Sexual harassment laws in Australia aim to create safer workplaces for everyone. These laws clearly define what sexual harassment is and how it must be addressed. They apply across all workplace settings to ensure individuals are treated with dignity and respect.
In recent years, the laws have been updated to focus more on prevention. Employers now have a stronger duty to stop sexual harassment before it happens. This includes taking reasonable steps to create a respectful and safe work environment.
In this guide, we’ll explain what sexual harassment is, how the law works, who it protects, and what you can do if it happens to you or someone you work with.
What Is Sexual Harassment?
Sexual harassment refers to any unwanted conduct of a sexual nature that causes a person to feel offended, humiliated, or intimidated. It may involve physical, verbal, or non-verbal actions, and under Australian law, even a single incident can amount to unlawful behaviour.
How Is It Defined in Law?
The definition of harassment in law focuses on the experience of the person on the receiving end. The law asks whether a reasonable person would expect the conduct to make someone feel uncomfortable or threatened, regardless of the harasser’s intent.
Common Forms of Sexual Harassment
While sexual harassment can vary widely, some of the most commonly reported behaviours include:
- Unwanted touching or physical advances
- Sexually explicit comments, jokes, or questions
- Repeated requests for dates or sexual contact
- Lewd gestures or suggestive body language
- Sharing inappropriate videos, images or messages
- Sexual comments made via emails, texts, or social media
These actions are considered sexually harassing when they are unwelcome and create an intimidating or hostile work environment.
What Are the Current Sexual Harassment Laws in Australia?
Sexual harassment laws in Australia are covered under several key legal frameworks that work together to protect individuals in the workplace. These laws are designed to prevent inappropriate conduct and to hold individuals and organisations accountable when sexual harassment occurs.
Key Legal Protections
The main legislation addressing sexual harassment includes:
- Sex Discrimination Act 1984 (Cth) – Under Section 28B, this Act defines and prohibits sexual harassment in areas such as employment, education, and service delivery.
- Fair Work Act 2009 (Cth) – This law offers protections against sexual harassment as part of general workplace rights and includes powers for the Fair Work Commission to resolve disputes.
- Respect at Work Amendments – Recent reforms have strengthened the duty of employers to take proactive steps in preventing sexual harassment, shifting the legal focus from responding after the fact to taking preventative action.
These frameworks operate together to ensure that both individuals and organisations are legally responsible for preventing and addressing sexually harassing behaviour.
What Is Expected of Employers?
Under the latest updates, employers are now required to:
- Take reasonable steps to prevent harassment
- Provide appropriate policies, training, and complaint processes
- Respond promptly and fairly to any reports of misconduct
Failing to meet these obligations may result in legal consequences for the employer, even if the harassment was carried out by an employee or third party.
Why Were These Laws Introduced or Updated?
The strengthening of sexual harassment laws in Australia reflects a broader shift toward building safer, fairer, and more respectful workplaces. The reforms are part of a national response to long-standing issues of workplace misconduct, and they aim to address the power imbalances and cultural attitudes that allow harassment to occur.
The Push for Change
Several key reports and inquiries, including the Australian Human Rights Commission’s Respect@Work report, found that sexual harassment was widespread in Australian workplaces. Many people affected by harassment were either afraid to report it or unsure how to respond. These findings highlighted the urgent need for stronger legal protections and clearer responsibilities for employers.
From Reaction to Prevention
Historically, laws focused on responding to sexual harassment after it happened. The new approach focuses on preventing hostile working conditions in the first place. By shifting responsibility onto employers to take proactive steps, the law now encourages organisations to:
- Identify risks early
- Provide clear and accessible reporting procedures
- Foster workplace cultures built on respect and safety
This shift also acknowledges that dealing with harassment should not fall solely on individuals — it’s a shared responsibility between employers, leaders, and employees.
Who Do These Laws Apply To — And Who Is Protected?
Sexual harassment laws in Australia apply broadly to ensure that everyone in the workplace is protected, regardless of their employment status. These laws are designed to cover a wide range of workplace settings and relationships, recognising that harassment can occur in many different environments.
Who Has a Duty Under the Law?
The laws apply to a wide group of people and organisations, including:
- Employers and business owners
- Managers and supervisors
- Employees (full-time, part-time, or casual)
- Contractors and subcontractors
- Apprentices and trainees
- Volunteers and interns
- Job applicants
- Customers or clients, in some circumstances
All of these groups can be held responsible if they engage in, allow, or fail to act on sexual harassment in the workplace.
Who Is Protected?
Everyone in the workplace is protected under these laws. This includes people working:
- In private companies or government departments
- On-site, remotely, or from home
- As employees or in unpaid roles
- In short-term or long-term positions
These protections are particularly important in preventing sexual discrimination in the workplace, ensuring that every person has the right to feel safe and respected regardless of their gender, position, or background.
Coverage Beyond Traditional Workspaces
The law also recognises that harassment may occur outside the traditional office setting. Protections apply at:
- Work functions and business events
- Online meetings and email communications
- Off-site work-related activities
This comprehensive coverage ensures that the legal system reflects modern work environments and the real-world experiences of workers across Australia.
