Where to seek help if you've experienced workplace sexual harassment
Introduction
Workers who have experienced workplace sexual harassment need clear, up-to-date, relevant and easily accessible information to help them come to terms with their experiences and to enforce their rights.
If a worker has experienced workplace sexual harassment, there are a range of options that may be available to them to address that behaviour. For example, they can report the behaviour directly to their supervisor or human resources area at work, with their employer or workplace determining how the matter will be handled.
Alternatively, the worker may choose to have the matter handled by someone outside of their workplace. For example, they may decide to use an external pathway, such as making a formal complaint about the workplace sexual harassment to an external agency.
This tool is focused on providing information about certain organisations (external avenues) that may be able to help you if you have experienced workplace sexual harassment. As you go through the tool, you will be asked a series of questions about your situation. If at any time you find the process upsetting or you feel unsafe, you can phone the police on 000, 1800RESPECT on 1800 737 732 for 24 hour support for people impacted by sexual assault, domestic or family violence and abuse or Lifeline for crisis support on 13 11 14. A list of support services is provided below.
For each answer you give, a response will be provided with information about the external avenues that may be available to you. You may wish to keep track of the information provided and can do so by taking notes as you go through each question. The process may take approximately 15 to 20 minutes to complete.
Please note, the information provided is of a general nature only. Much of it has been summarised and is therefore not an exhaustive statement of the law or the jurisdictions and functions of the external avenues mentioned. For more information about each of these external avenues and their relevant jurisdictions, you can go to the external pathways page sand download national and/or state/territory guides.
This tool is not a substitute for independent professional advice. The responses provided are for information purposes only and are not intended to discourage you from seeking help. For tailored advice, please see the legal and advocacy services listed in the support services provided below.
Understanding your options
If you have experienced workplace sexual harassment, there may be several options available to you to seek help depending on your individual circumstances. For example, you may be able to:
- Seek support, advice and advocacy from a range of different services, such as legal assistance and mental health and well-being support services.
- Lodge a sexual harassment complaint with an anti-discrimination or human rights body.
- Lodge an application in relation to a stop sexual harassment order (or a stop bullying and sexual harassment order), general protections, unlawful termination or unfair dismissal with the Fair Work Commission.
- Lodge an application with a state industrial relations body if you have been unfairly dismissed because of the workplace sexual harassment or, in Western Australia specifically, apply for an order to stop bullying or sexual harassment.
- Lodge a workers’ compensation claim with your employer or through a workers’ compensation organisation if the workplace sexual harassment has caused you physical or mental injury or illness.
- Report the workplace sexual harassment as a work health and safety (WHS) issue to a WHS regulator.
- Report the workplace sexual harassment to police if you believe criminal conduct has occurred.
To identify which option may be relevant to you, please carefully read through each question and choose the answer that best reflects your individual circumstances.
It can be difficult if you have experienced workplace sexual harassment to identify and navigate support services that may be available to you. Support services can play a vital role in reducing the ongoing harm of sexual harassment by providing an opportunity to feel understood and validated, and by potentially decreasing the likelihood and severity of negative psychological outcomes.
Below is a list of support services that may be able to assist you.
Sexual harassment and sexual assault support services
1800RESPECT
1800RESPECT is a telephone and online counselling and support service for people who have experienced, or are at risk of experiencing, sexual, domestic or family violence, including workplace sexual harassment. You can contact 1800RESPECT on 1800 737 732 and find more information on the 1800RESPECT website.
State and territory assistance
There are services available in each state and territory which can provide support to people affected by sexual assault.
- ACT:
- Canberra Rape Crisis Centre: https://crcc.org.au/contact-us/
- Canberra Sexual Health Centre: https://www.health.act.gov.au/services-and-programs/sexual-health/sexual-assault-care
- Service Assisting Male Survivors of Sexual Assault: https://samssa.org.au/contact/
- NSW:
- Full Stop Australia’s NSW Sexual Violence Helpline: https://fullstop.org.au/contact-us
- NT:
- Sexual Assault Referral Centres: https://nt.gov.au/wellbeing/hospitals-health-services/sexual-assault-referral-centres
- Queensland:
- Brisbane Rape & Incest Survivors Support Centre: https://brissc.org.au/contact/
- Sexual Assault Helpline: https://www.dvconnect.org/sexual-assault-helpline/
- SA:
- Yarrow Place Rape & Sexual Assault Service: https://www.wchn.sa.gov.au/our-network/yarrow-place
- Tasmania:
- Laurel House: https://laurelhouse.org.au/contact/
- Sexual Assault Support Service: https://www.sass.org.au
- Victoria:
- Sexual Assault Crisis Line: https://www.sacl.com.au/contact-us/
- Centres Against Sexual Assault: https://casa.org.au/contact-us/
- WA:
- Sexual Assault Resource Centre: https://www.kemh.health.wa.gov.au/other-services/sarc
- Waratah Support Centre: https://www.waratah.asn.au/view/contact-us
Mental health support services
If you require mental health support, the below services may be able to provide free mental health assistance.
Beyond Blue
Beyond Blue is a mental health and wellbeing support organisation, which can provide information and support to persons affected by depression and anxiety. You can contact Beyond Blue for 24/7 advice and support on 1300 224 636. You can find more contact information on the Beyond Blue website.
Headspace
Headspace can provide mental health and wellbeing support to young people aged 12 to 25 years. You can find contact information for Headspace on the Headspace website.
Lifeline
Lifeline is Australia's leading suicide prevention service, which provides 24-hour crisis support to people experiencing personal crisis. You can contact Lifeline on 13 11 14. You can find more contact information on the Lifeline website.
SANE
SANE offers connection and community to people with complex mental health issues including trauma. You can contact the SANE helpline on 1800 187 263 or at getsupport@sane.org. You can find more information on the SANE website.
Suicide Call Back Service
The Suicide Call Back Service provides free professional 24/7 telephone and online counselling support to people at risk of suicide, concerned about someone at risk of suicide, bereaved by suicide and people experiencing emotional or mental health issues. You can contact the Suicide Call Back Service on 1300 659 467. You can find contact information on the Suicide Call Back Service website.
State and territory assistance
There are mental health phone lines available in each state and territory which can provide mental health support.
- ACT: Access Mental Health is a free telephone intake, referral and information service which operates 24 hours a day, 7 days a week to all residents of the ACT. You can call the service on 1800 629 354 and find more information on the ACT Government Health website.
- NSW: The Mental Health Line operates 24 hours a day, 7 days a week and offers professional help, advice and referrals to local mental health services to everyone in NSW. You can call the service on 1800 011 511 and find more information on the NSW Health website.
- NT: The Northern Territory Mental Health Line provides triaging and advice to people in mental health crisis. You can call the service on 1800 682 288 and find more information on the NT Government website.
- Queensland: 1300 MH CALL is a confidential mental health telephone triage service that provides the first point of contact to public mental health services to Queenslanders. You can call the service on 1300 642255 and find more information on the Queensland Government website.
- SA: The SA Health Mental Health Triage Service operates 24 hours a day, 7 days a week and provides advice and information to people experiencing a mental health emergency or crisis situation. You can call the service on 13 14 65 and find more information on the SA Health website.
- Tasmania: The Mental Health Service Helpline operates 24 hours a day, 7 days a week and provides referral pathway into public system mental health services. You can call the service on 1800 332 388 and find more information on the Tasmanian Government Department of Health website.
- Victoria: Head to Health provides access to trained mental health professionals who will assist in determining what support may best fit a person’s needs. You can call the service on 1800 595 212 and find more information on the Head to Health website.
- WA: The Mental Health Emergency Response Line is a 24-hour telephone service for people in the Perth metropolitan area experiencing a mental health crisis. You can call the service on 1300 555 788 and find more information on the Government of Western Australia Mental Health Commission website.
Legal services
If you require legal advice, you may be eligible to access free legal assistance from the below services.
Community legal centres
Community legal centres (CLCs) are independent community organisations that can provide free legal services to the public, depending on certain eligibility criteria. Each state and territory have their own directory of CLCs which you can use to locate your nearest CLC:
- ACT: https://www.acat.act.gov.au/what-to-expect/representation-and-advice/free-legal-advice-providers
- NSW: https://findlegalhelp.clcnsw.org.au/
- NT: https://lawsocietynt.asn.au/nt-legal-directory/other-legal-links-1.html
- Queensland: https://www.communitylegalqld.org.au/
- SA: https://www.clcsa.org.au/community-legal-centres
- Tasmania: http://www.clctas.org.au/
- Victoria: https://www.fclc.org.au/find_a_community_legal_centre
- WA: https://www.communitylegalwa.org.au/findhelp
JobWatch
JobWatch is an independent, not-for-profit employment rights community legal centre supporting workers in Victoria, Queensland and Tasmania with their rights at work. You can find contact information for JobWatch at: https://jobwatch.org.au/contact/.
