Introduction
Understand who is eligible and who might not be. Use this information when the conduct started on or after 6 March 2023. If the conduct started before this date, see Sexual harassment commencing before 6 March 2023.
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Who can apply (is eligible)
An aggrieved person (a person who alleges they have been sexually harassed in connection with work) can apply for the Commission to deal with a sexual harassment dispute if they are:
- a worker in a business or undertaking, or
- seeking to become a worker in a particular business or undertaking, or
- a person conducting a business or undertaking.
An industrial association that is entitled to represent the industrial interests of an aggrieved person can also apply for the Commission to deal with a sexual harassment dispute.
Applications can be made jointly by 2 or more aggrieved persons against one or more perpetrators or employers/principals.
Broadly, a worker is an individual who performs work in any capacity, including as:
- an employee
- a contractor or subcontractor
- a small business owner who works in the business
- an employee of a contractor or subcontractor
- an employee of a labour hire agency
- an outworker
- an apprentice or trainee
- a student on work experience
- a volunteer.
Time limit to apply
Applications must usually be made within 2 years of the last alleged contravention.
The Commission may decide not to deal with a sexual harassment dispute if it is made more than 2 years after the last time sexual harassment allegedly occurred. If the Commission decides not to deal with an application for this reason, the application will be dismissed.
Who may not be eligible to apply for stop sexual harassment orders
The stop sexual harassment provisions in Part 3-5A have limited application to the Defence Force, Australia’s security agencies and the Australian Federal Police (AFP). In brief:
- stop sexual harassment orders are not available to certain members of the Defence Force
- the Commission may dismiss a stop sexual harassment order application if it considers that the application might involve matters relating to Australia’s defence, national security, or existing or future covert or international operations of the AFP
- the Chief of the Defence Force, Director General of Security and the Director-General of the Australian Secret Intelligence Service may make declarations altering the application of the stop sexual harassment order provisions, with approval of the Commonwealth Minister.
You may need to seek legal advice on how the provisions apply in these circumstances.
Defence members can apply for the Commission to deal with a sexual harassment dispute in another way (other than by arbitration), and all workers, prospective workers and persons conducting businesses or undertakings, including those in the Defence Force and security personnel, have access to other remedies for sexual harassment in connection with work under Part 3-5A of the Fair Work Act.
Find out more
Connection to the workplace
Whether an aggrieved person must still be connected to the workplace where the sexual harassment occurred depends on the outcome they are seeking.
When a workplace connection is needed
An aggrieved person must still be connected to the workplace if you ask us to:
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Make an order to stop sexual harassment OR
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Make an order to stop sexual harassment and deal with the dispute other than by arbitration.
When a workplace connection is not needed
If an aggrieved person asks us to deal with the dispute other than by arbitration, they do not need to be connected to the workplace.
Check if you are eligible to apply
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You are one of the following
- a worker
- seeking to become a worker in a particular business
- conducting a business or undertaking
- an industrial association that is entitled to represent the industrial interests of an aggrieved person
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You have experienced sexual harassment
See the prohibition on workplace sexual harassment for more information.
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The sexual harassment was in connection with work
See the prohibition on workplace sexual harassment for more information.
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Some of the sexual harassment occured within the last 2 years
You can still apply if the conduct did not occur in the last 2 years. A Commission Member may decide not to deal with the case. They may decide to dismiss the application.
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The sexual harassment began on or after 6 March 2023.
If the conduct started before this date, see Sexual harassment commencing before 6 March 2023
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You are still connected with the workplace
This is relevant if you are seeking an order to stop sexual harassment with work. If you ask us to deal with the dispute other than by arbitration, you may still apply.
Active message
You may be able to apply to us to deal with a sexual harassment dispute.
Inactive Message
You may not be eligible to apply to us to deal with a sexual harassment dispute.
Where to get legal help
Find out where to get legal help, including free legal advice for eligible people and small businesses, from the Commission’s Workplace Advice Service.