speaking up Slowing Down Addressing Psychosocial Issues at Work Wed 5 Nov 1](https://media.elker.com/0609ed85-0c80-439e-aaa7-0a0e7cecd3bf/Webinar-Speaking-Up-slowing-down-addressing-psychosocial-issues-at-work-wed-5-nov-1.png?width=992) ](/nz/webinars/addressing-psychosocial-issues-at-work-webinar) [ ### Speaking up, slowing down - Addressing psychosocial issues at work Nov 5, 2025, 1pm AEDT ](/nz/webinars/addressing-psychosocial-issues-at-work-webinar) [ ![Webinar: Leading People and Culture in the New World of Work](https://media.elker.com/f25874a6-32c8-48a8-8cc7-ca91bb278d88/webinar-leading-people-culture-new-world-work.jpg?width=992) ](/nz/webinars/new-world-of-work) [ ### Leading People and Culture in the New World of Work Nov 20, 2024, 1 pm AEDT ](/nz/webinars/new-world-of-work) [ ![Webinar: Investing in Employee Well-Being Psychosocial Safety](https://media.elker.com/47aab730-1a83-4d29-b357-e84aed010ba2/investing-in-employee-well-being-psychosocial-safety.png?width=992) ](/nz/webinars/psychosocial-safety-construction-and-mining) [ ### Investing in Employee Well-Being: Psychosocial Safety in Construction and Mining Oct 29, 2024, 1 pm AEDT ](/nz/webinars/psychosocial-safety-construction-and-mining) [ ![Webinar: Safety culture and transformation in the hospitality industry](https://media.elker.com/0ee4a975-a6a5-49a7-b9ad-15f571efcece/safety_culture_transformation_hospitality.png?width=992) ](/nz/webinars/safety-culture-and-transformation-hospitality) [ ### Safety Culture and Transformation in the Hospitality Industry Oct 23, 2024, 3 pm AEDT ](/nz/webinars/safety-culture-and-transformation-hospitality) [ ![Elker x Neuroleadership Webinar, September 5 2024](https://media.elker.com/b4f08180-d19d-42f3-a2e7-43417e87c4c4/elker-neuroleadership-webinar-2024-sept.png?width=992) ](/nz/webinars/psychosocial-risks-leadership-and-tools) [ ### Psychosocial Risks: Leadership and Tools Sep 5, 2024, 1 pm AEST ](/nz/webinars/psychosocial-risks-leadership-and-tools) [ ![Webinar: Live demonstration of the Elker platform](https://media.elker.com/2a3e2bcf-eb63-4944-a6ce-730b80524858/webinar-elker-live-demo.png?width=992) ](/nz/webinars/2024-august-live-demonstration-of-the-elker-platform) [ ### Live Demonstration of the Elker Platform Aug 14, 2024, 3 pm AEST ](/nz/webinars/2024-august-live-demonstration-of-the-elker-platform) Interested to find out more? See how Elker can help with compliance and build a culture of accountability and trust in your organisation. [Book a demo](/nz/book-demo) [Get a quote →](/nz/pricing) --- url: https://elker.com/nz/webinars/2024-august-live-demonstration-of-the-elker-platform title: "Elker Webinar - Live Demonstration of the Elker Platform" description: "Join Jack Murray for an in-depth look at Elker — the leading reporting platform for employees to speak up and ensure compliance for Australian organisations." locale: en-NZ generated: 2026-07-01T14:05:45.780Z --- Aug 14, 2024, 3 pm AEST # Live Demonstration of the Elker Platform Join Jack Murray for an in-depth look at Elker — the leading reporting platform for employees to speak up and ensure compliance for Australian organisations. ![Webinar: Live demonstration of the Elker platform](https://media.elker.com/2a3e2bcf-eb63-4944-a6ce-730b80524858/webinar-elker-live-demo.png?width=992) **Date:** Aug 14, 2024 **Time:** 3 pm AEST **Duration:** 45 min **Cost:** Free (Limited places) In this live demo, Jack will showcase Elker's powerful features and demonstrate how it streamlines the reporting process, fosters a speak-up culture, and helps organisations effectively manage and resolve workplace issues. You'll see all the key functionalities of Elker, including: - **Customisable reporting pathways:** Tailor the platform to your organisation's specific needs, with customisable landing pages, reporting channels, and question flows. - **Anonymous reporting:** Experience the seamless process of making an anonymous report, from selecting the appropriate channel to providing detailed information and evidence. - **Comprehensive case management:** Learn how Elker's powerful dashboard enables your team to efficiently receive, triage, and manage reports, with features like routing, team setup, and customisable workflows. - **Real-time analytics and insights:** Explore Elker's analytics capabilities, which provide valuable insights into workplace trends and help you proactively address issues and mitigate risks. - **Secure and compliant:** See how Elker's robust security measures protect sensitive information and the anonymity of reporters. Don't miss this opportunity to see Elker in action and learn how it can transform your organisation's approach to anonymous reporting. ## Registrations closed Please [contact us](/nz/contact) if you would like a recording of the webinar. [See upcoming webinars](/nz/webinars) ## Presenters - ![Jack Murray - Co-founder & CIO, Elker](https://media.elker.com/c7780bea-3f36-4577-a647-6747cfc79cfa/undefined) ### Jack Murray #### Co-founder & CIO, Elker As the CIO of Elker, Jack Murray develops tech-driven strategies to improve workplace culture and safety. He specialises in creating solutions that promote organisational transparency and employee well-being. - [LinkedIn](https://www.linkedin.com/in/jacklmurray/) ## Past webinars [ ![](https://media.elker.com/2bfc62e0-b8c1-4907-9f3e-727837b5d6c8/Sensitive-Data-Webinar-Flyer-Page-1.png?width=992) ](/nz/webinars/dealing-with-sensitive-information) [ ### Handling Sensitive Information May 28, 2026, 1pm AEST ](/nz/webinars/dealing-with-sensitive-information) [ ![Webinar information about finishing the year safely in the workplace](https://media.elker.com/c0ba7d7e-9d72-4b61-81ce-105f1a9a72f0/Finishing-Safe-Webinar-3Dec2025-2000w.png?width=992) ](/nz/webinars/finishing-safe-between-now-and-january-webinar) [ ### Finishing Safe - Everything You Need to Know Between Now and January Dec 3, 2025, 1pm AEDT ](/nz/webinars/finishing-safe-between-now-and-january-webinar) [ ![Webinar Speaking up Slowing Down Addressing Psychosocial Issues at Work Wed 5 Nov 1](https://media.elker.com/0609ed85-0c80-439e-aaa7-0a0e7cecd3bf/Webinar-Speaking-Up-slowing-down-addressing-psychosocial-issues-at-work-wed-5-nov-1.png?width=992) ](/nz/webinars/addressing-psychosocial-issues-at-work-webinar) [ ### Speaking up, slowing down - Addressing psychosocial issues at work Nov 5, 2025, 1pm AEDT ](/nz/webinars/addressing-psychosocial-issues-at-work-webinar) [ ![Webinar: Leading People and Culture in the New World of Work](https://media.elker.com/f25874a6-32c8-48a8-8cc7-ca91bb278d88/webinar-leading-people-culture-new-world-work.jpg?width=992) ](/nz/webinars/new-world-of-work) [ ### Leading People and Culture in the New World of Work Nov 20, 2024, 1 pm AEDT ](/nz/webinars/new-world-of-work) [ ![Webinar: Investing in Employee Well-Being Psychosocial Safety](https://media.elker.com/47aab730-1a83-4d29-b357-e84aed010ba2/investing-in-employee-well-being-psychosocial-safety.png?width=992) ](/nz/webinars/psychosocial-safety-construction-and-mining) [ ### Investing in Employee Well-Being: Psychosocial Safety in Construction and Mining Oct 29, 2024, 1 pm AEDT ](/nz/webinars/psychosocial-safety-construction-and-mining) [ ![Webinar: Navigating the New Aged Care Act](https://media.elker.com/01c395be-acfd-49af-b2ab-e05cd370f088/webinar-navigating-the-new-aged-care-act.jpg?width=992) ](/nz/webinars/new-aged-care-act-speak-up) [ ### The New Aged Care Act - Navigating Speak Up Obligations Oct 28, 2024, 1 pm AEDT ](/nz/webinars/new-aged-care-act-speak-up) [ ![Webinar: Safety culture and transformation in the hospitality industry](https://media.elker.com/0ee4a975-a6a5-49a7-b9ad-15f571efcece/safety_culture_transformation_hospitality.png?width=992) ](/nz/webinars/safety-culture-and-transformation-hospitality) [ ### Safety Culture and Transformation in the Hospitality Industry Oct 23, 2024, 3 pm AEDT ](/nz/webinars/safety-culture-and-transformation-hospitality) [ ![Webinar: Whistleblowing and speak up in aged care](https://media.elker.com/d46ace35-1807-4859-991b-e8ddba990e4f/whistleblowing_speak_up_aged_care.png?width=992) ](/nz/webinars/webinar-whistleblowing-speak-up-aged-care) [ ### Whistleblowing & Speak-Up in Aged Care: Building Safer Foundations for Our Ageing Population Oct 1, 2024, 3 pm AEST ](/nz/webinars/webinar-whistleblowing-speak-up-aged-care) [ ![Webinar: Creating safer local governments - Tools for psychosocial health and public interest disclosures](https://media.elker.com/e83e81d8-8f25-4a52-8fff-ee20c10bef15/webinar-safer-local-governments.png?width=992) ](/nz/webinars/webinar-safer-local-governments) [ ### Creating Safer Local Governments: Tools for Psychosocial Health Sep 18, 2024, 3 pm AEST ](/nz/webinars/webinar-safer-local-governments) [ ![Elker x Neuroleadership Webinar, September 5 2024](https://media.elker.com/b4f08180-d19d-42f3-a2e7-43417e87c4c4/elker-neuroleadership-webinar-2024-sept.png?width=992) ](/nz/webinars/psychosocial-risks-leadership-and-tools) [ ### Psychosocial Risks: Leadership and Tools Sep 5, 2024, 1 pm AEST ](/nz/webinars/psychosocial-risks-leadership-and-tools) [ ![Webinar: Navigating the positive duty in the Sex Discrimination Act with Elker](https://media.elker.com/9ba92aad-4444-40f4-8078-78cee6028c3e/webinar-positive-duty-elker.png?width=992) ](/nz/webinars/2024-sept-respect-at-work-webinar) [ ### Respect At Work Webinar: Navigating the Positive Duty With Elker Sep 4, 2024, 3 pm AEST ](/nz/webinars/2024-sept-respect-at-work-webinar) Interested to find out more? See how Elker can help with compliance and build a culture of accountability and trust in your organisation. [Book a demo](/nz/book-demo) [Get a quote →](/nz/pricing) --- url: https://elker.com/nz/webinars/addressing-psychosocial-issues-at-work-webinar title: "Speaking up, slowing down - Addressing psychosocial issues at work" description: "Join our webinar to learn about how employee mental health can be part of company risk management, psychosocial health in the workplace and speak up culture." locale: en-NZ generated: 2026-07-01T14:05:45.819Z --- Nov 5, 2025, 1pm AEDT # Speaking up, slowing down - Addressing psychosocial issues at work Join our webinar to learn about how employee mental health can be part of company risk management, psychosocial health in the workplace and speak up culture. ![Webinar Speaking up Slowing Down Addressing Psychosocial Issues at Work Wed 5 Nov 1](https://media.elker.com/0609ed85-0c80-439e-aaa7-0a0e7cecd3bf/Webinar-Speaking-Up-slowing-down-addressing-psychosocial-issues-at-work-wed-5-nov-1.png?width=992) **Date:** Nov 5, 2025 **Time:** 1pm AEDT **Duration:** 60 mins **Cost:** Free (Limited places) Employee mental health can be part of company risk management. To be effective it is critical to understand the differences between wellbeing initiatives and psychosocial risk management. It is also useful to understand the role of data and your 'speak up' system in this mix. In this conversation, Shirli Kirschner, Resolve Advisors / Elker, and Keith Govias, EML Workplace Safety and Risk Principal, will explore the real-world challenges of meeting new legislative duties while supporting human needs. They will also provide practical tools and tips. **Together, we'll examine:** 1. The liability landscape: What organisations are accountable for under new psychosocial legislation 2. The difference between wellbeing and psychosocial management - and why it matters under the law 3. Where burnout fits in: Is it a risk, a symptom, or a failure of a system? 4. How speak up systems help - early detection of psychosocial issues 5. What questions and data can alert leaders to risks before harm occurs 6. Whether Australian workers have become less resilient - and what that means for leaders 7. How to encourage over workers to slow down, and why that might be the key to sustainable performance ## Registrations closed Please [contact us](/nz/contact) if you would like a recording of the webinar. [See upcoming webinars](/nz/webinars) ## Presenters - ![Shirli Kirschner - Co-founder & COA, Elker](https://media.elker.com/e1d339ea-86bb-43a3-9068-4e2badb3a3c3/undefined) ### Shirli Kirschner #### Co-founder & COA, Elker 30+ years of legal and dispute system design. Leader in speak-up technology transforming workplace culture. - [LinkedIn](https://www.linkedin.com/in/shirli-kirschner/) - ![Keith Govias - Workplace Safety and Risk Principal, EML](https://media.elker.com/77051c40-b245-42a9-bad7-a7076977551e/undefined) ### Keith Govias #### Workplace Safety and Risk Principal, EML Keith is a safety and risk expert with 15+ years’ experience across iconic Australian brands. As a Vincent Fairfax Fellow, he advises on policy reform, mental health, and ethical leadership. He champions recovery at work and transparent, evidence-based approaches to protect mental health whilst helping employers build trust through proactive support for vulnerable workers and psychological wellbeing. - [LinkedIn](https://www.linkedin.com/in/keith-govias-93195639) ## Past webinars [ ![](https://media.elker.com/2bfc62e0-b8c1-4907-9f3e-727837b5d6c8/Sensitive-Data-Webinar-Flyer-Page-1.png?width=992) ](/nz/webinars/dealing-with-sensitive-information) [ ### Handling Sensitive Information May 28, 2026, 1pm AEST ](/nz/webinars/dealing-with-sensitive-information) [ ![Webinar information about finishing the year safely in the workplace](https://media.elker.com/c0ba7d7e-9d72-4b61-81ce-105f1a9a72f0/Finishing-Safe-Webinar-3Dec2025-2000w.png?width=992) ](/nz/webinars/finishing-safe-between-now-and-january-webinar) [ ### Finishing Safe - Everything You Need to Know Between Now and January Dec 3, 2025, 1pm AEDT ](/nz/webinars/finishing-safe-between-now-and-january-webinar) [ ![Webinar: Leading People and Culture in the New World of Work](https://media.elker.com/f25874a6-32c8-48a8-8cc7-ca91bb278d88/webinar-leading-people-culture-new-world-work.jpg?width=992) ](/nz/webinars/new-world-of-work) [ ### Leading People and Culture in the New World of Work Nov 20, 2024, 1 pm AEDT ](/nz/webinars/new-world-of-work) [ ![Webinar: Investing in Employee Well-Being Psychosocial Safety](https://media.elker.com/47aab730-1a83-4d29-b357-e84aed010ba2/investing-in-employee-well-being-psychosocial-safety.png?width=992) ](/nz/webinars/psychosocial-safety-construction-and-mining) [ ### Investing in Employee Well-Being: Psychosocial Safety in Construction and Mining Oct 29, 2024, 1 pm AEDT ](/nz/webinars/psychosocial-safety-construction-and-mining) [ ![Webinar: Navigating the New Aged Care Act](https://media.elker.com/01c395be-acfd-49af-b2ab-e05cd370f088/webinar-navigating-the-new-aged-care-act.jpg?width=992) ](/nz/webinars/new-aged-care-act-speak-up) [ ### The New Aged Care Act - Navigating Speak Up Obligations Oct 28, 2024, 1 pm AEDT ](/nz/webinars/new-aged-care-act-speak-up) [ ![Webinar: Safety culture and transformation in the hospitality industry](https://media.elker.com/0ee4a975-a6a5-49a7-b9ad-15f571efcece/safety_culture_transformation_hospitality.png?width=992) ](/nz/webinars/safety-culture-and-transformation-hospitality) [ ### Safety Culture and Transformation in the Hospitality Industry Oct 23, 2024, 3 pm AEDT ](/nz/webinars/safety-culture-and-transformation-hospitality) [ ![Webinar: Whistleblowing and speak up in aged care](https://media.elker.com/d46ace35-1807-4859-991b-e8ddba990e4f/whistleblowing_speak_up_aged_care.png?width=992) ](/nz/webinars/webinar-whistleblowing-speak-up-aged-care) [ ### Whistleblowing & Speak-Up in Aged Care: Building Safer Foundations for Our Ageing Population Oct 1, 2024, 3 pm AEST ](/nz/webinars/webinar-whistleblowing-speak-up-aged-care) [ ![Webinar: Creating safer local governments - Tools for psychosocial health and public interest disclosures](https://media.elker.com/e83e81d8-8f25-4a52-8fff-ee20c10bef15/webinar-safer-local-governments.png?width=992) ](/nz/webinars/webinar-safer-local-governments) [ ### Creating Safer Local Governments: Tools for Psychosocial Health Sep 18, 2024, 3 pm AEST ](/nz/webinars/webinar-safer-local-governments) [ ![Elker x Neuroleadership Webinar, September 5 2024](https://media.elker.com/b4f08180-d19d-42f3-a2e7-43417e87c4c4/elker-neuroleadership-webinar-2024-sept.png?width=992) ](/nz/webinars/psychosocial-risks-leadership-and-tools) [ ### Psychosocial Risks: Leadership and Tools Sep 5, 2024, 1 pm AEST ](/nz/webinars/psychosocial-risks-leadership-and-tools) [ ![Webinar: Navigating the positive duty in the Sex Discrimination Act with Elker](https://media.elker.com/9ba92aad-4444-40f4-8078-78cee6028c3e/webinar-positive-duty-elker.png?width=992) ](/nz/webinars/2024-sept-respect-at-work-webinar) [ ### Respect At Work Webinar: Navigating the Positive Duty With Elker Sep 4, 2024, 3 pm AEST ](/nz/webinars/2024-sept-respect-at-work-webinar) [ ![Webinar: Live demonstration of the Elker platform](https://media.elker.com/2a3e2bcf-eb63-4944-a6ce-730b80524858/webinar-elker-live-demo.png?width=992) ](/nz/webinars/2024-august-live-demonstration-of-the-elker-platform) [ ### Live Demonstration of the Elker Platform Aug 14, 2024, 3 pm AEST ](/nz/webinars/2024-august-live-demonstration-of-the-elker-platform) Interested to find out more? See how Elker can help with compliance and build a culture of accountability and trust in your organisation. [Book a demo](/nz/book-demo) [Get a quote →](/nz/pricing) --- url: https://elker.com/nz/webinars/dealing-with-sensitive-information title: "Handling Sensitive Information" description: "A practical conversation about how governance, visibility and transparency can support responsible handling of sensitive information." locale: en-NZ generated: 2026-07-01T14:05:45.870Z --- May 28, 2026, 1pm AEST # Handling Sensitive Information A practical conversation about how governance, visibility and transparency can support responsible handling of sensitive information. ![](https://media.elker.com/2bfc62e0-b8c1-4907-9f3e-727837b5d6c8/Sensitive-Data-Webinar-Flyer-Page-1.png?width=992) **Date:** May 28, 2026 **Time:** 1pm AEST **Duration:** 1 hour **Cost:** Free (Limited places) ### Who Sees It, Who Controls It, and What Happens Next? In the digital age, organisations are capturing more sensitive information than ever before including personal disclosures, incident reports, investigation materials, and highly vulnerable narratives (positive duty, discrimination, psychosocial harm). Much of this data, if mishandled, can expose multiple stakeholders to legal, reputational, and personal harm. At the same time, large language models have unprecedented ability to search and analyse information in our emails, our storage folders and meeting minutes. Sensitive information gives organisations powerful insight into risk and vulnerability but it also carries real responsibility. How do you keep it safe and contained, while still learning from it? This In Conversation explores practical ways technology, governance, and process design can support its collection and responsible use. ### What we'll explore: - Managing sensitive information - protecting what matters while enabling insight - Why legal obligations are raising the stakes for sensitive data management - Practical guidance to reduce risk, build trust, and make better decisions using sensitive data without compromising safety or compliance - Getting people to disclose information earlier by creating conditions for safe disclosure - Why sensitive information requires its own governance approach - Who has access? Building transparency and trust in information handling - Putting control back with individuals what is shared, when, and ## Registrations closed Please [contact us](/nz/contact) if you would like a recording of the webinar. [See upcoming webinars](/nz/webinars) ## Presenters - ![Shirli Kirschner - Co-founder & COA, Elker](https://media.elker.com/e1d339ea-86bb-43a3-9068-4e2badb3a3c3/undefined) ### Shirli Kirschner #### Co-founder & COA, Elker 30+ years of legal and dispute system design. Leader in speak-up technology transforming workplace culture. - [LinkedIn](https://www.linkedin.com/in/shirli-kirschner/) - ![Tony Morris - Director, SafeTM](https://media.elker.com/8fca1fa0-0a33-4d76-9ce5-d6b5c0ad809a/undefined) ### Tony Morris #### Director, SafeTM Drawing on 20+ years across frontline safety regulation, WHS legal practice and senior advisory roles, Tony supports Boards and executives to understand and meet their WHS obligations, turning technical compliance into governance that works in the real world. - [LinkedIn](https://www.linkedin.com/in/tonybmorris/) ## Past webinars [ ![Webinar information about finishing the year safely in the workplace](https://media.elker.com/c0ba7d7e-9d72-4b61-81ce-105f1a9a72f0/Finishing-Safe-Webinar-3Dec2025-2000w.png?width=992) ](/nz/webinars/finishing-safe-between-now-and-january-webinar) [ ### Finishing Safe - Everything You Need to Know Between Now and January Dec 3, 2025, 1pm AEDT ](/nz/webinars/finishing-safe-between-now-and-january-webinar) [ ![Webinar Speaking up Slowing Down Addressing Psychosocial Issues at Work Wed 5 Nov 1](https://media.elker.com/0609ed85-0c80-439e-aaa7-0a0e7cecd3bf/Webinar-Speaking-Up-slowing-down-addressing-psychosocial-issues-at-work-wed-5-nov-1.png?width=992) ](/nz/webinars/addressing-psychosocial-issues-at-work-webinar) [ ### Speaking up, slowing down - Addressing psychosocial issues at work Nov 5, 2025, 1pm AEDT ](/nz/webinars/addressing-psychosocial-issues-at-work-webinar) [ ![Webinar: Leading People and Culture in the New World of Work](https://media.elker.com/f25874a6-32c8-48a8-8cc7-ca91bb278d88/webinar-leading-people-culture-new-world-work.jpg?width=992) ](/nz/webinars/new-world-of-work) [ ### Leading People and Culture in the New World of Work Nov 20, 2024, 1 pm AEDT ](/nz/webinars/new-world-of-work) [ ![Webinar: Investing in Employee Well-Being Psychosocial Safety](https://media.elker.com/47aab730-1a83-4d29-b357-e84aed010ba2/investing-in-employee-well-being-psychosocial-safety.png?width=992) ](/nz/webinars/psychosocial-safety-construction-and-mining) [ ### Investing in Employee Well-Being: Psychosocial Safety in Construction and Mining Oct 29, 2024, 1 pm AEDT ](/nz/webinars/psychosocial-safety-construction-and-mining) [ ![Webinar: Navigating the New Aged Care Act](https://media.elker.com/01c395be-acfd-49af-b2ab-e05cd370f088/webinar-navigating-the-new-aged-care-act.jpg?width=992) ](/nz/webinars/new-aged-care-act-speak-up) [ ### The New Aged Care Act - Navigating Speak Up Obligations Oct 28, 2024, 1 pm AEDT ](/nz/webinars/new-aged-care-act-speak-up) [ ![Webinar: Safety culture and transformation in the hospitality industry](https://media.elker.com/0ee4a975-a6a5-49a7-b9ad-15f571efcece/safety_culture_transformation_hospitality.png?width=992) ](/nz/webinars/safety-culture-and-transformation-hospitality) [ ### Safety Culture and Transformation in the Hospitality Industry Oct 23, 2024, 3 pm AEDT ](/nz/webinars/safety-culture-and-transformation-hospitality) [ ![Webinar: Whistleblowing and speak up in aged care](https://media.elker.com/d46ace35-1807-4859-991b-e8ddba990e4f/whistleblowing_speak_up_aged_care.png?width=992) ](/nz/webinars/webinar-whistleblowing-speak-up-aged-care) [ ### Whistleblowing & Speak-Up in Aged Care: Building Safer Foundations for Our Ageing Population Oct 1, 2024, 3 pm AEST ](/nz/webinars/webinar-whistleblowing-speak-up-aged-care) [ ![Webinar: Creating safer local governments - Tools for psychosocial health and public interest disclosures](https://media.elker.com/e83e81d8-8f25-4a52-8fff-ee20c10bef15/webinar-safer-local-governments.png?width=992) ](/nz/webinars/webinar-safer-local-governments) [ ### Creating Safer Local Governments: Tools for Psychosocial Health Sep 18, 2024, 3 pm AEST ](/nz/webinars/webinar-safer-local-governments) [ ![Elker x Neuroleadership Webinar, September 5 2024](https://media.elker.com/b4f08180-d19d-42f3-a2e7-43417e87c4c4/elker-neuroleadership-webinar-2024-sept.png?width=992) ](/nz/webinars/psychosocial-risks-leadership-and-tools) [ ### Psychosocial Risks: Leadership and Tools Sep 5, 2024, 1 pm AEST ](/nz/webinars/psychosocial-risks-leadership-and-tools) [ ![Webinar: Navigating the positive duty in the Sex Discrimination Act with Elker](https://media.elker.com/9ba92aad-4444-40f4-8078-78cee6028c3e/webinar-positive-duty-elker.png?width=992) ](/nz/webinars/2024-sept-respect-at-work-webinar) [ ### Respect At Work Webinar: Navigating the Positive Duty With Elker Sep 4, 2024, 3 pm AEST ](/nz/webinars/2024-sept-respect-at-work-webinar) [ ![Webinar: Live demonstration of the Elker platform](https://media.elker.com/2a3e2bcf-eb63-4944-a6ce-730b80524858/webinar-elker-live-demo.png?width=992) ](/nz/webinars/2024-august-live-demonstration-of-the-elker-platform) [ ### Live Demonstration of the Elker Platform Aug 14, 2024, 3 pm AEST ](/nz/webinars/2024-august-live-demonstration-of-the-elker-platform) Interested to find out more? See how Elker can help with compliance and build a culture of accountability and trust in your organisation. [Book a demo](/nz/book-demo) [Get a quote →](/nz/pricing) --- url: https://elker.com/nz/webinars/finishing-safe-between-now-and-january-webinar title: "Finishing Safe - Everything You Need to Know Between Now and January" description: "Webinar on the risks that surface at year-end, the messages that matter most, and how to keep your people and pathways supported through summer." locale: en-NZ generated: 2026-07-01T14:05:45.919Z --- Dec 3, 2025, 1pm AEDT # Finishing Safe - Everything You Need to Know Between Now and January Join our webinar to explore the risks that tend to surface at this time of year, the messages that matter most, and how to keep your people and pathways supported through the December to January period. ![Webinar information about finishing the year safely in the workplace](https://media.elker.com/c0ba7d7e-9d72-4b61-81ce-105f1a9a72f0/Finishing-Safe-Webinar-3Dec2025-2000w.png?width=992) **Date:** Dec 3, 2025 **Time:** 1pm AEDT **Duration:** 1 hour **Cost:** Free (Limited places) Leaders face unique pressures between December and January. Teams are stretched, decision making speeds up and fewer people are around to catch issues early. To stay effective during this period, it is important to understand the risks that tend to surface, the messages that matter most and how to support your managers so they feel confident and prepared. In this conversation, Shirli Kirschner, Elker, and Fay Calderone, Hall and Wilcox, will explore the real world challenges leaders encounter at this time of year. They will share practical guidance, recommended priorities and simple tools you can use immediately. **Together, we will examine:** 1. Why this time of year matters for culture and safety 2. The critical messages to anchor in your workplace 3. Emerging and escalating risks to watch for 4. How to support and protect your managers and yourself 5. The checklist for effective speak up pathways 6. Being on stand by and supporting teams across the break 7. Leadership priorities for the December to January period ## Watch the video replay ## Presenters - ![Shirli Kirschner - Co-founder & COA, Elker](https://media.elker.com/e1d339ea-86bb-43a3-9068-4e2badb3a3c3/undefined) ### Shirli Kirschner #### Co-founder & COA, Elker 30+ years of legal and dispute system design. Leader in speak-up technology transforming workplace culture. - [LinkedIn](https://www.linkedin.com/in/shirli-kirschner/) - ![Fay Calderone - Workplace Relations Partner, Hall & Wilcox](https://media.elker.com/338ec4aa-b658-4796-ad67-7f1642190a9b/undefined) ### Fay Calderone #### Workplace Relations Partner, Hall & Wilcox Fay Calderone is an employment lawyer and author and workplace relations partner at Hall & Wilcox. - [LinkedIn](https://www.linkedin.com/in/faycalderone/) ## Past webinars [ ![](https://media.elker.com/2bfc62e0-b8c1-4907-9f3e-727837b5d6c8/Sensitive-Data-Webinar-Flyer-Page-1.png?width=992) ](/nz/webinars/dealing-with-sensitive-information) [ ### Handling Sensitive Information May 28, 2026, 1pm AEST ](/nz/webinars/dealing-with-sensitive-information) [ ![Webinar Speaking up Slowing Down Addressing Psychosocial Issues at Work Wed 5 Nov 1](https://media.elker.com/0609ed85-0c80-439e-aaa7-0a0e7cecd3bf/Webinar-Speaking-Up-slowing-down-addressing-psychosocial-issues-at-work-wed-5-nov-1.png?width=992) ](/nz/webinars/addressing-psychosocial-issues-at-work-webinar) [ ### Speaking up, slowing down - Addressing psychosocial issues at work Nov 5, 2025, 1pm AEDT ](/nz/webinars/addressing-psychosocial-issues-at-work-webinar) [ ![Webinar: Leading People and Culture in the New World of Work](https://media.elker.com/f25874a6-32c8-48a8-8cc7-ca91bb278d88/webinar-leading-people-culture-new-world-work.jpg?width=992) ](/nz/webinars/new-world-of-work) [ ### Leading People and Culture in the New World of Work Nov 20, 2024, 1 pm AEDT ](/nz/webinars/new-world-of-work) [ ![Webinar: Investing in Employee Well-Being Psychosocial Safety](https://media.elker.com/47aab730-1a83-4d29-b357-e84aed010ba2/investing-in-employee-well-being-psychosocial-safety.png?width=992) ](/nz/webinars/psychosocial-safety-construction-and-mining) [ ### Investing in Employee Well-Being: Psychosocial Safety in Construction and Mining Oct 29, 2024, 1 pm AEDT ](/nz/webinars/psychosocial-safety-construction-and-mining) [ ![Webinar: Navigating the New Aged Care Act](https://media.elker.com/01c395be-acfd-49af-b2ab-e05cd370f088/webinar-navigating-the-new-aged-care-act.jpg?width=992) ](/nz/webinars/new-aged-care-act-speak-up) [ ### The New Aged Care Act - Navigating Speak Up Obligations Oct 28, 2024, 1 pm AEDT ](/nz/webinars/new-aged-care-act-speak-up) [ ![Webinar: Safety culture and transformation in the hospitality industry](https://media.elker.com/0ee4a975-a6a5-49a7-b9ad-15f571efcece/safety_culture_transformation_hospitality.png?width=992) ](/nz/webinars/safety-culture-and-transformation-hospitality) [ ### Safety Culture and Transformation in the Hospitality Industry Oct 23, 2024, 3 pm AEDT ](/nz/webinars/safety-culture-and-transformation-hospitality) [ ![Webinar: Whistleblowing and speak up in aged care](https://media.elker.com/d46ace35-1807-4859-991b-e8ddba990e4f/whistleblowing_speak_up_aged_care.png?width=992) ](/nz/webinars/webinar-whistleblowing-speak-up-aged-care) [ ### Whistleblowing & Speak-Up in Aged Care: Building Safer Foundations for Our Ageing Population Oct 1, 2024, 3 pm AEST ](/nz/webinars/webinar-whistleblowing-speak-up-aged-care) [ ![Webinar: Creating safer local governments - Tools for psychosocial health and public interest disclosures](https://media.elker.com/e83e81d8-8f25-4a52-8fff-ee20c10bef15/webinar-safer-local-governments.png?width=992) ](/nz/webinars/webinar-safer-local-governments) [ ### Creating Safer Local Governments: Tools for Psychosocial Health Sep 18, 2024, 3 pm AEST ](/nz/webinars/webinar-safer-local-governments) [ ![Elker x Neuroleadership Webinar, September 5 2024](https://media.elker.com/b4f08180-d19d-42f3-a2e7-43417e87c4c4/elker-neuroleadership-webinar-2024-sept.png?width=992) ](/nz/webinars/psychosocial-risks-leadership-and-tools) [ ### Psychosocial Risks: Leadership and Tools Sep 5, 2024, 1 pm AEST ](/nz/webinars/psychosocial-risks-leadership-and-tools) [ ![Webinar: Navigating the positive duty in the Sex Discrimination Act with Elker](https://media.elker.com/9ba92aad-4444-40f4-8078-78cee6028c3e/webinar-positive-duty-elker.png?width=992) ](/nz/webinars/2024-sept-respect-at-work-webinar) [ ### Respect At Work Webinar: Navigating the Positive Duty With Elker Sep 4, 2024, 3 pm AEST ](/nz/webinars/2024-sept-respect-at-work-webinar) [ ![Webinar: Live demonstration of the Elker platform](https://media.elker.com/2a3e2bcf-eb63-4944-a6ce-730b80524858/webinar-elker-live-demo.png?width=992) ](/nz/webinars/2024-august-live-demonstration-of-the-elker-platform) [ ### Live Demonstration of the Elker Platform Aug 14, 2024, 3 pm AEST ](/nz/webinars/2024-august-live-demonstration-of-the-elker-platform) Interested to find out more? See how Elker can help with compliance and build a culture of accountability and trust in your organisation. [Book a demo](/nz/book-demo) [Get a quote →](/nz/pricing) --- url: https://elker.com/nz/webinars/new-world-of-work title: "Leading People and Culture in the New World of Work" description: "Discover how to lead people and culture in the new world of work. Gain strategies for navigating change and fostering a resilient workforce. Register now!" locale: en-NZ generated: 2026-07-01T14:05:45.995Z --- Nov 20, 2024, 1 pm AEDT # Leading People and Culture in the New World of Work How to lead people and culture in the new world of work. Practical steps for building a risk framework and steps for changing mindset. Both are essential for navigating change and fostering a resilient, empowered workforce. Understand the next steps for your organisation. Register now! ![Webinar: Leading People and Culture in the New World of Work](https://media.elker.com/f25874a6-32c8-48a8-8cc7-ca91bb278d88/webinar-leading-people-culture-new-world-work.jpg?width=992) **Date:** Nov 20, 2024 **Time:** 1 pm AEDT **Duration:** 1 hr **Cost:** Free (Limited places) **Download brochure:** [Click here](https://media.elker.com/258c303d-0760-4731-9c59-f3925b7c0c20/leading-people-culture-elker-webinar-invitation.pdf) **Please note: The webinar has been postponed until Wednesday, 20 Nov 2024.** The nature of work is transforming, driven by shifting societal expectations, evolving legal obligations, and a focus on employee well-being. As a leader, navigating this new landscape requires a fresh perspective, innovative strategies, and a commitment to fostering a resilient culture that empowers your people. This thought-provoking webinar explores the challenges and opportunities facing leaders in the new world of work. It provides a framework for leading organisational transformation in response to legislative changes, such as psychosocial risks, the right to disconnect, and the positive duty. We will explore: - Legal trends shaping the future of work and their implications for personal responsibility - A framework for managing the risks within the new legislative requirements - Skills, mindsets, and behaviours needed to effectively lead in this dynamic environment - Leading culture change within your organisation and frameworks for measuring success - Strategies for engaging internal stakeholders, including leadership teams and the board Through expert insights, practical tools, and real-world examples, you'll gain the knowledge and inspiration needed to confidently lead your people and culture in the new world of work. Register now to secure your spot! ## Registrations closed Please [contact us](/nz/contact) if you would like a recording of the webinar. [See upcoming webinars](/nz/webinars) ## Presenters - ![Jane Lewis - Principal (and co-Founder), The Outlook Consulting Group](https://media.elker.com/51545d33-80d6-4091-81b1-0b1ac825e868/undefined) ### Jane Lewis #### Principal (and co-Founder), The Outlook Consulting Group Jane is an experienced Chief People Officer and Consultant working with clients on leadership development, enabling high performance and culture change. - [LinkedIn](https://linkedin.com/in/janemlewis/) - ![Shirli Kirschner - Co-founder & COA, Elker](https://media.elker.com/e1d339ea-86bb-43a3-9068-4e2badb3a3c3/undefined) ### Shirli Kirschner #### Co-founder & COA, Elker 30+ years of legal and dispute system design. Leader in speak-up technology transforming workplace culture. - [LinkedIn](https://www.linkedin.com/in/shirli-kirschner/) ## Past webinars [ ![](https://media.elker.com/2bfc62e0-b8c1-4907-9f3e-727837b5d6c8/Sensitive-Data-Webinar-Flyer-Page-1.png?width=992) ](/nz/webinars/dealing-with-sensitive-information) [ ### Handling Sensitive Information May 28, 2026, 1pm AEST ](/nz/webinars/dealing-with-sensitive-information) [ ![Webinar information about finishing the year safely in the workplace](https://media.elker.com/c0ba7d7e-9d72-4b61-81ce-105f1a9a72f0/Finishing-Safe-Webinar-3Dec2025-2000w.png?width=992) ](/nz/webinars/finishing-safe-between-now-and-january-webinar) [ ### Finishing Safe - Everything You Need to Know Between Now and January Dec 3, 2025, 1pm AEDT ](/nz/webinars/finishing-safe-between-now-and-january-webinar) [ ![Webinar Speaking up Slowing Down Addressing Psychosocial Issues at Work Wed 5 Nov 1](https://media.elker.com/0609ed85-0c80-439e-aaa7-0a0e7cecd3bf/Webinar-Speaking-Up-slowing-down-addressing-psychosocial-issues-at-work-wed-5-nov-1.png?width=992) ](/nz/webinars/addressing-psychosocial-issues-at-work-webinar) [ ### Speaking up, slowing down - Addressing psychosocial issues at work Nov 5, 2025, 1pm AEDT ](/nz/webinars/addressing-psychosocial-issues-at-work-webinar) [ ![Webinar: Investing in Employee Well-Being Psychosocial Safety](https://media.elker.com/47aab730-1a83-4d29-b357-e84aed010ba2/investing-in-employee-well-being-psychosocial-safety.png?width=992) ](/nz/webinars/psychosocial-safety-construction-and-mining) [ ### Investing in Employee Well-Being: Psychosocial Safety in Construction and Mining Oct 29, 2024, 1 pm AEDT ](/nz/webinars/psychosocial-safety-construction-and-mining) [ ![Webinar: Navigating the New Aged Care Act](https://media.elker.com/01c395be-acfd-49af-b2ab-e05cd370f088/webinar-navigating-the-new-aged-care-act.jpg?width=992) ](/nz/webinars/new-aged-care-act-speak-up) [ ### The New Aged Care Act - Navigating Speak Up Obligations Oct 28, 2024, 1 pm AEDT ](/nz/webinars/new-aged-care-act-speak-up) [ ![Webinar: Safety culture and transformation in the hospitality industry](https://media.elker.com/0ee4a975-a6a5-49a7-b9ad-15f571efcece/safety_culture_transformation_hospitality.png?width=992) ](/nz/webinars/safety-culture-and-transformation-hospitality) [ ### Safety Culture and Transformation in the Hospitality Industry Oct 23, 2024, 3 pm AEDT ](/nz/webinars/safety-culture-and-transformation-hospitality) [ ![Webinar: Whistleblowing and speak up in aged care](https://media.elker.com/d46ace35-1807-4859-991b-e8ddba990e4f/whistleblowing_speak_up_aged_care.png?width=992) ](/nz/webinars/webinar-whistleblowing-speak-up-aged-care) [ ### Whistleblowing & Speak-Up in Aged Care: Building Safer Foundations for Our Ageing Population Oct 1, 2024, 3 pm AEST ](/nz/webinars/webinar-whistleblowing-speak-up-aged-care) [ ![Webinar: Creating safer local governments - Tools for psychosocial health and public interest disclosures](https://media.elker.com/e83e81d8-8f25-4a52-8fff-ee20c10bef15/webinar-safer-local-governments.png?width=992) ](/nz/webinars/webinar-safer-local-governments) [ ### Creating Safer Local Governments: Tools for Psychosocial Health Sep 18, 2024, 3 pm AEST ](/nz/webinars/webinar-safer-local-governments) [ ![Elker x Neuroleadership Webinar, September 5 2024](https://media.elker.com/b4f08180-d19d-42f3-a2e7-43417e87c4c4/elker-neuroleadership-webinar-2024-sept.png?width=992) ](/nz/webinars/psychosocial-risks-leadership-and-tools) [ ### Psychosocial Risks: Leadership and Tools Sep 5, 2024, 1 pm AEST ](/nz/webinars/psychosocial-risks-leadership-and-tools) [ ![Webinar: Navigating the positive duty in the Sex Discrimination Act with Elker](https://media.elker.com/9ba92aad-4444-40f4-8078-78cee6028c3e/webinar-positive-duty-elker.png?width=992) ](/nz/webinars/2024-sept-respect-at-work-webinar) [ ### Respect At Work Webinar: Navigating the Positive Duty With Elker Sep 4, 2024, 3 pm AEST ](/nz/webinars/2024-sept-respect-at-work-webinar) [ ![Webinar: Live demonstration of the Elker platform](https://media.elker.com/2a3e2bcf-eb63-4944-a6ce-730b80524858/webinar-elker-live-demo.png?width=992) ](/nz/webinars/2024-august-live-demonstration-of-the-elker-platform) [ ### Live Demonstration of the Elker Platform Aug 14, 2024, 3 pm AEST ](/nz/webinars/2024-august-live-demonstration-of-the-elker-platform) Interested to find out more? See how Elker can help with compliance and build a culture of accountability and trust in your organisation. [Book a demo](/nz/book-demo) [Get a quote →](/nz/pricing) --- url: https://elker.com/nz/webinars/psychosocial-risks-leadership-and-tools title: "Webinar | Psychosocial Risks: Leadership and Tools" description: "Join Jeff Knibb from the NeuroLeadership Institute and Shirli Kirschner from Elker to discuss psychosocial safety in the workplace." locale: en-NZ generated: 2026-07-01T14:05:46.064Z --- Sep 5, 2024, 1 pm AEST # Psychosocial Risks: Leadership and Tools Join Jeff Knibb from the NeuroLeadership Institute and Shirli Kirschner from Elker to discuss psychosocial safety in the workplace. ![Elker x Neuroleadership Webinar, September 5 2024](https://media.elker.com/b4f08180-d19d-42f3-a2e7-43417e87c4c4/elker-neuroleadership-webinar-2024-sept.png?width=992) **Date:** Sep 5, 2024 **Time:** 1 pm AEST **Duration:** 1 hr **Cost:** Free (Limited places) The post-pandemic world has brought a heightened focus on employee wellbeing and psychosocial safety. In Australia, legislative changes have made proactively managing psychosocial risk a legal duty for employers. This makes understanding and supporting the mental health and well-being of employees a critical component of governance and leadership. In this webinar, Jeff Knibb, Director of Client Insights at NeuroLeadership Institute, and Shirli Kirschner, Co-Founder of speak-up software, Elker, will unpack the essential aspects of managing psychosocial risks, including: - Why psychosocial safety matters more than ever - The habits and leadership strategies to mitigate psychosocial risk - Actionable steps and tools for organisations to manage well-being Together they will provide guidance on leading for organisational transformation to create a culture of psychological safety ## Registrations closed Please [contact us](/nz/contact) if you would like a recording of the webinar. [See upcoming webinars](/nz/webinars) ## Presenters - ![Shirli Kirschner - Co-founder & COA, Elker](https://media.elker.com/e1d339ea-86bb-43a3-9068-4e2badb3a3c3/undefined) ### Shirli Kirschner #### Co-founder & COA, Elker 30+ years of legal and dispute system design. Leader in speak-up technology transforming workplace culture. - [LinkedIn](https://www.linkedin.com/in/shirli-kirschner/) ## Past webinars [ ![](https://media.elker.com/2bfc62e0-b8c1-4907-9f3e-727837b5d6c8/Sensitive-Data-Webinar-Flyer-Page-1.png?width=992) ](/nz/webinars/dealing-with-sensitive-information) [ ### Handling Sensitive Information May 28, 2026, 1pm AEST ](/nz/webinars/dealing-with-sensitive-information) [ ![Webinar information about finishing the year safely in the workplace](https://media.elker.com/c0ba7d7e-9d72-4b61-81ce-105f1a9a72f0/Finishing-Safe-Webinar-3Dec2025-2000w.png?width=992) ](/nz/webinars/finishing-safe-between-now-and-january-webinar) [ ### Finishing Safe - Everything You Need to Know Between Now and January Dec 3, 2025, 1pm AEDT ](/nz/webinars/finishing-safe-between-now-and-january-webinar) [ ![Webinar Speaking up Slowing Down Addressing Psychosocial Issues at Work Wed 5 Nov 1](https://media.elker.com/0609ed85-0c80-439e-aaa7-0a0e7cecd3bf/Webinar-Speaking-Up-slowing-down-addressing-psychosocial-issues-at-work-wed-5-nov-1.png?width=992) ](/nz/webinars/addressing-psychosocial-issues-at-work-webinar) [ ### Speaking up, slowing down - Addressing psychosocial issues at work Nov 5, 2025, 1pm AEDT ](/nz/webinars/addressing-psychosocial-issues-at-work-webinar) [ ![Webinar: Leading People and Culture in the New World of Work](https://media.elker.com/f25874a6-32c8-48a8-8cc7-ca91bb278d88/webinar-leading-people-culture-new-world-work.jpg?width=992) ](/nz/webinars/new-world-of-work) [ ### Leading People and Culture in the New World of Work Nov 20, 2024, 1 pm AEDT ](/nz/webinars/new-world-of-work) [ ![Webinar: Investing in Employee Well-Being Psychosocial Safety](https://media.elker.com/47aab730-1a83-4d29-b357-e84aed010ba2/investing-in-employee-well-being-psychosocial-safety.png?width=992) ](/nz/webinars/psychosocial-safety-construction-and-mining) [ ### Investing in Employee Well-Being: Psychosocial Safety in Construction and Mining Oct 29, 2024, 1 pm AEDT ](/nz/webinars/psychosocial-safety-construction-and-mining) [ ![Webinar: Navigating the New Aged Care Act](https://media.elker.com/01c395be-acfd-49af-b2ab-e05cd370f088/webinar-navigating-the-new-aged-care-act.jpg?width=992) ](/nz/webinars/new-aged-care-act-speak-up) [ ### The New Aged Care Act - Navigating Speak Up Obligations Oct 28, 2024, 1 pm AEDT ](/nz/webinars/new-aged-care-act-speak-up) [ ![Webinar: Safety culture and transformation in the hospitality industry](https://media.elker.com/0ee4a975-a6a5-49a7-b9ad-15f571efcece/safety_culture_transformation_hospitality.png?width=992) ](/nz/webinars/safety-culture-and-transformation-hospitality) [ ### Safety Culture and Transformation in the Hospitality Industry Oct 23, 2024, 3 pm AEDT ](/nz/webinars/safety-culture-and-transformation-hospitality) [ ![Webinar: Whistleblowing and speak up in aged care](https://media.elker.com/d46ace35-1807-4859-991b-e8ddba990e4f/whistleblowing_speak_up_aged_care.png?width=992) ](/nz/webinars/webinar-whistleblowing-speak-up-aged-care) [ ### Whistleblowing & Speak-Up in Aged Care: Building Safer Foundations for Our Ageing Population Oct 1, 2024, 3 pm AEST ](/nz/webinars/webinar-whistleblowing-speak-up-aged-care) [ ![Webinar: Creating safer local governments - Tools for psychosocial health and public interest disclosures](https://media.elker.com/e83e81d8-8f25-4a52-8fff-ee20c10bef15/webinar-safer-local-governments.png?width=992) ](/nz/webinars/webinar-safer-local-governments) [ ### Creating Safer Local Governments: Tools for Psychosocial Health Sep 18, 2024, 3 pm AEST ](/nz/webinars/webinar-safer-local-governments) [ ![Webinar: Navigating the positive duty in the Sex Discrimination Act with Elker](https://media.elker.com/9ba92aad-4444-40f4-8078-78cee6028c3e/webinar-positive-duty-elker.png?width=992) ](/nz/webinars/2024-sept-respect-at-work-webinar) [ ### Respect At Work Webinar: Navigating the Positive Duty With Elker Sep 4, 2024, 3 pm AEST ](/nz/webinars/2024-sept-respect-at-work-webinar) [ ![Webinar: Live demonstration of the Elker platform](https://media.elker.com/2a3e2bcf-eb63-4944-a6ce-730b80524858/webinar-elker-live-demo.png?width=992) ](/nz/webinars/2024-august-live-demonstration-of-the-elker-platform) [ ### Live Demonstration of the Elker Platform Aug 14, 2024, 3 pm AEST ](/nz/webinars/2024-august-live-demonstration-of-the-elker-platform) Interested to find out more? See how Elker can help with compliance and build a culture of accountability and trust in your organisation. [Book a demo](/nz/book-demo) [Get a quote →](/nz/pricing) --- url: https://elker.com/nz/webinars/psychosocial-safety-construction-and-mining title: "Investing in Psychosocial Safety in Construction and Mining" description: "Explore practical strategies for managing psychosocial risks in construction and mining. Learn to foster a speak-up culture and drive positive change." locale: en-NZ generated: 2026-07-01T14:05:46.226Z --- Oct 29, 2024, 1 pm AEDT # Investing in Employee Well-Being: Psychosocial Safety in Construction and Mining Explore practical strategies for managing psychosocial risks in construction and mining. Learn how to foster a speak-up culture, improve worker well-being, and drive positive change. ![Webinar: Investing in Employee Well-Being Psychosocial Safety](https://media.elker.com/47aab730-1a83-4d29-b357-e84aed010ba2/investing-in-employee-well-being-psychosocial-safety.png?width=992) **Date:** Oct 29, 2024 **Time:** 1 pm AEDT **Duration:** 45 min **Cost:** Free (Limited places) The construction and mining industries increasingly recognise the importance of addressing psychosocial health and safety alongside physical safety hazards. With the recent inclusion of psychosocial hazards in the Fair Work Act, businesses in these sectors must give equal importance to mental health risks. This webinar explores the practical steps companies can take to assess and manage psychosocial risks. Attendees will learn: - The significance of psychosocial safety in construction and mining, and its impact on worker well-being and business outcomes - Conducting effective risk assessments to identify and address psychosocial hazards - Strategies for encouraging open communication and empowering workers to speak up about mental health concerns - The benefits of using speak-up platforms for early intervention, targeted action, and continuous improvement Drawing on Elker's experience in setting up speak-up systems for leading energy and construction clients across Australia, the webinar will provide real-world insights and best practices for driving cultural change. Register now to secure your spot! ## Registrations closed Please [contact us](/nz/contact) if you would like a recording of the webinar. [See upcoming webinars](/nz/webinars) ## Presenters - ![Jack Murray - Co-founder & CIO, Elker](https://media.elker.com/c7780bea-3f36-4577-a647-6747cfc79cfa/undefined) ### Jack Murray #### Co-founder & CIO, Elker As the CIO of Elker, Jack Murray develops tech-driven strategies to improve workplace culture and safety. He specialises in creating solutions that promote organisational transparency and employee well-being. - [LinkedIn](https://www.linkedin.com/in/jacklmurray/) ## Past webinars [ ![](https://media.elker.com/2bfc62e0-b8c1-4907-9f3e-727837b5d6c8/Sensitive-Data-Webinar-Flyer-Page-1.png?width=992) ](/nz/webinars/dealing-with-sensitive-information) [ ### Handling Sensitive Information May 28, 2026, 1pm AEST ](/nz/webinars/dealing-with-sensitive-information) [ ![Webinar information about finishing the year safely in the workplace](https://media.elker.com/c0ba7d7e-9d72-4b61-81ce-105f1a9a72f0/Finishing-Safe-Webinar-3Dec2025-2000w.png?width=992) ](/nz/webinars/finishing-safe-between-now-and-january-webinar) [ ### Finishing Safe - Everything You Need to Know Between Now and January Dec 3, 2025, 1pm AEDT ](/nz/webinars/finishing-safe-between-now-and-january-webinar) [ ![Webinar Speaking up Slowing Down Addressing Psychosocial Issues at Work Wed 5 Nov 1](https://media.elker.com/0609ed85-0c80-439e-aaa7-0a0e7cecd3bf/Webinar-Speaking-Up-slowing-down-addressing-psychosocial-issues-at-work-wed-5-nov-1.png?width=992) ](/nz/webinars/addressing-psychosocial-issues-at-work-webinar) [ ### Speaking up, slowing down - Addressing psychosocial issues at work Nov 5, 2025, 1pm AEDT ](/nz/webinars/addressing-psychosocial-issues-at-work-webinar) [ ![Webinar: Leading People and Culture in the New World of Work](https://media.elker.com/f25874a6-32c8-48a8-8cc7-ca91bb278d88/webinar-leading-people-culture-new-world-work.jpg?width=992) ](/nz/webinars/new-world-of-work) [ ### Leading People and Culture in the New World of Work Nov 20, 2024, 1 pm AEDT ](/nz/webinars/new-world-of-work) [ ![Webinar: Navigating the New Aged Care