Legal aid
Legal aid commissions can provide a range of services, including information, legal advice and representation in courts and tribunals. There is a legal aid commission in each state and territory and you can check whether you are eligible to access their services by contacting your relevant state or territory body:
- ACT: https://www.legalaidact.org.au/contact-legal-aid
- NSW: https://www.legalaid.nsw.gov.au/
- NT: https://www.legalaid.nt.gov.au/need-help/
- Queensland: https://www.legalaid.qld.gov.au/Get-legal-help
- SA: https://lsc.sa.gov.au/contact
- Tasmania: https://www.legalaid.tas.gov.au/need-help/?
- Victoria: https://www.legalaid.vic.gov.au/contact-us
- WA: https://www.legalaid.wa.gov.au/get-legal-help
Workplace Advice Service
The Workplace Advice Service is run by the FWC to provide free legal help to employees and employers on employment issues that involve dismissal, general protections, bullying or sexual harassment at work. You can find more information about the Workplace Advice Service on the Fair Work Commission website.
Other advocacy services
Union assistance
The Australian Unions Support Centre can provide free and confidential assistance to workers for all workplace issues, including in respect of their rights. You can find contact information for the Australian Unions Support Centre here: https://support.australianunions.org.au/hc/en-au/requests/new.
If you are a member of a union, you can contact your workplace union representative directly for support.
Working Women’s Centres
Working Women's Centres are not-for-profit, community organisations that can provide information and support on work related issues to women employees and women who wish to work.
Working Women’s Centres are available to workers in:
- NT: https://www.ntwwc.com.au/contact
- Queensland: https://brq.org.au/working-women-qld/
- SA: https://wwcsa.org.au/contact/
Aboriginal and Torres Strait Islander workers
The following services may be able to provide free legal assistance to Aboriginal and Torres Strait Islander peoples, including in respect of employment, discrimination and human rights matters:
- National Aboriginal and Torres Strait Islander Legal Services: https://www.natsils.org.au/
- Wirringa Baiya – Aboriginal Women’s Legal Centre (NSW): https://www.wirringabaiya.org.au/
- North Australian Aboriginal Justice Agency (NT): http://www.naaja.org.au/
- Aboriginal and Torres Strait Islander Women's Legal Services North Queensland: https://www.atsiwlsnq.org.au/.
- Victorian Aboriginal Legal Service: https://www.vals.org.au/
- Aboriginal Legal Rights Movement (SA): https://www.alrm.org.au/
- Tasmania Aboriginal Legal Service: https://tals.net.au/.
- Aboriginal Legal Service of Western Australia Limited: https://www.als.org.au/.
LGBTIQ+ workers
Counselling
The following services may be able to provide free counselling and support to LGBTIQ+ peoples:
- QLife (national service): https://qlife.org.au/get-help
- Meridian (ACT): https://www.meridianact.org.au/
- Uniting Communities Bfriend (SA): https://www.unitingcommunities.org/service/community-support/lgbtiqa-support
- Working It Out (Tasmania): https://www.workingitout.org.au/
- Western Australian AIDS Council (WAAC) - LGBTIQA+ Youth Counselling (WA): https://www.waac.com.au/what-we-do/counselling/lgbtqia-plus/.
Legal services
The following services may be able to provide free legal assistance to LGBTIQ+ peoples, including on employment, discrimination and human rights matters:
- Inner City Legal Centre (NSW): https://www.iclc.org.au/
- LGBTI Legal Service Inc (Queensland): https://lgbtilegalservice.org.au/
- Southside Justice (Victoria): https://lgbtiqlegal.org.au/.
Workers with disability
The following services may be able to provide free legal assistance to persons with disability, including on disability discrimination and human rights matters:
- Canberra Community Law (ACT): https://canberracommunitylaw.org.au/
- Australian Centre for Disability Law (NSW): https://disabilitylaw.org.au/
- Darwin Community Legal Service (NT): https://www.dcls.org.au/
- Cairns Community Legal Centre Inc (Queensland): https://www.cclc.org.au/
- Basic Rights Queensland: https://brq.org.au/
- South Australian Community Legal Centres: https://saccls.org.au/
- Launceston Community Legal Centre (Tasmania): https://www.lclc.net.au/
- Disability Discrimination Legal Service (Victoria): http://ddlsaustralia.org/
- Sussex Street Community Law Service (WA): http://www.sscls.asn.au/.
Young workers (people aged 25 and under)
Kids Helpline
Kids Helpline is a free, confidential 24/7 online and phone counselling service for young people aged 5 to 25. You can contact Kids Helpline on 1800 55 1800 or at admin@kidshelpline.com.au. You can find more information at: https://kidshelpline.com.au/.
Legal services
The following services may be able to provide free legal assistance to young workers, including about workplace rights:
- Youth Law Australia: https://yla.org.au/contact-us/.
- Young Workers Centre (Victoria): https://www.youngworkers.org.au/
- Young Workers Centre (ACT): https://youngworkerscbr.org.au/
Police services
If you believe the workplace sexual harassment you experienced involves criminal conduct, including actual or attempted sexual assault, you can report the matter to police.
The Police Assistance Line operates 24 hours a day, 7 days a week and allows the reporting of crime over the phone with the information being immediately available to your local police. You can call the service on 131 444 and find more information at https://www.aic.gov.au/contact-us/report-crime.
How quickly are you seeking an outcome?
You have selected: I want an outcome as quickly as possible
The time it may take to obtain an outcome to a workplace sexual harassment matter will vary depending on several factors, including which external avenue you seek help from, the specific nature of your circumstances and the complexity of the issues involved.
If you still work in the same workplace or for the same employer where the sexual harassment occurred, the fastest option may be to pursue a stop sexual harassment order (or a stop bullying and sexual harassment order) from the Fair Work Commission or the Western Australian Industrial Relations Commission for certain workers in WA. The Fair Work Commission and the Western Australian Industrial Relations Commission must start to deal with applications for these orders within 14 days of receipt.
The time taken to process unfair dismissal claims varies across the Fair Work Commission and state industrial relations tribunals. In some jurisdictions, an application may be resolved within three weeks and in others, can take from 3 to 6 months. Generally, across most agencies, a person can expect an unfair dismissal claim to be resolved within 6 months. However, this will depend on the complexities of each dispute.
For workers’ compensation claims, claim determination timeframes vary across the different workers’ compensation bodies. Some agencies must make a claim decision within 10 business days of receiving a claim, while others must make a decision within 60 days. Generally, across most agencies, a decision to accept or deny a claim will usually be made within a month of receiving the claim. However, claims relating to psychological/mental health injuries may take longer to assess than a claim for a physical injury as there may be greater complexities involved in determining liability.
The time it takes for an anti-discrimination or human rights body to finalise a workplace sexual harassment complaint varies depending on the specific agency. However, for most agencies, complaints are usually finalised within 6 months, though they can take less or more time depending on the complexities of the complaint.
If you are concerned about how long it may take to obtain an outcome, you can contact the relevant external avenue you wish to seek help from to see if they can provide information about their processing times. In some instances, it may be possible for an external avenue to expediate their processes in urgent or compelling circumstances.
You have selected: I am flexible as to the time it takes to obtain an outcome
The time it may take to obtain an outcome to a workplace sexual harassment matter will vary depending on several factors, including which external avenue you seek help from, the specific nature of your circumstances and the complexity of the issues involved.
If you still work in the same workplace or for the same employer where the sexual harassment occurred, the fastest option may be to pursue a stop sexual harassment order (or a stop bullying and sexual harassment order) from the Fair Work Commission or the Western Australian Industrial Relations Commission for certain workers in WA. The Fair Work Commission and the Western Australian Industrial Relations Commission must start to deal with applications for these orders within 14 days of receipt.
The time taken to process unfair dismissal claims varies across the Fair Work Commission and state industrial relations tribunals. In some jurisdictions, an application may be resolved within three weeks and in others, can take from 3 to 6 months. Generally, across most agencies, a person can expect an unfair dismissal claim to be resolved within 6 months. However, this will depend on the complexities of each dispute.
For workers’ compensation claims, claim determination timeframes vary across the different workers’ compensation bodies. Some agencies must make a claim decision within 10 business days of receiving a claim, while others must make a decision within 60 days. Generally, across most agencies, a decision to accept or deny a claim will usually be made within a month of receiving the claim. However, claims relating to psychological/mental health injuries may take longer to assess than a claim for a physical injury as there may be greater complexities involved in determining liability.
The time it takes for an anti-discrimination or human rights body to finalise a workplace sexual harassment complaint varies depending on the specific agency. However, for most agencies, complaints are usually finalised within 6 months, though they can take less or more time depending on the complexities of the complaint.
If you are concerned about how long it may take to obtain an outcome, you can contact the relevant external avenue you wish to seek help from to see if they can provide information about their processing times. In some instances, it may be possible for an external avenue to expediate their processes in urgent or compelling circumstances.
