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Taking action against sexual harassment

Information about the steps you can take if you have been sexually harassed at work.

Keep a record

If you have been sexually harassed at work, you should keep a record of any incidents. You should keep detailed notes that include the date, time, place, names of people involved and witnesses to each incident.

You should also keep a copy of any emails, Teams messages, grievances, reports or other communications, including about any meetings to address the harassment.

You will need this information if you want to make a complaint to an outside body, such as SafeWork NSW or the Fair Work Commission.

Get legal advice

Before you take action to address sexual harassment in the workplace, you should get legal advice about what options you have to address your situation. In most cases, you will only be able to make one type of claim. The best type of action to take will likely depend on your circumstances.

You can get legal advice from Legal Aid NSW Respect at Work Legal Service.

Deal with it internally

Generally, If you are being sexually harassed at work, you should first try and deal with the issue internally if it is safe to do so. You can: 

  • talk to the person responsible for the behaviour, if it is safe to do so
  • ask your co-workers and/or manager to help you make an internal complaint
  • speaking with your employer or manager
  • speaking to a Work Health Safety Officer
  • reporting your matter to your union (if you are a member)
  • following the formal grievance procedure in your workplace
  • making a formal complaint in writing about the behaviour.

You have a right to make a complaint under the Fair Work Act and are protected for making this type of complaint. You should try to communicate in writing. You should have a look at your workplace policies for the process you need to follow.

If you have a meeting, you should keep written records from all meetings that you attend about what was said, when, where and who was involved. You could also ask to have someone with you for support and as a witness.

If your situation does not improve, there may be agencies outside your workplace to help you. Where you can go will depend on the behaviour.

If you make a complaint and you are being treated worse because you made the complaint, you should consider any workplace policies or processes to deal with the issue, such as complaining to the Human Resources Team, if your workplace has one. You should also get legal advice about taking further action, for example, making a general protections dispute application to the Fair Work Commission.

You can get free legal advice from the Respect at Work Legal Service.

You may not want to speak to anyone at work if:

  • you don’t feel supported by your employer or manager
  • your employer or manager is responsible for the harassment
  • your workplace may not have appropriate procedures to deal with sexual harassment.

If this is the case, you can apply to the Fair Work Commission without speaking to anyone at your workplace first.

Apply to the Fair Work Commission

If you have experienced sexual harassment in the workplace, you can apply to the Fair Work Commission for an order to stop sexual harassment.

The purpose of this order is to prevent future sexual harassment.

For more information, see Apply for an order to stop sexual harassment.

You may can also ask the Fair Work Commission to deal with your dispute in another way, including by holding a conference.

Complain to SafeWork NSW

SafeWork NSW is responsible for ensuring that employers met their duties under Work Health and Safety laws and regulations.

SafeWork NSW can investigate whether your employer has breached their duties and prosecute them for serious breaches of Work Health and Safety laws.

There is no time limit to report sexual harassment to SafeWork NSW. However, there may be time limits for investigations and criminal prosecutions to take place.

You can report sexual harassment by:

For more information, see Sexual harassment on the SafeWork NSW website.

Complain about discrimination

If you have been sexually harassed in the workplace, you may be able to complain to:

  • Anti-Discrimination New South Wales, or
  • the Australian Human Rights Commission (AHRC).

AHRC deals with complaints about workplace bullying, harassment or discrimination covered by federal discrimination laws.

Anti-Discrimination New South Wales hears complaints about discrimination under New South Wales law, including sexual harassment.

Which organisation you should complain to will depend on your individual circumstances.

You can’t complain to both organisations at the same time.

For more information, see Discrimination at work.

Complain to the Fair Work Ombudsman

In some circumstances, you may be able to complain to the Fair Work Ombudsman about sexual harassment. The Fair Work Ombudsman can only help if the workplace sexual harassment involves a breach of your general protection rights under the Fair Work Act 2009 (Cth). They can:

  • investigate a workplace for not complying with the laws prohibiting workplace sexual harassment
  • take action against someone who doesn’t comply with an order to stop sexual harassment made by the Fair Work Commission.

They don’t deal with all kinds of workplace problems, including issues relating to Work Health and Safety and unfair dismissal.

Before you complain to the Fair Work Ombudsman, you must make a complaint to the Fair Work Commission.

For more information, see Making a complaint about workplace sexual harassment on the Fair Work Ombudsman website.

Speak to the police

Some forms of sexual harassment may be a criminal offence.

If you have immediate concerns for your safety, you should call triple zero (000).

You can also visit your nearest police station to report a crime. To find your nearest police station, see Police Station Search on the NSW Police Force website.

If you need extra support, you could ask to speak to the:

  • Domestic Violence Liaison Officer
  • Aboriginal Community Liaison Officer
  • Multicultural Community Liaison Officer
  • Gay and Lesbian Liaison Officer
  • Youth Liaison Officer.

You can also:

The police may charge your harasser or apply for an Apprehended Violence Order (AVO) to protect you from further sexual harassment.

If you the police won’t apply for an AVO, you may be able to make a private application. For more information, see Getting an AVO.

Speak to your GP or counsellor

Sexual harassment at work can be very stressful and upsetting. If you have been sexually harassed at work, you may be ill, or experiencing anxiety or another psychological injury because of the harassment.

You can speak to your GP about your health and get a medical certificate, Your GP may be able to offer you treatment or refer you to a psychologist.

You should check whether your employer provides free access to a counselling service.

You could use any sick leave or other leave entitlements you have accrued to allow you time to recover. You may need to follow your workplace’s usual process of notice and evidence, for example, providing a medical certificate if you take time off work.

For more information, see Leave.

You can also speak to:

  • Lifeline on 13 11 14 – 24-hour counselling service providing emotional support in times of crisis
  • 1800RESPECT (1800 737 732 – a free 24hr counselling service providing to support people impacted by domestic, family or sexual violence
  • Mental Health Line on 1800 011 511 – 24-hour support service across New South Wales that can connect you with a mental health professional
  • Headspace on (02) 9114 4100 – a national youth mental health foundation that helps young people between 12 and 25 who are going through a tough time.

Apply for workers compensation

If you have suffered a physical or psychological injury at work because of sexual harassment, you may be able to make a claim for workers compensation.

Workers compensation provides support for workers and covers the employees:

  • wages while they are unable to work
  • medical expenses, treatment and rehabilitation costs.

You should lodge a claim as soon as possible and no later than six months from the date of your injury or illness.

For more information, see Workers compensation.

Make an insurance claim

If you have an income protection policy and you haven’t been well enough to work because of sexual harassment, you may also be able to lodge a claim under your insurance policy.

Income protection insurance pays part of your lost income if you can’t work because of a temporary illness or injury.

If you haven’t purchased an income protection policy, you should check whether you have a policy through your superannuation fund. Most superannuation funds offer income protection insurance to their members.

For more information, see Income protection insurance on the moneysmart website.