Act](https://media.elker.com/01c395be-acfd-49af-b2ab-e05cd370f088/webinar-navigating-the-new-aged-care-act.jpg?width=992) ](/nz/webinars/new-aged-care-act-speak-up) [ ### The New Aged Care Act - Navigating Speak Up Obligations Oct 28, 2024, 1 pm AEDT ](/nz/webinars/new-aged-care-act-speak-up) [ ![Webinar: Safety culture and transformation in the hospitality industry](https://media.elker.com/0ee4a975-a6a5-49a7-b9ad-15f571efcece/safety_culture_transformation_hospitality.png?width=992) ](/nz/webinars/safety-culture-and-transformation-hospitality) [ ### Safety Culture and Transformation in the Hospitality Industry Oct 23, 2024, 3 pm AEDT ](/nz/webinars/safety-culture-and-transformation-hospitality) [ ![Webinar: Whistleblowing and speak up in aged care](https://media.elker.com/d46ace35-1807-4859-991b-e8ddba990e4f/whistleblowing_speak_up_aged_care.png?width=992) ](/nz/webinars/webinar-whistleblowing-speak-up-aged-care) [ ### Whistleblowing & Speak-Up in Aged Care: Building Safer Foundations for Our Ageing Population Oct 1, 2024, 3 pm AEST ](/nz/webinars/webinar-whistleblowing-speak-up-aged-care) [ ![Webinar: Creating safer local governments - Tools for psychosocial health and public interest disclosures](https://media.elker.com/e83e81d8-8f25-4a52-8fff-ee20c10bef15/webinar-safer-local-governments.png?width=992) ](/nz/webinars/webinar-safer-local-governments) [ ### Creating Safer Local Governments: Tools for Psychosocial Health Sep 18, 2024, 3 pm AEST ](/nz/webinars/webinar-safer-local-governments) [ ![Elker x Neuroleadership Webinar, September 5 2024](https://media.elker.com/b4f08180-d19d-42f3-a2e7-43417e87c4c4/elker-neuroleadership-webinar-2024-sept.png?width=992) ](/nz/webinars/psychosocial-risks-leadership-and-tools) [ ### Psychosocial Risks: Leadership and Tools Sep 5, 2024, 1 pm AEST ](/nz/webinars/psychosocial-risks-leadership-and-tools) [ ![Webinar: Navigating the positive duty in the Sex Discrimination Act with Elker](https://media.elker.com/9ba92aad-4444-40f4-8078-78cee6028c3e/webinar-positive-duty-elker.png?width=992) ](/nz/webinars/2024-sept-respect-at-work-webinar) [ ### Respect At Work Webinar: Navigating the Positive Duty With Elker Sep 4, 2024, 3 pm AEST ](/nz/webinars/2024-sept-respect-at-work-webinar) [ ![Webinar: Live demonstration of the Elker platform](https://media.elker.com/2a3e2bcf-eb63-4944-a6ce-730b80524858/webinar-elker-live-demo.png?width=992) ](/nz/webinars/2024-august-live-demonstration-of-the-elker-platform) [ ### Live Demonstration of the Elker Platform Aug 14, 2024, 3 pm AEST ](/nz/webinars/2024-august-live-demonstration-of-the-elker-platform) Interested to find out more? See how Elker can help with compliance and build a culture of accountability and trust in your organisation. [Book a demo](/nz/book-demo) [Get a quote →](/nz/pricing) --- url: https://elker.com/nz/webinars/safety-culture-and-transformation-hospitality title: "Safety Culture & Transformation in the Hospitality Industry" description: "Webinar: Learn practical strategies to foster a speak-up culture and create safe environments in the face of recent industry challenges. Register now!" locale: en-NZ generated: 2026-07-01T14:05:46.286Z --- Oct 23, 2024, 3 pm AEDT # Safety Culture and Transformation in the Hospitality Industry Learn practical strategies to foster a speak-up culture and create safe, respectful environments in the face of recent industry challenges. Register now! ![Webinar: Safety culture and transformation in the hospitality industry](https://media.elker.com/0ee4a975-a6a5-49a7-b9ad-15f571efcece/safety_culture_transformation_hospitality.png?width=992) **Date:** Oct 23, 2024 **Time:** 3 pm AEDT **Duration:** 45 min **Cost:** Free (Limited places) Recent high-profile sexual harassment cases have cast a spotlight on the hospitality industry, prompting key industry leaders to emphasise the need to foster a culture of safety and accountability in the sector. This webinar explores the critical changes impacting hospitality businesses and discusses the importance of adopting a proactive approach to risk assessment and elimination. New requirements, such as the positive duty in the Sex Discrimination Act and the inclusion of psychosocial hazards in the Fair Work Act, have made it critical for businesses to take action. But, beyond compliance, a genuine cultural change is essential for a thriving and respectful workplace. Attendees will learn about: - Recent changes to the law and their impact on the hospitality industry - Conducting risk assessments to identify and address potential hazards - Fostering open communication and encouraging employees to speak up - Using speak-up tools and analytics for deterrence and targeted action The webinar will draw on Elker's extensive experience in transforming workplaces across the hospitality industry, providing attendees with practical strategies and tools to drive positive change and create a culture of respect and safety. Don't miss this opportunity to learn how to transform your leadership approach in the hospitality industry. Register now to secure your spot! ## Registrations closed Please [contact us](/nz/contact) if you would like a recording of the webinar. [See upcoming webinars](/nz/webinars) ## Presenters - ![Jack Murray - Co-founder & CIO, Elker](https://media.elker.com/c7780bea-3f36-4577-a647-6747cfc79cfa/undefined) ### Jack Murray #### Co-founder & CIO, Elker As the CIO of Elker, Jack Murray develops tech-driven strategies to improve workplace culture and safety. He specialises in creating solutions that promote organisational transparency and employee well-being. - [LinkedIn](https://www.linkedin.com/in/jacklmurray/) ## Past webinars [ ![](https://media.elker.com/2bfc62e0-b8c1-4907-9f3e-727837b5d6c8/Sensitive-Data-Webinar-Flyer-Page-1.png?width=992) ](/nz/webinars/dealing-with-sensitive-information) [ ### Handling Sensitive Information May 28, 2026, 1pm AEST ](/nz/webinars/dealing-with-sensitive-information) [ ![Webinar information about finishing the year safely in the workplace](https://media.elker.com/c0ba7d7e-9d72-4b61-81ce-105f1a9a72f0/Finishing-Safe-Webinar-3Dec2025-2000w.png?width=992) ](/nz/webinars/finishing-safe-between-now-and-january-webinar) [ ### Finishing Safe - Everything You Need to Know Between Now and January Dec 3, 2025, 1pm AEDT ](/nz/webinars/finishing-safe-between-now-and-january-webinar) [ ![Webinar Speaking up Slowing Down Addressing Psychosocial Issues at Work Wed 5 Nov 1](https://media.elker.com/0609ed85-0c80-439e-aaa7-0a0e7cecd3bf/Webinar-Speaking-Up-slowing-down-addressing-psychosocial-issues-at-work-wed-5-nov-1.png?width=992) ](/nz/webinars/addressing-psychosocial-issues-at-work-webinar) [ ### Speaking up, slowing down - Addressing psychosocial issues at work Nov 5, 2025, 1pm AEDT ](/nz/webinars/addressing-psychosocial-issues-at-work-webinar) [ ![Webinar: Leading People and Culture in the New World of Work](https://media.elker.com/f25874a6-32c8-48a8-8cc7-ca91bb278d88/webinar-leading-people-culture-new-world-work.jpg?width=992) ](/nz/webinars/new-world-of-work) [ ### Leading People and Culture in the New World of Work Nov 20, 2024, 1 pm AEDT ](/nz/webinars/new-world-of-work) [ ![Webinar: Investing in Employee Well-Being Psychosocial Safety](https://media.elker.com/47aab730-1a83-4d29-b357-e84aed010ba2/investing-in-employee-well-being-psychosocial-safety.png?width=992) ](/nz/webinars/psychosocial-safety-construction-and-mining) [ ### Investing in Employee Well-Being: Psychosocial Safety in Construction and Mining Oct 29, 2024, 1 pm AEDT ](/nz/webinars/psychosocial-safety-construction-and-mining) [ ![Webinar: Navigating the New Aged Care Act](https://media.elker.com/01c395be-acfd-49af-b2ab-e05cd370f088/webinar-navigating-the-new-aged-care-act.jpg?width=992) ](/nz/webinars/new-aged-care-act-speak-up) [ ### The New Aged Care Act - Navigating Speak Up Obligations Oct 28, 2024, 1 pm AEDT ](/nz/webinars/new-aged-care-act-speak-up) [ ![Webinar: Whistleblowing and speak up in aged care](https://media.elker.com/d46ace35-1807-4859-991b-e8ddba990e4f/whistleblowing_speak_up_aged_care.png?width=992) ](/nz/webinars/webinar-whistleblowing-speak-up-aged-care) [ ### Whistleblowing & Speak-Up in Aged Care: Building Safer Foundations for Our Ageing Population Oct 1, 2024, 3 pm AEST ](/nz/webinars/webinar-whistleblowing-speak-up-aged-care) [ ![Webinar: Creating safer local governments - Tools for psychosocial health and public interest disclosures](https://media.elker.com/e83e81d8-8f25-4a52-8fff-ee20c10bef15/webinar-safer-local-governments.png?width=992) ](/nz/webinars/webinar-safer-local-governments) [ ### Creating Safer Local Governments: Tools for Psychosocial Health Sep 18, 2024, 3 pm AEST ](/nz/webinars/webinar-safer-local-governments) [ ![Elker x Neuroleadership Webinar, September 5 2024](https://media.elker.com/b4f08180-d19d-42f3-a2e7-43417e87c4c4/elker-neuroleadership-webinar-2024-sept.png?width=992) ](/nz/webinars/psychosocial-risks-leadership-and-tools) [ ### Psychosocial Risks: Leadership and Tools Sep 5, 2024, 1 pm AEST ](/nz/webinars/psychosocial-risks-leadership-and-tools) [ ![Webinar: Navigating the positive duty in the Sex Discrimination Act with Elker](https://media.elker.com/9ba92aad-4444-40f4-8078-78cee6028c3e/webinar-positive-duty-elker.png?width=992) ](/nz/webinars/2024-sept-respect-at-work-webinar) [ ### Respect At Work Webinar: Navigating the Positive Duty With Elker Sep 4, 2024, 3 pm AEST ](/nz/webinars/2024-sept-respect-at-work-webinar) [ ![Webinar: Live demonstration of the Elker platform](https://media.elker.com/2a3e2bcf-eb63-4944-a6ce-730b80524858/webinar-elker-live-demo.png?width=992) ](/nz/webinars/2024-august-live-demonstration-of-the-elker-platform) [ ### Live Demonstration of the Elker Platform Aug 14, 2024, 3 pm AEST ](/nz/webinars/2024-august-live-demonstration-of-the-elker-platform) Interested to find out more? See how Elker can help with compliance and build a culture of accountability and trust in your organisation. [Book a demo](/nz/book-demo) [Get a quote →](/nz/pricing) --- url: https://elker.com/policies/anti-modern-slavery title: "Modern Slavery Policy | Elker" description: "Elker's anti-modern-slavery policy. The controls we operate to identify, prevent, and remediate modern slavery risk in our business and supply chains." locale: en-AU generated: 2026-07-01T14:05:46.325Z --- # Anti-Modern Slavery Policy Statement ## Introduction Modern slavery encompasses a range of exploitative practices, including slavery, human trafficking, servitude, forced labour, and debt bondage. Elker acknowledges that businesses play a vital role in combating modern slavery and accepts this as a key corporate responsibility. We recognise the complexity of modern slavery and are committed to collective action, commitment, and accountability to eradicate it. This policy is part of our strategy to work with stakeholders and suppliers to achieve the shared goal of eliminating modern slavery. ## Our commitment Elker is dedicated to implementing controls to help eradicate modern slavery within our business by managing risks and raising awareness of this issue within our operations and supply chains. ## 1\. Policy application This policy applies to anyone working for, on behalf of, or doing business with Elker, including all suppliers, employees, officers, contractors, sub-contractors, and consultants. We expect all parties with a business relationship with us to familiarise themselves with this policy and act consistently with its values. Elker also requires all suppliers to take verifiable steps to comply with this policy. This policy should be read in conjunction with Elker's [Whistleblowing Policy](/policies/whistleblowing), which supports ethical practices and provides avenues for reporting concerns. ### Expectations of our business partners Elker expects all service providers, suppliers, and contractors to share our commitment to lawful and ethical conduct, ensuring that modern slavery is not present within their organisations or supply chains. ## 2\. Key definitions ### Modern slavery Modern slavery includes situations where coercion, threats, or deception are used to exploit individuals and undermine their freedom. These practices, whether explicit or implicit, are defined in the Modern Slavery Act 2018 (Cth) (‘Act’) and encompass: - trafficking in persons - slavery - servitude - forced labour - forced marriage - debt bondage - deceptive recruiting for labour or services The worst forms of child labour refer to extreme exploitation of children, including enslavement or exposure to hazardous work. ## 3\. Important commitments **Staff and contractor engagement:** All staff and contractor engagements must be approved by the Head of People and Culture, including an assessment of modern slavery risks. **Workplace standards:** Elker strives to ensure that no staff members are subjected to modern slavery practices. We comply with Australian workplace laws, which cover employment conditions, safety, and ethical standards, and foster an inclusive, respectful, and discrimination-free work environment. ## 4\. Supply chain expectations Elker understands that global supply chains can increase modern slavery risks, particularly where recruitment practices are less visible. To help mitigate this risk, we require our suppliers to: - avoid using any form of forced, bonded, or indentured labour; - comply with the minimum legal working age in the country of operation, or, where absent, the standards set by the International Labour Organization (ILO) Convention 138; - adhere to local laws regarding wages and legally mandated benefits; - respect working hours as regulated by local law; - treat workers with dignity and respect, ensuring a workplace free from discrimination, harassment, and offensive or hostile behaviours; and - provide a safe, hygienic working environment that mitigates health risks, taking industry-specific hazards into account. ### Elker’s supply chain measures All supplier contracts include clauses addressing modern slavery risks. A reporting portal on our website linked to whistleblowing allows for anonymous or named submissions of any concerns regarding modern slavery. ## 5\. Consequences of policy breach If any individual or entity to whom this policy applies fails to comply with its terms, Elker will take appropriate action, which may include disciplinary measures (for employees) or termination of contracts (for contractors or suppliers). In cases where modern slavery is suspected or identified within a supplier’s operations, Elker may: - take further steps to verify if modern slavery is occurring; - consult industry experts or relevant authorities; - collaborate with local and international organisations; - involve law enforcement if needed; and - address structural factors contributing to modern slavery or, if necessary, terminate relationships with non-compliant entities. ## 6\. Reporting modern slavery concerns Elker encourages all employees and stakeholders to report concerns about modern slavery in our organisation or supply chain. The platform is managed by Resolve Advisors, with external contacts who are independent of Elker. The platform can be [accessed here](https://resolveadvisors.elker.com/select-flow/BRpSqO). Elker allows you to:  ### Report anonymously or with a name Once you start your report, you can upload files, save it as a draft to complete later and submit it whenever you are ready. ### Chat safely Once your report is submitted, you can chat with your chosen contact, whether anonymously or named. The respondent will provide support and advice on the platform. If you report anonymously, please save your secure access key, as this will allow you to follow up and provide any additional information needed to resolve your concern. Even if your matter doesn't qualify as whistleblowing, our contacts will guide you to an appropriate pathway. ## 7\. Jurisdiction and legal compliance Under Australian law, modern slavery is defined by the Modern Slavery Act 2018 (Cth) (‘Act’). In cases of any inconsistency, the definitions in the Act will take precedence over this policy. **Date reviewed:** August 2024 **Policy Owner:** Shirli Kirschner - Director **Policy review:** Annually --- url: https://elker.com/policies/cookies title: "Cookie Policy | Elker" description: "This website elker.com uses cookies to help us provide our users with a good experience when they browse our website and also allows us to improve our site." locale: en-AU generated: 2026-07-01T14:05:46.360Z --- # Cookie Policy This website elker.com uses cookies to help us provide our users with a good experience when they browse our website and also allows us to improve our site. ## What is a cookie? A cookie is a small file of letters and numbers that we store on the user's browser or their computer’s hard drive if they agree. Cookies contain information transferred to the user's computer hard drive. ## Types of cookies and how we use them We regularly perform cookie scans on our website and keep our cookie list up to date. We classify cookies into four categories: ### **Necessary cookies** These cookies are necessary for the operation of our website. They include, for example, cookies that enable website visitors to log in to secure areas of our website, use a shopping cart, or make use of e-billing services. - **\_\_cf\_bm** Expiration: 1-hour Description: Cloudflare places the cookie on end-user devices that access customer sites protected by Bot Management or Bot Fight Mode. - **illow-consent** Expiration: Session Description: This cookie is used to keep track of a given consent in the platform - **user-store** Expiration: Session Description: Stores the user settings for the proper functioning of the website. - **options-store** Expiration: Session Description: Stores the user settings for the proper functioning of the website. - **quiz-store** Expiration: Session Description: Stores the user settings for the functioning of the quotation form. - **rc::a** Expiration: Session Description: Used to track and analyse user behaviour to distinguish humans from bots or automated software. - **\_calendly\_session** Expiration: Session Description: Essential for Calendly to book a demo. - **referrer\_user\_id** Expiration: Session Description: referrer\_user\_id - **\_GRECAPTCHA** Expiration: Session Description: Used to provide spam protection. ### Analytical/performance cookies They allow us to recognise and count the number of visitors and to see how visitors move around our website when they are using it. This helps us improve the way our website works, for example, by ensuring that users easily find what they are looking for. - **iconify-count** Expiration: Session - **iconify-version** Expiration: Session - **\_ga** Expiration: Session Description: Google Analytics browser statistics for Calendly booking form. - **\_\_cfruid** Expiration: Session Description: Used by the content network, Cloudflare, to identify trusted web traffic. - **YSC** Expiration: Session Description: YouTube is a Google-owned platform for hosting and sharing videos. YouTube collects user data through videos embedded in websites, which is aggregated with profile data from other Google services to display targeted advertising to web visitors across a broad range of their own and other websites. Used by Google in combination with SID to verify a Google user account and the most recent login time. - **VISITOR\_INFO1\_LIVE** Expiration: Session Description: YouTube is a Google-owned platform for hosting and sharing videos. YouTube collects user data through videos embedded in websites, which is aggregated with profile data from other Google services to display targeted advertising to web visitors across a broad range of their own and other websites. Used by Google in combination with SID to verify Google user account and the most recent login time. - **h** Expiration: Session Description: Used to segment the website's users according to factors such as demographics and geographical location, to enable media and marketing agencies to structure and understand their target groups to enable customised online advertising. - **ga\_#** Expiration: Session Description: Used to distinguish individual users by means of designation of a randomly generated number as client identifier, which allows calculation of visits and sessions - **MUID** Expiration: Session Description - Sets a unique user ID for tracking user activity on the site. Persistent cookie that is saved for 3 years - **lo-uid** Expiration: Session Description: This period shows the length of the period during which a service can store and/or read certain data from your computer by using a cookie, a pixel, an API, cookieless tracking, or other resources. - **lo-visits** Expiration: Session Description: This period shows the length of the period during which a service can store and/or read certain data from your computer by using a cookie, a pixel, an API, cookieless tracking, or other resources. ### Preferences cookies These are used to recognise users when they return to our website. This enables us to personalise our content for them and remember their preferences (for example, their choice of language or region). ### Marketing cookies These cookies record users' visits to our website, the pages they have visited and the links they have followed. We will use this information to make our website and the advertising displayed on it more relevant to our website visitors' interests. - **\_gcl\_au** Expiration: 90 days Description: Used by Google AdSense for experimenting with advertisement efficiency across websites using their services. - **\_uetsid** Expiration: Session Description: Collects data on visitor behaviour from multiple websites, to present more relevant advertisements. This also allows the website to limit the number of times it shows the same advertisement. - **\_uetvid** Expiration: Session Description: Used to track visitors on multiple websites, and to present relevant advertisements based on the visitor's preferences. - **\_uetsid\_exp** Expiration: Session Description: Contains the expiry date for the cookie with the corresponding name. - **Priority** Expiration: Session Description: Measures conversion of Bing ads. - **test\_cookie** Expiration: Session Description: Test cookie used by Google DoubleClick to check that cookies can be set. Depending on the user’s location, they can opt out of each cookie category (except necessary cookies) by clicking on the “set custom permission” in the cookie banner of our website. --- url: https://elker.com/policies/privacy title: "Privacy Policy | Elker" description: "Your privacy is important to us. It is Elker’s policy to respect your privacy regarding any information we may collect from you on this website." locale: en-AU generated: 2026-07-01T14:05:46.421Z --- # Privacy Policy Your privacy is important to us. It is Elker’s policy to respect your privacy regarding any information we may collect from you on this website. This Privacy Policy explains how Elker Pty Ltd ABN 92 650 350 351 (“**Elker”**, “**we”**, “**us”** or “**our”**) collects and uses Personal Information through the Elker Website and the Elker Platform, and how it complies with applicable Privacy Laws. If you have any questions or concerns about this Privacy Policy or our practices in handling Personal Information, please contact our Privacy Officer, Shirli Kirschner, at [privacy@elker.com](mailto:privacy@elker.com). For our protocol on updates, see the **Updates to This Privacy Policy** section below. ## Relevant Definitions - **Authorised Client User:** An individual authorised by a Client or Partner to use the Elker Platform to receive, manage and respond to reports, communicate with Reporters, review survey responses, review analytics, or manage the Client’s or Partner’s instance of the Elker Platform. - **Client:** An organisation that has implemented an instance of the Elker Platform and makes that instance available to Authorised Client Users and Reporters. - **Cookies:** Small text files stored on your device when you visit a website. - **Elker Platform:** Elker’s secure online reporting and case management solution. - **Elker Website:** Elker’s marketing website, located at [https://elker.com](https://elker.com). - **GDPR**: Regulation (EU) 2016/679 (General Data Protection Regulation) and the UK General Data Protection Regulation. - **Partner:** An organisation or individual approved by Elker to provide certain services to a Client using the Elker Platform. The Partner may also be approved to create instances of the Elker Platform and make those instances available to Clients, Authorised Client Users and Reporters. - **Personal Information:** Information that identifies a person or relates to a person who is reasonably identifiable. - **Privacy Act**: Privacy Act 1988 (C’th of Australia). - **Privacy Laws:** Laws and regulations governing Elker’s collection and handling of Personal Information, including the Privacy Act and any applicable Australian State, Territory, or overseas laws (such as the GDPR), to the extent that such laws and regulations apply to Elker’s collection and handling of Personal Information about a particular individual in or related to use of a Client or Partner instance of the Elker Platform, or other acts or practices of Elker. - **Reporter:** An individual who