Sexual Harassment in the Workplace

Sexual harassment is against the law – who to tell and what to do if it happens to you.

Sexual harassment is any unwanted or unwelcome sexual behaviour, which makes a person feel offended, humiliated or intimidated, including unwanted comments or suggestions of a sexual nature to another person and/or inappropriate touching of another person.

Sexual harassment is not interaction, flirtation or friendship which is mutual or consensual.

Sexual harassment at work is against the law.  Sexual harrassment can be committed by an employer, workmate or other people in a working relationship with you.

If it happens to you, you should tell the offender that the behaviour is unacceptable, and that they should stop immediately. You should then let someone in charge know what has happened, when it occurred and the names of anyone who witnessed the incident.

Your workplace should have policies and procedures in place to help you to deal with the situation, however if you feel your case isn’t being dealt with properly, you can lodge a complaint with the relevant organisation in your region.

You have the right to make a complaint. If you make a complaint about sexual harassment and, as a result, your employer takes adverse action against you (for example, by reducing your hours or dismissing you), you may have a general protections claim.

FYI – If you don’t report it to your employer, no-one will know – tell someone. All sexual harassment involving physical contact can be reported to Police immediately. If you are experiencing any forms of harassment you should speak to your employer.

Differences between states

Northern Territory

Should you need advice or assistance, or wish to lodge a complaint (within 12 months from the date that the incident occurred), contact the Anti-Discrimination Commissioner.

In the Northern Territory, sexual harassment and discrimination are addressed in both Territory and federal legislation. These laws differ slightly in setting out the grounds for discrimination, and it is important to seek legal advice as to which best applies to your situation. The timeline for pursuing complaints under NT legislation is 6 months, and under federal legislation it is 12 months.

For further advice you can contact the Central Australian Women’s Legal Service on 08 8952 4055 or the NT Working Women’s Centre on 08 8981 0655 in Darwin, or in Alice Springs on 08 8952 5255.

ACT

Should you need advice or assistance, or wish to lodge a complaint (within 2 years from the date that the incident occurred), contact the  ACT Human Rights Commission.

If you want some legal advice about sexual harassment at work, contact the Women’s Legal Centre ACT.

Western Australia

Your workplace should have policies and procedures in place to help you to deal with the situation, however if you feel your case isn’t being dealt with properly, you can lodge a complaint within 12 months from the date that the incident occurred with the Equal Opportunity Commission.

Before lodging a claim it is best to get legal advice. You can get legal advice by calling the Employment Law Centre on 1300 130 956 or 9227 0111.

NSW

Should you need advice or assistance, or wish to lodge a complaint (within 12 months from the date that the incident occurred), contact the Anti-Discrimination Board New South Wales or the Australian Human Rights Commission.

Victoria

Should you need advice or assistance, contact the Victorian Equal Opportunity & Human Rights Commission.

South Australia

Should you require further advice and assistance, contact the Equal Opportunity Commission.

Tasmania

Should you need advice or assistance, or wish to lodge a complaint (within 12 months from the date that the incident occurred), contact the Anti-Discrimination Commissioner.

Queensland

Should you need advice or assistance, or wish to lodge a complaint (within 12 months from the date that the incident occurred), contact the Anti-Discrimination Commission Queensland or the Australian Human Rights Commission.