Workplace sexual harassment – what are my complaint options?

Warning about timeframes

Generally, you have 2 years to complain to the Australian Human Rights Commission or apply to the Fair Work Commission. You can still complain or apply after this time but be aware that your case may be closed or dismissed.

The 2-year time limit does not apply to tip-offs to, or requests for help from, the Fair Work Ombudsman or from a Work Health and Safety regulator.

Note: The laws covering sexual harassment in the workplace changed on 6 March 2023. This tool provides information for cases where the harassment happened after that date. If you need help with workplace sexual harassment that started or happened before 6 March 2023 please contact us.

You have said you want an order to stop ongoing or future harassment and are still connected to the workplace

You can apply to the Fair Work Commission to make a ‘Stop sexual harassment order’ (a Stop order) to prevent future harassment.

A Commission Member can make a Stop order if they decide that:

• the sexual harassment happened, and
• there is a risk that it will continue. 

Financial compensation cannot be awarded as part of a Stop order. 

If you are seeking compensation for harm caused, or another remedy, you can apply to the Commission for a stop order and also to deal with the dispute in another way. Each part of your application is handled separately, but usually at the same time to start with.

Useful links

• Apply to resolve a sexual harassment dispute (Form F75)
• What you can do if you’ve been sexually harassed

You have said you want help to talk to your employer and try to resolve the dispute

The Fair Work Ombudsman has a free online course that can help you gain the skills and confidence you need to talk to your employer.

Safe Work Australia has information for workers on what to do if you experience or witness sexual harassment at the workplace.

If you don’t feel safe reporting sexual harassment in your workplace, or if you are unable to resolve the issue with your employer, you can get help from either the Australian Human Rights Commission or the Fair Work Commission.

Both agencies usually offer conciliation as the first step in resolving sexual harassment disputes. Conciliation involves a neutral person helping you and your employer to talk about and try to resolve the complaint. Conciliation is voluntary and confidential.

A wide range of solutions can be agreed through conciliation, including:

• an apology or expression of regret
• payment of financial compensation
• implementing staff training
• workplace policies being changed or developed.

If the dispute is not resolved, you might be able to apply to have the case decided by a court or, in some circumstances, by the Fair Work Commission.

Note: Generally, you cannot take a case about the same conduct to more than one agency. The process and potential outcomes are different based on your eligibility and where you start your case. For details on the different options, please go back and select ‘I want to take my case to court'.

Useful links

• Difficult conversations in the workplace – employee course – Fair Work Ombudsman
• Workplace sexual harassment – advice for workers | Safe Work Australia
• Apply to resolve a sexual harassment dispute (Form F75)
• Make a complaint | Australian Human Rights Commission

You have said you want to take your case to court

Before you can apply to a court about sexual harassment, you first need to make a complaint with the Australian Human Rights Commission or lodge an application with the Fair Work Commission.

If the dispute is not resolved, you might be able to apply to have the case decided by a court.

Note: Generally, you cannot take a case about the same conduct to more than one agency.

The process and potential outcomes are different based on your eligibility and where you start your case. The information below may help you choose the best option for you.

Complaint made to Australian Human Rights Commission

If your complaint is not resolved, the Australian Human Rights Commission will issue a notice of termination.

This allows you to apply to the Federal Circuit and Family Court of Australia or the Federal Court of Australia to have the case determined by a judge.

Potential outcomes include:

• compensation for lost wages or economic loss
• compensation for non-economic loss (pain, suffering, distress)
• aggravated damages in serious cases
• orders to make a person perform or carry out an action
• costs orders (the losing side may be ordered to pay winning side’s legal costs).

Useful link

• Make a complaint | Australian Human Rights Commission

Application made to the Fair Work Commission

If you apply to the Fair Work Commission to deal with a dispute and it cannot be resolved, the Commission may issue a certificate. This allows you to either:

• apply to the Federal Circuit and Family Court of Australia or the Federal Court of Australia to have the case decided by a judge, or
• if both sides agree, apply to have the case decided (arbitrated) by the Fair Work Commission.

Potential outcomes include:

• compensation for lost wages or economic loss
• compensation for non-economic loss (pain, suffering, distress)
• orders to make a person perform or carry out an action.

Aggravated damages are not available in cases started in the Fair Work Commission. Costs orders are also rare, and usually each side pays their own legal costs – even if they win.

If you apply to the Fair Work Commission for a Stop order and also to deal with the dispute in another way, each part of your application is handled separately, but usually at the same time to start with.

Useful link

• Apply to resolve a sexual harassment dispute (Form F75)

You have said you want someone to investigate sexual harassment issues in your workplace

The Fair Work Ombudsman can:

• investigate individual sexual harassment allegations or systemic sexual harassment issues in the workplace
• take enforcement action against employers for not taking all reasonable steps to prevent sexual harassment (vicarious liability)
• take enforcement action against individuals that commit workplace sexual harassment.

The Australian Human Rights Commission can also inquire into, and take enforcement action, where a workplace is not complying with their positive duty to eliminate workplace sexual harassment and other unlawful conduct, as far as possible.

Your Work Health and Safety regulator may be able to investigate possible non-compliance with Work Health and Safety duties.

The Fair Work Commission does not investigate issues in the workplace.

Useful links

• Make a report about workplace sexual harassment – Fair Work Ombudsman
• How to make a complaint | Australian Human Rights Commission
• Complete the positive duty form: sex discrimination | Australian Human Rights Commission
• WHS regulators and workers' compensation authorities contact information | Safe Work Australia