uses the Elker Platform to submit reports or respond to surveys, anonymously, or with that individual’s name. - **Website User:** An individual who visits or uses the Elker Website. ## Our Privacy Commitment ### Who It Covers This commitment covers individuals using the Elker Website or the Elker Platform, regardless of where those individuals reside or where Clients or Partners are based. ### Our Commitment We are committed to protecting individuals’ privacy by: - ensuring that all Personal Information that we collect is collected by lawful and fair means, and - handling Personal Information in accordance with applicable Privacy Laws and this Privacy Policy. ### How We Do It We implement processes, technical, operational and legal (including contractual) safeguards, and assurance controls to meet the requirements of applicable Privacy Laws. These processes, safeguards and controls address privacy by design and privacy by default, protecting information security and minimising the collection, handling, and disclosure of Personal Information of individuals. We only handle Personal Information to the extent reasonably required in the course of conduct of our business. ## Using the Elker Platform Elker provides the Elker Platform to Clients and Partners. There are four types of platform users: Clients, Partners, Reporters and Authorised Client Users. Elker aims to minimise the amount of Personal Information Elker receives about Reporters. Operation of the Elker Platform does not require a Reporter to provide a name, contact details, or other personal identifiers. Reporters may elect to provide such identifiers. This Privacy Policy covers how Elker handles Personal Information of Reporters and Authorised Client Users we collect through their use of the Elker Platform, including through our interactions with Clients or Partners who authorise use of the Elker Platform. This Privacy Policy does not cover acts or practices of Clients or Partners who authorise use of the Elker Platform. For details on how each Client or Partner who authorises use of the Elker Platform handles Personal Information available to Client or Partner through use of the Elker Platform, Reporters and Authorised Client Users should refer to the relevant Client’s or Partner’s privacy policy and any related privacy collection notices. The Elker Platform provides de-identified report data by aggregating report data so it no longer relates to any individual. Clients or Partners can access this de-identified data through analytics tools and insights dashboards. Elker may also use de-identified data to enhance the platform’s functionality and develop its services. Elker follows guidance from the Office of the Australian Information Commissioner regarding the de-identification and handling of Personal Information. Once we have de-identified Personal Information so it no longer relates to any individual, that information is outside the scope of this Privacy Policy, and the restrictions in this Privacy Policy do not apply to it. ## What Information We Collect Reporters Authorised Client Users Website Users ### Reporters When you use the Elker Platform as a Reporter, the information Elker collects differs if you report anonymously or with a name: #### If you report anonymously: - we do not collect direct personal identifiers (name, phone, email), - we collect the report content you provide, which may include the name and contact details of others, - we generate unique identifiers to enable you to access your report and communicate with your chosen contact on the Elker Platform while remaining anonymous, - we collect necessary technical data for platform security (such as IP addresses and timestamps). #### If you report using your name: - we collect the Personal Information you choose to provide. This may include your name, contact details, and report content, which may include the name and contact details of others. We use Personal Information solely to facilitate communication about your report, - we collect necessary technical data for platform security (such as IP addresses and timestamps). Technical data is stored separately from report data, and we do not correlate these with report data. These are not transferred to any third parties unless required by law. We collect information only through direct submission via the Elker Platform, secure messaging within the Elker Platform, and technical logging for security purposes. We do not use Cookies or tracking technologies on the Elker Platform. ### Authorised Client Users When you use the Elker Platform as an Authorised Client User: - we collect the Personal Information you choose to, or are required to, provide. We use Personal Information solely to facilitate your access to and communication around the Elker Platform, - we collect necessary technical data for platform security (such as IP addresses and timestamps). We collect information only through direct submission via the Elker Platform, secure messaging within the Elker Platform, and technical logging for security purposes. We do not use Cookies or tracking technologies on the Elker Platform. ### Website Users When you visit or use the Elker Website: #### Information you provide directly - **When you request a demo or quote, or contact us via forms on the Elker Website,** we may collect your name, email address, organisation name, information about your organisation's needs, and any other information you choose to provide. - **When you register for or attend a live webinar,** we may collect your name, email address, and organisation name. #### Information collected automatically - When you browse the Elker Website, we may automatically collect information such as your IP address, browser type, operating system, device information, referring URLs, pages viewed, links clicked, and the dates and times of your visits. This information is collected through our servers and the use of Cookies and tracking technologies. - We use your IP address to display country-specific content, for our country selector functionality, and for general security purposes (e.g., firewall). #### Information from third-party sources We may receive information from third-party services integrated with the Elker Website, such as scheduling tools or analytics providers, as detailed in the **Cookies and Tracking Technologies** section below. ## Why We Collect Personal Information Reporters Authorised Client Users Website Users ### Reporters We collect Personal Information of Reporters using the Elker Platform to: - enable secure, confidential reporting, - facilitate two-way communication between Reporters and Authorised Client Users, - support case management and resolution, - meet legal and regulatory requirements, - maintain platform security and integrity, - generate de-identified analytics for Clients or Partners. ### Authorised Client Users We collect Personal Information of Authorised Client Users using the Elker Platform to: - facilitate two-way communication between Reporters and Authorised Client Users, - support case management and resolution, - support analytics, - facilitate management of the Client’s or Partner’s instance of the Elker Platform, - meet legal and regulatory requirements, - maintain platform security and integrity, - generate de-identified analytics for Clients or Partners. ### Website Users We collect Personal Information of Website Users: - **to provide and maintain the Elker Website** — ensuring the Elker Website functions correctly and is secure, - **to respond to your requests** — processing demo requests, quote requests, and answering inquiries submitted through our contact forms, - **to manage webinar registrations** — hosting live webinars, storing registrant contact information, and sending webinar-related updates and resources, - **for Customer Relationship Management (CRM)** — storing and managing sales and contact information obtained through website forms (including name, email, organisation name, organisation needs, UTM data) to facilitate communication and manage our sales pipeline, - **for Elker Website analytics** — tracking Website User interaction and behaviour (e.g., via Google Analytics) to understand how the Elker Website is used, to improve our services, and to enhance user experience, - **for online advertising** — managing our online advertising campaigns (e.g., via Google Ads, Microsoft Ads), tracking conversions from ad campaigns to measure effectiveness, and optimising our advertising spend, - **to manage Elker Website tags** — using tools like Google Tag Manager to manage JavaScript and HTML tags used for tracking and analytics on the Elker Website, - **to facilitate appointment scheduling** — enabling online scheduling for product demos and meetings (e.g., via Calendly), - **for Elker Website hosting and infrastructure** — using services for hosting the Elker Website and ensuring its performance and availability (e.g., Vercel), - **to manage Cookie consent** — storing a record of Website User consent choices for Cookies, including an anonymised IP address and timestamp of consent (e.g., via CookieHub), - **for infrastructure performance monitoring** — monitoring the performance of the Elker Website infrastructure, and for business analytics (e.g., via Sentry), - **to comply with legal obligations** — fulfilling applicable legal and regulatory requirements, - **to protect our rights and interests** — protecting the rights, property, or safety of Elker, Website Users, or others, - **for communication** — sending you information about our services, updates, or marketing communications, where permitted by law and with your consent where required. ## How We Handle Personal Information ### Security Measures We protect the Personal Information of Website Users, Reporters and Authorised Client Users through end-to-end encryption, ISO 27001:2022-certified practices, access controls and authentication, regular security testing, and use of secure AWS hosting. In the case of Reporters and Authorised Client Users, we store all data in locations determined in our contractual agreements with Clients or Partners. ### Retention and Disposal Reporters Authorised Client Users Website Users ### Reporters We retain Personal Information of Reporters and Authorised Client Users only: - as required by law, - in accordance with contractual agreements with Clients or Partners that authorise use of their instance of the Elker Platform, - according to documented retention schedules. We dispose of this Personal Information by secure deletion when no longer required, following industry-standard disposal methods, or by de-identification for analytics purposes. ### Authorised Client Users We retain Personal Information of Reporters and Authorised Client Users only: - as required by law, - in accordance with contractual agreements with Clients or Partners that authorise use of their instance of the Elker Platform, - according to documented retention schedules. We dispose of this Personal Information by secure deletion when no longer required, following industry-standard disposal methods, or by de-identification for analytics purposes. ### Website Users We retain Personal Information of Website Users for the period necessary to fulfil the purposes outlined in this Privacy Policy unless a longer retention period is required or permitted by law. ### Data Quality We maintain data quality by verifying data accuracy during collection and implementing validation and integrity controls to ensure that data meets predefined standards and rules and is protected against accidental or malicious modification. ### Third-Party Disclosure Reporters Authorised Client Users Website Users ### Reporters We may disclose Personal Information of Reporters to: - Authorised Client Users (with your consent), - law enforcement (when legally required), - courts (under valid orders), - regulatory bodies (as required by law). ### Authorised Client Users We may disclose Personal Information of Authorised Client Users to: - the Client or Partner you are engaged by (including other Authorised Client Users engaged by that Client or Partner), - law enforcement (when legally required), - courts (under valid orders), - regulatory bodies (as required by law). ### Website Users We may disclose Personal Information of Website Users: - to law enforcement (when legally required), - to courts (under valid orders), - to regulatory bodies (as required by law), - to our holding company or any of our subsidiaries, - to our business partners, suppliers and subcontractors for the performance of any contract we enter into or other dealings we have in the normal course of business with you or the person that you work for, - to our legal advisors and other professional advisors or service providers, - in the event that we sell or buy any business or assets, to the prospective seller or buyer of such business or assets, subject to the terms of this Privacy Policy. ### International Data Transfers Personal Information collected through the Elker Website may be transferred to and processed in countries outside your country of residence. These countries may have different data protection laws. The Elker Website servers and third-party service providers (sub-processors) operate globally, including in Australia, the United States, and countries within the European Economic Area (EEA). When we transfer Personal Information internationally, we implement appropriate safeguards to ensure it remains protected in line with this Privacy Policy and applicable data protection laws. For users in the EEA, this may include the use of Standard Contractual Clauses (SCCs), reliance on adequacy decisions by the European Commission, or other lawful transfer mechanisms. ### Breach Response Our reasonable steps to protect information security include regular testing of our systems and development of a data breach response plan. In case of a data breach, we will implement our data breach response plan. We will assess the severity and impact of that breach. Where Personal Information may have been compromised, we will implement processes for minimising damage. Where notification is required, we will notify regulators and the relevant Client or Partner that authorises a Reporter’s or an Authorised Client User’s use of the Elker Platform. ### Compliance and Monitoring We conduct regular privacy audits, security assessments, policy reviews, and staff training programs for compliance with relevant Privacy Laws. ## Your Rights ### Choices and Control Reporters Authorised Client Users Website Users ### Reporters As a Reporter using the Elker Platform, you have control over: - whether to report anonymously or provide identifying information, - what Personal Information you include in your report, - whether to continue communicating with case managers. By using the Elker Platform as a Reporter or an Authorised Client User, you consent to us collecting and handling your Personal Information as described in this Privacy Policy and the privacy collection notice provided by us, secure storage by us of Personal Information that you provide, and retention according to legal requirements. To understand how the Client or Partner who authorises your use of the Elker Platform handles the Personal Information they collect or hold, including through use of the Elker Platform, please refer to the Client’s or Partner’s privacy policy and any related privacy collection notice. ### Authorised Client Users As a Reporter using the Elker Platform, you have control over: - whether to report anonymously or provide identifying information, - what Personal Information you include in your report, - whether to continue communicating with case managers. By using the Elker Platform as a Reporter or an Authorised Client User, you consent to us collecting and handling your Personal Information as described in this Privacy Policy and the privacy collection notice provided by us, secure storage by us of Personal Information that you provide, and retention according to legal requirements. To understand how the Client or Partner who authorises your use of the Elker Platform handles the Personal Information they collect or hold, including through use of the Elker Platform, please refer to the Client’s or Partner’s privacy policy and any related privacy collection notice. ### Website Users As a Website User, you: - may choose what Personal Information you provide to us. Depending on the Personal Information you choose to withhold, this may prevent some Elker Website features and services from working correctly. It may also prevent us from communicating with you, - can opt out of non-essential Cookies and tracking technology. This may prevent some Elker Website features and services from working correctly.  - consent to us collecting and handling your Personal Information as described in this Privacy Policy, secure storage by us of Personal Information that you provide, and retention according to legal requirements. ### Access Rights and Consent Withdrawal Reporters Authorised Client Users Website Users ### Reporters Elker, as the data processor, collects and processes Personal Information only as directed by a Client or Partner. The Client or Partner, as the data controller, determines the lawful basis for collecting and handling your Personal Information. For rights to access, correct, or delete your Personal Information, as well as withdrawing consent, we recommend that you first contact the Client or Partner that authorises your use of the Elker Platform. If you are unable to resolve your request with them or have concerns about how we handle Personal Information on behalf of a Client or Partner,  you can contact our Privacy Officer. Elker may need to verify your identity before responding. ### Authorised Client Users Elker, as the data processor, collects and processes Personal Information only as directed by a Client or Partner. The Client or Partner, as the data controller, determines the lawful basis for collecting and handling your Personal Information. For rights to access, correct, or delete your Personal Information, as well as withdrawing consent, we recommend that you first contact the Client or Partner that authorises your use of the Elker Platform. If you are unable to resolve your request with them or have concerns about how we handle Personal Information on behalf of a Client or Partner,  you can contact our Privacy Officer. Elker may need to verify your identity before responding. ### Website Users As a Website User, you have the right to: - request access to the Personal Information we hold about you, - request correction or deletion of that information, and - withdraw your consent for us to handle your Personal Information in line with this Privacy Policy. To exercise these rights, contact our Privacy Officer. We may need to verify your identity before responding to your request. Access is generally provided free of charge. However, we may charge a reasonable fee if your request requires a significant amount of effort. If access is refused, we will explain the reasons and identify any relevant exceptions under the Australian Privacy Principles, unless it is unreasonable to do so. We take reasonable steps to ensure that your Personal Information is accurate, complete, and up to date. If you believe the information we hold is incorrect, incomplete, irrelevant or outdated, please contact us. We will take appropriate steps to correct it or discuss alternative actions with you. ### Complaints and External Review For complaints about Elker’s handling of your Personal Information, you can contact our Privacy Officer.  We will acknowledge complaints within five business days, thoroughly investigate them, provide written responses within thirty days, and document the resolutions. If you are unsatisfied with our response, you can contact the Office of the Australian Information Commissioner: - Phone: 1300 363 992 - Email: [enquiries@oaic.gov.au](mailto:enquiries@oaic.gov.au) ## Cookies and Tracking Technologies The Elker Website uses Cookies and tracking technologies (like web beacons or pixels) to collect and use Personal Information about you, including to analyse trends, administer the Elker Website, track Website User behaviour on the Elker Website, and to gather demographic information about our user base as a whole. We use both session Cookies (which expire once you close your web browser) and persistent Cookies (which stay on your device for a set period or until you delete them). You can control and manage Cookies in various ways: - **cookie consent banner** — when you first visit the Elker Website, you will be presented with a cookie banner from our cookie consent manager allowing you to provide or withdraw consent for different categories of Cookies, - **browser settings** — most web browsers allow you to control Cookies through their settings preferences. However, if you limit the ability of websites to set Cookies, you may worsen your overall user experience. It may also stop you from using some features of the Elker Website. For more detailed information on the Cookies we use, their purpose, and how to manage them, please refer to our [Cookie Policy](https://elker.com/policies/cookies). We do not use Cookies or tracking technologies on the Elker Platform. ## Data Sharing and Disclosure (Sub-processors) We do not sell Personal Information of Website Users. We may share Personal Information of Website Users with third parties only in accordance with this Privacy Policy. We engage third-party companies and individuals to perform services on our behalf (e.g., Elker Website hosting, analytics, advertising, CRM, communication tools, meeting scheduling, consent management). These third parties act as data processors and are authorised to use Personal Information of Website Users only as necessary to provide these services to us and are obligated to protect that Personal Information. We have Data Processing Agreements (DPAs) in place with these providers where required by applicable law. Our key sub-processors for the Elker Website include the third parties listed in the table at the end of this Privacy Policy. ## Links to Other Websites The Elker Website may contain links to other websites that we do not operate. If you click on a third-party link, you will be directed to that third party's site. We strongly advise you to review the privacy policy of every site you visit. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party sites or services. ## Updates to This Privacy Policy We will review this Privacy Policy at least annually and may update it to reflect regulatory changes, improve clarity, or enhance protections as needed. The updated policy will be available on the Elker Website and, be effective upon posting. ## Contact Information - **Privacy Officer:** Shirli Kirschner - **Email:** [privacy@elker.com](mailto:privacy@elker.com) - **Mail:** Elker Pty Ltd, PO Box 15, Paddington NSW 2021, Australia ## Date of This Privacy Policy This Privacy Policy was last updated on 3 July 2025. --- url: https://elker.com/policies/terms title: "Terms of Use | Elker" description: "By accessing the website, you are agreeing to be bound by these terms of service and all applicable laws." locale: en-AU generated: 2026-07-01T14:05:46.453Z --- # Terms of Use Note that these terms of use apply only to the Elker website and they are not applicable to the Elker mobile or web application which is governed by a separate terms of use policy. ## **1\. Terms** By accessing the website at https://elker.com, you agree to be bound by these Terms of Service, as well as all applicable laws and regulations, and acknowledge that you are responsible for complying with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trademark law. ## **2\. Use license** Permission is granted to temporarily download one copy of the materials (information or software) on Elker’s website for personal, non-commercial, transitory viewing only. This is the grant of a license, not a transfer of title, and under this license, you may not: - modify or copy the materials; - use the materials for any commercial purpose or any public display (commercial or non-commercial); - attempt to decompile or reverse engineer any software contained on Elker’s website; - remove any copyright or other proprietary notations from the materials; or - transfer the materials to another person or “mirror” the materials on any other server. This license shall automatically terminate if you violate any of these restrictions, and may be terminated by Elker at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession, whether in electronic or printed format. ## **3\. Disclaimer** The materials on Elker’s website are provided on an ‘as is’ basis. Elker makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Elker does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site. ## **4\. Limitations** In no event shall Elker or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on Elker’s website, even if Elker or an Elker authorised representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties or limitations of liability for consequential or incidental damages, these limitations may not apply to you. ## **5\. Accuracy of materials** The materials appearing on Elker’s website could include technical, typographical, or photographic errors. Elker does not warrant that any of the materials on its website are accurate, complete or current. Elker reserves the right to make changes to the materials contained on its website at any time without notice. However, Elker does not make any commitment to update the materials. ## **6\. Links** Elker has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Elker of the site. Use of any such linked website is at the user’s own risk. ## 7\. Data collection and marketing communications By providing your contact information through our website forms or services, you acknowledge and agree that: - We may collect and store your personal information, including but not limited to your name, email address, phone number, and company details. - We may use this information to contact you regarding our products, services, promotions, and company updates. - We may contact you via email, phone, SMS, or other electronic means for marketing and sales purposes. - When you register for co-hosted events, webinars, or joint promotional activities, your registration information may be shared with our event partners and sponsors. - You can opt out of marketing communications at any time by contacting us or using the unsubscribe function in our emails. - We will handle your personal information in accordance with applicable privacy laws. ## **8\. Modifications** Elker reserves the right to revise these Terms of Service for its website at any time without notice. By using this website, you are agreeing to be bound by the then-current version of these terms of service. ## **9\. Governing law** These terms and conditions are governed by and construed under the laws of Australia, and you irrevocably submit to the exclusive jurisdiction of the courts in that State or location. ## **10\. Content disclaimer** Elker publishes articles, glossary entries, and other editorial content on workplace integrity, whistleblowing law, psychosocial safety, and related topics. This content is general information only and is not legal advice. Each editorial piece is reviewed by a named individual whose details appear in the byline. The named reviewer’s role is to confirm the piece is consistent with Elker’s editorial standards. Their attribution as a reviewer does not create a legal practitioner-client relationship between you and the reviewer, or between you and Elker. Laws change, and individual circumstances differ. For advice on your specific circumstances, you should consult a qualified legal practitioner. The Book a demo and Contact forms on this site are for commercial enquiries about the Elker platform. They are not a channel for obtaining legal advice about your specific situation; please engage independent counsel for that. --- url: https://elker.com/policies/whistleblowing title: "Whistleblowing Policy | Elker" description: "Elker's whistleblowing policy. How we encourage people to speak up safely about wrongdoing, the channels available, and the protections for disclosers." locale: en-AU generated: 2026-07-01T14:05:46.486Z --- # Whistleblowing Policy ## 1\. Purpose of the policy This policy is designed to encourage those who are aware of wrongdoing to speak up safely. These individuals may be entitled to the protections afforded to whistleblowers under the law. Whistleblowers are individuals who report instances of danger, malpractice, bribery, corruption, or other illegal or systemic misconduct. They are protected from being victimised as a result of their disclosures. ### Note from the founders At Elker, we are committed to cultivating a values-based business that operates with integrity and ethics. We also aim to be an inclusive organisation where every voice is heard and valued. We encourage open dialogue and actively support it, believing that listening contributes to a safer, more effective, and positive environment for everyone. If you suspect any serious wrongdoing or legislative breaches, you can file a whistleblowing report following the steps in this policy. We have established a secure mechanism through which concerns may be raised either anonymously or with a name. Reports can be made to our authorised whistleblowing representatives at Resolve Advisors or directly to our founder, Shirli Kirschner. Please ensure you read this policy in full before proceeding. We look forward to hearing from you. Shirli Kirschner and Jack Murray ## 2\. Who does this policy apply to? This policy applies to individuals who may be eligible for whistleblowing protections, including: - current and former board directors - officers - staff members - volunteers - contractors and suppliers - their associates - their family members ## 3\. What can be disclosed (protected disclosures)? A person making a disclosure must have reasonable grounds to report information they believe reveals: - illegal conduct, such as theft or violence - fraud or misappropriation of funds - financial irregularities - risk to public safety - modern slavery within our supply chain - risk to the company's financial stability - systemic misconduct affecting company culture, such as widespread bullying or harassment This policy does not cover work-related grievances, which include: - interpersonal conflicts between employees - transfer or promotion decisions - terms and conditions of employment - decisions about hiring or termination - performance management issues Even if your situation does not qualify for whistleblowing protection, we encourage you to come forward. We will treat your matter confidentially and can offer support, guidance, advice and problem-solving assistance. ## 4\. Who can receive a protected disclosure? We have established clear reporting channels to ensure that disclosures are straightforward and accessible. You can [report anonymously here](https://resolveadvisors.elker.com/select-flow/BRpSqO) or learn more in section 6 below. Our trained internal whistleblowing contacts include a nominated Board Director and senior managers who can receive your disclosure safely and confidentially. These contacts can guide you through the reporting process and explain how to access support. Peter LeonardBoard Director, Elkerpleonard@datasynergies.com.au Jack MurrayCo-founder and CIO, Elkerjack@elker.com ### 4.1 Public disclosure Under whistleblowing legislation, you may make public interest and emergency disclosures first to the Australian Securities and Investments Commission (ASIC) and the Australian Prudential Regulation Authority (APRA), and subsequently to parliamentarians or journalists. We strongly recommend seeking independent legal advice before taking this step. A public interest disclosure to a journalist or parliamentarian requires all of the following conditions: 1. At least 90 days have passed since your initial disclosure to ASIC, APRA or another prescribed Commonwealth body; 2. You have reasonable grounds to believe that no action has been taken in relation to your disclosure; 3. You have reasonable grounds to believe that making a further disclosure serves the public interest; 4. You have provided written notice to the original Commonwealth body that: 1. identifies your previous disclosure; and  2. states your intention to make a public interest disclosure. ### 4.2 Emergency disclosure An emergency disclosure to a journalist or parliamentarian requires all of the following conditions: 1. You have previously made a disclosure to ASIC, APRA or another prescribed Commonwealth body; 2. You have reasonable grounds to believe the information reveals substantial and imminent danger to people's health/safety or the natural environment; 3. You have provided written notice to the original Commonwealth body that: 1. identifies your previous disclosure; and 2. states your intention to make an emergency disclosure; 4. Your emergency disclosure contains only information necessary to communicate the substantial and imminent danger. ## 5\. Status of legal advice and whistleblowing Understanding whistleblowing protections can be complex. Any discussions with a legal practitioner about whistleblowing matters are protected by law, even if they ultimately determine your disclosure does not qualify for protection. If you seek independent legal advice, you may contact the Human Rights Law Centre's whistleblowing specialist: Kieran PenderEmail: Kieran.Pender@hrlc.org.au ## 6\. How to make a disclosure using the external platform, Elker Elker is our secure external reporting platform, operated by Resolve Advisors. You can report either to an independent consultant or to Shirli Kirschner through this system. The platform: - guides you through the reporting process - provides a secure tracking number for your report - enables anonymous reporting - allows secure two-way communication if more information is needed - lets you monitor your report's progress through a personal login We recommend using Elker for all disclosures as it ensures accurate documentation and protects anonymity. Access the Elker portal by [clicking here](https://resolveadvisors.elker.com/select-flow/BRpSqO). Information about your data protection is available under the FAQs on the platform. You can read more about Elker at [elker.com](https://elker.com). Our trust and platform security protocols are available at [elker.com/security](https://elker.com/security). ## Protections we afford you We will keep your identity confidential if you choose to identify yourself. We will also ensure you are not prejudiced or targeted for making a report. Elker allows you to: ### Report anonymously or with a name Once you start your report, you can upload files, save it as a draft to complete later and submit it whenever you are ready. ### Chat safely Once your report is submitted, you can chat with your chosen contact, whether anonymously or named. The respondent will provide support and advice on the platform. If you report anonymously, please save your secure access key, as this will allow you to follow up and provide any additional information needed to resolve your concern. Even if your matter doesn't qualify as whistleblowing, our contacts will guide you to an appropriate pathway. **Date reviewed:** August 2024 **Policy Owner:** Shirli Kirschner - Director **Policy review:** Annually --- url: https://elker.com/webinars title: "Webinars | Expert Roundtables With Industry Experts" description: "Register for one of our upcoming live webinars. Discover topical roundtables and demonstrations of the Elker platform." locale: en-AU generated: 2026-07-01T14:05:47.525Z --- # Webinars Discover topical roundtables and demonstrations of the Elker platform. Register for one of our upcoming live webinars. [Contact us](/contact) if you missed one of the webinars and you would like the recording. ## Past webinars [ ![](https://media.elker.com/2bfc62e0-b8c1-4907-9f3e-727837b5d6c8/Sensitive-Data-Webinar-Flyer-Page-1.png?width=992) ](/webinars/dealing-with-sensitive-information) [ ### Handling Sensitive Information May 28, 2026, 1pm AEST ](/webinars/dealing-with-sensitive-information) [ ![Webinar information about finishing the year safely in the workplace](https://media.elker.com/c0ba7d7e-9d72-4b61-81ce-105f1a9a72f0/Finishing-Safe-Webinar-3Dec2025-2000w.png?width=992) ](/webinars/finishing-safe-between-now-and-january-webinar) [ ### Finishing Safe - Everything You Need to Know Between Now and January Dec 3, 2025, 1pm AEDT ](/webinars/finishing-safe-between-now-and-january-webinar) [ ![Webinar Speaking up Slowing Down Addressing Psychosocial Issues at Work Wed 5 Nov 1](https://media.elker.com/0609ed85-0c80-439e-aaa7-0a0e7cecd3bf/Webinar-Speaking-Up-slowing-down-addressing-psychosocial-issues-at-work-wed-5-nov-1.png?width=992) ](/webinars/addressing-psychosocial-issues-at-work-webinar) [ ### Speaking up, slowing down - Addressing psychosocial issues at work Nov 5, 2025, 1pm AEDT ](/webinars/addressing-psychosocial-issues-at-work-webinar) [ ![Webinar: Leading People and Culture in the New World of Work](https://media.elker.com/f25874a6-32c8-48a8-8cc7-ca91bb278d88/webinar-leading-people-culture-new-world-work.jpg?width=992) ](/webinars/new-world-of-work) [ ### Leading People and Culture in the New World of Work Nov 20, 2024, 1 pm AEDT ](/webinars/new-world-of-work) [ ![Webinar: Investing in Employee Well-Being Psychosocial Safety](https://media.elker.com/47aab730-1a83-4d29-b357-e84aed010ba2/investing-in-employee-well-being-psychosocial-safety.png?width=992) ](/webinars/psychosocial-safety-construction-and-mining) [ ### Investing in Employee Well-Being: Psychosocial Safety in Construction and Mining Oct 29, 2024, 1 pm AEDT ](/webinars/psychosocial-safety-construction-and-mining) [ ![Webinar: Navigating the New Aged Care Act](https://media.elker.com/01c395be-acfd-49af-b2ab-e05cd370f088/webinar-navigating-the-new-aged-care-act.jpg?width=992) ](/webinars/new-aged-care-act-speak-up) [ ### The New Aged Care Act - Navigating Speak Up Obligations Oct 28, 2024, 1 pm AEDT ](/webinars/new-aged-care-act-speak-up) [ ![Webinar: Safety culture and transformation in the hospitality industry](https://media.elker.com/0ee4a975-a6a5-49a7-b9ad-15f571efcece/safety_culture_transformation_hospitality.png?width=992) ](/webinars/safety-culture-and-transformation-hospitality) [ ### Safety Culture and Transformation in the Hospitality Industry Oct 23, 2024, 3 pm AEDT ](/webinars/safety-culture-and-transformation-hospitality) [ ![Webinar: Whistleblowing and speak up in aged care](https://media.elker.com/d46ace35-1807-4859-991b-e8ddba990e4f/whistleblowing_speak_up_aged_care.png?width=992) ](/webinars/webinar-whistleblowing-speak-up-aged-care) [ ### Whistleblowing & Speak-Up in Aged Care: Building Safer Foundations for Our Ageing Population Oct 1, 2024, 3 pm AEST ](/webinars/webinar-whistleblowing-speak-up-aged-care) [ ![Webinar: Creating safer local governments - Tools for psychosocial health and public interest disclosures](https://media.elker.com/e83e81d8-8f25-4a52-8fff-ee20c10bef15/webinar-safer-local-governments.png?width=992) ](/webinars/webinar-safer-local-governments) [ ### Creating Safer Local Governments: Tools for Psychosocial Health Sep 18, 2024, 3 pm AEST ](/webinars/webinar-safer-local-governments) [ ![Elker x Neuroleadership Webinar, September 5 2024](https://media.elker.com/b4f08180-d19d-42f3-a2e7-43417e87c4c4/elker-neuroleadership-webinar-2024-sept.png?width=992) ](/webinars/psychosocial-risks-leadership-and-tools) [ ### Psychosocial Risks: Leadership and Tools Sep 5, 2024, 1 pm AEST ](/webinars/psychosocial-risks-leadership-and-tools) [ ![Webinar: Navigating the positive duty in the Sex Discrimination Act with Elker](https://media.elker.com/9ba92aad-4444-40f4-8078-78cee6028c3e/webinar-positive-duty-elker.png?width=992) ](/webinars/2024-sept-respect-at-work-webinar) [ ### Respect At Work Webinar: Navigating the Positive Duty With Elker Sep 4, 2024, 3 pm AEST ](/webinars/2024-sept-respect-at-work-webinar) [ ![Webinar: Live demonstration of the Elker platform](https://media.elker.com/2a3e2bcf-eb63-4944-a6ce-730b80524858/webinar-elker-live-demo.png?width=992) ](/webinars/2024-august-live-demonstration-of-the-elker-platform) [ ### Live Demonstration of the Elker Platform Aug 14, 2024, 3 pm AEST ](/webinars/2024-august-live-demonstration-of-the-elker-platform) Interested to find out more? See how Elker can help with compliance and build a culture of accountability and trust in your organisation. [Book a demo](/book-demo) [Get a quote →](/pricing) --- url: https://elker.com/webinars/2024-august-live-demonstration-of-the-elker-platform title: "Elker Webinar - Live Demonstration of the Elker Platform" description: "Join Jack Murray for an in-depth look at Elker — the leading reporting platform for employees to speak up and ensure compliance for Australian organisations." locale: en-AU generated: 2026-07-01T14:05:47.328Z --- Aug 14, 2024, 3 pm AEST # Live Demonstration of the Elker Platform Join Jack Murray for an in-depth look at Elker — the leading reporting platform for employees to speak up and ensure compliance for Australian organisations. ![Webinar: Live demonstration of the Elker platform](https://media.elker.com/2a3e2bcf-eb63-4944-a6ce-730b80524858/webinar-elker-live-demo.png?width=992) **Date:** Aug 14, 2024 **Time:** 3 pm AEST **Duration:** 45 min **Cost:** Free (Limited places) In this live demo, Jack will showcase Elker's powerful features and demonstrate how it streamlines the reporting process, fosters a speak-up culture, and helps organisations effectively manage and resolve workplace issues. You'll see all the key functionalities of Elker, including: - **Customisable reporting pathways:** Tailor the platform to your organisation's specific needs, with customisable landing pages, reporting channels, and question flows. - **Anonymous reporting:** Experience the seamless process of making an anonymous report, from selecting the appropriate channel to providing detailed information and evidence. - **Comprehensive case management:** Learn how Elker's powerful dashboard enables your team to efficiently receive, triage, and manage reports, with features like routing, team setup, and customisable workflows. - **Real-time analytics and insights:** Explore Elker's analytics capabilities, which provide valuable insights into workplace trends and help you proactively address issues and mitigate risks. - **Secure and compliant:** See how Elker's robust security measures protect sensitive information and the anonymity of reporters. Don't miss this opportunity to see Elker in action and learn how it can transform your organisation's approach to anonymous reporting. ## Registrations closed Please [contact us](/contact) if you would like a recording of the webinar. [See upcoming webinars](/webinars) ## Presenters - ![Jack Murray - Co-founder & CIO, Elker](https://media.elker.com/c7780bea-3f36-4577-a647-6747cfc79cfa/undefined) ### Jack Murray #### Co-founder & CIO, Elker As the CIO of Elker, Jack Murray develops tech-driven strategies to improve workplace culture and safety. He specialises in creating solutions that promote organisational transparency and employee well-being. - [LinkedIn](https://www.linkedin.com/in/jacklmurray/) ## Past webinars [ ![](https://media.elker.com/2bfc62e0-b8c1-4907-9f3e-727837b5d6c8/Sensitive-Data-Webinar-Flyer-Page-1.png?width=992) ](/webinars/dealing-with-sensitive-information) [ ### Handling Sensitive Information May 28, 2026, 1pm AEST ](/webinars/dealing-with-sensitive-information) [ ![Webinar information about finishing the year safely in the workplace](https://media.elker.com/c0ba7d7e-9d72-4b61-81ce-105f1a9a72f0/Finishing-Safe-Webinar-3Dec2025-2000w.png?width=992) ](/webinars/finishing-safe-between-now-and-january-webinar) [ ### Finishing Safe - Everything You Need to Know Between Now and January Dec 3, 2025, 1pm AEDT ](/webinars/finishing-safe-between-now-and-january-webinar) [ ![Webinar Speaking up Slowing Down Addressing Psychosocial Issues at Work Wed 5 Nov 1](https://media.elker.com/0609ed85-0c80-439e-aaa7-0a0e7cecd3bf/Webinar-Speaking-Up-slowing-down-addressing-psychosocial-issues-at-work-wed-5-nov-1.png?width=992) ](/webinars/addressing-psychosocial-issues-at-work-webinar) [ ### Speaking up, slowing down - Addressing psychosocial issues at work Nov 5, 2025, 1pm AEDT ](/webinars/addressing-psychosocial-issues-at-work-webinar) [ ![Webinar: Leading People and Culture in the New World of Work](https://media.elker.com/f25874a6-32c8-48a8-8cc7-ca91bb278d88/webinar-leading-people-culture-new-world-work.jpg?width=992) ](/webinars/new-world-of-work) [ ### Leading People and Culture in the New World of Work Nov 20, 2024, 1 pm AEDT ](/webinars/new-world-of-work) [ ![Webinar: Investing in Employee Well-Being Psychosocial Safety](https://media.elker.com/47aab730-1a83-4d29-b357-e84aed010ba2/investing-in-employee-well-being-psychosocial-safety.png?width=992) ](/webinars/psychosocial-safety-construction-and-mining) [ ### Investing in Employee Well-Being: Psychosocial Safety in Construction and Mining Oct 29, 2024, 1 pm AEDT ](/webinars/psychosocial-safety-construction-and-mining) [ ![Webinar: Navigating the New Aged Care Act](https://media.elker.com/01c395be-acfd-49af-b2ab-e05cd370f088/webinar-navigating-the-new-aged-care-act.jpg?width=992) ](/webinars/new-aged-care-act-speak-up) [ ### The New Aged Care Act - Navigating Speak Up Obligations Oct 28, 2024, 1 pm AEDT ](/webinars/new-aged-care-act-speak-up) [ ![Webinar: Safety culture and transformation in the hospitality industry](https://media.elker.com/0ee4a975-a6a5-49a7-b9ad-15f571efcece/safety_culture_transformation_hospitality.png?width=992) ](/webinars/safety-culture-and-transformation-hospitality) [ ### Safety Culture and Transformation in the Hospitality Industry Oct 23, 2024, 3 pm AEDT ](/webinars/safety-culture-and-transformation-hospitality) [ ![Webinar: Whistleblowing and speak up in aged care](https://media.elker.com/d46ace35-1807-4859-991b-e8ddba990e4f/whistleblowing_speak_up_aged_care.png?width=992) ](/webinars/webinar-whistleblowing-speak-up-aged-care) [ ### Whistleblowing & Speak-Up in Aged Care: Building Safer Foundations for Our Ageing Population Oct 1, 2024, 3 pm AEST ](/webinars/webinar-whistleblowing-speak-up-aged-care) [ ![Webinar: Creating safer local governments - Tools for psychosocial health and public interest disclosures](https://media.elker.com/e83e81d8-8f25-4a52-8fff-ee20c10bef15/webinar-safer-local-governments.png?width=992) ](/webinars/webinar-safer-local-governments) [ ### Creating Safer Local Governments: Tools for Psychosocial Health Sep 18, 2024, 3 pm AEST ](/webinars/webinar-safer-local-governments) [ ![Elker x Neuroleadership Webinar, September 5 2024](https://media.elker.com/b4f08180-d19d-42f3-a2e7-43417e87c4c4/elker-neuroleadership-webinar-2024-sept.png?width=992) ](/webinars/psychosocial-risks-leadership-and-tools) [ ### Psychosocial Risks: Leadership and Tools Sep 5, 2024, 1 pm AEST ](/webinars/psychosocial-risks-leadership-and-tools) [ ![Webinar: Navigating the positive duty in the Sex Discrimination Act with Elker](https://media.elker.com/9ba92aad-4444-40f4-8078-78cee6028c3e/webinar-positive-duty-elker.png?width=992) ](/webinars/2024-sept-respect-at-work-webinar) [ ### Respect At Work Webinar: Navigating the Positive Duty With Elker Sep 4, 2024, 3 pm AEST ](/webinars/2024-sept-respect-at-work-webinar) Interested to find out more? See how Elker can help with compliance and build a culture of accountability and trust in your organisation. [Book a demo](/book-demo) [Get a quote →](/pricing) --- url: https://elker.com/webinars/2024-sept-respect-at-work-webinar title: "Respect At Work: Navigating the Positive Duty With Elker" description: "Join Jack Murray, co-founder and CIO of Elker, for an insightful webinar on the Respect@Work legislation and the new positive duty for Australian organisations." locale: en-AU generated: 2026-07-01T14:05:47.367Z --- Sep 4, 2024, 3 pm AEST # Respect At Work Webinar: Navigating the Positive Duty With Elker Join Jack Murray, co-founder and CIO of Elker, for an insightful webinar on the Respect@Work legislation and the new positive duty for Australian organisations. This webinar will take place on 4 September at 3pm (AEST). ![Webinar: Navigating the positive duty in the Sex Discrimination Act with Elker](https://media.elker.com/9ba92aad-4444-40f4-8078-78cee6028c3e/webinar-positive-duty-elker.png?width=992) **Date:** Sep 4, 2024 **Time:** 3 pm AEST **Duration:** 45 min **Cost:** Free (Limited places) The [Respect Work Bill of 2023](/articles/7-standards-positive-duty-sex-discrimination-act) introduced a significant shift in how organisations must approach workplace safety and compliance. The positive duty requires employers to take a proactive step to eliminate sexual harassment, sex-based discrimination, and hostile work environments. While the positive duty is broad in scope, the Australian Human Rights Commission has [recommended](https://humanrights.gov.au/__data/assets/file/0030/46974/Guidelines-for-Complying-with-the-Positive-Duty-2023.pdf) using anonymous reporting platforms to raise concerns about workplace behaviour. In this webinar, Elker co-founder, Jack Murray, will discuss the practical strategies for complying with Respect at Work, but most importantly how utilising tools like Elker will uncover deep insights in your workplace, and can aid in the early detection and elimination of misconduct. The webinar will also touch on: - The scope of the positive duty for organisations of all types and sizes - How anonymous reporting platforms like Elker can help you meet the positive duty requirements - Best practices for fostering a safe, respectful, and inclusive workplace culture If you have any questions about Respect@Work or how to use reporting tools to comply with the new law, contact us before the webinar so that we can include this in our Q&A. Register now to secure your spot! ## Registrations closed Please [contact us](/contact) if you would like a recording of the webinar. [See upcoming webinars](/webinars) ## Presenters - ![Jack Murray - Co-founder & CIO, Elker](https://media.elker.com/c7780bea-3f36-4577-a647-6747cfc79cfa/undefined) ### Jack Murray #### Co-founder & CIO, Elker As the CIO of Elker, Jack Murray develops tech-driven strategies to improve workplace culture and safety. He specialises in creating solutions that promote