How to respond to a sexual harassment dispute application

We send a copy of an application for the Commission to deal with a sexual harassment dispute to:

• each respondent who allegedly sexually harassed an aggrieved person, and
• each employer/principal named in the application, and
• any lawyer or ‘paid agent’ 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 in connection with work
• the worker, or their industrial association, has applied for the Commission to deal with a sexual harassment dispute
• the case involves you or people you employ or engage, and
• the Commission hasn't yet made a decision about the application.

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

Complete Form F76 – Individual Respondent’s response to an application to deal with a sexual harassment dispute.

Return the completed form to us within 7 days.

If you need help, you can ask:

• your supervisor or manager
• your human resources department
• a health and safety representative
• your union or industrial association
• a lawyer or paid agent.

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

Complete Form F77 – Response from employer/principal to an application to deal with a sexual harassment dispute.

Return the completed form to us within 7 days.

If you need help, you can ask:

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

Note: Employer/principals may be liable for the conduct of their employees and agents. This means the conduct of the employee or agent is taken to be the conduct of the employer/principal.

You can object to the application if you don’t think the Commission can deal with the sexual harassment dispute.

Reasons to object to an application include:

• the aggrieved person was not a worker, or seeking to become a worker, in the business when the alleged sexual harassment happened
• the aggrieved person was not conducting a business or undertaking when the alleged sexual harassment happened
• the applicant is not an industrial association that is entitled to represent the industrial interests of an aggrieved person
• the aggrieved person is a member of the Defence Force
• the application might involve matters relating to Australia’s defence or national security, or an existing or future covert or international operation of the Australian Federal Police
• the conduct described in the application does not meet the definition of sexual harassment.
• the alleged sexual harassment did not happen in connection with work
• the alleged sexual harassment occurred (or was part of a course of conduct that commenced) before 6 March 2023 and therefore should be made under the transitional arrangements in the Secure Jobs, Better Pay Act
• the alleged sexual harassment happened more than 24 months before the application was made
• there is another application or complaint under anti-discrimination law or the Australian Human Rights Commission Act 1986 about the same conduct
• the application is frivolous or vexatious
• the application has no reasonable chance of success
• the application is for an order to stop sexual harassment only and the aggrieved person is no longer connected to the workplace such that there is no risk of continued sexual harassment.

If you object to an application, make sure you describe your reasons for objecting in 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.

Next steps will depend on what the applicant is asking the Commission to do to deal with the sexual harassment dispute. 

Find out more about the processes for dealing with sexual harassment disputes.

We will let you know what to do next. Make sure you check your phone and email regularly.

You don’t need a lawyer to come to the Commission, but you can think about getting legal advice if you are involved in a case.

Respondents who have been named in an application as having engaged in sexual harassment might be eligible for free legal advice through the Commission’s Workplace Advice Service.

Find out where to get legal help from the Commission’s Workplace Advice Service.

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