Cyber Harassment Definition

Looking for a cyber harassment definition in Australian legislation produces a surprise. There is no single offence of that name. The conduct is covered by several regimes at once.

Anti-discrimination law, where the conduct is tied to a protected attribute such as sex, race, age or disability.

Work health and safety law, which treats harassment as a psychosocial hazard the employer must manage.

Fair Work provisions, including stop bullying and stop sexual harassment orders.

Criminal law, for the most serious conduct such as menacing or harassing use of a carriage service, stalking or threats.

The practical consequence is that the same behaviour can be dealt with through more than one pathway, with different remedies and timeframes, and the affected person often gets to choose.

The Australian Human Rights Commission covers the workplace duties. This is general information rather than legal advice, and obligations vary by state and territory.

See Sentrient’s internet and social media course and workplace policy templates.