Responding to workplace sexual harassment
A victim-centred guide to the legal test for workplace sexual harassment in Australia and the 2022 Respect@Work amendments (the employer's duty to prevent), the three reporting paths of the internal process, the Fair Work Commission and the AHRC, plus how to record evidence and access psychological support.
What workplace sexual harassment is — the legal test
Australia's federal Sex Discrimination Act 1984 defines sexual harassment as unwelcome conduct of a sexual nature in circumstances where a reasonable person would have anticipated the possibility that the other person would feel offended, humiliated or intimidated. The perpetrator's intention is not a requirement, and it need not be repeated, so even a single act can amount to harassment. It includes not only direct physical contact but also sexual jokes and remarks, conduct at work social events, text/messenger/social media messages, sending photos and more, and the perpetrator may be a manager or colleague — or a third party such as a customer or client. Above all, remember that sexual harassment is not the victim's fault.
This is a separate legal framework from pay and dismissal disputes (work-complaint)
Disputes over working conditions, such as unpaid wages or unfair dismissal, are handled through separate paths — such as a report to the Fair Work Ombudsman or the unfair dismissal remedy process — and our reporting workplace problems (work-complaint) guide covers these. Sexual harassment is governed by a separate legal framework — the Sex Discrimination Act and the sexual harassment prohibition provisions of the Fair Work Act — with different bodies, procedures and time limits. General bullying without a sexual character also has different remedies, so if the two problems overlap, it is best to consider each path together.
The 2022 Respect@Work amendments — the company's positive duty to prevent
The Respect@Work amendment legislation passed in 2022 is a major turning point for Australia's workplace sexual harassment framework. At its core is the positive duty imposed on employers: a company must take reasonable and proportionate measures in advance to eliminate, as far as possible, sexual harassment, sex discrimination and sexually hostile work environments. The old framing that 'the company is not responsible unless the victim reports' no longer holds — responding only after a report is received is not enough; prevention itself is a legal duty.
Basic response order: safety → record → advice → choose whether to report
① Secure safety — 000 if there is an immediate danger; 1800RESPECT (24 hours) in a psychological crisis. ② Record — note the date, time, place, details and witnesses as they happen, and preserve messages. ③ Seek advice through trusted channels — talk with colleagues, family, 1800RESPECT, a trade union or Legal Aid to understand your options. ④ Choose whether to report — decide at your own pace on the path that suits your situation, among the internal process, the Fair Work Commission, the AHRC and (for criminal-level conduct) the police.
- The company has a duty to have sexual harassment prevention policies, training and safe reporting systems in place — if it does not, that in itself can be an indication of a breach of duty
- The risk of sexual harassment by third parties such as customers and clients is also within the scope of the company's duty to prevent
- The AHRC (Australian Human Rights Commission) has the power to investigate a company's compliance with its duty to prevent and require corrective action, even without an individual complaint
Whether to report is entirely your choice, and deciding not to report is not a fault. Just remember that the company's duty to prevent exists regardless of whether the victim reports — silence does not absolve the company.
Gathering evidence and keeping records — what to keep and how
Whatever reporting path you choose, a record is your most powerful tool. Memory fades over time, and sexual harassment often happens without witnesses, so a record made at the time is especially valuable. Write it down as soon as possible after the incident, focusing on facts rather than emotions. A method that leaves a timestamp — a diary, a notes app, an email to yourself — is best.
- Record the date, time, place, specific conduct, surrounding context and names of witnesses for each incident
- For text/messenger/email and social media messages, do not delete them — keep screenshots plus the originals (with the sender and date visible)
- Also record the content of internal reports and the company's replies and actions (or lack of action), with dates — reporting in writing (by email) automatically leaves a record
Do not store evidence only on company devices or company accounts — you can lose it if your account access is cut off. Keep personal copies, but note that removing large amounts of company confidential material unrelated to your case can be a separate problem, so limit it to material relating to your own case.
The four reporting paths — where to report
There are broadly four reporting paths, and they are not mutually exclusive — you can skip an internal report and go to an external body, or pursue them in parallel. The time limits and requirements of each path differ, so before deciding it is best to check the combination that suits your situation through free advice such as Legal Aid.
Report in writing through the company's reporting process (HR / grievance handling) to leave a record. The company must investigate and take protective measures under its duty to prevent. If the perpetrator is a decision-maker and you cannot trust the internal process, you may skip it.
If you are still employed and there is a risk the harassment will continue, you can apply for a stop sexual harassment order. Since March 2023, a dispute application under the sexual harassment prohibition in the Fair Work Act is also possible (conciliation; in principle within 24 months of the conduct).
If you lodge a complaint under the Sex Discrimination Act, a free conciliation is conducted. It is available even after you have left the job, and may be terminated once 24 months have passed since the conduct, so it is best to act promptly (check the AHRC for the current time limit). If conciliation is unsuccessful, it can lead to proceedings in the federal court.
Criminal-level conduct such as indecent assault or sexual assault is a matter for the police. In an emergency call 000; otherwise report via the police assistance line (131 444, in some states) or your nearest police station. A criminal report and the civil paths above can be pursued at the same time.
Psychological support and help lines — you don't have to bear it alone
You don't have to cope with this alone. The support services below are mostly free and can be used regardless of your visa status. Seeking advice creates no obligation to report, so talk to someone first when you are unsure.
