1. HRM Legal Frameworks in Australia
As soon as you are responsible for the management of people, you need to ensure that you are aware of and comply with all relevant Human Resource Management legal frameworks
There are various national, state, industry and organisation specific regulations including –
Federal Legislation
Federal Regulations and Guidelines
State Legislation
State Regulations and Guidelines
Industry Specific Regulations and Guidelines
Organisational Policies and Procedures

2. HRM Legal Frameworks in Australia
Breaches of legislation,
regulations, guidelines
and organisational policies
and procedures
As a people manager you can be held personally liable for breaches of legislation, regulations, guidelines and organisational policies and procedures.
It is common knowledge that you can be convicted for not complying with HRM legislation and regulations, but recent cases have set precedents for court action where organisational policies and procedures have not been correctly followed.
If your organisation has documented HRM policies and procedures that are not being followed, then legal action can be taken against the organisation and people leaders who have not implemented the policies and procedures correctly.

3. Fair Work Act 2009
Some of the significant changes in major areas such as -
Agreement making
Assistance for the low-paid
Dismissal
Dispute resolution
General protections
Good faith bargaining
Industrial action—no formal start of bargaining
Minimum wage setting
National Employment Standards
Visit for further information
On 1 July 2009 Fair Work Australia began operations as part of a new national workplace relations system underpinned by the Fair Work Act 2009.

4. Federal Discrimination Legislation
Age Discrimination Act 2004
Disability Discrimination Act 1992
Human Rights and Equal Opportunity Commission Act 1986
Race Discrimination Act 1975
Sex Discrimination Act 1984
The Australian Human Rights Commission administers these laws. They have the authority to investigate and conciliate complaints of discrimination and human rights breaches
Visit for further information
The federal Parliament has passed a number of laws which aim to protect people from discrimination in public life and from breaches of their human rights -
Age Discrimination Act 2004
Disability Discrimination Act 1992
Human Rights and Equal Opportunity Commission Act 1986
Race Discrimination Act 1975
Sex Discrimination Act 1984
The Australian Human Rights Commission administers these laws. They have the authority to investigate and conciliate complaints of discrimination and human rights breaches
Visit for further information

5. Age Discrimination
The Age Discrimination Act 2004 helps to ensure that people are not treated less favourably on the ground of age in various areas of public life including:
The Act also provides for positive discrimination – that is, actions which assist people of a particular age who experience a disadvantage because of their age
employment
provision of goods and services
education
administration of Commonwealth laws and programs

6. Disability Discrimination
The Disability Discrimination Act 1992 has as its major objectives to
eliminate discrimination against people with disabilities
promote community acceptance of the principle that people with disabilities have the same fundamental rights as all members of the community, and
ensure as far as practicable that people with disabilities have the same rights to equality before the law as other people in the community.

7. Race Discrimination
The Racial Discrimination Act 1975 gives effect to Australia's obligations under the International Convention on the elimination of all forms of racial discrimination.
Its major objectives are to -
promote equality before the law for all persons, regardless of their race, colour or national or ethnic origin, and
make discrimination against people on the basis of their race, colour, descent or national or ethnic origin unlawful.

8. Sex Discrimination
The Sex Discrimination Act 1984 gives effect to Australia's obligations under the Convention on the Elimination of All Forms of Discrimination Against Women and certain aspects of the International Labour Organisation (ILO) Convention 156
Its major objectives are to -
promote equality between men and women
eliminate discrimination on the basis of sex, marital status or pregnancy and, with respect to dismissals, family responsibilities, and
eliminate sexual harassment at work, in educational institutions, in the provision of goods and services, in the provision of accommodation and the delivery of Commonwealth programs.