You have selected: In more than one state or territory (for example, multiple incidents across different geographical locations)
If the workplace sexual harassment you experienced occurred across multiple states and territories, this may impact which external avenues can help you. In such circumstances, you will need to elect which jurisdiction and body you are going to pursue your matter with. Generally, a person is not able to pursue the same matter in multiple jurisdictions at the same time.
When seeking help from an external agency, you will likely be asked to provide information about the circumstances of the workplace sexual harassment you experienced. The relevant agency you have contacted will determine your eligibility to access their services based on the information you provide, noting this can be a complex process.
If you were dismissed by your employer or workplace, how long ago did that occur?
You have completed the interactive tool
Thank you for completing the interactive tool. We hope you feel better informed about the options and supports that are available to you if you’ve experienced workplace sexual harassment.
If there is a particular external avenue you would like to pursue, please refer to the below table for the agency’s contact information. The agency names are displayed in alphabetical order.
Quick reference guide:
Agency | Description | Contact information |
---|---|---|
NATIONAL | ||
Australian Human Rights Commission |
The Australian Human Rights Commission investigates and resolves complaints of discrimination and breaches of human rights, including complaints of sexual harassment under the Sex Discrimination Act 1984 (Cth). |
|
Comcare |
As the national work health and safety (WHS) and workers’ compensation authority, Comcare’s legislated functions include securing the health and safety of workers and workplaces. Comcare has a workers’ compensation role in respect of workplace sexual harassment where that conduct has resulted in an injury or illness to the worker. Comcare administers the Work Health and Safety Act 2011 (Cth) and Work Health and Safety Regulations 2011 (Cth) and is the national regulator for WHS in the Commonwealth jurisdiction. Comcare has regulatory functions and powers, including to enforce compliance with WHS laws. This includes in respect of workplace sexual harassment where the alleged conduct constitutes a WHS risk to workers. |
|
Fair work Commission |
The Fair Work Commission (FWC) is Australia’s national workplace relations tribunal, established by the Fair Work Act. The FWC may be able to assist in workplace sexual harassment matters where sexual harassment is relevant to an application lodged in respect of:
|
|
Fair Work Ombudsman |
The Fair Work Ombudsman can provide employees and employers with general information about protections from sexual harassment, prevention and managing sexual harassment in the workplace. |
|
AUSTRALIAN CAPITAL TERRITORY (ACT) | ||
ACT Human Rights Commission | The ACT Human Rights Commission can investigate and conciliate complaints about discrimination. This includes complaints of sexual harassment under Part 5 of the Discrimination Act 1991 (ACT). |
|
WorkSafe ACT |
WorkSafe ACT (WSACT) is the WHS and workers’ compensation regulator in the ACT. WSACT’s functions include monitoring and enforcing compliance with the Work Health and Safety Act 2011 (ACT). In the ACT, workers’ compensation is not run by the ACT Government and is instead privately-owned and operated with insurers approved by WSACT offering workers’ compensation coverage to employers in the ACT. |
|
NEW SOUTH WALES (NSW) | ||
Anti-Discrimination NSW | Anti-Discrimination NSW (ADNSW) handles complaints of discrimination covered by the Anti-Discrimination Act 1977 (NSW), which includes complaints of sexual harassment. ADNSW assist parties to a complaint to find a way of resolving the matter according to the law. |
|
icare NSW | iicare is a NSW government agency which provides workers’ compensation insurance to many public and private sector employers in NSW and their workers. |
|
Industrial Relations Commission of New South Wales | The Industrial Relations Commission of New South Wales is established under the Industrial Relations Act 1996 (NSW) with conciliation and arbitral functions, including deciding claims of unfair dismissal. |
|
SafeWork NSW | SafeWork NSW is the WHS regulator in NSW. SafeWork NSW provides advice to workers, workplaces and the general community about workplace safety. |
|
NORTHERN TERRITORY (NT) | ||
Northern Territory Anti-Discrimination Commission |
The Northern Territory Anti-Discrimination Commission (NTADC) aims to eliminate discrimination by raising awareness about individual’s rights and responsibilities under the Anti-Discrimination Act 1992 (NT). The NTADC assesses, evaluates and conciliates complaints of discrimination, including in relation to workplace sexual harassment. |
|
NT WorkSafe |
NT WorkSafe is a division under the Department of Attorney-General and Justice responsible for WHS regulation and workers’ compensation in the NT. Workers’ compensation in the NT is a privately underwritten scheme in which approved insurers and self-insurers carry the financial risk and are responsible for managing the workers’ compensation claims process. |
|
QUEENSLAND | ||
Queensland Human Rights Commission | The Queensland Human Rights Commission (QHRC) is an independent statutory body established under the Anti-Discrimination Act 1991 (Qld). The QHRC handles complaints about discrimination, vilification, victimisation and sexual harassment under that Act. |
|
Queensland Industrial Relations Commission | The Queensland Industrial Relations Commission (QIRC) is an independent tribunal established under the Industrial Relations Act 2016 (Qld). The QIRC’s functions include hearing work-related complaints of alleged unlawful discrimination, including workplace sexual harassment, referred by the Queensland Human Rights Commission, and deciding general protections and unfair dismissal claims. |
|
WorkCover Queensland |
WorkCover Queensland provides workers’ compensation insurance to Queensland businesses and workers. |
|
Workplace Health and Safety Queensland |
Workplace Health and Safety Queensland (WHSQ) is the WHS regulator in Queensland. WHSQ’s functions include securing and monitoring compliance with WHS duties using enforcement options, investigating WHS incidents and complaints and providing information to stakeholders on managing work health and safety risks. |
|
SOUTH AUSTRALIA (SA) | ||
Office of the Commissioner for Equal Opportunity, South Australia | The South Australian Office of the Commissioner for Equal Opportunity (OCEO) is responsible for preventing certain kinds of discrimination based on sex, race, disability, age or various other grounds. Under the Equal Opportunity Act 1984 (SA), the OCEO can help people resolve discrimination, sexual harassment or victimisation complaints. |
|
ReturnToWork SA | ReturnToWork SA (RTWSA) is responsible for providing work injury insurance and regulating the South Australian Return to Work scheme. RTWSA provides insurance to protect SA businesses and their workers in the event of a work injury and to support recovery and return to work. Crown and self-insured employers are also a significant part of the Return to Work Scheme and they have direct responsibility and management of work injury claims in their workplaces. |
|
SafeWork SA |
SafeWork SA is the WHS regulator in SA. SafeWork SA investigates workplace incidents and enforces WHS laws in SA. |
|
South Australian Employment Tribunal | The South Australian Employment Tribunal is a statutory independent tribunal that resolves workplace-related disputes and issues, including deciding claims of unfair dismissal. |
|
TASMANIA | ||
Equal Opportunity Tasmania | Equal Opportunity Tasmania (EOT) aims to foster a society free of discrimination, prejudice, bias and prohibited conduct by administering the Anti-Discrimination Act 1998 (Tas). EOT investigates complaints of discrimination, including in respect of workplace sexual harassment. |
|
Tasmanian Industrial Commission | The Tasmanian Industrial Commission (TIC) is the industrial tribunal for Tasmania established under the Industrial Relations Act 1984 (Tas). The TIC’s role is predominately related to the Tasmanian State Service and is to conciliate and arbitrate to resolve industrial disputes, including claims of unfair dismissal. |
|
WorkSafe Tasmania |
WorkSafe Tasmania (WST) is the WHS regulator in Tasmania. WST provides information, education and advice, and monitors and enforces compliance with WHS laws. In Tasmania, workers’ compensation is a privately underwritten scheme in which approved insurers and self-insurers are responsible for managing the workers’ compensation claims process. The WorkCover Tasmania Board (the Board) provides advice to the relevant Minister on Tasmania’s workers’ compensation scheme and monitors the effectiveness of the Scheme (among other functions). WorkSafe Tasmania manages the workers’ compensation scheme on behalf of the Board. |
|
VICTORIA | ||
Victorian Equal Opportunity and Human Rights Commission |
The Victorian Equal Opportunity and Human Rights Commission is an independent organisation which assists Victorians to resolve discrimination complaints, including in respect of workplace sexual harassment. |
|
WorkSafe Victoria |
WorkSafe Victoria (WSV) is the WHS regulator in Victoria and is responsible for workers' compensation and the rehabilitation of injured workers in Victoria under the Accident Compensation Act 1985 (Vic) and the Workplace Injury Rehabilitation and Compensation Act 2013 (Vic). To ensure safer workplaces, WSV conducts inspections, campaigns, education programs, targeted interventions, guidance, warnings, enforcement and prosecutions. |
|
WESTERN AUSTRALIA (WA) | ||
Western Australian Equal Opportunity Commission | The Western Australian Equal Opportunity Commission (WAEOC) is responsible for the administration of the Equal Opportunity Act 1984 (WA). The WAEOC investigates and conciliates complaints of discrimination, including in respect of workplace sexual harassment. |
|
Western Australian Industrial Relations Commission |
The Western Australian Industrial Relations Commission (WAIRC) is an independent tribunal established under the Industrial Relations Act 1979 (WA) that deals with industrial matters in the state of Western Australia. The WAIRC aims to prevent and settle industrial or employment disputes, including in relation to workplace sexual harassment, by assisting the parties in dispute through a conciliation process to reach an agreement. If the dispute cannot be resolved by agreement, the WAIRC may arbitrate the matter by hearing and make a binding ruling. |
|
WorkCover WA |
WorkCover WA is the government agency responsible for regulating and administrating the workers’ compensation scheme in WA under the Workers’ Compensation and Injury Management Act 1981 (WA). |
|
WorkSafe WA | WorkSafe WA is the WHS regulator in WA. |
|
Have you been sexually harassed at work?
