Introduction
Understand the different laws that apply to sexual harassment.
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Sexual harassment and discrimination
Some types of discrimination are against the law under federal, state and territory laws dealing with human rights, anti-discrimination and equal opportunity.
The law says that organisations and businesses have a positive duty to end, as far as possible:
- Discrimination because of sex in a work context
- Sexual harassment in connection with work
- Sex-based harassment in connection with work
- Conduct creating a workplace environment that is hostile on the ground of sex
- Related acts of victimisation.
To find out more, visit the Australian Human Rights Commission. Their website includes information about sex discrimination and Guidelines for Complying with the Positive Duty under the Sex Discrimination Act 1984.
You can also visit the human rights, anti-discrimination or equal opportunity commission in your state or territory:
- ACT Human Rights Commission
- Anti-discrimination New South Wales
- Northern Territory Anti-Discrimination Commission
- Queensland Human Rights Commission
- Office of the Commissioner for Equal Opportunity [SA]
- Equal Opportunity Tasmania
- Victorian Equal Opportunity and Human Rights Commission
- Equal Opportunity Commission [WA]
Multiple actions related to sexual harassment
You cannot make an application to us to deal with a sexual harassment dispute and an application or complaint under an anti-discrimination law or the Australian Human Rights Commission Act 1986.
The exception to this is if you are only applying to us for an order to stop sexual harassment. Then you can also make an application or complaint under an anti-discrimination law or the Australian Human Rights Commission Act 1986.
For information about different complaints that can be made under anti-discrimination laws, including how to make a complaint and what the potential outcomes of a complaint are, see the Respect@Work Council’s Guide to external pathways in Australia to address sexual harassment (pdf).
Sexual harassment and the general protections
If you think you’ve been sexually harassed because you made a complaint or enquiry about your employment, or because you have a workplace right, you might be able to apply for us to deal with a general protections application.
If you think adverse action has been taken against you because you made a complaint or enquiry about sexual harassment, you might be able to apply for us to deal with a general protections application.
Sexual harassment and work health and safety
Under model work health and safety laws, businesses and organisations must provide a safe workplace by making sure that people in their workplace are not exposed to health and safety risks.
This includes the risk of sexual harassment. Sexual harassment can happen between workers and other people at their workplace, including customers, clients, suppliers or visitors to the business.
To find out more, visit:
- Our free workplace sexual harassment online course
- Fair Work Ombudsman for advice on sexual harassment in the workplace
- Safe Work Australia for information about work health and safety duties
- National regulator: Comcare.
You can also visit the work health and safety authority in your state or territory:
Resources
Content
The Respect@Work information service provides information about your workplace rights and responsibilities under the Federal Sex Discrimination Act 1984 and other laws about workplace sexual harassment or workplace sex-based discrimination.
SafeWork Australia has a Preventing workplace sexual harassment guide.
Comcare has information about Harassment including sexual harassment. They also have training modules available through their online Learning Management System.