9. Other Federal Legislation
Affirmative Action (Equal Employment Opportunity for Women) Act 1986
Racial Hatred Act 1995
Workplace Gender Equality Act 2012
Work Health and Safety (Commonwealth Employment) Act 2011
Workplace Relations Act 1996
Workplace Relations Regulations 1996
Privacy Act 1988

10. State Based Legislation - NSW
is the official NSW Government website for online publication of legislation and is provided and maintained by the Parliamentary Counsel’s Office
Major NSW Human Resource legislation includes -
Work Health and Safety Act 2011
Workers Compensation Act 1987

11. Work Health and Safety
The objectives of the Work Health and Safety Act 2011 (NSW) are to -
secure and promote the health, safety and welfare of people at work
protect people against workplace health and safety risks
provide for consultation and cooperation between parties involved in work in achieving the objects of the Act
ensure that risks are identified, assessed and eliminated or controlled,
develop and promote community awareness of work health and safety issues,
provide a legislative framework that allows for progressively higher standards of work health and safety to take account new technologies and work practices
protect people against risks arising from the use of plant (i.e. machinery, equipment or appliances).
Source -

12. Workers Compensation by MarkKenji on Flickr
Workers compensation provides protection to workers and their employers in the event of a work related injury or disease.
Through the workers compensation system injured workers may have an entitlement to weekly payments, lump sums for permanent impairment (and pain and suffering where applicable), payment of medical bills, provision of legal assistance to pursue a claim and intensive rehabilitation assistance
All employers must have a workers compensation policy to insure themselves against compensation claims for workplace injuries if they pay more than $7,500 in wages, employ an apprentice or trainee, or are part of a group for premium purposes
The NSW workers compensation system operates under the Workers Compensation Act 1987 and the Workplace Injury Management and Workers Compensation Act 1998
Source -

13. Workers Compensation in NSW
The New South Wales workers compensation system comprises four elements - .
New South Wales WorkCover Scheme
SICorp
Self-insurers
Specialised insurers
The New South Wales workers compensation system comprises four elements -
New South Wales WorkCover Scheme – which provides workers compensation insurance through contracted Scheme Agents to employers operating in New South Wales.
SICorp (through the Treasury Managed Fund) – manages workers compensation, administration and financial liability for most public sector employers except those who are self-insurers.
Self-insurers – organisations with enough capital to underwrite, pay and manage their own claims. There are strict criteria that employers must meet prior to WorkCover granting a self-insurers licence.
Specialised insurers – underwrite workers compensation insurance risk for a specific industry or class of business or employers.
Source -

14. Bullying and Harassment
Falls more under regulations or guidelines
Not specifically defined in legislation but normally falls under Anti Discrimination
Bullying may not be unlawful under federal and state anti-discrimination legislation
Can be hard to take action unless the harassment also involves some form of obvious discrimination covered by law
Often included in organisational HR policies and procedures
* Sourced from

15. Bullying and Harassment
Bullying behaviour may include -
physical or verbal abuse
yelling, screaming or offensive language
excluding or isolating employees
psychological harassment
intimidation
assigning meaningless tasks unrelated to the job
giving employees impossible jobs
deliberately changed work rosters to inconvenience particular employees
undermining work performance by deliberately withholding information vital for effective work performance
Definition of workplace bullying is "the repeated less favourable treatment of a person by another or others in the workplace, which may be considered unreasonable and inappropriate workplace practice. It includes behaviour that intimidates, offends, degrades or humiliates a worker." (Source ACTUQ/QCCI/Qld Govt Dept of Workplace Health and Safety)
Bullying behaviour may include -
physical or verbal abuse
yelling, screaming or offensive language
excluding or isolating employees
psychological harassment
intimidation
assigning meaningless tasks unrelated to the job
giving employees impossible jobs
deliberately changed work rosters to inconvenience particular employees
undermining work performance by deliberately withholding information vital for effective work performance
* Sourced from

16. Organisational Policies and Procedures
Human Resource Management Policies and Procedures:
Protect workers rights and safety
Avoid legal action
Assign some of the responsibility to people leaders
Most medium and large organisations have specifically documented Human Resource Management Policies and Procedures
These must comply with relevant legislation and be followed by all people leaders in order to avoid legal action
Why have them?
Protect workers rights and safety
Avoid legal action
Assign some of the responsibility to people leaders

17. Common HR Policies and Procedures
Equal Employment Opportunity
Work Health and Safety
Recruitment and Termination
People Management
Poor Performance Management
Employee complaint procedures
There may be others….it is your job to find them and
follow them!