You have selected: Yes
You have selected: No
This interactive tool is designed for persons affected by workplace sexual harassment who wish to know what options may be available to them to seek help. If you are interested in continuing with this process, please proceed to the next question. If this interactive tool is not relevant to your circumstances, you can leave the process by navigating to another part of the Respect@Work portal.
You have selected: I'm not sure - what is sexual harassment?
In Australia, the definition of sexual harassment is different between federal, state and territory jurisdictions.
In simple terms, sexual harassment means any unwelcome sexual behaviour that a reasonable person could anticipate may make another person feel offended, humiliated, intimidated, insulted or ridiculed in that situation. A ‘reasonable person’ can be taken to mean a neutral and unbiased observer.
Sexual harassment can be a single, one-off incident or an ongoing pattern of behaviour.
Sexually harassing behaviours include:
- unwelcome touching
- staring or leering
- suggestive comments or jokes
- sexually explicit pictures or posters
- unwanted invitations to go out on dates
- requests for sex
- intrusive questions about a person's private life or body
- unnecessary familiarity, such as deliberately brushing up against a person
- insults or taunts based on sex
- sexually explicit physical contact
- sexually explicit emails or SMS text messages.
Behaviours that amount to a criminal offence under criminal law can also constitute sexual harassment, such as actual or attempted sexual assault.
While sexual harassment may form part of other forms of harassing and inappropriate behaviour, such as bullying and discrimination, this interactive tool is focused on workplace sexual harassment.
Workplace sexual harassment refers to sexual harassment which occurs at, or in connection to, work or in the course of employment. It is unlawful to engage in workplace sexual harassment.
For more information, please see the Australian Human Rights Commission’s ‘Sexual Harassment’ webpage. You can also find information on the causes and drivers of workplace sexual harassment on the portal by clicking here.
If you believe you have been sexually harassed at work, please proceed to the next question.
Where did the sexual harassment occur?
- Australian Capital Territory (ACT)
- New South Wales (NSW)
- Northern Territory (NT)
- Queensland (Qld)
- South Australia (SA)
- Tasmania (Tas)
- Victoria (Vic)
- Western Australia (WA)
- Other locations (such as while working in an external Australian territory or overseas)
- Online
- In more than one state or territory (for example, multiple incidents across different geographical locations)
You have selected: Australian Capital Territory (ACT)
If the sexual harassment you experienced occurred in the ACT, you may be able to seek help from:
- the ACT Human Rights Commission
- WorkSafe ACT
- the Australian Human Rights Commission
- the Fair Work Commission
- Comcare.
You can find more information about these external avenues in the
You have selected: New South Wales (NSW)
If the sexual harassment you experienced occurred in NSW, you may be able to seek help from:
- Anti-Discrimination NSW
- SafeWork NSW
- icare NSW
- the Industrial Relations Commission of New South Wales
- the Australian Human Rights Commission
- the Fair Work Commission
- Comcare.
You can find more information about these external avenues in the:
You have selected: Northern Territory (NT)
If the sexual harassment you experienced occurred in the NT, you may be able to seek help from:
- the Northern Territory Anti-Discrimination Commission
- NT WorkSafe
- the Australian Human Rights Commission
- the Fair Work Commission
- Comcare.
You can find more information about these external avenues in the:
You have selected: Queensland (Qld)
If the sexual harassment you experienced occurred in Queensland, you may be able to seek help from:
- the Queensland Human Rights Commission
- Workplace Health and Safety Queensland
- WorkCover Queensland
- the Queensland Industrial Relations Commission
- the Australian Human Rights Commission
- the Fair Work Commission
- Comcare.
You can find more information about these external avenues in the:
You have selected: South Australia (SA)
If the sexual harassment you experienced occurred in SA, you may be able to seek help from:
- the Office of the Equal Opportunity Commissioner, South Australia
- SafeWork SA
- ReturnToWork SA
- the South Australian Employment Tribunal
- the Australian Human Rights Commission
- the Fair Work Commission
- Comcare.
You can find more information about these external avenues in the:
You have selected: Tasmania (Tas)
If the sexual harassment you experienced occurred in Tasmania, you may be able to seek help from:
- Equal Opportunity Tasmania
- WorkSafe Tasmania
- the Tasmanian Industrial Commission
- the Australian Human Rights Commission
- the Fair Work Commission
- Comcare.
You can find more information about these external avenues in the:
You have selected: Victoria
If the sexual harassment you experienced occurred in Victoria, you may be able to seek help from:
- the Victorian Equal Opportunity and Human Rights Commission
- WorkSafe Victoria
- the Australian Human Rights Commission
- the Fair Work Commission
- Comcare.
You can find more information about these external avenues in the:
You have selected: Western Australia (WA)
If the sexual harassment you experienced occurred in WA, you may be able to seek help from:
- the Western Australian Equal Opportunity Commission
- WorkSafe WA
- WorkCover WA
- the Western Australian Industrial Relations Commission
- the Australian Human Rights Commission
- the Fair Work Commission
- Comcare.
You can find more information about these external avenues in the:
You have selected: Other location (such as while working in an external Australian territory or overseas)
If the sexual harassment you experienced occurred in a location other than an Australian state or territory (for example, you experienced sexual harassment during work-mandated travel overseas), this may impact which external avenues can help you. This will ultimately depend on your individual circumstances and the jurisdiction of the relevant external avenue. You will likely be asked to provide information about the circumstances of the workplace sexual harassment you experienced when seeking help from an external agency. The relevant agency you have contacted will determine your eligibility to access their services based on the information you provide, noting this can be a complex process.
You have selected: Online
In simple terms, sexual harassment means any unwelcome sexual behaviour that a reasonable person could anticipate may make another person feel offended, humiliated, intimidated, insulted or ridiculed in that situation. It includes sexual harassment that occurs online and by other means of technology, such as sexually explicit emails, SMS text messages and contact on social media.
If the workplace sexual harassment you experienced occurred online, the external avenues that can help you may be impacted by where you and the person who harassed you are located. When seeking help from an external agency, you will likely be asked to provide information about the circumstances of the workplace sexual harassment you experienced. The relevant agency you have contacted will determine your eligibility to access their services based on the information you provide, noting this can be a complex process.
If the sexual harassment occurred online, you may be able to, for example, make a complaint about the workplace sexual harassment to the Australian Human Rights Commission or to your state or territory anti-discrimination or human rights body. You may also be able to report the online incident to the eSafety Commissioner, provided the necessary thresholds and criteria are met. Click the link for more information about making a report to the eSafety Commissioner.
What is your work status?
You have selected: I am an employee
If you are an employee, you are likely to be eligible, in the first instance, to seek help from all anti-discrimination or human rights, workers’ compensation, workers’ compensation, work, health and safety (WHS) and industrial relations bodies. However, your eligibility to access these external avenues will depend on other factors, such as where and how long ago the sexual harassment occurred. Whether a particular external service can help in your circumstances may also depend on the outcomes you are seeking.
If you wish to pursue a particular avenue and are concerned about whether you are eligible to access their services, you can contact the external avenue directly to check.
You have selected: I am an independent contractor
If you are an independent contractor, you are likely to be eligible, in the first instance, to seek help from most anti-discrimination or human rights, workers’ compensation, work, health and safety (WHS) and industrial relations bodies. Depending on your circumstances, this may include:
- Australian Human Rights Commission
- Comcare (in respect of WHS issues)
- Fair Work Commission (in respect of a stop sexual harassment order, or a stop bullying and sexual harassment order)
- ACT Human Rights Commission
- WorkSafe ACT
- Anti-Discrimination NSW
- SafeWork NSW (in respect of WHS issues)
- Equal Opportunity Tasmania
- WorkSafe Tasmania (in respect of WHS issues)
- Northern Territory Anti-Discrimination Commission
- NT WorkSafe
- Queensland Human Rights Commission
- Workplace Health and Safety Queensland
- SafeWork SA (in respect of WHS issues)
- Victorian Equal Opportunity and Human Rights Commission
- WorkSafe Victoria
- Western Australian Industrial Relations Commission (in respect of a stop sexual harassment order, or a stop bullying and sexual harassment order)
- WorkSafe WA (in respect of WHS issues).
