If you have experienced bullying, harassment or discrimination in a creative workplace, it can be hard to know what to do or who to speak to. It can be even less clear if you are a freelancer or self-employed, or if you are working in a collaboration with other artists.  

If you have seen or heard these unacceptable behaviours, you have an important role in supporting your co-workers.  

If you are responsible for responding to a workplace complaint about bullying, harassment or discrimination, your first priority is to look after the safety and wellbeing of your worker. 

This page sets out the key steps for dealing with unacceptable behaviours. 

There are also government agencies that can help to resolve workplace problems. They are different depending on where you are and what you are experiencing. Find out about where to get help with unacceptable workplace behaviour.

If you are bullied, harassed or discriminated against at work

There is no single right way to respond to bullying, harassment or discrimination. Unacceptable workplace behaviour affects everyone differently. 

There are a number of things you can do, on your own or with help from others. Choose what feels right, and safe, for you. 

Prioritise your safety

Your safety and wellbeing should be your number one priority. Bullying, harassment and discrimination can have very significant impacts on your health, safety and wellbeing. 

If you need help, ask for it – from professional support services, friends and family, co-workers, your manager, or, if the behaviour is criminal, the police.

If the unacceptable behaviour is still happening, or happens again, try to remove yourself from the situation. Walk away, log off your device or hang up the phone.

Keep a record

It can be helpful to keep a written record of: 

• what happened
• when and where it happened
• who was involved (including any witnesses)
• anything else you think might be important to remember. 

Focus on the facts of the situation – who, what, when and where. 

If there is evidence of the bullying, harassment or discrimination (for example, in emails or messages), it is a good idea to take screenshots or save copies.

When people are asked to recall stressful or harmful situations, it can be hard to remember what happened, and in what order. Written records can be useful if you need to tell someone else what happened or you decide to make a formal complaint.

Talk to the person engaging in the unacceptable behaviour

If you feel safe doing so, you can talk to the person who is bullying, harassing or discriminating against you. Explain to them how their behaviour makes you feel and ask them to stop. You can do this on your own or ask someone else that you trust (e.g. a co-worker or your manager) to join you for the conversation.

Sometimes, the person may not realise what they are doing or how it is affecting you. Talking to them might be the only thing you need to do to stop it from happening.

If the person isn’t listening to you or tries to argue with you, you can end the conversation. 

Ask for help from your workplace

Every employer has a responsibility to do what they can to keep you safe at work. How they do this will look different in different workplaces.

In some workplaces, it is clear what to do to get help. There may be a bullying policy, an HR department, work health and safety officers, and a complaints process. Follow the process your workplace has set out.

In other workplaces, it can be much less clear. Perhaps you are part of a group of independent artists collaborating on a project. Perhaps you are a freelancer, and the person who hired you is different from the person you are taking direction from. 

If you are not sure what the process is, ask someone you trust, like a co-worker, manager or someone in the HR department. 

Even if there are no policies in place, everyone deserves to be safe at work and the laws about bullying, harassment and discrimination protect all workers.  

Ask for help outside your workplace

If you don’t feel safe asking for help in your workplace, or you’ve gone through your workplace process and it hasn’t helped, there are others that can help you.

There are a range of professional support services that can provide different kinds of support, including:

• mental health and wellbeing services
• legal advice and information
• the police, if you are in danger or there has been a crime. 

There are also government agencies that can help to resolve workplace problems. These are different depending on where you are and what you are experiencing. Learn more about where you can go for help dealing with unacceptable behaviour at work.

If you see or hear about bullying, harassment or discrimination at work

Unacceptable workplace behaviour like bullying, harassment and discrimination often happens in front of others. Even if you don’t see it happen yourself, a co-worker may tell you about it happening. 

A person who sees, or hears about, unacceptable workplace behaviour is called a bystander.

Bystanders play an important role in supporting people who have been affected by workplace bullying, harassment or discrimination. 

Your focus should be on:

• making sure that those affected are ok
• making sure they know there is support available if they need it.

Understand that unacceptable workplace behaviour can cause serious harm

Unacceptable workplace behaviour affects everyone differently. However, it is well documented that these behaviours can cause serious physical and psychological harm. 

Some people who have been bullied, harassed or discriminated against experience trauma. Understanding this can help you provide appropriate support to co-workers who are affected by unacceptable workplace behaviour. 

Provide support to the person affected

Not everyone who is affected by unacceptable workplace behaviour will experience trauma as a result, but some will. 

Remember that your focus should be on making sure that those affected are ok and get the support they need. The most important thing to do as a bystander is to check on the person, or people, affected, and make sure they know about the support that is available to them.

