Where an applicant is no longer employed, the employment relationship has ended, and future reinstatement is speculative and uncertain, there cannot be a risk that the person will continue to be bullied at work by individuals identified in the application because the person is no longer at work.

Stop bullying and stop sexual harassment orders are not available in cases where there is no risk of harassment occurring again, such as when the person who harassed the worker is no longer employed at the workplace.

For a stop-bullying order to be made, the Commission must be satisfied that there is a risk that the worker will continue to be bullied at work by the identified individual(s). Where the worker is no longer employed, there cannot be a risk of continuing bullying at work, and speculation about potential future reinstatement does not establish the necessary future risk.

The unreasonable behaviour must create a risk to health and safety with a causal link between the behaviour and the risk. The behaviour does not have to be the only cause of the risk, provided it was a substantial cause viewed in a common sense and practical way. A risk means the possibility of danger (not actual danger), but the risk must be real and not merely conceptual.

The unreasonable behaviour must also create a risk to health and safety. Therefore there must be a causal link between the behaviour and the risk to health and safety. Cases on causation in other contexts suggest that the behaviour does not have to be the only cause of the risk, provided that it was a substantial cause of the risk viewed in a common sense and practical way.

A risk to health and safety means the possibility of danger to health and safety, and is not confined to actual danger to health and safety. The ordinary meaning of 'risk' is exposure to the chance of injury or loss. In the sense used in this provision, the risk must also be real and not simply conceptual.

A risk to health and safety means the possibility of danger to health and safety (not confined to actual danger) and the ordinary meaning of 'risk' is exposure to the chance of injury or loss. The behaviour does not have to be the sole cause of the risk provided it was a substantial cause viewed in a common sense and practical way. The risk must be real and not simply conceptual.

The behaviour must create a risk to health and safety with a causal link between the behaviour and the risk. The behaviour does not have to be the only cause of the risk, but must be a substantial cause viewed in a common sense and practical way. A risk is the possibility of danger to health and safety, not necessarily actual danger, and must be real, not simply conceptual.

The unreasonable behaviour must also create a risk to health and safety. Therefore there must be a causal link between the behaviour and the risk to health and safety. The behaviour does not have to be the only cause of the risk, provided that it was a substantial cause of the risk viewed in a common sense and practical way.

A risk to health and safety means the possibility of danger to health and safety, and is not confined to actual danger to health and safety. The ordinary meaning of 'risk' is exposure to the chance of injury or loss. In the sense used in this provision, the risk must also be real and not simply conceptual.

Employees have a duty under OHS legislation to cooperate with their employer in action taken to comply with OHS obligations, including investigation of workplace bullying allegations.

For the Commission to make a stop-bullying order under s.789FF(1), it must be satisfied not only that bullying has occurred but also that there is a risk that the worker will continue to be bullied at work by the identified individual(s).