What is workplace sexual harassment under Australian law?
Sexual harassment is unwelcome conduct of a sexual nature that a reasonable person would anticipate would make another person feel offended, humiliated, or intimidated. It is unlawful under the Sex Discrimination Act 1984 (Cth) and applies to workplaces, education institutions, and the provision of goods and services.
What are the new positive duty obligations on employers in Australia?
Since December 2022, employers in Australia have a positive duty under the Sex Discrimination Act 1984 to take reasonable and proportionate measures to eliminate sexual harassment, sex discrimination, and hostile workplace environments. The AHRC can investigate and enforce this duty proactively.
Where can I report workplace sexual harassment in Australia?
You can lodge a complaint with the Australian Human Rights Commission (AHRC) at humanrights.gov.au. You can also apply to the Fair Work Commission under the Stop Sexual Harassment jurisdiction, which allows for a stop order to be issued quickly while the matter is investigated.
What is the Stop Sexual Harassment order process at the Fair Work Commission?
Since 2021, the Fair Work Commission can issue a Stop Sexual Harassment Order to prevent further harassment. You apply directly to the FWC, and a conciliation conference is typically held promptly. This is available to workers, contractors, volunteers, and interns.
Is there a time limit for lodging a sexual harassment complaint in Australia?
For AHRC complaints, the general approach is to lodge as soon as possible, ideally within 24 months of the conduct. For Fair Work Commission stop orders, apply as soon as possible given the protective nature of the order. State human rights bodies have their own time limits.
Can I report workplace sexual harassment to police in Australia?
Yes. If the conduct constitutes a criminal offence — such as indecent assault or stalking — you can report to police in addition to pursuing civil remedies through the AHRC or Fair Work Commission. Criminal and civil pathways can run simultaneously.
What compensation can I receive for workplace sexual harassment in Australia?
Through AHRC conciliation or court proceedings, you may receive compensation for loss of earnings, hurt and humiliation, medical expenses, and future economic loss. Compensation amounts vary significantly depending on the severity of conduct and its impact on your wellbeing and career.
Should I report sexual harassment internally to my employer first?
You are not required to report internally before making an AHRC or Fair Work complaint. However, using your employer's internal complaints process creates a record. If your employer retaliates against you for making a complaint, that retaliation is itself unlawful under the Sex Discrimination Act.
What can and cannot be done without a lawyer for sexual harassment in Australia?
Lodging an AHRC complaint, applying for a Fair Work Stop Sexual Harassment Order, and participating in conciliation are all processes designed for self-represented complainants. Court proceedings following unsuccessful conciliation are more complex and legal assistance is recommended.
How does uplaw.ai help with sexual harassment complaints in Australia?
Tell us what happened, when it occurred, and who was involved in the chat. We help you identify whether the AHRC or Fair Work Commission pathway is right for your situation and prepare your complaint with the relevant facts and legislation clearly set out.
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