Providing appropriate support as a bystander means:

1. Prioritise their safety

• Check-in with them. Ask if they are ok, and if there is anything you can do to help.
• Let them know that you saw, or heard about, what happened, and that you don’t think it was right.
• Make sure they know there are professional support services that can help, including counselling and mental health services. We have information about who can help in our organisations directory.
• Share information about your workplace’s policies and processes, if you know what they are. If you don’t know, find out.
• Make sure they know where to get help with unacceptable workplace behaviour. 

2. Follow their lead 

• Make sure that the person affected is in control of how they respond and support their choices, even if you disagree with them. People may choose to respond in different ways. The right response for one person, may not be right for others. It’s important that the person affected has control over how they respond. It is not up to you to decide what is best for them.
• Don’t try to encourage a person to respond in a particular way. For example, by encouraging them to report, or not to report, the unacceptable workplace behaviour.
• If they tell you that they’d like to make a complaint, you can ask if they would like your help to do that. For example, you could sit with them while they fill out the complaint form. If you saw, or heard, the unacceptable behaviour yourself, you could offer to write a witness statement or tell the appropriate person in your workplace what you saw or heard.
• Maintain their privacy. Don’t share their story unless they have told you that it’s ok. It’s not your story to tell. 

3. Listen – but don’t ask questions 

• Your role is to listen and provide support. It is not your role to find out what happened.
• If they choose to talk to you about what happened, listen with empathy and without judgement.
• Don’t ask questions or for more information. This can cause further harm. 

Respond in the moment (when you see or hear it happen)

Many incidents of unacceptable workplace behaviour happen in front of other people. If you see, or hear, bullying, harassment or discrimination happen, here are some of the things you can do. 

Say or do something that makes the behaviour stop

If you feel safe to do so, you can say, or do something, that will immediately make the behaviour stop. For example:

• If your co-workers are making inappropriate remarks, or having an inappropriate conversation, change the subject. You could ask for help with something you’re working on, talk about the great tv show you saw last night or ask if anyone has any exciting plans this weekend.
• Make a light-hearted comment that makes clear that you don’t agree with their behaviour. For example, if someone makes a sexist comment, you could say something like, ‘Woah, have we travelled back in time in the 1950s.’
• Give the perpetrator a disapproving look. 

Call out the unacceptable behaviour

• If you feel safe to do so, let the perpetrator know that you think their behaviour is not ok. For example, you might say, ‘I found that comment to be really racist and I don’t think it’s an appropriate thing to say in this workplace.’
• You can do this in the moment, or, if you think it’s more appropriate, take them aside and talk to them one-on-one.
• Speak calming and clearly and explain why you think their behaviour is wrong. 

Talk to someone you trust about what you saw or heard

If you aren’t sure what to do but you think something needs to be done, talk to someone you trust about what you saw or heard and ask for their advice. 

This might be your manager, someone in your HR department, or someone you know has dealt with this kind of thing before.

If you are responsible for responding to unacceptable workplace behaviour

Sometimes it’s not immediately clear who is responsible for dealing with unacceptable behaviour in a creative workplace, especially if it involves an independent contractor or a volunteer. It can feel even less clear if it’s happening where there are a group of individual artists working in a collaboration.

Every workplace has a legal obligation to do what they reasonably can to make sure their workers are safe. This includes

• taking action to prevent unacceptable workplace behaviour before it happens, and
• responding appropriately if it does. 

Certain other people in the workplace have particular obligations related to keeping everyone safe at work. 

This section is specifically for people with particular obligations related to workplace health and safety, bullying, harassment and discrimination or complaints processes.

This section has information on:

• Prioritising worker safety and wellbeing
• Responding to disclosures or complaints
• Step-by-step guide part 1 — the initial response
• Step-by-step guide part 2 — if the worker makes a complaint
• Considering the need for preventative action

If you do not have any specific obligations, we have helpful information on what to do if you see, or hear about, bullying, harassment or discrimination at work. 

Prioritising safety and wellbeing

Unacceptable workplace behaviour affects everyone differently. However, it is well documented that these behaviours can cause serious physical and psychological harm and workplaces need to take them seriously. 

Workplaces that respond appropriately to incidents of unacceptable behaviour can minimise the harm caused to those affected. 

Workplaces that respond inappropriately can cause further harm. 

As someone with responsibilities related to responding to unacceptable workplace behaviour, your number one priority is to prioritise workers’ health, safety and wellbeing.

