Legal responsibilities

Everyone has the right to be safe and free from sexual harassment while at work. Likewise, everyone has a role to play in preventing workplace sexual harassment. However, there are different legal responsibilities for different people in the workplace.

Under the Sex Discrimination Act, a person who commits workplace sexual harassment can be held personally liable (legally responsible). Employers can also be held liable for workplace sexual harassment by their employees, unless they can show that they have taken 'all reasonable steps' to prevent the sexual harassment from occurring.

Work health and safety (WHS) laws place responsibilities on organisations, workers and others in a workplace to take steps to prevent and address sexual harassment.

PCBUs (persons conducting a business or undertaking), such as employers, have a responsibility to do everything they reasonably can to make sure the workplace is safe. This includes taking action to prevent, and respond to, workplace sexual harassment.

Officers (key decision makers) must exercise due diligence to ensure that the organisation complies with WHS obligations.

Workers are responsible for taking reasonable care of their own health and safety while at work, and not negatively impacting the health and safety of others. This includes not sexually harassing others and following reasonable instructions from their employer.

Others in the workplace (including customers, clients and patients) are responsible for taking reasonable care of their own health and safety, and not negatively impacting the health and safety of others. This includes not sexually harassing others and following reasonable instructions relating to health and safety

Employers and individuals who do not comply with their obligations can face financial penalties and/or jail time.

To learn more about legal responsibilities related to workplace sexual harassment, visit the 'Education and training' section of the website.