Can You Be Charged for Harassment?
Yes, in Australia, a person can be charged for harassment if their behaviour breaches criminal or civil laws. While not all forms of sexual harassment result in criminal charges, serious or repeated actions may lead to legal consequences.
Civil vs Criminal Action
There are two main types of legal pathways when it comes to sexual harassment:
1. Civil Action
Most sexual harassment cases are dealt with through civil complaints under the Sex Discrimination Act or the Fair Work Act. This involves reporting the incident to the Australian Human Rights Commission (AHRC) or the Fair Work Commission. Outcomes may include mediation, compensation, or orders for policy changes in the workplace.
2. Criminal Charges
If the conduct involves threats, assault, stalking, or indecent acts, it may also breach state or territory criminal laws. In these cases, police may lay criminal charges, which could lead to fines or imprisonment.
When Does Harassment Become a Criminal Offence?
Sexual harassment may lead to criminal proceedings if it involves:
- Physical or sexual assault
- Stalking or following someone
- Threatening or intimidating behaviour
- Repeated unwanted contact or harassment outside of work
In such cases, the matter is usually handled by the police and may proceed through the criminal court system.
The Importance of Evidence
Whether the case is civil or criminal, keeping detailed records can make a difference. Victims are encouraged to document:
- Dates and times of incidents
- Descriptions of what occurred
- Witnesses, if any
- Communications such as messages or emails
Legal action, whether civil or criminal, can be complex. This is why many individuals seek advice from a sexual harassment lawyer to understand their options and rights under the law.
What Can You Do If You’re Sexually Harassed at Work?
If you experience sexual harassment in the workplace, you have the right to take action. The law provides several pathways to help you seek support, protection, and resolution. While every situation is different, it’s important to act early and understand your options.
1. Speak Up (If You Feel Safe to Do So)
If you feel comfortable, you can tell the person that their behaviour is unwelcome and must stop. Sometimes, people are unaware that their conduct is inappropriate. However, this step is not required, especially if it may put your safety or wellbeing at risk.
2. Report the Incident Internally
Most workplaces are legally required to have policies and procedures in place to deal with sexual harassment. You can report the behaviour to:
- Your manager or supervisor
- A human resources representative
- A designated complaints officer
Keep written records of your complaint, including dates and a copy of any written communication.
3. Make a Formal Complaint
If internal reporting does not resolve the issue, or if you do not feel safe doing so, you can lodge a complaint with an external body:
- Australian Human Rights Commission (AHRC)
- Fair Work Commission, if the issue affects your workplace rights
- State or territory anti-discrimination commissions
These organisations can investigate, mediate, or refer your matter for further action.
For immediate emotional support, you can contact 1800RESPECT, a free and confidential 24/7 national service
4. Seek Legal Advice
Speaking with a sexual harassment lawyer can help you understand your legal rights and decide the best course of action. A lawyer can assist with:
- Preparing your complaint
- Representing you during mediation or tribunal proceedings
- Exploring options for sexual assault compensation, where applicable
You do not have to go through this process alone — support services, legal professionals, and regulatory bodies are available to help.
How Can Employers Prevent Sexual Harassment?
Employers in Australia have a legal obligation to take proactive steps to prevent sexual harassment in the workplace. The law recognises that a safe and respectful environment does not happen by chance — it must be supported through clear policies, regular training, and strong leadership.
A Positive Duty to Act
Recent reforms under the Respect at Work framework introduced a positive duty for employers. This means they are now required to take reasonable and proportionate measures to eliminate sexual harassment, rather than waiting for a complaint to be made.
This duty applies to all types of employers, regardless of the size of the business or the industry.
Steps Employers Should Take
To comply with the law and protect their staff, employers are expected to:
- Develop clear policies that outline what constitutes sexual harassment and how it will be handled
- Provide regular training to employees and managers on respectful workplace behaviour
- Establish confidential reporting channels and a fair complaints process
- Respond promptly to reports of harassment and take disciplinary action when needed
- Monitor workplace culture and make improvements where risk factors are identified
Employers must also make sure that all employees, including casuals, contractors, and volunteers, are aware of their rights and the standards of behaviour expected in the workplace.
Consequences of Inaction
If an employer fails to take these steps, they may be held legally responsible for incidents of sexual harassment that occur within their organisation. This could lead to reputational damage, financial penalties, and formal complaints to the Human Rights Commission or the Fair Work Commission.
Taking meaningful action helps not only with legal compliance but also with building a culture of respect at work — one where all employees feel valued, safe, and supported.
Know Where You Stand on Sexual Harassment Laws
Sexual harassment laws in Australia provide clear protections for everyone at work. They define unacceptable behaviour, outline employer responsibilities, and encourage safer workplaces across all industries.
If you’ve experienced sexual harassment or are unsure how to respond to a workplace issue, seeking legal advice can make a real difference.
KPT Legal offers confidential support and guidance to individuals and businesses dealing with workplace harassment. Their team can help you understand your rights and take the right steps forward.