Responding to disclosures or complaints

The difference between disclosures and complaints

As someone with workplace obligations related to responding to unacceptable workplace behaviour, you are likely to receive both disclosures and complaints. It’s important to understand the difference.

Key principles for responding to disclosures or complaints

The same key principles apply for both disclosure and complaints. 

• Act promptly
• Treat it seriously
• Support everyone involved
• Maintain confidentiality
• Ensure procedural fairness
• Stay neutral – don’t take sides
• Make sure no one involved is victimised (learn more about victimisation below)
• Clearly communicate the process and the outcomes to the people involved
• Keep records

SafeWork Australia’s Guide to preventing and responding to workplace bullying sets out these principles in more detail. The guide is about bullying, but the principles are the same for harassment and discrimination too.

A step-by-step guide: Part 1 — the initial response 

These are the key steps you should follow if you receive a disclosure. In some cases, you may need to follow these steps in a different order. 

A disclosure is when someone tells you that they have experienced unacceptable workplace behaviour. Learn about the difference between disclosures and complaints. 

Step 1: Check-in and provide information about support services

The first thing you should do if someone tells you they’ve been bullied, harassed or discrimination against is contact them to ask them if they are ok. 

If they want to tell you what happened, listen with sympathy and without judgement. You can make statements like, ‘I’m so sorry you’re feeling this way and I want to make sure that you feel supported by your workplace.’ This statement affirms your commitment to support the individual without any comment about whether the behaviour did, or did not, occur. 

Let them know that there are free and confidential professional support services they can reach out to if they think it would be helpful. Find out where to find support. 

Even if the behaviour turns out not to be unlawful, the individual may still be negatively impacted and may need professional support.  

Step 2: Ask the person how they would like to proceed

Ensuring that the person affected is in control is a key principle of a trauma-informed approach. When someone is bullied, harassed or discriminated against, they may no longer feel safe in the environment. Ensuring that they have choice, and are in control of what happens next, is important to restoring their sense of safety and reducing the risk of further harm.

Ask the person how they would like to proceed and support them in their choice. Let them know what their options are. Some options might include:

• Asking whether they would feel safe speaking with the perpetrator informally, or with you there to support them.
• Suggesting that their manager adds an agenda item about workplace respect and safety to the next team meeting and reminds everyone of their rights and responsibilities in the workplace.
• Letting them know that they can make a formal complaint, and what the process for doing that would look like. Explain that if they choose to do this, you will need to investigate the incident and talk to the perpetrator. 

It’s important to know that many people who experience unacceptable workplace behaviour choose not to make a complaint. There are a range of reasons for this including a fear that nothing will be done or that they will experience negative consequences as a result. Unfortunately, the evidence shows that these are common outcomes. If they choose not to make a complaint, or ask you not to investigate the incident, it’s important that you respect their decision. 

You can also let them know that if they change their mind and decide they do want to make a complaint at a later time, that’s ok. They can come back and speak to you again.

If a person chooses not to make a complaint, there are other things that you can do to reduce the risk of future incidents. If you do this, it’s important to maintain the confidentiality of the person who shared their story with you. Our information on Making safe workplaces can help you take preventative action by setting the standard for a safe, respectful, inclusive and fair workplace. 

Step 3: Take action to prevent further harm

If there is a risk that the behaviour may happen again, to this person or anyone else in the workplace, you must take preventative action. Learn more about considering the need for preventative action.

Even if you aren’t yet sure what happened, or whether it meets the definition of unacceptable workplace behaviour, it is important to take steps to make sure that everyone is safe at work. You need to do this in a way that doesn’t disadvantage any of the people involved. Examples of things you could do include:

• Changing reporting lines so that the people involved aren’t giving or taking direction from each other — as long as everyone is still able to do their work effectively. 

In a group collaboration, this could mean that a subcontracted freelance photographer now takes direction from someone else in the group. 

• Adjusting work locations so that the people involved are not working in the same place — as long as the work in each location is equal or equivalent. 

At a festival, this could mean moving a sound technician to a different stage. 

• Adjusting a roster so that the people involved are not working at the same time — as long as the new roster times suit everyone. 

In a gallery, this could mean rostering attendants for different opening hours.  

A step-by-step guide: Part 2 — if the worker makes a complaint

If a worker chooses to make a complaint, it may lead to an investigation. 

A complaint is a more formal process than a disclosure. A complaint is also sometimes called a report. Learn about the difference between disclosures and complaints. 

The type of investigation will depend on how complex or serious the allegation is, and whether it is an allegation of unlawful workplace behaviour. 