organisational transparency and employee well-being. - [LinkedIn](https://www.linkedin.com/in/jacklmurray/) ## Past webinars [ ![](https://media.elker.com/2bfc62e0-b8c1-4907-9f3e-727837b5d6c8/Sensitive-Data-Webinar-Flyer-Page-1.png?width=992) ](/webinars/dealing-with-sensitive-information) [ ### Handling Sensitive Information May 28, 2026, 1pm AEST ](/webinars/dealing-with-sensitive-information) [ ![Webinar information about finishing the year safely in the workplace](https://media.elker.com/c0ba7d7e-9d72-4b61-81ce-105f1a9a72f0/Finishing-Safe-Webinar-3Dec2025-2000w.png?width=992) ](/webinars/finishing-safe-between-now-and-january-webinar) [ ### Finishing Safe - Everything You Need to Know Between Now and January Dec 3, 2025, 1pm AEDT ](/webinars/finishing-safe-between-now-and-january-webinar) [ ![Webinar Speaking up Slowing Down Addressing Psychosocial Issues at Work Wed 5 Nov 1](https://media.elker.com/0609ed85-0c80-439e-aaa7-0a0e7cecd3bf/Webinar-Speaking-Up-slowing-down-addressing-psychosocial-issues-at-work-wed-5-nov-1.png?width=992) ](/webinars/addressing-psychosocial-issues-at-work-webinar) [ ### Speaking up, slowing down - Addressing psychosocial issues at work Nov 5, 2025, 1pm AEDT ](/webinars/addressing-psychosocial-issues-at-work-webinar) [ ![Webinar: Leading People and Culture in the New World of Work](https://media.elker.com/f25874a6-32c8-48a8-8cc7-ca91bb278d88/webinar-leading-people-culture-new-world-work.jpg?width=992) ](/webinars/new-world-of-work) [ ### Leading People and Culture in the New World of Work Nov 20, 2024, 1 pm AEDT ](/webinars/new-world-of-work) [ ![Webinar: Investing in Employee Well-Being Psychosocial Safety](https://media.elker.com/47aab730-1a83-4d29-b357-e84aed010ba2/investing-in-employee-well-being-psychosocial-safety.png?width=992) ](/webinars/psychosocial-safety-construction-and-mining) [ ### Investing in Employee Well-Being: Psychosocial Safety in Construction and Mining Oct 29, 2024, 1 pm AEDT ](/webinars/psychosocial-safety-construction-and-mining) [ ![Webinar: Navigating the New Aged Care Act](https://media.elker.com/01c395be-acfd-49af-b2ab-e05cd370f088/webinar-navigating-the-new-aged-care-act.jpg?width=992) ](/webinars/new-aged-care-act-speak-up) [ ### The New Aged Care Act - Navigating Speak Up Obligations Oct 28, 2024, 1 pm AEDT ](/webinars/new-aged-care-act-speak-up) [ ![Webinar: Safety culture and transformation in the hospitality industry](https://media.elker.com/0ee4a975-a6a5-49a7-b9ad-15f571efcece/safety_culture_transformation_hospitality.png?width=992) ](/webinars/safety-culture-and-transformation-hospitality) [ ### Safety Culture and Transformation in the Hospitality Industry Oct 23, 2024, 3 pm AEDT ](/webinars/safety-culture-and-transformation-hospitality) [ ![Webinar: Whistleblowing and speak up in aged care](https://media.elker.com/d46ace35-1807-4859-991b-e8ddba990e4f/whistleblowing_speak_up_aged_care.png?width=992) ](/webinars/webinar-whistleblowing-speak-up-aged-care) [ ### Whistleblowing & Speak-Up in Aged Care: Building Safer Foundations for Our Ageing Population Oct 1, 2024, 3 pm AEST ](/webinars/webinar-whistleblowing-speak-up-aged-care) [ ![Webinar: Creating safer local governments - Tools for psychosocial health and public interest disclosures](https://media.elker.com/e83e81d8-8f25-4a52-8fff-ee20c10bef15/webinar-safer-local-governments.png?width=992) ](/webinars/webinar-safer-local-governments) [ ### Creating Safer Local Governments: Tools for Psychosocial Health Sep 18, 2024, 3 pm AEST ](/webinars/webinar-safer-local-governments) [ ![Elker x Neuroleadership Webinar, September 5 2024](https://media.elker.com/b4f08180-d19d-42f3-a2e7-43417e87c4c4/elker-neuroleadership-webinar-2024-sept.png?width=992) ](/webinars/psychosocial-risks-leadership-and-tools) [ ### Psychosocial Risks: Leadership and Tools Sep 5, 2024, 1 pm AEST ](/webinars/psychosocial-risks-leadership-and-tools) [ ![Webinar: Live demonstration of the Elker platform](https://media.elker.com/2a3e2bcf-eb63-4944-a6ce-730b80524858/webinar-elker-live-demo.png?width=992) ](/webinars/2024-august-live-demonstration-of-the-elker-platform) [ ### Live Demonstration of the Elker Platform Aug 14, 2024, 3 pm AEST ](/webinars/2024-august-live-demonstration-of-the-elker-platform) Interested to find out more? See how Elker can help with compliance and build a culture of accountability and trust in your organisation. [Book a demo](/book-demo) [Get a quote →](/pricing) --- url: https://elker.com/webinars/addressing-psychosocial-issues-at-work-webinar title: "Speaking up, slowing down - Addressing psychosocial issues at work" description: "Join our webinar to learn about how employee mental health can be part of company risk management, psychosocial health in the workplace and speak up culture." locale: en-AU generated: 2026-07-01T14:05:47.407Z --- Nov 5, 2025, 1pm AEDT # Speaking up, slowing down - Addressing psychosocial issues at work Join our webinar to learn about how employee mental health can be part of company risk management, psychosocial health in the workplace and speak up culture. ![Webinar Speaking up Slowing Down Addressing Psychosocial Issues at Work Wed 5 Nov 1](https://media.elker.com/0609ed85-0c80-439e-aaa7-0a0e7cecd3bf/Webinar-Speaking-Up-slowing-down-addressing-psychosocial-issues-at-work-wed-5-nov-1.png?width=992) **Date:** Nov 5, 2025 **Time:** 1pm AEDT **Duration:** 60 mins **Cost:** Free (Limited places) Employee mental health can be part of company risk management. To be effective it is critical to understand the differences between wellbeing initiatives and psychosocial risk management. It is also useful to understand the role of data and your 'speak up' system in this mix. In this conversation, Shirli Kirschner, Resolve Advisors / Elker, and Keith Govias, EML Workplace Safety and Risk Principal, will explore the real-world challenges of meeting new legislative duties while supporting human needs. They will also provide practical tools and tips. **Together, we'll examine:** 1. The liability landscape: What organisations are accountable for under new psychosocial legislation 2. The difference between wellbeing and psychosocial management - and why it matters under the law 3. Where burnout fits in: Is it a risk, a symptom, or a failure of a system? 4. How speak up systems help - early detection of psychosocial issues 5. What questions and data can alert leaders to risks before harm occurs 6. Whether Australian workers have become less resilient - and what that means for leaders 7. How to encourage over workers to slow down, and why that might be the key to sustainable performance ## Registrations closed Please [contact us](/contact) if you would like a recording of the webinar. [See upcoming webinars](/webinars) ## Presenters - ![Shirli Kirschner - Co-founder & COA, Elker](https://media.elker.com/e1d339ea-86bb-43a3-9068-4e2badb3a3c3/undefined) ### Shirli Kirschner #### Co-founder & COA, Elker 30+ years of legal and dispute system design. Leader in speak-up technology transforming workplace culture. - [LinkedIn](https://www.linkedin.com/in/shirli-kirschner/) - ![Keith Govias - Workplace Safety and Risk Principal, EML](https://media.elker.com/77051c40-b245-42a9-bad7-a7076977551e/undefined) ### Keith Govias #### Workplace Safety and Risk Principal, EML Keith is a safety and risk expert with 15+ years’ experience across iconic Australian brands. As a Vincent Fairfax Fellow, he advises on policy reform, mental health, and ethical leadership. He champions recovery at work and transparent, evidence-based approaches to protect mental health whilst helping employers build trust through proactive support for vulnerable workers and psychological wellbeing. - [LinkedIn](https://www.linkedin.com/in/keith-govias-93195639) ## Past webinars [ ![](https://media.elker.com/2bfc62e0-b8c1-4907-9f3e-727837b5d6c8/Sensitive-Data-Webinar-Flyer-Page-1.png?width=992) ](/webinars/dealing-with-sensitive-information) [ ### Handling Sensitive Information May 28, 2026, 1pm AEST ](/webinars/dealing-with-sensitive-information) [ ![Webinar information about finishing the year safely in the workplace](https://media.elker.com/c0ba7d7e-9d72-4b61-81ce-105f1a9a72f0/Finishing-Safe-Webinar-3Dec2025-2000w.png?width=992) ](/webinars/finishing-safe-between-now-and-january-webinar) [ ### Finishing Safe - Everything You Need to Know Between Now and January Dec 3, 2025, 1pm AEDT ](/webinars/finishing-safe-between-now-and-january-webinar) [ ![Webinar: Leading People and Culture in the New World of Work](https://media.elker.com/f25874a6-32c8-48a8-8cc7-ca91bb278d88/webinar-leading-people-culture-new-world-work.jpg?width=992) ](/webinars/new-world-of-work) [ ### Leading People and Culture in the New World of Work Nov 20, 2024, 1 pm AEDT ](/webinars/new-world-of-work) [ ![Webinar: Investing in Employee Well-Being Psychosocial Safety](https://media.elker.com/47aab730-1a83-4d29-b357-e84aed010ba2/investing-in-employee-well-being-psychosocial-safety.png?width=992) ](/webinars/psychosocial-safety-construction-and-mining) [ ### Investing in Employee Well-Being: Psychosocial Safety in Construction and Mining Oct 29, 2024, 1 pm AEDT ](/webinars/psychosocial-safety-construction-and-mining) [ ![Webinar: Navigating the New Aged Care Act](https://media.elker.com/01c395be-acfd-49af-b2ab-e05cd370f088/webinar-navigating-the-new-aged-care-act.jpg?width=992) ](/webinars/new-aged-care-act-speak-up) [ ### The New Aged Care Act - Navigating Speak Up Obligations Oct 28, 2024, 1 pm AEDT ](/webinars/new-aged-care-act-speak-up) [ ![Webinar: Safety culture and transformation in the hospitality industry](https://media.elker.com/0ee4a975-a6a5-49a7-b9ad-15f571efcece/safety_culture_transformation_hospitality.png?width=992) ](/webinars/safety-culture-and-transformation-hospitality) [ ### Safety Culture and Transformation in the Hospitality Industry Oct 23, 2024, 3 pm AEDT ](/webinars/safety-culture-and-transformation-hospitality) [ ![Webinar: Whistleblowing and speak up in aged care](https://media.elker.com/d46ace35-1807-4859-991b-e8ddba990e4f/whistleblowing_speak_up_aged_care.png?width=992) ](/webinars/webinar-whistleblowing-speak-up-aged-care) [ ### Whistleblowing & Speak-Up in Aged Care: Building Safer Foundations for Our Ageing Population Oct 1, 2024, 3 pm AEST ](/webinars/webinar-whistleblowing-speak-up-aged-care) [ ![Webinar: Creating safer local governments - Tools for psychosocial health and public interest disclosures](https://media.elker.com/e83e81d8-8f25-4a52-8fff-ee20c10bef15/webinar-safer-local-governments.png?width=992) ](/webinars/webinar-safer-local-governments) [ ### Creating Safer Local Governments: Tools for Psychosocial Health Sep 18, 2024, 3 pm AEST ](/webinars/webinar-safer-local-governments) [ ![Elker x Neuroleadership Webinar, September 5 2024](https://media.elker.com/b4f08180-d19d-42f3-a2e7-43417e87c4c4/elker-neuroleadership-webinar-2024-sept.png?width=992) ](/webinars/psychosocial-risks-leadership-and-tools) [ ### Psychosocial Risks: Leadership and Tools Sep 5, 2024, 1 pm AEST ](/webinars/psychosocial-risks-leadership-and-tools) [ ![Webinar: Navigating the positive duty in the Sex Discrimination Act with Elker](https://media.elker.com/9ba92aad-4444-40f4-8078-78cee6028c3e/webinar-positive-duty-elker.png?width=992) ](/webinars/2024-sept-respect-at-work-webinar) [ ### Respect At Work Webinar: Navigating the Positive Duty With Elker Sep 4, 2024, 3 pm AEST ](/webinars/2024-sept-respect-at-work-webinar) [ ![Webinar: Live demonstration of the Elker platform](https://media.elker.com/2a3e2bcf-eb63-4944-a6ce-730b80524858/webinar-elker-live-demo.png?width=992) ](/webinars/2024-august-live-demonstration-of-the-elker-platform) [ ### Live Demonstration of the Elker Platform Aug 14, 2024, 3 pm AEST ](/webinars/2024-august-live-demonstration-of-the-elker-platform) Interested to find out more? See how Elker can help with compliance and build a culture of accountability and trust in your organisation. [Book a demo](/book-demo) [Get a quote →](/pricing) --- url: https://elker.com/webinars/dealing-with-sensitive-information title: "Handling Sensitive Information" description: "A practical conversation about how governance, visibility and transparency can support responsible handling of sensitive information." locale: en-AU generated: 2026-07-01T14:05:47.444Z --- May 28, 2026, 1pm AEST # Handling Sensitive Information A practical conversation about how governance, visibility and transparency can support responsible handling of sensitive information. ![](https://media.elker.com/2bfc62e0-b8c1-4907-9f3e-727837b5d6c8/Sensitive-Data-Webinar-Flyer-Page-1.png?width=992) **Date:** May 28, 2026 **Time:** 1pm AEST **Duration:** 1 hour **Cost:** Free (Limited places) ### Who Sees It, Who Controls It, and What Happens Next? In the digital age, organisations are capturing more sensitive information than ever before including personal disclosures, incident reports, investigation materials, and highly vulnerable narratives (positive duty, discrimination, psychosocial harm). Much of this data, if mishandled, can expose multiple stakeholders to legal, reputational, and personal harm. At the same time, large language models have unprecedented ability to search and analyse information in our emails, our storage folders and meeting minutes. Sensitive information gives organisations powerful insight into risk and vulnerability but it also carries real responsibility. How do you keep it safe and contained, while still learning from it? This In Conversation explores practical ways technology, governance, and process design can support its collection and responsible use. ### What we'll explore: - Managing sensitive information - protecting what matters while enabling insight - Why legal obligations are raising the stakes for sensitive data management - Practical guidance to reduce risk, build trust, and make better decisions using sensitive data without compromising safety or compliance - Getting people to disclose information earlier by creating conditions for safe disclosure - Why sensitive information requires its own governance approach - Who has access? Building transparency and trust in information handling - Putting control back with individuals what is shared, when, and ## Registrations closed Please [contact us](/contact) if you would like a recording of the webinar. [See upcoming webinars](/webinars) ## Presenters - ![Shirli Kirschner - Co-founder & COA, Elker](https://media.elker.com/e1d339ea-86bb-43a3-9068-4e2badb3a3c3/undefined) ### Shirli Kirschner #### Co-founder & COA, Elker 30+ years of legal and dispute system design. Leader in speak-up technology transforming workplace culture. - [LinkedIn](https://www.linkedin.com/in/shirli-kirschner/) - ![Tony Morris - Director, SafeTM](https://media.elker.com/8fca1fa0-0a33-4d76-9ce5-d6b5c0ad809a/undefined) ### Tony Morris #### Director, SafeTM Drawing on 20+ years across frontline safety regulation, WHS legal practice and senior advisory roles, Tony supports Boards and executives to understand and meet their WHS obligations, turning technical compliance into governance that works in the real world. - [LinkedIn](https://www.linkedin.com/in/tonybmorris/) ## Past webinars [ ![Webinar information about finishing the year safely in the workplace](https://media.elker.com/c0ba7d7e-9d72-4b61-81ce-105f1a9a72f0/Finishing-Safe-Webinar-3Dec2025-2000w.png?width=992) ](/webinars/finishing-safe-between-now-and-january-webinar) [ ### Finishing Safe - Everything You Need to Know Between Now and January Dec 3, 2025, 1pm AEDT ](/webinars/finishing-safe-between-now-and-january-webinar) [ ![Webinar Speaking up Slowing Down Addressing Psychosocial Issues at Work Wed 5 Nov 1](https://media.elker.com/0609ed85-0c80-439e-aaa7-0a0e7cecd3bf/Webinar-Speaking-Up-slowing-down-addressing-psychosocial-issues-at-work-wed-5-nov-1.png?width=992) ](/webinars/addressing-psychosocial-issues-at-work-webinar) [ ### Speaking up, slowing down - Addressing psychosocial issues at work Nov 5, 2025, 1pm AEDT ](/webinars/addressing-psychosocial-issues-at-work-webinar) [ ![Webinar: Leading People and Culture in the New World of Work](https://media.elker.com/f25874a6-32c8-48a8-8cc7-ca91bb278d88/webinar-leading-people-culture-new-world-work.jpg?width=992) ](/webinars/new-world-of-work) [ ### Leading People and Culture in the New World of Work Nov 20, 2024, 1 pm AEDT ](/webinars/new-world-of-work) [ ![Webinar: Investing in Employee Well-Being Psychosocial Safety](https://media.elker.com/47aab730-1a83-4d29-b357-e84aed010ba2/investing-in-employee-well-being-psychosocial-safety.png?width=992) ](/webinars/psychosocial-safety-construction-and-mining) [ ### Investing in Employee Well-Being: Psychosocial Safety in Construction and Mining Oct 29, 2024, 1 pm AEDT ](/webinars/psychosocial-safety-construction-and-mining) [ ![Webinar: Navigating the New Aged Care Act](https://media.elker.com/01c395be-acfd-49af-b2ab-e05cd370f088/webinar-navigating-the-new-aged-care-act.jpg?width=992) ](/webinars/new-aged-care-act-speak-up) [ ### The New Aged Care Act - Navigating Speak Up Obligations Oct 28, 2024, 1 pm AEDT ](/webinars/new-aged-care-act-speak-up) [ ![Webinar: Safety culture and transformation in the hospitality industry](https://media.elker.com/0ee4a975-a6a5-49a7-b9ad-15f571efcece/safety_culture_transformation_hospitality.png?width=992) ](/webinars/safety-culture-and-transformation-hospitality) [ ### Safety Culture and Transformation in the Hospitality Industry Oct 23, 2024, 3 pm AEDT ](/webinars/safety-culture-and-transformation-hospitality) [ ![Webinar: Whistleblowing and speak up in aged care](https://media.elker.com/d46ace35-1807-4859-991b-e8ddba990e4f/whistleblowing_speak_up_aged_care.png?width=992) ](/webinars/webinar-whistleblowing-speak-up-aged-care) [ ### Whistleblowing & Speak-Up in Aged Care: Building Safer Foundations for Our Ageing Population Oct 1, 2024, 3 pm AEST ](/webinars/webinar-whistleblowing-speak-up-aged-care) [ ![Webinar: Creating safer local governments - Tools for psychosocial health and public interest disclosures](https://media.elker.com/e83e81d8-8f25-4a52-8fff-ee20c10bef15/webinar-safer-local-governments.png?width=992) ](/webinars/webinar-safer-local-governments) [ ### Creating Safer Local Governments: Tools for Psychosocial Health Sep 18, 2024, 3 pm AEST ](/webinars/webinar-safer-local-governments) [ ![Elker x Neuroleadership Webinar, September 5 2024](https://media.elker.com/b4f08180-d19d-42f3-a2e7-43417e87c4c4/elker-neuroleadership-webinar-2024-sept.png?width=992) ](/webinars/psychosocial-risks-leadership-and-tools) [ ### Psychosocial Risks: Leadership and Tools Sep 5, 2024, 1 pm AEST ](/webinars/psychosocial-risks-leadership-and-tools) [ ![Webinar: Navigating the positive duty in the Sex Discrimination Act with Elker](https://media.elker.com/9ba92aad-4444-40f4-8078-78cee6028c3e/webinar-positive-duty-elker.png?width=992) ](/webinars/2024-sept-respect-at-work-webinar) [ ### Respect At Work Webinar: Navigating the Positive Duty With Elker Sep 4, 2024, 3 pm AEST ](/webinars/2024-sept-respect-at-work-webinar) [ ![Webinar: Live demonstration of the Elker platform](https://media.elker.com/2a3e2bcf-eb63-4944-a6ce-730b80524858/webinar-elker-live-demo.png?width=992) ](/webinars/2024-august-live-demonstration-of-the-elker-platform) [ ### Live Demonstration of the Elker Platform Aug 14, 2024, 3 pm AEST ](/webinars/2024-august-live-demonstration-of-the-elker-platform) Interested to find out more? See how Elker can help with compliance and build a culture of accountability and trust in your organisation. [Book a demo](/book-demo) [Get a quote →](/pricing) --- url: https://elker.com/webinars/finishing-safe-between-now-and-january-webinar title: "Finishing Safe - Everything You Need to Know Between Now and January" description: "Webinar on the risks that surface at year-end, the messages that matter most, and how to keep your people and pathways supported through summer." locale: en-AU generated: 2026-07-01T14:05:47.489Z --- Dec 3, 2025, 1pm AEDT # Finishing Safe - Everything You Need to Know Between Now and January Join our webinar to explore the risks that tend to surface at this time of year, the messages that matter most, and how to keep your people and pathways supported through the December to January period. ![Webinar information about finishing the year safely in the workplace](https://media.elker.com/c0ba7d7e-9d72-4b61-81ce-105f1a9a72f0/Finishing-Safe-Webinar-3Dec2025-2000w.png?width=992) **Date:** Dec 3, 2025 **Time:** 1pm AEDT **Duration:** 1 hour **Cost:** Free (Limited places) Leaders face unique pressures between December and January. Teams are stretched, decision making speeds up and fewer people are around to catch issues early. To stay effective during this period, it is important to understand the risks that tend to surface, the messages that matter most and how to support your managers so they feel confident and prepared. In this conversation, Shirli Kirschner, Elker, and Fay Calderone, Hall and Wilcox, will explore the real world challenges leaders encounter at this time of year. They will share practical guidance, recommended priorities and simple tools you can use immediately. **Together, we will examine:** 1. Why this time of year matters for culture and safety 2. The critical messages to anchor in your workplace 3. Emerging and escalating risks to watch for 4. How to support and protect your managers and yourself 5. The checklist for effective speak up pathways 6. Being on stand by and supporting teams across the break 7. Leadership priorities for the December to January period ## Watch the video replay ## Presenters - ![Shirli Kirschner - Co-founder & COA, Elker](https://media.elker.com/e1d339ea-86bb-43a3-9068-4e2badb3a3c3/undefined) ### Shirli Kirschner #### Co-founder & COA, Elker 30+ years of legal and dispute system design. Leader in speak-up technology transforming workplace culture. - [LinkedIn](https://www.linkedin.com/in/shirli-kirschner/) - ![Fay Calderone - Workplace Relations Partner, Hall & Wilcox](https://media.elker.com/338ec4aa-b658-4796-ad67-7f1642190a9b/undefined) ### Fay Calderone #### Workplace Relations Partner, Hall & Wilcox Fay Calderone is an employment lawyer and author and workplace relations partner at Hall & Wilcox. - [LinkedIn](https://www.linkedin.com/in/faycalderone/) ## Past webinars [ ![](https://media.elker.com/2bfc62e0-b8c1-4907-9f3e-727837b5d6c8/Sensitive-Data-Webinar-Flyer-Page-1.png?width=992) ](/webinars/dealing-with-sensitive-information) [ ### Handling Sensitive Information May 28, 2026, 1pm AEST ](/webinars/dealing-with-sensitive-information) [ ![Webinar Speaking up Slowing Down Addressing Psychosocial Issues at Work Wed 5 Nov 1](https://media.elker.com/0609ed85-0c80-439e-aaa7-0a0e7cecd3bf/Webinar-Speaking-Up-slowing-down-addressing-psychosocial-issues-at-work-wed-5-nov-1.png?width=992) ](/webinars/addressing-psychosocial-issues-at-work-webinar) [ ### Speaking up, slowing down - Addressing psychosocial issues at work Nov 5, 2025, 1pm AEDT ](/webinars/addressing-psychosocial-issues-at-work-webinar) [ ![Webinar: Leading People and Culture in the New World of Work](https://media.elker.com/f25874a6-32c8-48a8-8cc7-ca91bb278d88/webinar-leading-people-culture-new-world-work.jpg?width=992) ](/webinars/new-world-of-work) [ ### Leading People and Culture in the New World of Work Nov 20, 2024, 1 pm AEDT ](/webinars/new-world-of-work) [ ![Webinar: Investing in Employee Well-Being Psychosocial Safety](https://media.elker.com/47aab730-1a83-4d29-b357-e84aed010ba2/investing-in-employee-well-being-psychosocial-safety.png?width=992) ](/webinars/psychosocial-safety-construction-and-mining) [ ### Investing in Employee Well-Being: Psychosocial Safety in Construction and Mining Oct 29, 2024, 1 pm AEDT ](/webinars/psychosocial-safety-construction-and-mining) [ ![Webinar: Navigating the New Aged Care Act](https://media.elker.com/01c395be-acfd-49af-b2ab-e05cd370f088/webinar-navigating-the-new-aged-care-act.jpg?width=992) ](/webinars/new-aged-care-act-speak-up) [ ### The New Aged Care Act - Navigating Speak Up Obligations Oct 28, 2024, 1 pm AEDT ](/webinars/new-aged-care-act-speak-up) [ ![Webinar: Safety culture and transformation in the hospitality industry](https://media.elker.com/0ee4a975-a6a5-49a7-b9ad-15f571efcece/safety_culture_transformation_hospitality.png?width=992) ](/webinars/safety-culture-and-transformation-hospitality) [ ### Safety Culture and Transformation in the Hospitality Industry Oct 23, 2024, 3 pm AEDT ](/webinars/safety-culture-and-transformation-hospitality) [ ![Webinar: Whistleblowing and speak up in aged care](https://media.elker.com/d46ace35-1807-4859-991b-e8ddba990e4f/whistleblowing_speak_up_aged_care.png?width=992) ](/webinars/webinar-whistleblowing-speak-up-aged-care) [ ### Whistleblowing & Speak-Up in Aged Care: Building Safer Foundations for Our Ageing Population Oct 1, 2024, 3 pm AEST ](/webinars/webinar-whistleblowing-speak-up-aged-care) [ ![Webinar: Creating safer local governments - Tools for psychosocial health and public interest disclosures](https://media.elker.com/e83e81d8-8f25-4a52-8fff-ee20c10bef15/webinar-safer-local-governments.png?width=992) ](/webinars/webinar-safer-local-governments) [ ### Creating Safer Local Governments: Tools for Psychosocial Health Sep 18, 2024, 3 pm AEST ](/webinars/webinar-safer-local-governments) [ ![Elker x Neuroleadership Webinar, September 5 2024](https://media.elker.com/b4f08180-d19d-42f3-a2e7-43417e87c4c4/elker-neuroleadership-webinar-2024-sept.png?width=992) ](/webinars/psychosocial-risks-leadership-and-tools) [ ### Psychosocial Risks: Leadership and Tools Sep 5, 2024, 1 pm AEST ](/webinars/psychosocial-risks-leadership-and-tools) [ ![Webinar: Navigating the positive duty in the Sex Discrimination Act with Elker](https://media.elker.com/9ba92aad-4444-40f4-8078-78cee6028c3e/webinar-positive-duty-elker.png?width=992) ](/webinars/2024-sept-respect-at-work-webinar) [ ### Respect At Work Webinar: Navigating the Positive Duty With Elker Sep 4, 2024, 3 pm AEST ](/webinars/2024-sept-respect-at-work-webinar) [ ![Webinar: Live demonstration of the Elker platform](https://media.elker.com/2a3e2bcf-eb63-4944-a6ce-730b80524858/webinar-elker-live-demo.png?width=992) ](/webinars/2024-august-live-demonstration-of-the-elker-platform) [ ### Live Demonstration of the Elker Platform Aug 14, 2024, 3 pm AEST ](/webinars/2024-august-live-demonstration-of-the-elker-platform) Interested to find out more? See how Elker can help with compliance and build a culture of accountability and trust in your organisation. [Book a demo](/book-demo) [Get a quote →](/pricing) --- url: https://elker.com/webinars/new-aged-care-act-speak-up title: "The New Aged Care Act - Navigating Speak Up Obligations" description: "Join our webinar to navigate the speak-up obligations under the new Aged Care Act. Learn strategies to empower workers and drive positive change." locale: en-AU generated: 2026-07-01T14:05:47.560Z --- Oct 28, 2024, 1 pm AEDT # The New Aged Care Act - Navigating Speak Up Obligations Join our webinar to navigate the speak-up obligations under the new Aged Care Act. Learn strategies to empower workers and drive positive change. ![Webinar: Navigating the New Aged Care Act](https://media.elker.com/01c395be-acfd-49af-b2ab-e05cd370f088/webinar-navigating-the-new-aged-care-act.jpg?width=992) **Date:** Oct 28, 2024 **Time:** 1 pm AEDT **Duration:** 1 hr **Cost:** Free (Limited places) The new Aged Care Act, effective July 2025, is set to transform the aged care landscape in Australia. The Act centres on the needs of older people, emphasising quality care, empowering the workforce, and strengthening protections for both workers and older people.  