Respond to an application about sexual harassment at work

When a worker applies for an order to stop sexual harassment at work, we send a copy of their application to:

• each person named in the application as having engaged in sexual harassment
• each employer (or principal) named in the application
• any lawyer or paid agent who has told us they are involved in the case.

If we send you a copy of the application, it means:

• a worker believes one or more people has sexually harassed them at work
• the worker has applied for an order to stop the sexual harassment
• the case involves your workplace or your conduct, and
• the Commission hasn't yet made a decision about the application.

We send you a copy of the application so that you know about it and can respond.

You must respond to the application within 7 days using Form F73.

We usually ask you to send your response, using the contact information provided on their Form F72, F73 or F74, to:

• the worker who made the application
• each person named in the application as having sexually harassed the worker 
• any other employer (or principal) named in the application, and
• each person’s representative (lawyer or paid agent), if they have one.

You may be able to get help to respond to an application about sexual harassment at work from:

• a lawyer or paid agent
• an employer association
• a chamber of commerce
• a peak industry body 
• your state or territory Department of Business 
• your state or territory health and safety authority.

Link to form

• Form F73 – Response from an employer or principal

We send you a copy of the application so that you know about it and can respond. If want to respond, you should do so within 7 days using Form F74.

Using the contact information provided on the application (Form F72) and response (Forms F73 and F74), we usually ask you to send your response to:

• the worker who made the application
• each other person named in the application as having engaged in sexual harassment 
• each employer (or principal) named in the application, and
• each person’s representative (lawyer or paid agent) if they have one.

You may be able to get help to respond to an application about sexual harassment at work from:

• your supervisor or manager
• the human resources department
• a health and safety representative
• a union representative.

Link to form

• Form F74 – Response from a person named

Additional support

You could also consider contacting these organisations and agencies for support:

• an Employee Assistance Program (EAP)
• Lifeline or call 13 11 14 – 24 hour crisis support and suicide prevention services for all Australians experiencing emotional distress
• 1800Respect or call 1800 737 732 – National sexual assault, domestic family violence counselling service
• Beyond Blue or call 1300 22 4636 – information and support to help everyone in Australia achieve their best possible mental health, whatever their age and wherever they live
• ReachOut
• Kids Helpline or call 1800 55 1800
• MensLine Australia or call 1300 78 99 78
• Suicide Call Back Service or call 1300 659 467

You can object to the application if you don’t think the Commission can make orders to stop sexual harassment in the case.

Reasons to object to an application include:

• the conduct described in the application does not meet the definition of sexual harassment at work
• the worker is not covered by the law that allows orders to be made to stop sexual harassment at work (see Who can apply for orders to stop sexual harassment at work)
• the application is frivolous or vexatious
• the application has no reasonable chance of success.

If you object to an application, make sure you describe your reasons for objecting on the response form. It is particularly important that you send us your response if you want to challenge the application. This information helps the Commission decide what to do next.

Find out where to get legal help, including free legal advice for eligible people and small businesses from the Commission’s Workplace Advice Service.

Every case is different. When we receive your response, we consider it and decide the next steps.

This can include:

• trying to resolve the case using conciliation
• a conference or hearing.

We will let you know what to do next. Make sure you check your phone and email regularly so that we can contact you about the case.