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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 sexual harassment.

You will need this information if you want to make a complaint to an outside body, such as SafeWork NSW, the Fair Work Commission or the Australian Human Rights 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 have different legal options to choose from, with different time limits. The best type of action to take will likely depend on your circumstances and what you want to achieve.

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

Deal with it internally

If you are being sexually harassed at work, you should generally first try and deal with the issue internally (if you feel safe to do so). You could: 

  • talk to the person responsible for the behaviour (if you feel safe to)
  • ask your co-workers and/or manager to help you make an internal complaint
  • speak with your employer, manager, or Human Resource Department
  • speak to a Work Health Safety Officer at work
  • report the issues to your union (if you are a member)
  • follow the formal grievance procedure in your workplace
  • make a formal complaint in writing about the behaviour.

You have a right to make a complaint and are protected for doing so. If you are treated badly because you made the complaint, that is called victimisation – it is not OK. 

You should try to communicate your concerns 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 are agencies outside your workplace to help you. Where you can go will depend on the behaviour.

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

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

If this is the case, you can complain about the behaviour to the Fair Work Commission, SafeWork NSW, Fair Work Ombudsman, Anti-Discrimination NSW, or the Australian Human Rights Commission without speaking to anyone at your workplace first.

Apply to the Fair Work Commission

If you have experienced sexual harassment in the workplace and are still working there, 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 conciliation conference. This option has a time limit.

You should get legal advice about these two different options as early as possible. 

Report the behaviour to SafeWork NSW

SafeWork NSW is a government organisation responsible for ensuring that employers meet 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 to Anti-Discrimination NSW or the Australian Human Rights Commission

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

  • Anti-Discrimination NSW, or
  • the Australian Human Rights Commission (AHRC).

AHRC deals with complaints about sexual harassment and discrimination covered by federal discrimination laws.

Anti-Discrimination NSW deals with complaints about sexual harassment and discrimination under NSW law.

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

You cannot 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 does not comply with an order to stop sexual harassment made by the Fair Work Commission.

They do not 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 Sexual harassment in the workplace on the Fair Work Ombudsman website.

Speak to the police

Some forms of sexual harassment, such as sexual assault or physical assault, 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. It is helpful to take a support person you trust with you to talk to police.

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 the police will not 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 stressful and upsetting. If you have been sexually harassed at work, you may be ill, 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 have not 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 cannot work because of a temporary illness or injury.

If you have not 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.