These are the key steps you should follow if a worker chooses to make a complaint that leads to an investigation. In some cases, you may need to follow these steps in a different order. 

Step 4: Talk to the person about what happened

• Make a time as soon as you can to talk with the person who has made the complaint about what’s happening. Find somewhere quiet, private and comfortable, and where no one will overhear or interrupt. Explain the investigation process and let them know you will keep them informed of the progress and outcomes, to the extent that you can while maintaining confidentiality.
• Ask them to tell you what happened. Remember that people affected by trauma may be unable to recall events in detail. Listen with curiosity. Ask open questions, and respond supportively, rather than jumping to conclusions, reaching for solutions or deciding on an immediate course of action.
• Ask them who else was involved, including the perpetrator and any witnesses, and let them know that you might need to talk to these people about what happened.
• Document your conversation. 

Step 5: Work out if it is unacceptable workplace behaviour

• There are different types of unacceptable workplace behaviour, including bullying, several kinds of harassment and discrimination. Learn more about workplace bullying, discrimination and harassment.
• Sometimes misunderstandings happen, particularly in stressful work environments. For example, perhaps a person was repeatedly excluded, or information was not shared with them, because of a genuine mistake about who needed to be included or informed.
• Sometimes you might agree that the behaviour was not okay, but it may not be bullying, harassment or discrimination. Even if it’s not, it’s important to be alert to these kinds of situations so that it doesn’t escalate into unlawful workplace behaviour. Make sure everyone in your workplace understands what behaviours are expected. 

Step 6: If it is unacceptable workplace behaviour — talk to others involved in the incident

• If you find that it is unacceptable workplace behaviour, you will need to talk to the others involved in the incident, including the perpetrator and any witnesses.
• Make a time to talk with each of these people. Find somewhere quiet, private and comfortable, and where no one will overhear or interrupt.
• Ask them to tell you what happened. Listen with curiosity. Ask open questions, and respond supportively, rather than jumping to conclusions, reaching for solutions or deciding on an immediate course of action.
• Document your conversations. Make sure your notes are detailed and accurate.
• If the allegations involve several victims, or cover a long period of time, you may need to speak to several people.

The SA Public Sector’s Preventing and Addressing Bullying in the Workplace Guideline has helpful information on how to ask for information, including a template for recording the conversations. It is not specifically for arts organisations, but the information is useful for everyone. 

Step 7: Finalise your investigation report and implement your recommendations

Write a report of what you have found in your investigation, and recommendations for how the issue can be resolved. Your recommendations for resolving the issue will be different depending on the type of unacceptable workplace behaviour involved and whether your investigation determined that it happened. Recommendations could include:

• Emailing information about support services to all workers
• Providing professional counselling to affected workers
• Requesting an apology from the perpetrator
• Getting a commitment from the perpetrator that they will stop engaging in unacceptable workplace behaviours
• Issuing a verbal or written warning for the perpetrator
• Providing training or coaching to the perpetrator
• For incidents involving serious or repeated poor behaviour, including certain types of sexual harassment, firing the perpetrator. 

Make sure that a copy of the report is saved so that it can be referred to if there is another similar allegation made in the future.

If necessary, discuss your recommendations with a co-worker or senior manager, while maintaining confidentiality, before taking action. 

Step 8: Tell those involved of the outcome of your investigation

It’s important to keep those involved in the investigation, especially the person affected and the perpetrator, informed about what’s happening. In some cases, you will not be able to share detailed information because of confidentiality.

When you have concluded your investigation, let everyone involved know the outcome. If possible within the bounds of confidentiality, share with them the action you will be taking in response.

Even if your investigation was unable to confirm that the unacceptable behaviour happened, you can let those involved know that you take workplace health, safety and respect seriously and that you will be considering further action you can take to make sure everyone is safe at work.

Considering the need for preventative action

You should regularly consider whether it would be appropriate to take broad preventative action to reduce the risk of unacceptable workplace behaviour occurring in the future. This is regardless of whether there has been a disclosure or complaint, or what the outcome of any investigation was. 

Preventative action could include:

• Sharing information about support services with all workers.
• Reminding workers of the relevant workplace policies and processes.
• Implementing, or updating, an unacceptable workplace behaviour or complaints policy.
• Asking managers to have informal conversations with their teams about workplace rights and responsibilities.
• Conducting formal training to make sure everyone understands their rights and responsibilities in the workplace.

Preventative actions, such as identifying and managing harmful behaviours, is part of managing psychosocial risks in the workplace. Learn more about managing hazards and risks and psychosocial hazards.