Where to seek help if you've experienced workplace sexual harassment
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This page was first created in March, 2022
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.
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 pages and download national and/or state/territory guides.
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.
Quick reference guides
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).
Contacts
- Website: humanrights.gov.au
- Email: infoservice@humanrights.gov.au
- National Information Service: 1300 656 419
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.
Contacts
- Website: www.fwc.gov.au
- Email: general.enquiries@comcare.gov.au or whs.help@comcare.gov.au
- Phone: 1300 366 979
- Mail: GPO Box 9905,
Canberra, ACT 2601 - Online enquiry form
- Translation and interpreter service: 13 14 50
- Teletypewriter (TTY) users call 133 677 and ask for 1300 366 979
- Speak and Listen users call 1300 555 727 and ask for 1300 366 979
- Internet relay users connect to the National Relay Service (NRS) and ask for 1300 366 979
- SMS relay users call 0423 677 767 and ask for 1300 366 979
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:
- an order to stop sexual harassment or an order to stop bullying and sexual harassment (stop sexual harassment order)
- general protections
- unlawful termination
- unfair dismissal
Contacts
- Website: www.fwc.gov.au
- Phone: 1300 799 675
- Online enquiry form
- Language help for non-English speakers
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.
Contacts
- Website: www.fairwork.gov.au
- Phone: 13 13 94
- Mail: Fair Work Ombudsman, GPO Box 9887, insert your capital city and state/territory
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