- 1800RESPECT (1800 737 732) — free 24-hour national counselling for sexual assault and sexual harassment. Available by phone and online chat, with interpreter support
- Lifeline (13 11 14) — 24-hour support in a psychological crisis. If anxiety, insomnia and the like persist, also consider a referral to psychological treatment through your GP (a Mental Health Treatment Plan)
- If English is a barrier, you can speak with most government agencies and counselling services free of charge through the TIS National (131 450) interpreting service
- Free legal advice from a trade union, your state's Legal Aid and Community Legal Centres — to check which reporting path is best for your individual situation
- If you have suffered psychological injury (anxiety disorder, depression, etc.) connected to your work, also check whether you may be able to make a state-based workers compensation claim — medical costs and income support may be available (see the workers compensation guide)
Five cautions and common misconceptions
These are the traps and misconceptions that victims often encounter during the response process. Knowing them in advance helps you protect your rights.
- Self-censorship — 'Am I being too sensitive?' — the legal test is the 'reasonable person' standard, and the perpetrator's intention or the explanation 'it was just a joke' is not a requirement. If it made you uncomfortable, start by recording it
- Letting time slip by — an AHRC complaint may be terminated once 24 months have passed since the conduct, and if dismissal is involved there can be a 21-day time limit. Even if you have not decided to report, do not put off keeping records and seeking advice
- The misconception that 'you must report to the company first before you can report externally' — the internal process is not a precondition; you can report directly to the AHRC, the FWC or the police
- Staying silent out of fear of visa consequences — sexual harassment protection applies regardless of your visa status. 'Report it and your visa will be cancelled' is merely a threat, and if you are anxious, check first with Legal Aid (see the migrant workers' rights guide)
- Putting up with retaliation — victimisation such as dismissal, exclusion or ostracism after reporting is itself a separate unlawful act. Record it as soon as it happens and include it in any further report
Useful official links
- Respect@Work (AHRC)(opens in a new window)
The official Respect@Work portal run by the AHRC — information on the legal test for sexual harassment, the employer's positive duty to prevent it, and workers' rights
- Australian Human Rights Commission(opens in a new window)
Australian Human Rights Commission (AHRC) — guidance on lodging a complaint under the Sex Discrimination Act and the free conciliation process
- Fair Work Commission — Sexual Harassment(opens in a new window)
Fair Work Commission — how to apply for a stop sexual harassment order and to make a sexual harassment dispute application, with the relevant forms
- Fair Work Ombudsman(opens in a new window)
Fair Work Ombudsman — workplace rights generally, with multilingual support and a referral point for separate issues such as pay and dismissal
- 1800RESPECT(opens in a new window)
1800RESPECT (1800 737 732) — a free 24-hour national counselling service for sexual assault and domestic violence, with interpreter support available
Frequently Asked Questions
Can a one-off joke or a remark at a work social event count as sexual harassment?▾
Yes, it can. Under the Sex Discrimination Act, sexual harassment does not require repetition, so even a single act can amount to harassment. The test is whether it is 'unwelcome conduct of a sexual nature in circumstances where a reasonable person would have anticipated the possibility that the other person would feel offended, humiliated or intimidated', and this includes jokes, remarks at work social events and messages. It is judged by the conduct itself and its context, not by the perpetrator's intention.
What should I do if the perpetrator is not an employee but a customer or member of the public?▾
Yes. Even if the perpetrator is not a manager or colleague but a customer, a client's employee or a member of the public, it can still amount to workplace sexual harassment. In particular, under the 2022 Respect@Work amendments, employers have a positive duty to take preventive steps — including against the risk of harassment by third parties — so you can inform your employer of the situation and ask for protective measures (changing your work arrangements, taking you off serving that customer, and so on).
I hold a temporary visa (working holiday or student visa) — will reporting put my visa at risk?▾
Protection from sexual harassment applies to everyone who works in Australia, regardless of visa type or residency status. Working holiday and student visa holders can equally lodge a complaint with the AHRC or make an application to the Fair Work Commission. Being told 'if you report it, your visa will be cancelled' is a classic threat used to silence victims. If you have visa-related concerns, get free advice from Legal Aid or a Community Legal Centre to check your situation before reporting.
Can I still report even though I have already left the job?▾
Yes. You can lodge a complaint with the AHRC (Australian Human Rights Commission) even after you have left the job. However, a complaint lodged more than 24 months after the conduct may be terminated at the Commission's discretion, so it is best to lodge as soon as possible (check the AHRC official site for the current time limit). A Fair Work Commission stop sexual harassment order assumes you are still employed and there is a risk the harassment will continue, so after leaving a job, consider other paths such as an AHRC complaint or an FWC dispute application.
What happens if I am dismissed or subjected to retaliation after reporting?▾
Victimisation — such as being dismissed, having your hours cut or being ostracised because you reported — is itself a separate unlawful act. If victimisation occurs, record the date, time and details immediately, and you can include it in an AHRC complaint or consider the Fair Work general protections process. If you have been dismissed, related applications carry short time limits (unfair dismissal and general protections dismissal applications are generally 21 days), so contact the Fair Work Commission or Legal Aid without delay.
Do I have to report to my company first before I can report to an external body?▾
No. An internal report is not a mandatory precondition. You can lodge an AHRC complaint or make a Fair Work Commission application without going through your company's process, and criminal-level conduct can be reported to the police directly. That said, a record of an internal report can serve as evidence that the company knew and did nothing, so it is often worthwhile. If you find it hard to trust the internal process (for example, where the perpetrator is a decision-maker), you can proceed straight to an external path.
Is there a cost to reporting or getting advice? Is free support available?▾
Lodging an AHRC complaint and the conciliation process are free. A Fair Work Commission application has a small application fee, but you can apply for a waiver in cases of financial hardship (check the FWC official site for the amount). Each state's Legal Aid and Community Legal Centres provide free legal advice, and 1800RESPECT (1800 737 732) is a free 24-hour counselling service. If you need an interpreter, you can speak with most agencies free of charge through TIS National (131 450).