What you can do if you’ve been sexually harassed

Getting support if you have experienced workplace sexual harassment is important. Talk to someone you trust about what happened. This could be someone at work, a friend, a union representative or a health professional.

If you feel safe doing so, you could tell the person their behaviour is inappropriate and ask them to stop.

You don’t have to speak to the person (or to anyone else) about what happened before coming to us. It’s your choice.

You could try to resolve the issue using support available at your work if it is safe to do so.

You could start by speaking to the:

• supervisor or manager
• human resources department
• the person your workplace says you should report sexual harassment to (contact officer), if there is one
• health and safety representative
• union representative
• an employee assistance program (EAP), if your workplace has one, you may be able to get free professional counselling.

You may not feel it is possible or safe to ask your workplace for help. This may be because:

• you do not feel supported at work
• the person who sexually harassed you may be in a senior position or a position of power
• there may not be policies or information at your workplace about how to deal with sexual harassment, or
• any other reason.

You don’t have to speak to anyone at your workplace about what happened before coming to us. It’s your choice.

Your workplace may have sexual harassment policies and processes in place. Think about whether you want to make a formal or informal complaint to human resources or your manager so it can be investigated.

You may not feel it is possible or safe to make a complaint. This may be because you do not feel supported at work, or the person who sexually harassed you may be in a senior position or a position of power, or many other reasons. There may not be policies or information at your workplace about how to deal with sexual harassment. If so, look at the options on this page to see what else you can do.

You don’t have to make a complaint about what happened before coming to us. It’s your choice.

Depending on what has happened, different government bodies might be able to help you.

These include us, the Fair Work Ombudsman, human rights, anti-discrimination and equal opportunity agencies, and workplace health and safety regulators in your state or territory.

See Sexual harassment and discrimination, the general protections and work health and safety.

For detailed information about external pathways (ways outside your workplace) to address workplace sexual harassment, visit Respect@Work.

Get legal advice

You might want to get legal help, including advice about which government body would best be able to help you.

Find out where to find legal help, including free legal advice for eligible people from our Workplace Advice Service.

Contact the Fair Work Ombudsman

The Fair Work Ombudsman has information for people who may have experienced sexual harassment in connection with work. It also has information for employers, including about protections from sexual harassment, and preventing and managing sexual harassment in the workplace. Visit the Fair Work Ombudsman’s website at Sexual harassment in the workplace.

Contact us at the Fair Work Commission

Our Helpline staff can give you information about:

• who can apply to us to deal with a sexual harassment dispute
• our processes
• how to make or respond to a sexual harassment application
• how to fill out a form
• where to find helpful information
• other organisations that might be able to help.

We can’t give you legal advice or tell you how to run your case.

Find out who can make a sexual harassment application.

You can also find out who to contact about:

• sexual harassment and discrimination
• sexual harassment and the general protections and
• sexual harassment and work health and safety.

Apply for us to deal with a sexual harassment dispute

You may be able (eligible) to apply for us to deal with a sexual harassment dispute and get orders to stop the sexual harassment.

We can deal with applications:

• for orders to stop sexual harassment in connection with work
• to deal with the application another way (for example a conference) or
• both of the above.

Note: if sexual harassment happened or started before 6 March 2023, we can only deal with applications for orders to stop sexual harassment at work.

See Who can make a sexual harassment application.

Contact the Australian Human Rights Commission

The Australian Human Rights Commission (AHRC) accepts complaints about sexual harassment and sex-based discrimination.

Their website also has links to support services for sexual harassment, sexual assault, mental health, rape, domestic violence and work health and safety in each state and territory.

Note: The law says if you have filed a complaint under an anti-discrimination law or to the AHRC, unless you are only applying for orders to stop sexual harassment, you cannot also apply to us to help resolve the dispute. If you have applied to us to help resolve the dispute, unless you have only applied to us for order to stop sexual harassment, you cannot also make an application or complaint under an anti-discrimination law or to the AHRC.

Some forms of sexual harassment are also crimes.

To find out more, contact your local police station on 131 444 (Australia wide).

When you are part of a legal case it can be a stressful time. Help is available so you can look after your mental health and wellbeing.