In the first instance, the following external avenues may not be available to independent contractors:
- Fair Work Commission (in respect of general protections and unfair dismissal applications)
- Industrial Relations Commission of New South Wales
- Queensland Industrial Relations Commission
- Office of the Equal Opportunity Commissioner, South Australia
- South Australian Employment Tribunal
- Tasmanian Industrial Commission
- Western Australian Equal Opportunity Commission
- Western Australian Industrial Relations Commission (in respect of unfair dismissal applications)
- WorkCover WA (in respect of workers’ compensation, depending on the nature of the employment).
However, your eligibility to access these external avenues will depend on other factors, such as where and how long ago the sexual harassment occurred. Whether a particular external service can help in your circumstances may also depend on the outcomes you are seeking.
If you wish to pursue a particular avenue and are concerned about whether you are eligible to access their services, you can contact the external avenue directly to check.
You have selected: I’m not sure - what is the difference between an employee and an independent contractor?
Whether you are an employee or an independent contractor in your workplace may impact which external avenues can help you.
An employee usually:
- does ongoing work that is controlled by their employer
- works hours they're told to work by their employer
- is not responsible for financial risk
- is entitled to superannuation from their employer
- is entitled to minimum wages
- has income tax taken out of their pay
- is paid regularly (e.g. weekly/fortnightly/monthly)
- is generally entitled to paid leave if they are permanent employees.
An independent contractor usually:
- decides how to do their work and what skills they need to do it
- decides whether to employ someone else to do the work
- carries the risk of making a profit or loss
- pays their own superannuation and tax, including GST
- has their own insurance
- is contracted to work for a set time or do a set task
- decides what hours to work
- invoices for their work or gets paid at the end of the contract or project
- doesn't get paid leave.
If you are an employee, you are likely to be eligible, in the first instance, to seek help from all anti-discrimination or human rights, workers’ compensation, work, health and safety (WHS) and industrial relations bodies.
If you are an independent contractor, you are likely to be eligible, in the first instance, to seek help from most anti-discrimination or human rights, workers’ compensation, WHS and industrial relations bodies. Depending on your circumstances, this may include:
- Australian Human Rights Commission
- Comcare (in respect of WHS issues)
- Fair Work Commission (in respect of a stop sexual harassment order, or a stop bullying and sexual harassment order)
- ACT Human Rights Commission
- WorkSafe ACT
- Anti-Discrimination NSW
- SafeWork NSW (in respect of WHS issues)
- Equal Opportunity Tasmania
- WorkSafe Tasmania (in respect of WHS issues)
- Northern Territory Anti-Discrimination Commission
- NT WorkSafe
- Queensland Human Rights Commission
- Workplace Health and Safety Queensland
- SafeWork SA (in respect of WHS issues)
- Victorian Equal Opportunity and Human Rights Commission
- WorkSafe Victoria
- Western Australian Industrial Relations Commission (in respect of a stop sexual harassment order, or a stop bullying and sexual harassment order)
- WorkSafe WA (in respect of WHS issues).
In the first instance, the following external avenues may not be available to independent contractors:
- Fair Work Commission (in respect of general protections and unfair dismissal applications)
- Industrial Relations Commission of New South Wales
- Queensland Industrial Relations Commission
- Office of the Equal Opportunity Commissioner, South Australia
- South Australian Employment Tribunal
- Tasmanian Industrial Commission
- Western Australian Equal Opportunity Commission
- Western Australian Industrial Relations Commission (in respect of unfair dismissal applications)
- WorkCover WA (in respect of workers’ compensation, depending on the nature of the employment).
However, your eligibility to access these external avenues will depend on other factors, such as where and how long ago the sexual harassment occurred. Whether a particular external service can help in your circumstances may also depend on the outcomes you are seeking.
If you wish to pursue a particular avenue and are concerned about whether you are eligible to access their services, you can contact the external avenue directly to check.
For more information, please see the Fair Work Ombudsman’s webpage on the difference between employees and independent contractors.
You have selected: I am an unpaid volunteer, intern or student doing work experience
If you are an unpaid volunteer, intern or student doing work experience, you are likely to be eligible, in the first instance, to seek help from some anti-discrimination or human rights, workers’ compensation, work, health and safety (WHS) and industrial relations bodies. Depending on your circumstances, this may include:
- Australian Human Rights Commission
- Comcare (in respect of WHS issues)
- Fair Work Commission (in respect of a stop sexual harassment order, or a stop bullying and sexual harassment order)
- ACT Human Rights Commission
- WorkSafe ACT (in respect of WHS issues and in respect of workers’ compensation for commercial and public interest volunteers)
- Anti-Discrimination NSW (in respect of volunteers and unpaid trainees)
- icare NSW (in respect of volunteers engaged in certain bush fire, emergency and rescue services)
- SafeWork NSW
- Northern Territory Anti-Discrimination Commission
- NT WorkSafe (in respect of WHS issues and in respect of workers’ compensation for volunteers engaged in emergency, fire-fighting and ambulance services)
- Queensland Human Rights Commission
- WorkCover Queensland (in respect of unpaid interns)
- Workplace Health and Safety Queensland
- Office of the Equal Opportunity Commissioner, South Australia
- ReturnToWork SA (in respect of volunteers engaged in emergency, fire-fighting and marine rescue services)
- SafeWork SA
- Equal Opportunity Tasmania
- WorkSafe Tasmania (in respect of WHS issues, and in respect of workers’ compensation for volunteers engaged in ambulance, emergency management, fire-fighting, policing and rescue services)
- Victorian Equal Opportunity and Human Rights Commission
- WorkSafe Victoria (in respect of WHS issues and in respect of workers’ compensation for work experience students and volunteers assisting government agencies in fire-fighting, policing, schooling, jury duty, prisons and emergency services)
- Western Australian Industrial Relations Commission (in respect of a stop sexual harassment order, or a stop bullying and sexual harassment order)
- WorkSafe WA.
In the first instance, the following external avenues may not be available to unpaid volunteers, interns or students doing work experience:
- Fair Work Commission (in respect of general protections, unlawful termination and unfair dismissal applications)
- Comcare (in respect of workers’ compensation)
- Industrial Relations Commission of New South Wales
- Queensland Industrial Relations Commission
- South Australian Employment Tribunal
- Tasmanian Industrial Commission
- Western Australian Equal Opportunity Commission
- Western Australian Industrial Relations Commission (in respect of unfair dismissal applications)
- WorkCover WA.
However, your eligibility to access these external avenues will depend on other factors, such as where and how long ago the sexual harassment occurred. Whether a particular external service can help in your circumstances may also depend on the outcomes you are seeking.
If you wish to pursue a particular avenue and are concerned about whether you are eligible to access their services, you can contact the external avenue directly to check.
You have selected: None of the above
The external avenues that may be available to you to address workplace sexual harassment can depend on your work status within the workplace. You will likely be asked to provide this information if seeking help from anti-discrimination or human rights, workers’ compensation, work, health and safety (WHS) and industrial relations bodies. Based on this information, they will determine whether you are eligible to access their services (noting that this can be a complex process).
When did the workplace sexual harassment or resulting workplace injury occur?
You have selected: Less than 6 months ago
Each external avenue may have a particular timeframe within which you can seek help. Different timeframes apply depending on whether you seek help from an anti-discrimination or human rights body, an industrial relations body, a workers’ compensation body or a work health and safety (WHS) regulator.
Please note that the following timeframes are stated here for information purposes only. They are often discretionary (flexible) in nature and can potentially be extended or waived by the external avenue you are seeking help from.
If your circumstances fall outside a particular timeframe, you may have valid reasons for the delay in seeking help and may still be able to pursue your matter with the external avenue. If you wish to pursue a particular avenue and are concerned about whether you meet the relevant timeframe, you can contact the external avenue directly to check.
If you wish to lodge a complaint about the workplace sexual harassment with an anti-discrimination or human rights body, the following external avenues may close a complaint if it is made more than 12 months after the most recent incident:
- Anti-Discrimination NSW
- Northern Territory Anti-Discrimination Commission
- Queensland Human Rights Commission
- Office of the Commissioner for Equal Opportunity, South Australia
- Equal Opportunity Tasmania.
The Australian Human Rights Commission and ACT Human Rights Commission may close a complaint about workplace sexual harassment if it is made more than 2 years after the most recent incident.
If you have been dismissed in connection with the workplace sexual harassment and wish to make an unfair dismissal or general protections (dismissal) claim, the following industrial relations bodies generally require that the claim is lodged within 21 days of the date of dismissal:
- Fair Work Commission
- Industrial Relations Commission of New South Wales
- Queensland Industrial Relations Commission
- South Australian Employment Tribunal
- Tasmanian Industrial Commission.