Key changes include the right to services from qualified, skilled, and experienced workers, support for innovation and improvement, and participation in governance. The Act also introduces expanded whistleblower protections and updated worker screening, creating a safer and more transparent environment for all stakeholders. In this webinar, we will explore: - Key elements of the new Aged Care Act and how they contribute to a transformational shift in the sector - Requirements for a new Worker Quality Care advisory body and its role in promoting quality care and empowerment - Strategies for hardwiring a worker voice and creating a psychosocially safe place for workers and older people - How to initiate and lead the change process, aligning with the new Aged Care Standards - Effective communication strategies and identifying key stakeholders to engage in the process - Data collection methods and metrics to track progress and drive continuous improvement - Turning the new obligations into a positive business initiative that fosters transparency, accountability, and growth Don't miss this opportunity to gain valuable insights and practical strategies for navigating the speak-up obligations under the new Aged Care Act. Join us to learn how to embrace the transformational changes and create a thriving, empowering environment for all stakeholders in aged care. ## Registrations closed Please [contact us](/contact) if you would like a recording of the webinar. [See upcoming webinars](/webinars) ## Presenters - ![Cynthia Payne - Founder and Managing Director, Anchor Excellence](https://media.elker.com/5a8743ed-bcea-4199-8247-12f677f705eb/undefined) ### Cynthia Payne #### Founder and Managing Director, Anchor Excellence Cynthia has over 30 years of executive leadership experience and over 20 years as a board director. - [LinkedIn](https://www.linkedin.com/in/cynthiapayne/?originalSubdomain=au) ## Past webinars [ ![](https://media.elker.com/2bfc62e0-b8c1-4907-9f3e-727837b5d6c8/Sensitive-Data-Webinar-Flyer-Page-1.png?width=992) ](/webinars/dealing-with-sensitive-information) [ ### Handling Sensitive Information May 28, 2026, 1pm AEST ](/webinars/dealing-with-sensitive-information) [ ![Webinar information about finishing the year safely in the workplace](https://media.elker.com/c0ba7d7e-9d72-4b61-81ce-105f1a9a72f0/Finishing-Safe-Webinar-3Dec2025-2000w.png?width=992) ](/webinars/finishing-safe-between-now-and-january-webinar) [ ### Finishing Safe - Everything You Need to Know Between Now and January Dec 3, 2025, 1pm AEDT ](/webinars/finishing-safe-between-now-and-january-webinar) [ ![Webinar Speaking up Slowing Down Addressing Psychosocial Issues at Work Wed 5 Nov 1](https://media.elker.com/0609ed85-0c80-439e-aaa7-0a0e7cecd3bf/Webinar-Speaking-Up-slowing-down-addressing-psychosocial-issues-at-work-wed-5-nov-1.png?width=992) ](/webinars/addressing-psychosocial-issues-at-work-webinar) [ ### Speaking up, slowing down - Addressing psychosocial issues at work Nov 5, 2025, 1pm AEDT ](/webinars/addressing-psychosocial-issues-at-work-webinar) [ ![Webinar: Leading People and Culture in the New World of Work](https://media.elker.com/f25874a6-32c8-48a8-8cc7-ca91bb278d88/webinar-leading-people-culture-new-world-work.jpg?width=992) ](/webinars/new-world-of-work) [ ### Leading People and Culture in the New World of Work Nov 20, 2024, 1 pm AEDT ](/webinars/new-world-of-work) [ ![Webinar: Investing in Employee Well-Being Psychosocial Safety](https://media.elker.com/47aab730-1a83-4d29-b357-e84aed010ba2/investing-in-employee-well-being-psychosocial-safety.png?width=992) ](/webinars/psychosocial-safety-construction-and-mining) [ ### Investing in Employee Well-Being: Psychosocial Safety in Construction and Mining Oct 29, 2024, 1 pm AEDT ](/webinars/psychosocial-safety-construction-and-mining) [ ![Webinar: Safety culture and transformation in the hospitality industry](https://media.elker.com/0ee4a975-a6a5-49a7-b9ad-15f571efcece/safety_culture_transformation_hospitality.png?width=992) ](/webinars/safety-culture-and-transformation-hospitality) [ ### Safety Culture and Transformation in the Hospitality Industry Oct 23, 2024, 3 pm AEDT ](/webinars/safety-culture-and-transformation-hospitality) [ ![Webinar: Whistleblowing and speak up in aged care](https://media.elker.com/d46ace35-1807-4859-991b-e8ddba990e4f/whistleblowing_speak_up_aged_care.png?width=992) ](/webinars/webinar-whistleblowing-speak-up-aged-care) [ ### Whistleblowing & Speak-Up in Aged Care: Building Safer Foundations for Our Ageing Population Oct 1, 2024, 3 pm AEST ](/webinars/webinar-whistleblowing-speak-up-aged-care) [ ![Webinar: Creating safer local governments - Tools for psychosocial health and public interest disclosures](https://media.elker.com/e83e81d8-8f25-4a52-8fff-ee20c10bef15/webinar-safer-local-governments.png?width=992) ](/webinars/webinar-safer-local-governments) [ ### Creating Safer Local Governments: Tools for Psychosocial Health Sep 18, 2024, 3 pm AEST ](/webinars/webinar-safer-local-governments) [ ![Elker x Neuroleadership Webinar, September 5 2024](https://media.elker.com/b4f08180-d19d-42f3-a2e7-43417e87c4c4/elker-neuroleadership-webinar-2024-sept.png?width=992) ](/webinars/psychosocial-risks-leadership-and-tools) [ ### Psychosocial Risks: Leadership and Tools Sep 5, 2024, 1 pm AEST ](/webinars/psychosocial-risks-leadership-and-tools) [ ![Webinar: Navigating the positive duty in the Sex Discrimination Act with Elker](https://media.elker.com/9ba92aad-4444-40f4-8078-78cee6028c3e/webinar-positive-duty-elker.png?width=992) ](/webinars/2024-sept-respect-at-work-webinar) [ ### Respect At Work Webinar: Navigating the Positive Duty With Elker Sep 4, 2024, 3 pm AEST ](/webinars/2024-sept-respect-at-work-webinar) [ ![Webinar: Live demonstration of the Elker platform](https://media.elker.com/2a3e2bcf-eb63-4944-a6ce-730b80524858/webinar-elker-live-demo.png?width=992) ](/webinars/2024-august-live-demonstration-of-the-elker-platform) [ ### Live Demonstration of the Elker Platform Aug 14, 2024, 3 pm AEST ](/webinars/2024-august-live-demonstration-of-the-elker-platform) Interested to find out more? See how Elker can help with compliance and build a culture of accountability and trust in your organisation. [Book a demo](/book-demo) [Get a quote →](/pricing) --- url: https://elker.com/webinars/new-world-of-work title: "Leading People and Culture in the New World of Work" description: "Discover how to lead people and culture in the new world of work. Gain strategies for navigating change and fostering a resilient workforce. Register now!" locale: en-AU generated: 2026-07-01T14:05:47.599Z --- Nov 20, 2024, 1 pm AEDT # Leading People and Culture in the New World of Work How to lead people and culture in the new world of work. Practical steps for building a risk framework and steps for changing mindset. Both are essential for navigating change and fostering a resilient, empowered workforce. Understand the next steps for your organisation. Register now! ![Webinar: Leading People and Culture in the New World of Work](https://media.elker.com/f25874a6-32c8-48a8-8cc7-ca91bb278d88/webinar-leading-people-culture-new-world-work.jpg?width=992) **Date:** Nov 20, 2024 **Time:** 1 pm AEDT **Duration:** 1 hr **Cost:** Free (Limited places) **Download brochure:** [Click here](https://media.elker.com/258c303d-0760-4731-9c59-f3925b7c0c20/leading-people-culture-elker-webinar-invitation.pdf) **Please note: The webinar has been postponed until Wednesday, 20 Nov 2024.** The nature of work is transforming, driven by shifting societal expectations, evolving legal obligations, and a focus on employee well-being. As a leader, navigating this new landscape requires a fresh perspective, innovative strategies, and a commitment to fostering a resilient culture that empowers your people. This thought-provoking webinar explores the challenges and opportunities facing leaders in the new world of work. It provides a framework for leading organisational transformation in response to legislative changes, such as psychosocial risks, the right to disconnect, and the positive duty. We will explore: - Legal trends shaping the future of work and their implications for personal responsibility - A framework for managing the risks within the new legislative requirements - Skills, mindsets, and behaviours needed to effectively lead in this dynamic environment - Leading culture change within your organisation and frameworks for measuring success - Strategies for engaging internal stakeholders, including leadership teams and the board Through expert insights, practical tools, and real-world examples, you'll gain the knowledge and inspiration needed to confidently lead your people and culture in the new world of work. Register now to secure your spot! ## Registrations closed Please [contact us](/contact) if you would like a recording of the webinar. [See upcoming webinars](/webinars) ## Presenters - ![Jane Lewis - Principal (and co-Founder), The Outlook Consulting Group](https://media.elker.com/51545d33-80d6-4091-81b1-0b1ac825e868/undefined) ### Jane Lewis #### Principal (and co-Founder), The Outlook Consulting Group Jane is an experienced Chief People Officer and Consultant working with clients on leadership development, enabling high performance and culture change. - [LinkedIn](https://linkedin.com/in/janemlewis/) - ![Shirli Kirschner - Co-founder & COA, Elker](https://media.elker.com/e1d339ea-86bb-43a3-9068-4e2badb3a3c3/undefined) ### Shirli Kirschner #### Co-founder & COA, Elker 30+ years of legal and dispute system design. Leader in speak-up technology transforming workplace culture. - [LinkedIn](https://www.linkedin.com/in/shirli-kirschner/) ## Past webinars [ ![](https://media.elker.com/2bfc62e0-b8c1-4907-9f3e-727837b5d6c8/Sensitive-Data-Webinar-Flyer-Page-1.png?width=992) ](/webinars/dealing-with-sensitive-information) [ ### Handling Sensitive Information May 28, 2026, 1pm AEST ](/webinars/dealing-with-sensitive-information) [ ![Webinar information about finishing the year safely in the workplace](https://media.elker.com/c0ba7d7e-9d72-4b61-81ce-105f1a9a72f0/Finishing-Safe-Webinar-3Dec2025-2000w.png?width=992) ](/webinars/finishing-safe-between-now-and-january-webinar) [ ### Finishing Safe - Everything You Need to Know Between Now and January Dec 3, 2025, 1pm AEDT ](/webinars/finishing-safe-between-now-and-january-webinar) [ ![Webinar Speaking up Slowing Down Addressing Psychosocial Issues at Work Wed 5 Nov 1](https://media.elker.com/0609ed85-0c80-439e-aaa7-0a0e7cecd3bf/Webinar-Speaking-Up-slowing-down-addressing-psychosocial-issues-at-work-wed-5-nov-1.png?width=992) ](/webinars/addressing-psychosocial-issues-at-work-webinar) [ ### Speaking up, slowing down - Addressing psychosocial issues at work Nov 5, 2025, 1pm AEDT ](/webinars/addressing-psychosocial-issues-at-work-webinar) [ ![Webinar: Investing in Employee Well-Being Psychosocial Safety](https://media.elker.com/47aab730-1a83-4d29-b357-e84aed010ba2/investing-in-employee-well-being-psychosocial-safety.png?width=992) ](/webinars/psychosocial-safety-construction-and-mining) [ ### Investing in Employee Well-Being: Psychosocial Safety in Construction and Mining Oct 29, 2024, 1 pm AEDT ](/webinars/psychosocial-safety-construction-and-mining) [ ![Webinar: Navigating the New Aged Care Act](https://media.elker.com/01c395be-acfd-49af-b2ab-e05cd370f088/webinar-navigating-the-new-aged-care-act.jpg?width=992) ](/webinars/new-aged-care-act-speak-up) [ ### The New Aged Care Act - Navigating Speak Up Obligations Oct 28, 2024, 1 pm AEDT ](/webinars/new-aged-care-act-speak-up) [ ![Webinar: Safety culture and transformation in the hospitality industry](https://media.elker.com/0ee4a975-a6a5-49a7-b9ad-15f571efcece/safety_culture_transformation_hospitality.png?width=992) ](/webinars/safety-culture-and-transformation-hospitality) [ ### Safety Culture and Transformation in the Hospitality Industry Oct 23, 2024, 3 pm AEDT ](/webinars/safety-culture-and-transformation-hospitality) [ ![Webinar: Whistleblowing and speak up in aged care](https://media.elker.com/d46ace35-1807-4859-991b-e8ddba990e4f/whistleblowing_speak_up_aged_care.png?width=992) ](/webinars/webinar-whistleblowing-speak-up-aged-care) [ ### Whistleblowing & Speak-Up in Aged Care: Building Safer Foundations for Our Ageing Population Oct 1, 2024, 3 pm AEST ](/webinars/webinar-whistleblowing-speak-up-aged-care) [ ![Webinar: Creating safer local governments - Tools for psychosocial health and public interest disclosures](https://media.elker.com/e83e81d8-8f25-4a52-8fff-ee20c10bef15/webinar-safer-local-governments.png?width=992) ](/webinars/webinar-safer-local-governments) [ ### Creating Safer Local Governments: Tools for Psychosocial Health Sep 18, 2024, 3 pm AEST ](/webinars/webinar-safer-local-governments) [ ![Elker x Neuroleadership Webinar, September 5 2024](https://media.elker.com/b4f08180-d19d-42f3-a2e7-43417e87c4c4/elker-neuroleadership-webinar-2024-sept.png?width=992) ](/webinars/psychosocial-risks-leadership-and-tools) [ ### Psychosocial Risks: Leadership and Tools Sep 5, 2024, 1 pm AEST ](/webinars/psychosocial-risks-leadership-and-tools) [ ![Webinar: Navigating the positive duty in the Sex Discrimination Act with Elker](https://media.elker.com/9ba92aad-4444-40f4-8078-78cee6028c3e/webinar-positive-duty-elker.png?width=992) ](/webinars/2024-sept-respect-at-work-webinar) [ ### Respect At Work Webinar: Navigating the Positive Duty With Elker Sep 4, 2024, 3 pm AEST ](/webinars/2024-sept-respect-at-work-webinar) [ ![Webinar: Live demonstration of the Elker platform](https://media.elker.com/2a3e2bcf-eb63-4944-a6ce-730b80524858/webinar-elker-live-demo.png?width=992) ](/webinars/2024-august-live-demonstration-of-the-elker-platform) [ ### Live Demonstration of the Elker Platform Aug 14, 2024, 3 pm AEST ](/webinars/2024-august-live-demonstration-of-the-elker-platform) Interested to find out more? See how Elker can help with compliance and build a culture of accountability and trust in your organisation. [Book a demo](/book-demo) [Get a quote →](/pricing) --- url: https://elker.com/webinars/psychosocial-risks-leadership-and-tools title: "Webinar | Psychosocial Risks: Leadership and Tools" description: "Join Jeff Knibb from the NeuroLeadership Institute and Shirli Kirschner from Elker to discuss psychosocial safety in the workplace." locale: en-AU generated: 2026-07-01T14:05:47.633Z --- Sep 5, 2024, 1 pm AEST # Psychosocial Risks: Leadership and Tools Join Jeff Knibb from the NeuroLeadership Institute and Shirli Kirschner from Elker to discuss psychosocial safety in the workplace. ![Elker x Neuroleadership Webinar, September 5 2024](https://media.elker.com/b4f08180-d19d-42f3-a2e7-43417e87c4c4/elker-neuroleadership-webinar-2024-sept.png?width=992) **Date:** Sep 5, 2024 **Time:** 1 pm AEST **Duration:** 1 hr **Cost:** Free (Limited places) The post-pandemic world has brought a heightened focus on employee wellbeing and psychosocial safety. In Australia, legislative changes have made proactively managing psychosocial risk a legal duty for employers. This makes understanding and supporting the mental health and well-being of employees a critical component of governance and leadership. In this webinar, Jeff Knibb, Director of Client Insights at NeuroLeadership Institute, and Shirli Kirschner, Co-Founder of speak-up software, Elker, will unpack the essential aspects of managing psychosocial risks, including: - Why psychosocial safety matters more than ever - The habits and leadership strategies to mitigate psychosocial risk - Actionable steps and tools for organisations to manage well-being Together they will provide guidance on leading for organisational transformation to create a culture of psychological safety ## Registrations closed Please [contact us](/contact) if you would like a recording of the webinar. [See upcoming webinars](/webinars) ## Presenters - ![Shirli Kirschner - Co-founder & COA, Elker](https://media.elker.com/e1d339ea-86bb-43a3-9068-4e2badb3a3c3/undefined) ### Shirli Kirschner #### Co-founder & COA, Elker 30+ years of legal and dispute system design. Leader in speak-up technology transforming workplace culture. - [LinkedIn](https://www.linkedin.com/in/shirli-kirschner/) ## Past webinars [ ![](https://media.elker.com/2bfc62e0-b8c1-4907-9f3e-727837b5d6c8/Sensitive-Data-Webinar-Flyer-Page-1.png?width=992) ](/webinars/dealing-with-sensitive-information) [ ### Handling Sensitive Information May 28, 2026, 1pm AEST ](/webinars/dealing-with-sensitive-information) [ ![Webinar information about finishing the year safely in the workplace](https://media.elker.com/c0ba7d7e-9d72-4b61-81ce-105f1a9a72f0/Finishing-Safe-Webinar-3Dec2025-2000w.png?width=992) ](/webinars/finishing-safe-between-now-and-january-webinar) [ ### Finishing Safe - Everything You Need to Know Between Now and January Dec 3, 2025, 1pm AEDT ](/webinars/finishing-safe-between-now-and-january-webinar) [ ![Webinar Speaking up Slowing Down Addressing Psychosocial Issues at Work Wed 5 Nov 1](https://media.elker.com/0609ed85-0c80-439e-aaa7-0a0e7cecd3bf/Webinar-Speaking-Up-slowing-down-addressing-psychosocial-issues-at-work-wed-5-nov-1.png?width=992) ](/webinars/addressing-psychosocial-issues-at-work-webinar) [ ### Speaking up, slowing down - Addressing psychosocial issues at work Nov 5, 2025, 1pm AEDT ](/webinars/addressing-psychosocial-issues-at-work-webinar) [ ![Webinar: Leading People and Culture in the New World of Work](https://media.elker.com/f25874a6-32c8-48a8-8cc7-ca91bb278d88/webinar-leading-people-culture-new-world-work.jpg?width=992) ](/webinars/new-world-of-work) [ ### Leading People and Culture in the New World of Work Nov 20, 2024, 1 pm AEDT ](/webinars/new-world-of-work) [ ![Webinar: Investing in Employee Well-Being Psychosocial Safety](https://media.elker.com/47aab730-1a83-4d29-b357-e84aed010ba2/investing-in-employee-well-being-psychosocial-safety.png?width=992) ](/webinars/psychosocial-safety-construction-and-mining) [ ### Investing in Employee Well-Being: Psychosocial Safety in Construction and Mining Oct 29, 2024, 1 pm AEDT ](/webinars/psychosocial-safety-construction-and-mining) [ ![Webinar: Navigating the New Aged Care Act](https://media.elker.com/01c395be-acfd-49af-b2ab-e05cd370f088/webinar-navigating-the-new-aged-care-act.jpg?width=992) ](/webinars/new-aged-care-act-speak-up) [ ### The New Aged Care Act - Navigating Speak Up Obligations Oct 28, 2024, 1 pm AEDT ](/webinars/new-aged-care-act-speak-up) [ ![Webinar: Safety culture and transformation in the hospitality industry](https://media.elker.com/0ee4a975-a6a5-49a7-b9ad-15f571efcece/safety_culture_transformation_hospitality.png?width=992) ](/webinars/safety-culture-and-transformation-hospitality) [ ### Safety Culture and Transformation in the Hospitality Industry Oct 23, 2024, 3 pm AEDT ](/webinars/safety-culture-and-transformation-hospitality) [ ![Webinar: Whistleblowing and speak up in aged care](https://media.elker.com/d46ace35-1807-4859-991b-e8ddba990e4f/whistleblowing_speak_up_aged_care.png?width=992) ](/webinars/webinar-whistleblowing-speak-up-aged-care) [ ### Whistleblowing & Speak-Up in Aged Care: Building Safer Foundations for Our Ageing Population Oct 1, 2024, 3 pm AEST ](/webinars/webinar-whistleblowing-speak-up-aged-care) [ ![Webinar: Creating safer local governments - Tools for psychosocial health and public interest disclosures](https://media.elker.com/e83e81d8-8f25-4a52-8fff-ee20c10bef15/webinar-safer-local-governments.png?width=992) ](/webinars/webinar-safer-local-governments) [ ### Creating Safer Local Governments: Tools for Psychosocial Health Sep 18, 2024, 3 pm AEST ](/webinars/webinar-safer-local-governments) [ ![Webinar: Navigating the positive duty in the Sex Discrimination Act with Elker](https://media.elker.com/9ba92aad-4444-40f4-8078-78cee6028c3e/webinar-positive-duty-elker.png?width=992) ](/webinars/2024-sept-respect-at-work-webinar) [ ### Respect At Work Webinar: Navigating the Positive Duty With Elker Sep 4, 2024, 3 pm AEST ](/webinars/2024-sept-respect-at-work-webinar) [ ![Webinar: Live demonstration of the Elker platform](https://media.elker.com/2a3e2bcf-eb63-4944-a6ce-730b80524858/webinar-elker-live-demo.png?width=992) ](/webinars/2024-august-live-demonstration-of-the-elker-platform) [ ### Live Demonstration of the Elker Platform Aug 14, 2024, 3 pm AEST ](/webinars/2024-august-live-demonstration-of-the-elker-platform) Interested to find out more? See how Elker can help with compliance and build a culture of accountability and trust in your organisation. [Book a demo](/book-demo) [Get a quote →](/pricing) --- url: https://elker.com/webinars/psychosocial-safety-construction-and-mining title: "Investing in Psychosocial Safety in Construction and Mining" description: "Explore practical strategies for managing psychosocial risks in construction and mining. Learn to foster a speak-up culture and drive positive change." locale: en-AU generated: 2026-07-01T14:05:47.671Z --- Oct 29, 2024, 1 pm AEDT # Investing in Employee Well-Being: Psychosocial Safety in Construction and Mining Explore practical strategies for managing psychosocial risks in construction and mining. Learn how to foster a speak-up culture, improve worker well-being, and drive positive change. ![Webinar: Investing in Employee Well-Being Psychosocial Safety](https://media.elker.com/47aab730-1a83-4d29-b357-e84aed010ba2/investing-in-employee-well-being-psychosocial-safety.png?width=992) **Date:** Oct 29, 2024 **Time:** 1 pm AEDT **Duration:** 45 min **Cost:** Free (Limited places) The construction and mining industries increasingly recognise the importance of addressing psychosocial health and safety alongside physical safety hazards. With the recent inclusion of psychosocial hazards in the Fair Work Act, businesses in these sectors must give equal importance to mental health risks. This webinar explores the practical steps companies can take to assess and manage psychosocial risks. Attendees will learn: - The significance of psychosocial safety in construction and mining, and its impact on worker well-being and business outcomes - Conducting effective risk assessments to identify and address psychosocial hazards - Strategies for encouraging open communication and empowering workers to speak up about mental health concerns - The benefits of using speak-up platforms for early intervention, targeted action, and continuous improvement Drawing on Elker's experience in setting up speak-up systems for leading energy and construction clients across Australia, the webinar will provide real-world insights and best practices for driving cultural change. Register now to secure your spot! ## Registrations closed Please [contact us](/contact) if you would like a recording of the webinar. [See upcoming webinars](/webinars) ## Presenters - ![Jack Murray - Co-founder & CIO, Elker](https://media.elker.com/c7780bea-3f36-4577-a647-6747cfc79cfa/undefined) ### Jack Murray #### Co-founder & CIO, Elker As the CIO of Elker, Jack Murray develops tech-driven strategies to improve workplace culture and safety. He specialises in