Who can apply for orders to stop sexual harassment at work

To apply to the Commission to stop sexual harassment at work, you must be: 

• a worker and 
• working in a constitutionally covered business and
• still connected to the workplace where the conduct occurred. 

The sexual harassment must have occurred when the worker was at work. A worker can be at work even when they’re working away from the work premises.

For detailed information about when a worker is at work, see our Orders to stop sexual harassment benchbook.

A worker can be: 

• 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. 

A workplace is owned or operated by a constitutionally-covered business if it is: 

• a constitutional corporation. This includes: 
  • proprietary limited (Pty Ltd) companies
  • foreign corporations
  • trading or financial corporations formed within the Commonwealth of Australia 
• the Australian Government 
• a Commonwealth authority, which means:
  • a body corporate established for a public purpose by or under a Commonwealth law, or 
  • a body corporate incorporated under a Commonwealth, state or territory law where the Commonwealth has a controlling interest in that body  
• a body corporate incorporated in a territory of Australia  
• a business or organisation conducted principally in a territory of Australia or a place acquired by the Commonwealth for public purposes. 

A workplace may not be a constitutionally-covered business if it is: 

• a sole trader or partnership 
• a state government department  
• a non-corporate state public sector agency 
• a local government not engaged in trade or financial activity

You may need legal advice to decide whether a workplace is covered by the laws to stop sexual harassment at work.

Members of the Defence force are not covered by the laws to stop sexual harassment at work. 

Find out more 

• Department of Defence – military justice
• Comcare – workplace sexual harassment

1. Have you experienced sexual harassment at work?
2. Are you working in a constitutionally-covered business?
3. Are you still connected to the workplace?

If you answered yes to all 3 questions, you may be eligible to apply.

Find out how to apply to stop sexual harassment at work.

What if I have been bullied and sexually harassed at work?

The Commission can make orders to stop both bullying and sexual harassment at work.

If you reasonably believe you have experienced both bullying and sexual harassment at work, you only need to fill in one form to apply for an order to stop the behaviour. The Commission can deal with both issues at the same time.

You can also find out how to stop bullying at work.

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