The Western Australian Industrial Relations Commission generally requires that an unfair dismissal claim be lodged within 28 days of the date of dismissal.
If you wish to obtain an order to stop the sexual harassment, there is no specific timeframe by which you must lodge an application with the Fair Work Commission or, in Western Australia, with the Western Australian Industrial Relations Commission. You can make an application for a stop sexual harassment order at any time while there is an ongoing risk of sexual harassment in the workplace.
If you wish to make a workers’ compensation claim because the workplace sexual harassment has caused you an injury, generally you should lodge your claim within 6 months of the date of your injury if seeking help from one of the following workers’ compensation bodies:
- icare NSW
- NT WorkSafe
- WorkCover Queensland
- ReturnToWork SA
- WorkSafe Tasmania
- WorkSafe Victoria (for claims for medical and like services).
If lodging a claim with Comcare, generally you should lodge your claim as soon as reasonably practicable after you become aware of your injury. If lodging a claim with WorkCover WA, generally you should lodge your claim within 12 months of the date of your injury and for WorkSafe ACT, generally you should lodge your claim within 3 years of the date of your injury.
If you wish to report the workplace sexual harassment to a WHS regulator, you can do so at any time. A WHS regulator may request that you and your employer (and any other relevant parties in the workplace) make reasonable attempts to resolve the matter internally before they will intervene.
Again, the above timeframes are often discretionary in nature. If think you your circumstances fall outside the above timeframes, you can contact the relevant external avenue as they may still be able to help.
You have selected: More than 6 months ago but less than 1 year ago
Each external avenue may have a particular timeframe within which you can seek help. Different timeframes apply depending on whether you seek help from an anti-discrimination or human rights body, an industrial relations body, a workers’ compensation body or a work health and safety (WHS) regulator.
Please note that the following timeframes are stated here for information purposes only. They are often discretionary (flexible) in nature and can potentially be extended or waived by the external avenue you are seeking help from.
If your circumstances fall outside a particular timeframe, you may have valid reasons for the delay in seeking help and may still be able to pursue your matter with the external avenue. If you wish to pursue a particular avenue and are concerned about whether you meet the relevant timeframe, you can contact the external avenue directly to check.
If you wish to lodge a complaint about the workplace sexual harassment with an anti-discrimination or human rights body, the following external avenues may close a complaint if it is made more than 12 months after the most recent incident:
- Anti-Discrimination NSW
- Northern Territory Anti-Discrimination Commission
- Queensland Human Rights Commission
- Office of the Commissioner for Equal Opportunity, South Australia
- Equal Opportunity Tasmania.
The Australian Human Rights Commission and ACT Human Rights Commission may close a complaint about workplace sexual harassment if it is made more than 2 years after the most recent incident.
If you have been dismissed in connection with the workplace sexual harassment and wish to make an unfair dismissal or general protections (dismissal) claim, the following industrial relations bodies generally require that the claim is lodged within 21 days of the date of dismissal:
- Fair Work Commission
- Industrial Relations Commission of New South Wales
- Queensland Industrial Relations Commission
- South Australian Employment Tribunal
- Tasmanian Industrial Commission.
The Western Australian Industrial Relations Commission generally requires that an unfair dismissal claim be lodged within 28 days of the date of dismissal.
If you wish to obtain an order to stop the sexual harassment, there is no specific timeframe by which you must lodge an application with the Fair Work Commission or, in Western Australia, with the Western Australian Industrial Relations Commission. You can make an application for a stop sexual harassment order at any time while there is an ongoing risk of sexual harassment in the workplace.
If you wish to make a workers’ compensation claim because the workplace sexual harassment has caused you an injury, generally you should lodge your claim within 6 months of the date of your injury if seeking help from one of the following workers’ compensation bodies:
- icare NSW
- NT WorkSafe
- WorkCover Queensland
- ReturnToWork SA
- WorkSafe Tasmania
- WorkSafe Victoria (for claims for medical and like services).
If lodging a claim with Comcare, generally you should lodge your claim as soon as reasonably practicable after you become aware of your injury. If lodging a claim with WorkCover WA, generally you should lodge your claim within 12 months of the date of your injury and for WorkSafe ACT, generally you should lodge your claim within 3 years of the date of your injury.
If you wish to report the workplace sexual harassment to a WHS regulator, you can do so at any time. A WHS regulator may request that you and your employer (and any other relevant parties in the workplace) make reasonable attempts to resolve the matter internally before they will intervene.
Again, the above timeframes are often discretionary in nature. If think you your circumstances fall outside the above timeframes, you can contact the relevant external avenue as they may still be able to help.
You have selected: More than 1 year ago but less than 2 years ago
Each external avenue may have a particular timeframe within which you can seek help. Different timeframes apply depending on whether you seek help from an anti-discrimination or human rights body, an industrial relations body, a workers’ compensation body or a work health and safety (WHS) regulator.
Please note that the following timeframes are stated here for information purposes only. They are often discretionary (flexible) in nature and can potentially be extended or waived by the external avenue you are seeking help from.
If your circumstances fall outside a particular timeframe, you may have valid reasons for the delay in seeking help and may still be able to pursue your matter with the external avenue. If you wish to pursue a particular avenue and are concerned about whether you meet the relevant timeframe, you can contact the external avenue directly to check.
If you wish to lodge a complaint about the workplace sexual harassment with an anti-discrimination or human rights body, the following external avenues may close a complaint if it is made more than 12 months after the most recent incident:
- Anti-Discrimination NSW
- Northern Territory Anti-Discrimination Commission
- Queensland Human Rights Commission
- Office of the Commissioner for Equal Opportunity, South Australia
- Equal Opportunity Tasmania.
The Australian Human Rights Commission and ACT Human Rights Commission may close a complaint about workplace sexual harassment if it is made more than 2 years after the most recent incident.
If you have been dismissed in connection with the workplace sexual harassment and wish to make an unfair dismissal or general protections (dismissal) claim, the following industrial relations bodies generally require that the claim is lodged within 21 days of the date of dismissal:
- Fair Work Commission
- Industrial Relations Commission of New South Wales
- Queensland Industrial Relations Commission
- South Australian Employment Tribunal
- Tasmanian Industrial Commission.
The Western Australian Industrial Relations Commission generally requires that an unfair dismissal claim be lodged within 28 days of the date of dismissal.
If you wish to obtain an order to stop the sexual harassment, there is no specific timeframe by which you must lodge an application with the Fair Work Commission or, in Western Australia, with the Western Australian Industrial Relations Commission. You can make an application for a stop sexual harassment order at any time while there is an ongoing risk of sexual harassment in the workplace.
If you wish to make a workers’ compensation claim because the workplace sexual harassment has caused you an injury, generally you should lodge your claim within 6 months of the date of your injury if seeking help from one of the following workers’ compensation bodies:
- icare NSW
- NT WorkSafe
- WorkCover Queensland
- ReturnToWork SA
- WorkSafe Tasmania
- WorkSafe Victoria (for claims for medical and like services).
If lodging a claim with Comcare, generally you should lodge your claim as soon as reasonably practicable after you become aware of your injury. If lodging a claim with WorkCover WA, generally you should lodge your claim within 12 months of the date of your injury and for WorkSafe ACT, generally you should lodge your claim within 3 years of the date of your injury.
If you wish to report the workplace sexual harassment to a WHS regulator, you can do so at any time. A WHS regulator may request that you and your employer (and any other relevant parties in the workplace) make reasonable attempts to resolve the matter internally before they will intervene.
Again, the above timeframes are often discretionary in nature. If think you your circumstances fall outside the above timeframes, you can contact the relevant external avenue as they may still be able to help.
You have selected: More than 2 years ago but less than 3 years ago
Each external avenue may have a particular timeframe within which you can seek help. Different timeframes apply depending on whether you seek help from an anti-discrimination or human rights body, an industrial relations body, a workers’ compensation body or a work health and safety (WHS) regulator.
Please note that the following timeframes are stated here for information purposes only. They are often discretionary (flexible) in nature and can potentially be extended or waived by the external avenue you are seeking help from.
If your circumstances fall outside a particular timeframe, you may have valid reasons for the delay in seeking help and may still be able to pursue your matter with the external avenue. If you wish to pursue a particular avenue and are concerned about whether you meet the relevant timeframe, you can contact the external avenue directly to check.
If you wish to lodge a complaint about the workplace sexual harassment with an anti-discrimination or human rights body, the following external avenues may close a complaint if it is made more than 12 months after the most recent incident:
- Anti-Discrimination NSW
- Northern Territory Anti-Discrimination Commission
- Queensland Human Rights Commission
- Office of the Commissioner for Equal Opportunity, South Australia
- Equal Opportunity Tasmania.
