ABSTRACT
Commonwealth laws and the state/territory laws generally cover the same grounds and areas of discrimination, although there are some gaps in the protection offered between different states and territories and at a Commonwealth level. In addition, there are circumstances where only the Commonwealth law would apply or where only the state law would apply. Though it is more unusual, an employer may also be prosecuted for bullying under state health and safety laws rather than the Fair Work Act, as the employer owes employees a statutory duty of care under occupational health and safety acts. The objects of the Discrimination Act 1991, as republished in 2015 are, in relevant part: to eliminate, so far as possible, discrimination to which this Act applies in the areas of work; to eliminate, so far as possible, sexual harassment in the area of work.