creating solutions that promote organisational transparency and employee well-being. - [LinkedIn](https://www.linkedin.com/in/jacklmurray/) ## Past webinars [ ![](https://media.elker.com/2bfc62e0-b8c1-4907-9f3e-727837b5d6c8/Sensitive-Data-Webinar-Flyer-Page-1.png?width=992) ](/webinars/dealing-with-sensitive-information) [ ### Handling Sensitive Information May 28, 2026, 1pm AEST ](/webinars/dealing-with-sensitive-information) [ ![Webinar information about finishing the year safely in the workplace](https://media.elker.com/c0ba7d7e-9d72-4b61-81ce-105f1a9a72f0/Finishing-Safe-Webinar-3Dec2025-2000w.png?width=992) ](/webinars/finishing-safe-between-now-and-january-webinar) [ ### Finishing Safe - Everything You Need to Know Between Now and January Dec 3, 2025, 1pm AEDT ](/webinars/finishing-safe-between-now-and-january-webinar) [ ![Webinar Speaking up Slowing Down Addressing Psychosocial Issues at Work Wed 5 Nov 1](https://media.elker.com/0609ed85-0c80-439e-aaa7-0a0e7cecd3bf/Webinar-Speaking-Up-slowing-down-addressing-psychosocial-issues-at-work-wed-5-nov-1.png?width=992) ](/webinars/addressing-psychosocial-issues-at-work-webinar) [ ### Speaking up, slowing down - Addressing psychosocial issues at work Nov 5, 2025, 1pm AEDT ](/webinars/addressing-psychosocial-issues-at-work-webinar) [ ![Webinar: Leading People and Culture in the New World of Work](https://media.elker.com/f25874a6-32c8-48a8-8cc7-ca91bb278d88/webinar-leading-people-culture-new-world-work.jpg?width=992) ](/webinars/new-world-of-work) [ ### Leading People and Culture in the New World of Work Nov 20, 2024, 1 pm AEDT ](/webinars/new-world-of-work) [ ![Webinar: Navigating the New Aged Care Act](https://media.elker.com/01c395be-acfd-49af-b2ab-e05cd370f088/webinar-navigating-the-new-aged-care-act.jpg?width=992) ](/webinars/new-aged-care-act-speak-up) [ ### The New Aged Care Act - Navigating Speak Up Obligations Oct 28, 2024, 1 pm AEDT ](/webinars/new-aged-care-act-speak-up) [ ![Webinar: Safety culture and transformation in the hospitality industry](https://media.elker.com/0ee4a975-a6a5-49a7-b9ad-15f571efcece/safety_culture_transformation_hospitality.png?width=992) ](/webinars/safety-culture-and-transformation-hospitality) [ ### Safety Culture and Transformation in the Hospitality Industry Oct 23, 2024, 3 pm AEDT ](/webinars/safety-culture-and-transformation-hospitality) [ ![Webinar: Whistleblowing and speak up in aged care](https://media.elker.com/d46ace35-1807-4859-991b-e8ddba990e4f/whistleblowing_speak_up_aged_care.png?width=992) ](/webinars/webinar-whistleblowing-speak-up-aged-care) [ ### Whistleblowing & Speak-Up in Aged Care: Building Safer Foundations for Our Ageing Population Oct 1, 2024, 3 pm AEST ](/webinars/webinar-whistleblowing-speak-up-aged-care) [ ![Webinar: Creating safer local governments - Tools for psychosocial health and public interest disclosures](https://media.elker.com/e83e81d8-8f25-4a52-8fff-ee20c10bef15/webinar-safer-local-governments.png?width=992) ](/webinars/webinar-safer-local-governments) [ ### Creating Safer Local Governments: Tools for Psychosocial Health Sep 18, 2024, 3 pm AEST ](/webinars/webinar-safer-local-governments) [ ![Elker x Neuroleadership Webinar, September 5 2024](https://media.elker.com/b4f08180-d19d-42f3-a2e7-43417e87c4c4/elker-neuroleadership-webinar-2024-sept.png?width=992) ](/webinars/psychosocial-risks-leadership-and-tools) [ ### Psychosocial Risks: Leadership and Tools Sep 5, 2024, 1 pm AEST ](/webinars/psychosocial-risks-leadership-and-tools) [ ![Webinar: Navigating the positive duty in the Sex Discrimination Act with Elker](https://media.elker.com/9ba92aad-4444-40f4-8078-78cee6028c3e/webinar-positive-duty-elker.png?width=992) ](/webinars/2024-sept-respect-at-work-webinar) [ ### Respect At Work Webinar: Navigating the Positive Duty With Elker Sep 4, 2024, 3 pm AEST ](/webinars/2024-sept-respect-at-work-webinar) [ ![Webinar: Live demonstration of the Elker platform](https://media.elker.com/2a3e2bcf-eb63-4944-a6ce-730b80524858/webinar-elker-live-demo.png?width=992) ](/webinars/2024-august-live-demonstration-of-the-elker-platform) [ ### Live Demonstration of the Elker Platform Aug 14, 2024, 3 pm AEST ](/webinars/2024-august-live-demonstration-of-the-elker-platform) Interested to find out more? See how Elker can help with compliance and build a culture of accountability and trust in your organisation. [Book a demo](/book-demo) [Get a quote →](/pricing) --- url: https://elker.com/webinars/safety-culture-and-transformation-hospitality title: "Safety Culture & Transformation in the Hospitality Industry" description: "Webinar: Learn practical strategies to foster a speak-up culture and create safe environments in the face of recent industry challenges. Register now!" locale: en-AU generated: 2026-07-01T14:05:47.711Z --- Oct 23, 2024, 3 pm AEDT # Safety Culture and Transformation in the Hospitality Industry Learn practical strategies to foster a speak-up culture and create safe, respectful environments in the face of recent industry challenges. Register now! ![Webinar: Safety culture and transformation in the hospitality industry](https://media.elker.com/0ee4a975-a6a5-49a7-b9ad-15f571efcece/safety_culture_transformation_hospitality.png?width=992) **Date:** Oct 23, 2024 **Time:** 3 pm AEDT **Duration:** 45 min **Cost:** Free (Limited places) Recent high-profile sexual harassment cases have cast a spotlight on the hospitality industry, prompting key industry leaders to emphasise the need to foster a culture of safety and accountability in the sector. This webinar explores the critical changes impacting hospitality businesses and discusses the importance of adopting a proactive approach to risk assessment and elimination. New requirements, such as the positive duty in the Sex Discrimination Act and the inclusion of psychosocial hazards in the Fair Work Act, have made it critical for businesses to take action. But, beyond compliance, a genuine cultural change is essential for a thriving and respectful workplace. Attendees will learn about: - Recent changes to the law and their impact on the hospitality industry - Conducting risk assessments to identify and address potential hazards - Fostering open communication and encouraging employees to speak up - Using speak-up tools and analytics for deterrence and targeted action The webinar will draw on Elker's extensive experience in transforming workplaces across the hospitality industry, providing attendees with practical strategies and tools to drive positive change and create a culture of respect and safety. Don't miss this opportunity to learn how to transform your leadership approach in the hospitality industry. Register now to secure your spot! ## Registrations closed Please [contact us](/contact) if you would like a recording of the webinar. [See upcoming webinars](/webinars) ## Presenters - ![Jack Murray - Co-founder & CIO, Elker](https://media.elker.com/c7780bea-3f36-4577-a647-6747cfc79cfa/undefined) ### Jack Murray #### Co-founder & CIO, Elker As the CIO of Elker, Jack Murray develops tech-driven strategies to improve workplace culture and safety. He specialises in creating solutions that promote organisational transparency and employee well-being. - [LinkedIn](https://www.linkedin.com/in/jacklmurray/) ## Past webinars [ ![](https://media.elker.com/2bfc62e0-b8c1-4907-9f3e-727837b5d6c8/Sensitive-Data-Webinar-Flyer-Page-1.png?width=992) ](/webinars/dealing-with-sensitive-information) [ ### Handling Sensitive Information May 28, 2026, 1pm AEST ](/webinars/dealing-with-sensitive-information) [ ![Webinar information about finishing the year safely in the workplace](https://media.elker.com/c0ba7d7e-9d72-4b61-81ce-105f1a9a72f0/Finishing-Safe-Webinar-3Dec2025-2000w.png?width=992) ](/webinars/finishing-safe-between-now-and-january-webinar) [ ### Finishing Safe - Everything You Need to Know Between Now and January Dec 3, 2025, 1pm AEDT ](/webinars/finishing-safe-between-now-and-january-webinar) [ ![Webinar Speaking up Slowing Down Addressing Psychosocial Issues at Work Wed 5 Nov 1](https://media.elker.com/0609ed85-0c80-439e-aaa7-0a0e7cecd3bf/Webinar-Speaking-Up-slowing-down-addressing-psychosocial-issues-at-work-wed-5-nov-1.png?width=992) ](/webinars/addressing-psychosocial-issues-at-work-webinar) [ ### Speaking up, slowing down - Addressing psychosocial issues at work Nov 5, 2025, 1pm AEDT ](/webinars/addressing-psychosocial-issues-at-work-webinar) [ ![Webinar: Leading People and Culture in the New World of Work](https://media.elker.com/f25874a6-32c8-48a8-8cc7-ca91bb278d88/webinar-leading-people-culture-new-world-work.jpg?width=992) ](/webinars/new-world-of-work) [ ### Leading People and Culture in the New World of Work Nov 20, 2024, 1 pm AEDT ](/webinars/new-world-of-work) [ ![Webinar: Investing in Employee Well-Being Psychosocial Safety](https://media.elker.com/47aab730-1a83-4d29-b357-e84aed010ba2/investing-in-employee-well-being-psychosocial-safety.png?width=992) ](/webinars/psychosocial-safety-construction-and-mining) [ ### Investing in Employee Well-Being: Psychosocial Safety in Construction and Mining Oct 29, 2024, 1 pm AEDT ](/webinars/psychosocial-safety-construction-and-mining) [ ![Webinar: Navigating the New Aged Care Act](https://media.elker.com/01c395be-acfd-49af-b2ab-e05cd370f088/webinar-navigating-the-new-aged-care-act.jpg?width=992) ](/webinars/new-aged-care-act-speak-up) [ ### The New Aged Care Act - Navigating Speak Up Obligations Oct 28, 2024, 1 pm AEDT ](/webinars/new-aged-care-act-speak-up) [ ![Webinar: Whistleblowing and speak up in aged care](https://media.elker.com/d46ace35-1807-4859-991b-e8ddba990e4f/whistleblowing_speak_up_aged_care.png?width=992) ](/webinars/webinar-whistleblowing-speak-up-aged-care) [ ### Whistleblowing & Speak-Up in Aged Care: Building Safer Foundations for Our Ageing Population Oct 1, 2024, 3 pm AEST ](/webinars/webinar-whistleblowing-speak-up-aged-care) [ ![Webinar: Creating safer local governments - Tools for psychosocial health and public interest disclosures](https://media.elker.com/e83e81d8-8f25-4a52-8fff-ee20c10bef15/webinar-safer-local-governments.png?width=992) ](/webinars/webinar-safer-local-governments) [ ### Creating Safer Local Governments: Tools for Psychosocial Health Sep 18, 2024, 3 pm AEST ](/webinars/webinar-safer-local-governments) [ ![Elker x Neuroleadership Webinar, September 5 2024](https://media.elker.com/b4f08180-d19d-42f3-a2e7-43417e87c4c4/elker-neuroleadership-webinar-2024-sept.png?width=992) ](/webinars/psychosocial-risks-leadership-and-tools) [ ### Psychosocial Risks: Leadership and Tools Sep 5, 2024, 1 pm AEST ](/webinars/psychosocial-risks-leadership-and-tools) [ ![Webinar: Navigating the positive duty in the Sex Discrimination Act with Elker](https://media.elker.com/9ba92aad-4444-40f4-8078-78cee6028c3e/webinar-positive-duty-elker.png?width=992) ](/webinars/2024-sept-respect-at-work-webinar) [ ### Respect At Work Webinar: Navigating the Positive Duty With Elker Sep 4, 2024, 3 pm AEST ](/webinars/2024-sept-respect-at-work-webinar) [ ![Webinar: Live demonstration of the Elker platform](https://media.elker.com/2a3e2bcf-eb63-4944-a6ce-730b80524858/webinar-elker-live-demo.png?width=992) ](/webinars/2024-august-live-demonstration-of-the-elker-platform) [ ### Live Demonstration of the Elker Platform Aug 14, 2024, 3 pm AEST ](/webinars/2024-august-live-demonstration-of-the-elker-platform) Interested to find out more? See how Elker can help with compliance and build a culture of accountability and trust in your organisation. [Book a demo](/book-demo) [Get a quote →](/pricing) --- url: https://elker.com/webinars/webinar-safer-local-governments title: "Webinar: Creating Safer Local Governments With Elker" description: "Anonymous reporting tools can play an important role in helping local governments navigate psychosocial safety and Respect@Work." locale: en-AU generated: 2026-07-01T14:05:47.747Z --- Sep 18, 2024, 3 pm AEST # Creating Safer Local Governments: Tools for Psychosocial Health Anonymous reporting tools can play an important role in helping local governments navigate psychosocial safety and recent workplace changes. ![Webinar: Creating safer local governments - Tools for psychosocial health and public interest disclosures](https://media.elker.com/e83e81d8-8f25-4a52-8fff-ee20c10bef15/webinar-safer-local-governments.png?width=992) **Date:** Sep 18, 2024 **Time:** 3 pm AEST **Duration:** 45 min **Cost:** Free (Limited places) Local governments around Australia face new compliance requirements related to workplace safety. These changes include the positive duty in the Respect at Work Bill to eliminate sexual harassment and the inclusion of psychosocial hazards in recent Work Health and Safety legislation.  Meeting these obligations requires a **proactive approach** to identifying and addressing workplace issues. Anonymous reporting tools can play an important role in helping local governments navigate these challenges. Local governments can encourage early intervention, protect reporters, and identify issues through analytics. In this webinar, we will: - Explore how Elker can help local governments foster a speak-up culture, identify problem areas, and create safer, more inclusive work environments.  - Discuss best practices for implementing these tools to drive positive change and deliver better community services.  - See how Elker’s reporting pathways and case management workflows can handle public interest disclosures, whistleblowing and general complaints. Join us to learn how Elker can support your local government's efforts to meet new compliance requirements, promote psychosocial health, and handle public interest disclosures effectively.  Register now to secure your spot! ## Registrations closed Please [contact us](/contact) if you would like a recording of the webinar. [See upcoming webinars](/webinars) ## Presenters - ![Jack Murray - Co-founder & CIO, Elker](https://media.elker.com/c7780bea-3f36-4577-a647-6747cfc79cfa/undefined) ### Jack Murray #### Co-founder & CIO, Elker As the CIO of Elker, Jack Murray develops tech-driven strategies to improve workplace culture and safety. He specialises in creating solutions that promote organisational transparency and employee well-being. - [LinkedIn](https://www.linkedin.com/in/jacklmurray/) ## Past webinars [ ![](https://media.elker.com/2bfc62e0-b8c1-4907-9f3e-727837b5d6c8/Sensitive-Data-Webinar-Flyer-Page-1.png?width=992) ](/webinars/dealing-with-sensitive-information) [ ### Handling Sensitive Information May 28, 2026, 1pm AEST ](/webinars/dealing-with-sensitive-information) [ ![Webinar information about finishing the year safely in the workplace](https://media.elker.com/c0ba7d7e-9d72-4b61-81ce-105f1a9a72f0/Finishing-Safe-Webinar-3Dec2025-2000w.png?width=992) ](/webinars/finishing-safe-between-now-and-january-webinar) [ ### Finishing Safe - Everything You Need to Know Between Now and January Dec 3, 2025, 1pm AEDT ](/webinars/finishing-safe-between-now-and-january-webinar) [ ![Webinar Speaking up Slowing Down Addressing Psychosocial Issues at Work Wed 5 Nov 1](https://media.elker.com/0609ed85-0c80-439e-aaa7-0a0e7cecd3bf/Webinar-Speaking-Up-slowing-down-addressing-psychosocial-issues-at-work-wed-5-nov-1.png?width=992) ](/webinars/addressing-psychosocial-issues-at-work-webinar) [ ### Speaking up, slowing down - Addressing psychosocial issues at work Nov 5, 2025, 1pm AEDT ](/webinars/addressing-psychosocial-issues-at-work-webinar) [ ![Webinar: Leading People and Culture in the New World of Work](https://media.elker.com/f25874a6-32c8-48a8-8cc7-ca91bb278d88/webinar-leading-people-culture-new-world-work.jpg?width=992) ](/webinars/new-world-of-work) [ ### Leading People and Culture in the New World of Work Nov 20, 2024, 1 pm AEDT ](/webinars/new-world-of-work) [ ![Webinar: Investing in Employee Well-Being Psychosocial Safety](https://media.elker.com/47aab730-1a83-4d29-b357-e84aed010ba2/investing-in-employee-well-being-psychosocial-safety.png?width=992) ](/webinars/psychosocial-safety-construction-and-mining) [ ### Investing in Employee Well-Being: Psychosocial Safety in Construction and Mining Oct 29, 2024, 1 pm AEDT ](/webinars/psychosocial-safety-construction-and-mining) [ ![Webinar: Navigating the New Aged Care Act](https://media.elker.com/01c395be-acfd-49af-b2ab-e05cd370f088/webinar-navigating-the-new-aged-care-act.jpg?width=992) ](/webinars/new-aged-care-act-speak-up) [ ### The New Aged Care Act - Navigating Speak Up Obligations Oct 28, 2024, 1 pm AEDT ](/webinars/new-aged-care-act-speak-up) [ ![Webinar: Safety culture and transformation in the hospitality industry](https://media.elker.com/0ee4a975-a6a5-49a7-b9ad-15f571efcece/safety_culture_transformation_hospitality.png?width=992) ](/webinars/safety-culture-and-transformation-hospitality) [ ### Safety Culture and Transformation in the Hospitality Industry Oct 23, 2024, 3 pm AEDT ](/webinars/safety-culture-and-transformation-hospitality) [ ![Webinar: Whistleblowing and speak up in aged care](https://media.elker.com/d46ace35-1807-4859-991b-e8ddba990e4f/whistleblowing_speak_up_aged_care.png?width=992) ](/webinars/webinar-whistleblowing-speak-up-aged-care) [ ### Whistleblowing & Speak-Up in Aged Care: Building Safer Foundations for Our Ageing Population Oct 1, 2024, 3 pm AEST ](/webinars/webinar-whistleblowing-speak-up-aged-care) [ ![Elker x Neuroleadership Webinar, September 5 2024](https://media.elker.com/b4f08180-d19d-42f3-a2e7-43417e87c4c4/elker-neuroleadership-webinar-2024-sept.png?width=992) ](/webinars/psychosocial-risks-leadership-and-tools) [ ### Psychosocial Risks: Leadership and Tools Sep 5, 2024, 1 pm AEST ](/webinars/psychosocial-risks-leadership-and-tools) [ ![Webinar: Navigating the positive duty in the Sex Discrimination Act with Elker](https://media.elker.com/9ba92aad-4444-40f4-8078-78cee6028c3e/webinar-positive-duty-elker.png?width=992) ](/webinars/2024-sept-respect-at-work-webinar) [ ### Respect At Work Webinar: Navigating the Positive Duty With Elker Sep 4, 2024, 3 pm AEST ](/webinars/2024-sept-respect-at-work-webinar) [ ![Webinar: Live demonstration of the Elker platform](https://media.elker.com/2a3e2bcf-eb63-4944-a6ce-730b80524858/webinar-elker-live-demo.png?width=992) ](/webinars/2024-august-live-demonstration-of-the-elker-platform) [ ### Live Demonstration of the Elker Platform Aug 14, 2024, 3 pm AEST ](/webinars/2024-august-live-demonstration-of-the-elker-platform) Interested to find out more? See how Elker can help with compliance and build a culture of accountability and trust in your organisation. [Book a demo](/book-demo) [Get a quote →](/pricing) --- url: https://elker.com/webinars/webinar-whistleblowing-speak-up-aged-care title: "Webinar: Whistleblowing & Speak-Up in Aged Care - Elker" description: "Speak-up platforms can help aged care facilities facilitate effective reporting, and create a safer environment for their residents." locale: en-AU generated: 2026-07-01T14:05:47.786Z --- Oct 1, 2024, 3 pm AEST # Whistleblowing & Speak-Up in Aged Care: Building Safer Foundations for Our Ageing Population Speak-up platforms like Elker can help aged care facilities streamline compliance, facilitate effective reporting, and create a safer environment for their residents. ![Webinar: Whistleblowing and speak up in aged care](https://media.elker.com/d46ace35-1807-4859-991b-e8ddba990e4f/whistleblowing_speak_up_aged_care.png?width=992) **Date:** Oct 1, 2024 **Time:** 3 pm AEST **Duration:** 45 min **Cost:** Free (Limited places) Aged care service providers in Australia face new compliance requirements related to the new Aged Care Act. Expected in 2025, these new laws will expand the eligibility and scope of whistleblowing in the aged care sector.  Anonymous reporting tools can play an important role in helping aged care providers navigate these challenges. Aged care providers can encourage early intervention, protect whistleblowers, and identify issues through analytics. In this webinar, we will: - Explore how Elker can help aged care providers foster a speak-up culture, identify problem areas, and create safer, more inclusive services.  - Discuss best practices for implementing these tools to drive positive change and protect our ageing populations.  - See how Elker’s reporting pathways and case management workflows can handle whistleblowing, SIRS and general complaints. Join us to learn how Elker can streamline compliance, facilitate effective reporting, and create a safer environment for residents and caregivers. **Register now to secure your spot!** ## Registrations closed Please [contact us](/contact) if you would like a recording of the webinar. [See upcoming webinars](/webinars) ## Presenters - ![Jack Murray - Co-founder & CIO, Elker](https://media.elker.com/c7780bea-3f36-4577-a647-6747cfc79cfa/undefined) ### Jack Murray #### Co-founder & CIO, Elker As the CIO of Elker, Jack Murray develops tech-driven strategies to improve workplace culture and safety. He specialises in creating solutions that promote organisational transparency and employee well-being. - [LinkedIn](https://www.linkedin.com/in/jacklmurray/) ## Past webinars [ ![](https://media.elker.com/2bfc62e0-b8c1-4907-9f3e-727837b5d6c8/Sensitive-Data-Webinar-Flyer-Page-1.png?width=992) ](/webinars/dealing-with-sensitive-information) [ ### Handling Sensitive Information May 28, 2026, 1pm AEST ](/webinars/dealing-with-sensitive-information) [ ![Webinar information about finishing the year safely in the workplace](https://media.elker.com/c0ba7d7e-9d72-4b61-81ce-105f1a9a72f0/Finishing-Safe-Webinar-3Dec2025-2000w.png?width=992) ](/webinars/finishing-safe-between-now-and-january-webinar) [ ### Finishing Safe - Everything You Need to Know Between Now and January Dec 3, 2025, 1pm AEDT ](/webinars/finishing-safe-between-now-and-january-webinar) [ ![Webinar Speaking up Slowing Down Addressing Psychosocial Issues at Work Wed 5 Nov 1](https://media.elker.com/0609ed85-0c80-439e-aaa7-0a0e7cecd3bf/Webinar-Speaking-Up-slowing-down-addressing-psychosocial-issues-at-work-wed-5-nov-1.png?width=992) ](/webinars/addressing-psychosocial-issues-at-work-webinar) [ ### Speaking up, slowing down - Addressing psychosocial issues at work Nov 5, 2025, 1pm AEDT ](/webinars/addressing-psychosocial-issues-at-work-webinar) [ ![Webinar: Leading People and Culture in the New World of Work](https://media.elker.com/f25874a6-32c8-48a8-8cc7-ca91bb278d88/webinar-leading-people-culture-new-world-work.jpg?width=992) ](/webinars/new-world-of-work) [ ### Leading People and Culture in the New World of Work Nov 20, 2024, 1 pm AEDT ](/webinars/new-world-of-work) [ ![Webinar: Investing in Employee Well-Being Psychosocial Safety](https://media.elker.com/47aab730-1a83-4d29-b357-e84aed010ba2/investing-in-employee-well-being-psychosocial-safety.png?width=992) ](/webinars/psychosocial-safety-construction-and-mining) [ ### Investing in Employee Well-Being: Psychosocial Safety in Construction and Mining Oct 29, 2024, 1 pm AEDT ](/webinars/psychosocial-safety-construction-and-mining) [ ![Webinar: Navigating the New Aged Care Act](https://media.elker.com/01c395be-acfd-49af-b2ab-e05cd370f088/webinar-navigating-the-new-aged-care-act.jpg?width=992) ](/webinars/new-aged-care-act-speak-up) [ ### The New Aged Care Act - Navigating Speak Up Obligations Oct 28, 2024, 1 pm AEDT ](/webinars/new-aged-care-act-speak-up) [ ![Webinar: Safety culture and transformation in the hospitality industry](https://media.elker.com/0ee4a975-a6a5-49a7-b9ad-15f571efcece/safety_culture_transformation_hospitality.png?width=992) ](/webinars/safety-culture-and-transformation-hospitality) [ ### Safety Culture and Transformation in the Hospitality Industry Oct 23, 2024, 3 pm AEDT ](/webinars/safety-culture-and-transformation-hospitality) [ ![Webinar: Creating safer local governments - Tools for psychosocial health and public interest disclosures](https://media.elker.com/e83e81d8-8f25-4a52-8fff-ee20c10bef15/webinar-safer-local-governments.png?width=992) ](/webinars/webinar-safer-local-governments) [ ### Creating Safer Local Governments: Tools for Psychosocial Health Sep 18, 2024, 3 pm AEST ](/webinars/webinar-safer-local-governments) [ ![Elker x Neuroleadership Webinar, September 5 2024](https://media.elker.com/b4f08180-d19d-42f3-a2e7-43417e87c4c4/elker-neuroleadership-webinar-2024-sept.png?width=992) ](/webinars/psychosocial-risks-leadership-and-tools) [ ### Psychosocial Risks: Leadership and Tools Sep 5, 2024, 1 pm AEST ](/webinars/psychosocial-risks-leadership-and-tools) [ ![Webinar: Navigating the positive duty in the Sex Discrimination Act with Elker](https://media.elker.com/9ba92aad-4444-40f4-8078-78cee6028c3e/webinar-positive-duty-elker.png?width=992) ](/webinars/2024-sept-respect-at-work-webinar) [ ### Respect At Work Webinar: Navigating the Positive Duty With Elker Sep 4, 2024, 3 pm AEST ](/webinars/2024-sept-respect-at-work-webinar) [ ![Webinar: Live demonstration of the Elker platform](https://media.elker.com/2a3e2bcf-eb63-4944-a6ce-730b80524858/webinar-elker-live-demo.png?width=992) ](/webinars/2024-august-live-demonstration-of-the-elker-platform) [ ### Live Demonstration of the Elker Platform Aug 14, 2024, 3 pm AEST ](/webinars/2024-august-live-demonstration-of-the-elker-platform) Interested to find out more? See how Elker can help with compliance and build a culture of accountability and trust in your organisation. [Book a demo](/book-demo) [Get a quote →](/pricing)