The Australian Human Rights Commission and ACT Human Rights Commission may close a complaint about workplace sexual harassment if it is made more than 2 years after the most recent incident.
If you have been dismissed in connection with the workplace sexual harassment and wish to make an unfair dismissal or general protections (dismissal) claim, the following industrial relations bodies generally require that the claim is lodged within 21 days of the date of dismissal:
- Fair Work Commission
- Industrial Relations Commission of New South Wales
- Queensland Industrial Relations Commission
- South Australian Employment Tribunal
- Tasmanian Industrial Commission.
The Western Australian Industrial Relations Commission generally requires that an unfair dismissal claim be lodged within 28 days of the date of dismissal.
If you wish to obtain an order to stop the sexual harassment, there is no specific timeframe by which you must lodge an application with the Fair Work Commission or, in Western Australia, with the Western Australian Industrial Relations Commission. You can make an application for a stop sexual harassment order at any time while there is an ongoing risk of sexual harassment in the workplace.
If you wish to make a workers’ compensation claim because the workplace sexual harassment has caused you an injury, generally you should lodge your claim within 6 months of the date of your injury if seeking help from one of the following workers’ compensation bodies:
- icare NSW
- NT WorkSafe
- WorkCover Queensland
- ReturnToWork SA
- WorkSafe Tasmania
- WorkSafe Victoria (for claims for medical and like services).
If lodging a claim with Comcare, generally you should lodge your claim as soon as reasonably practicable after you become aware of your injury. If lodging a claim with WorkCover WA, generally you should lodge your claim within 12 months of the date of your injury and for WorkSafe ACT, generally you should lodge your claim within 3 years of the date of your injury.
If you wish to report the workplace sexual harassment to a WHS regulator, you can do so at any time. A WHS regulator may request that you and your employer (and any other relevant parties in the workplace) make reasonable attempts to resolve the matter internally before they will intervene.
Again, the above timeframes are often discretionary in nature. If think you your circumstances fall outside the above timeframes, you can contact the relevant external avenue as they may still be able to help.
You have selected: More than 3 years ago
Each external avenue may have a particular timeframe within which you can seek help. Different timeframes apply depending on whether you seek help from an anti-discrimination or human rights body, an industrial relations body, a workers’ compensation body or a work health and safety (WHS) regulator.
Please note that the following timeframes are stated here for information purposes only. They are often discretionary (flexible) in nature and can potentially be extended or waived by the external avenue you are seeking help from.
If your circumstances fall outside a particular timeframe, you may have valid reasons for the delay in seeking help and may still be able to pursue your matter with the external avenue. If you wish to pursue a particular avenue and are concerned about whether you meet the relevant timeframe, you can contact the external avenue directly to check.
If you wish to lodge a complaint about the workplace sexual harassment with an anti-discrimination or human rights body, the following external avenues may close a complaint if it is made more than 12 months after the most recent incident:
- Anti-Discrimination NSW
- Northern Territory Anti-Discrimination Commission
- Queensland Human Rights Commission
- Office of the Commissioner for Equal Opportunity, South Australia
- Equal Opportunity Tasmania.
The Australian Human Rights Commission and ACT Human Rights Commission may close a complaint about workplace sexual harassment if it is made more than 2 years after the most recent incident.
If you have been dismissed in connection with the workplace sexual harassment and wish to make an unfair dismissal or general protections (dismissal) claim, the following industrial relations bodies generally require that the claim is lodged within 21 days of the date of dismissal:
- Fair Work Commission
- Industrial Relations Commission of New South Wales
- Queensland Industrial Relations Commission
- South Australian Employment Tribunal
- Tasmanian Industrial Commission.
The Western Australian Industrial Relations Commission generally requires that an unfair dismissal claim be lodged within 28 days of the date of dismissal.
If you wish to obtain an order to stop the sexual harassment, there is no specific timeframe by which you must lodge an application with the Fair Work Commission or, in Western Australia, with the Western Australian Industrial Relations Commission. You can make an application for a stop sexual harassment order at any time while there is an ongoing risk of sexual harassment in the workplace.
If you wish to make a workers’ compensation claim because the workplace sexual harassment has caused you an injury, generally you should lodge your claim within 6 months of the date of your injury if seeking help from one of the following workers’ compensation bodies:
- icare NSW
- NT WorkSafe
- WorkCover Queensland
- ReturnToWork SA
- WorkSafe Tasmania
- WorkSafe Victoria (for claims for medical and like services).
If lodging a claim with Comcare, generally you should lodge your claim as soon as reasonably practicable after you become aware of your injury. If lodging a claim with WorkCover WA, generally you should lodge your claim within 12 months of the date of your injury and for WorkSafe ACT, generally you should lodge your claim within 3 years of the date of your injury.
If you wish to report the workplace sexual harassment to a WHS regulator, you can do so at any time. A WHS regulator may request that you and your employer (and any other relevant parties in the workplace) make reasonable attempts to resolve the matter internally before they will intervene.
Again, the above timeframes are often discretionary in nature. If think you your circumstances fall outside the above timeframes, you can contact the relevant external avenue as they may still be able to help.
Do you still work in the same workplace or for the same employer where the sexual harassment occurred?
You have selected: Yes
You have selected: No
If you no longer work in the workplace where the sexual harassment occurred or have since left your employer, this may impact which external avenues can help you. Even if you have left the workplace, you may still be able to make a complaint to an anti-discrimination or human rights body.
If you were dismissed from your workplace or felt you had no choice but to resign because of the workplace sexual harassment you experienced or because you reported it, you may be eligible to access specific external avenues, such as lodging:
- an application for general protections (dismissal) with the Fair Work Commission or Queensland Industrial Relations Commission, which protects a worker from adverse action (including dismissal) if you have exercised or propose to exercise a workplace right (such as reporting workplace sexual harassment)
- an application for unlawful termination or unfair dismissal with the Fair Work Commission or a state industrial relations body if your dismissal is harsh, unjust or unreasonable
- a complaint concerning victimisation with an anti-discrimination or human rights body or with the Industrial Relations Commission of NSW for certain employees in NSW, if your dismissal was a consequence of making a complaint about the workplace sexual harassment
- a complaint concerning discriminatory conduct with a WHS regulator if your dismissal was a consequence of raising the workplace sexual harassment as a WHS issue
- a workers’ compensation claim with a workers’ compensation body if the dismissal has caused you a workplace injury (for example, a psychological injury).
Other external avenues may be impacted if you have left your workplace at the time of seeking help. For example, you may be unable to apply for a stop sexual harassment order (or a stop bullying and sexual harassment order) with the Fair Work Commission or, if in Western Australia, with the Western Australian Industrial Relations Commission, as these orders are intended to prevent an ongoing risk of workplace sexual harassment. If you have left your workplace, there may no longer be an ongoing risk of the workplace sexual harassment continuing.
Did you report the workplace sexual harassment to your employer or workplace?
You have selected: Yes
You have selected: No
You do not have an obligation to report the workplace sexual harassment you experienced to your employer or workplace. Choosing not to report the matter to your employer or workplace will not prevent you seeking help from external avenues.
If you decide to proceed directly to an external avenue for help, the external avenue may as part of its processes inform your employer and/or any individuals you have named, of your matter and give them the opportunity to respond to your allegations. Generally, the external avenue will inform you before doing this.
In other instances, the external avenue may ask you and your employer and/or any individuals you have named to try and resolve the matter internally before they will formally intervene.
In some instances, it may be possible for you to seek help anonymously from an external avenue. You can ask about anonymous reporting when contacting an external avenue.
What out are you seeking from an external avenue?
There may be several outcomes you are seeking. You can view information about the various outcomes by selecting one option at a time, read the information provided and then select “Back” to view the other options.
- I want to be financially compensated
- I want my employer and/or the harasser to apologise
- I want to be reinstated (go back) to my job
- I want my employer to provide sexual harassment training to staff
- I want my employer to have a workplace sexual harassment policy
- I want my employer to dismiss (sack) the harasser
- I want an order issued to stop the sexual harassment
- I want my employer and/or the harasser to be criminally prosecuted
- I want to feel safe at work and prevent it happening to someone else
How has your employer or workplace responded to your report of workplace sexual harassment?
You may have faced consequences from your employer for reporting the workplace sexual harassment if, for example, you were dismissed, constructively dismissed (you had no choice but to resign from your workplace), demoted, had your position changed, were moved to another team and so on.
- I have not faced any negative consequences from my employer for reporting the workplace sexual harassment
- I was dismissed or constructively dismissed (forced to resign) by my employer for reporting the workplace sexual harassment
- I faced consequences other than dismissal for reporting the workplace sexual harassment (such as a demotion or change in position).
You have selected: I have not faced any negative consequences from my employer for reporting the workplace sexual harassment.
