How The Australian Government Reviews HR Policies

In Australia, having a set of HR policies on paper isn’t enough — the government expects organisations to demonstrate that those policies are compliant, applied in practice, and regularly reviewed. Employers are monitored through a mix of legislation, regulator audits, and complaint-driven investigations, each designed to ensure workplaces are fair, safe, and lawful.

Australian Government - HR Policies

Fair Work and employment law compliance

The Fair Work Ombudsman (FWO) is the frontline regulator for employment matters. Its inspectors can review HR policies and practices to check whether they align with the Fair Work Act, modern awards, and enterprise agreements. This includes looking at pay structures, leave policies, grievance procedures, and termination processes. Non-compliance can trigger formal notices, enforceable undertakings, or legal proceedings.

Workplace safety and wellbeing

Safe Work Australia and state-based regulators (like WorkSafe in Victoria or SafeWork NSW) examine whether organisations’ policies meet occupational health and safety (WHS) laws. Reviews often focus on bullying and harassment procedures, incident reporting systems, risk management frameworks, and mental health supports. Employers are expected to prove they are preventing harm, not just reacting to it.

Anti-discrimination and diversity checks

The Australian Human Rights Commission (AHRC) reviews HR policies when discrimination, harassment, or equal opportunity complaints arise. Increasingly, organisations are expected to have proactive measures in place — policies on sexual harassment, gender equality, disability inclusion, and cultural diversity. The Workplace Gender Equality Agency (WGEA) also conducts annual reporting for larger employers, reviewing data and policies around pay equity, flexible work, and gender balance.

Corporate governance and sector-specific oversight

For organisations in regulated sectors — such as aged care, education, or financial services — HR policies are also scrutinised by industry-specific regulators. For example, the Aged Care Quality and Safety Commission assesses staffing, training, and conduct policies to ensure they meet care standards. Similarly, the Australian Securities and Investments Commission (ASIC) may review whistleblowing and misconduct procedures in financial services firms.

How reviews are triggered

Government reviews can be triggered by routine audits, annual reporting requirements, or complaints from employees, unions, or the public. Increasingly, regulators are adopting a risk-based approach, focusing on industries or employers with a history of breaches or high-risk work environments.

The bottom line

Australian regulators don’t just check whether an HR manual exists — they assess whether policies are legally compliant, embedded in day-to-day practice, and capable of protecting employees’ rights. For employers, this means keeping policies current, training managers to apply them consistently, and treating compliance as an ongoing responsibility rather than a one-off exercise.