Make a report about workplace sexual harassment

Find out the different ways someone can make a report about workplace sexual harassment.

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A person must not sexually harass another person at work or in connection with work. It’s against the law. Protection from sexual harassment comes from employment, equal opportunity, anti-discrimination, work health and safety, and criminal laws.

A person can choose to handle sexual harassment however they feel comfortable. This can include speaking with someone at work or making a report or a complaint. When choosing what to do next, it can be helpful to consider what outcome is wanted. Different pathways can offer different outcomes.

Protection from adverse action

The Fair Work Act prohibits an employer from taking adverse action against an employee or a job applicant because of a workplace right, such as making an enquiry or a report. For example, firing or demoting someone because the person has made a report of workplace sexual harassment.

Multiple reports or complaints under different laws

There may be limits on making multiple reports or complaints about the same sexual harassment incident under different laws with multiple organisations. For example, you may not be able to apply to both the Fair Work Commission and an anti-discrimination body about the same conduct.

Before submitting multiple reports with different organisations, make sure you understand how these restrictions could apply to your situation.

Tip: Learn more about what sexual harassment is and when it can happen at Rules about workplace sexual harassment.

In the workplace

If sexual harassment has happened (or is happening) at your workplace, and you’re not sure what to do, you can consider talking to (if it is safe to):

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

You can consider making a report or complaint for the incident to be directly dealt with in the workplace. If available, check your workplace sexual harassment policies and procedures for more information on how to do this and what the next steps are.

You can also consider talking with someone outside the workplace, including:

Tip: Resources for difficult conversations

Raising an issue like sexual harassment in the workplace can be hard. Use our free resources to help you to prepare:

With us (the Fair Work Ombudsman)

We (the Fair Work Ombudsman) are the national workplace regulator.

We can help with issues about sexual harassment in connection with work under the Fair Work Act, including:

  • investigating a workplace for not meeting laws prohibiting workplace sexual harassment
  • taking action when someone doesn’t comply with a Fair Work Commission stop sexual harassment order.

We choose when and how to use our investigative powers as outlined in our Compliance and Enforcement Policy Compliance and Enforcement Policy. This includes appropriate enforcement action.

When appropriate, we have the power to start court proceedings for alleged breaches of laws prohibiting sexual harassment under the Fair Work Act.

We can also investigate alleged contraventions of the general protections provisions under the Fair Work Act. Find out more at Protections at work.

Learn more about getting in touch with us at Contact us. We provide information about sexual harassment laws under the Fair Work Act. We can also help you understand your options if you choose to seek further help.

An issue can also be reported anonymously using our Anonymous report form. We’ll review your report, but we won't contact you. The information you give us will help us plan our current and future education and enforcement activities. Find out more about making an anonymous report (in English or another language) at Send us an anonymous tip-off.

With the Fair Work Commission

The Fair Work Commission (the Commission) is the national workplace relations tribunal.

The Commission can deal with disputes about sexual harassment in connection with work under the Fair Work Act.

If someone believes they have been sexually harassed in connection with work, they (or an association such as a union or employer association) can apply to the Commission to:

  • make a stop sexual harassment order
  • deal with a sexual harassment dispute in another way, or
  • do both of these things.

Applications usually need to be made within 2 years after the alleged sexual harassment last happened.

The Commission can only make a stop sexual harassment order if they’re satisfied that:

  • a person has been sexually harassed
  • they are still connected to the workplace
  • there is a risk they will continue to be sexually harassed.

The Commission can deal with a sexual harassment dispute through conciliation or by making a recommendation or expressing an opinion.

If the dispute can’t be resolved, the Commission will issue a certificate allowing:

  • the applicant to progress their case to court, or
  • if both sides agree, the case to be decided by the Commission by arbitration.

If the Commission deals with the dispute by arbitration, they can make an order for one or more of the following:

  • compensation
  • lost wages
  • action to make up for loss or damage suffered.

The Commission may also express an opinion.

Eligible workers and small business employers who want help with an enquiry or issue involving workplace sexual harassment might have access to free legal advice through the Commission’s Workplace Advice Service.

Find out more about how the Commission can help, including how to apply and the Commission’s process for dealing with sexual harassment applications, at Sexual harassment.

With the Australian Human Rights Commission

The Australian Human Rights Commission (AHRC) is Australia’s independent national human rights institution. The AHRC inquires into, and attempts to resolve through conciliation, complaints about discrimination and breaches of human rights. This includes:

  • sex discrimination
  • sexual harassment
  • sex-based harassment
  • conduct creating a workplace environment that is hostile on the ground of sex
  • related acts of victimisation.

They also have powers to investigate and enforce the ‘positive duty’ under the Sex Discrimination Act.

Positive duty

Under the Sex Discrimination Act, organisations and businesses have a positive duty to take reasonable steps to eliminate, as far as possible, workplace sexual harassment, sex discrimination and other relevant unlawful conduct.

You can tell the AHRC about any concerns you have with an organisation or business not complying with the positive duty. Find out more about making a complaint or inquiry at AHRC’s Complaints page.

Sexual harassment complaints can also be made to your relevant state or territory anti-discrimination body.

With your work health and safety regulator in your state or territory

A person conducting a business or undertaking (such as an employer) has a duty to manage the health and safety risks of workplace sexual harassment.

The Commonwealth and each state and territory has a work health and safety regulator that regulates and enforces work health and safety laws and can provide advice and assistance about workplace sexual harassment. Find contact information for your work health and safety regulator in your relevant state or territory workplace.

You can access more information and resources at the Safe Work Australia website – Workplace sexual harassment.

Support services

There are support options available if you or someone you know needs help. Find out more at Sexual harassment support services.

Responding to a report

All reports of sexual harassment should be taken seriously.

Employers can find information about responding appropriately to reports of sexual harassment at Preventing workplace sexual harassment.

Employees involved in a report or complaint of workplace sexual harassment should check their employer’s workplace policies or procedures to understand how these will be dealt with. Employees can seek advice and support if they choose to. This may include workplace support programs or seeking help outside the workplace.

Find out more about the advice and support services available at Legal help and Sexual harassment support services.

Tools and resources

Related information