You have selected: I was dismissed or constructively dismissed (forced to resign) by my employer for reporting the workplace sexual harassment
If you believe you were dismissed or constructively dismissed by your employer for reporting the workplace sexual harassment, you may be eligible to:
- an application for general protections (dismissal) with the Fair Work Commission or Queensland Industrial Relations Commission, which protects a worker from adverse action (including dismissal) if you have exercised or propose to exercise a workplace right (such as reporting workplace sexual harassment)
- an application for unlawful termination or unfair dismissal with the Fair Work Commission or a state industrial relations body if your dismissal is harsh, unjust or unreasonable
- a complaint concerning victimisation with an anti-discrimination or human rights body or with the Industrial Relations Commission of NSW for certain employees in NSW, if your dismissal was a consequence of making a complaint about the workplace sexual harassment
- a complaint concerning discriminatory conduct with a WHS regulator if your dismissal was a consequence of raising the workplace sexual harassment as a WHS issue
- a workers’ compensation claim with a workers’ compensation body if the dismissal has caused you a workplace injury (for example, a psychological injury)
- lodge a damaging action claim in the Industrial Magistrates Court of Western Australia for certain workers in Western Australia.
I was dismissed or constructively dismissed (forced to resign) by my employer for reporting the workplace sexual harassment
You have selected: I faced consequences other than dismissal for reporting the workplace sexual harassment (such as a demotion or change in position).
If you believe you faced consequences other than dismissal by your employer for reporting the workplace sexual harassment, you may be eligible to:
- an application for general protections with the Fair Work Commission or Queensland Industrial Relations Commission, which protects a worker from adverse action (such as demotion) if you have exercised or propose to exercise a workplace right (such as reporting workplace sexual harassment)
- a complaint concerning victimisation with an anti-discrimination or human rights body or with the Industrial Relations Commission of NSW for certain employees in NSW, if the consequences you faced were because you made a complaint about the workplace sexual harassment
- a complaint concerning discriminatory conduct with a WHS regulator if the consequences you faced were because you raised the workplace sexual harassment as a WHS issue
- a workers’ compensation claim with a workers’ compensation body if the consequences you have faced have caused you a workplace injury (for example, a psychological injury)
- lodge a damaging action claim in the Industrial Magistrates Court of Western Australia for certain workers in Western Australia.
You have selected: I did not report the workplace sexual harassment to my employer.
How has your employer responded to your report of workplace sexual harassment
You have selected: Less than 21 days ago
If your dismissal occurred 21 days or less ago, you may be eligible to lodge:
- an application for general protections (dismissal) with the Fair Work Commission or Queensland Industrial Relations Commission, which protects a worker from adverse action (including dismissal) if you have exercised or propose to exercise a workplace right (such as reporting workplace sexual harassment)
- an application for unlawful termination or unfair dismissal with the Fair Work Commission or a state industrial relations body if your dismissal is harsh, unjust or unreasonable
- a complaint concerning victimisation with an anti-discrimination or human rights body or with the Industrial Relations Commission of NSW for certain employees in NSW, if your dismissal was a consequence of making a complaint about the workplace sexual harassment
- a complaint concerning discriminatory conduct with a WHS regulator if your dismissal was a consequence of raising the workplace sexual harassment as a WHS issue
- a workers’ compensation claim with a workers’ compensation body if the dismissal has caused you a workplace injury (for example, a psychological injury).
You have selected: Not applicable – I faced consequences other than dismissal (such as a demotion)
If your dismissal occurred more than 21 days ago, you may be eligible to lodge:
- an application for general protections (dismissal) with the Fair Work Commission or Queensland Industrial Relations Commission, which protects a worker from adverse action (including dismissal) if you have exercised or propose to exercise a workplace right (such as reporting workplace sexual harassment)
- an unfair dismissal claim with the Western Australian Industrial Relations Commission within 28 days of the date of dismissal, if you are a worker in WA
- a complaint concerning victimisation with an anti-discrimination or human rights body if your dismissal was a consequence of making a complaint about the workplace sexual harassment
- a complaint concerning discriminatory conduct with a WHS regulator if your dismissal was a consequence of raising the workplace sexual harassment as a WHS issue
- a workers’ compensation claim with a workers’ compensation body if the dismissal has caused you a workplace injury (for example, a psychological injury).
The timeframe set by an external avenue for raising a workplace sexual harassment matter can sometimes be extended. Even if your dismissal occurred more than 21 days ago, you may be able to request that the external avenue you are seeking help from extend the timeframe.
Have you already sought help from an external avenue?
You have selected: No
You have selected: Yes, I have reported the workplace sexual harassment to an external avenue
A person who has experienced sexual harassment in the workplace and who wishes to seek help from an external avenue, will need to elect which jurisdiction and body they are going to pursue their matter with. Generally, a person is not able to pursue the same matter in multiple jurisdictions at the same time.
As a result, if a person affected by workplace sexual harassment has already attempted to address the matter through an external avenue, this may impact whether other external avenues can also help. For example, if a person has made a complaint about the workplace sexual harassment to their state-based anti-discrimination body, they may be unable to make a complaint about the same conduct to the Australian Human Rights Commission.
This will ultimately be a matter to be determined by each external avenue. The external avenue will determine your eligibility to access their services based on the information provided, noting that this can be a complex process.
You have selected: I want to be financially compensated
Financial compensation is a possible outcome in the resolution of a:
- sexual harassment complaint lodged with an anti-discrimination or human rights body
- workers’ compensation claim
- general protections, unlawful termination or unfair dismissal application lodged with the Fair Work Commission
- an unfair dismissal claim lodged with a state industrial relations body or, in Queensland, a general protections claim lodged with the Queensland Industrial Relations Commission.
Please note that it is not within the role of work health and safety regulators to award financial compensation.
You have selected: I want my employer and/or the harasser to apologise
An apology is a possible outcome in the resolution of a:
- sexual harassment complaint lodged with an anti-discrimination or human rights body
- general protections, unlawful termination or unfair dismissal application lodged with the Fair Work Commission.
Please note that it is not within the role of work health and safety regulators and workers’ compensation bodies to secure an apology.
You have selected: I want to be reinstated (go back) to my job
Re-instatement to your job can be a possible outcome in the resolution of:
- a sexual harassment complaint lodged with an anti-discrimination or human rights body
- a general protections (dismissal), unlawful termination or unfair dismissal application lodged with the Fair Work Commission
- an unfair dismissal claim lodged with a state industrial relations body or, in Queensland, a general protections claim lodged with the Queensland Industrial Relations Commission.
Please note that it is not within the role of work health and safety regulators and workers’ compensation bodies to order re-instatement.
You have selected: I want my employer to provide sexual harassment training to staff
Requiring your employer to implement sexual harassment training for staff is a possible outcome:
- in the resolution of a sexual harassment complaint lodged with an anti-discrimination or human rights body
- as a result of the involvement of a WHS regulator to improve the management of WHS risks associated with sexual harassment at your workplace.
You have selected: I want my employer to have a workplace sexual harassment policy
Requiring your employer to implement a workplace sexual harassment policy is a possible outcome:
- in the resolution of a sexual harassment complaint lodged with an anti-discrimination or human rights body
- as a result of the involvement of a WHS regulator to improve the management of WHS risks associated with sexual harassment at your workplace.
You have selected: I want my employer to dismiss (sack) the harasser
In some instances, an employer may feel they are unable to dismiss a worker accused of workplace sexual harassment because of unfair dismissal laws and/or contractual obligations. However, under the Fair Work Act 2009 (Cth) and Fair Work Regulations 2009 (Cth), sexual harassment engaged in by an employee in the course of their employment is recognised as serious misconduct. In such circumstances, an employer can dismiss an employee who has engaged in serious misconduct, which includes sexually harassing behaviours, without notice. Importantly, it is not possible for an external avenue to require that your employer dismiss the individual or individuals who harassed you.
You have selected: I want an order issued to stop the sexual harassment
A stop sexual harassment order, or a stop bullying and sexual harassment order, can be issued by the Fair Work Commission or, for certain workers in Western Australia, by the Western Australian Industrial Relations Commission.
You have selected: I want my employer and/or the harasser to be criminally prosecuted
If you believe your employer and/or the individual or individuals who harassed you has engaged in criminal conduct, you can report the matter to police. Additionally, work health and safety (WHS) regulators have the power to prosecute businesses and individuals. Generally, a prosecution will only be brought where the conduct amounts to a serious breach of WHS laws. However, the WHS regulator has a range of alternative enforcement actions they can take such as issuing improvement or prohibition notices.
You have selected: I want to feel safe at work and prevent it happening to someone else
If there is an ongoing risk to health and/or safety your work health and safety (WHS) regulator can assist. If the regulator sends an inspector to your workplace they may:
-
provide information and advice on the requirements of WHS law
-
explain the range of products and services available to the workplace
-
provide practical advice on how to eliminate or minimise the risk of injury and illness
-
investigate and/or verify compliance with legislative obligations
-
issue notices or other instructions to secure compliance with legislation