How to report and get support for workplace sexual harassment
Find out what reporting and support options are available if you have experienced or witnessed workplace sexual harassment.
What to do if you have experienced or witnessed workplace sexual harassment
Everyone has the right to a safe and healthy workplace free from sexual harassment. If you have experienced or witnessed workplace sexual harassment and feel safe to, you can:
- raise the issue directly with the person or people behaving this way, tell them that their behaviour is unwelcome and ask them to stop
- report the incident to your workplace, for example your manager, leader, human resources, health and safety or union representative
- make a report or complaint to a government agency.
- talk to someone you are comfortable with, such as a colleague, friend, family member or a health professional
- access support services if you need help
- support a co-worker who has experienced workplace sexual harassment.
To report physical assault, sexual assault or threats to harm someone, contact NSW Police.
Report workplace sexual harassment
If you have experienced or witnessed workplace sexual harassment and feel safe to do so, you can report the incident to your workplace, for example your manager, leader, human resources, health and safety or union representative.
If you are not able to report to your workplace, or are not satisfied with the response, there are various government agencies that offer reporting options to NSW workers.
SafeWork NSW
SafeWork NSW is the work health and safety (WHS) regulator for in NSW. SafeWork NSW provides advice to workers, workplaces, and the general community about work health and safety, including workplace sexual harassment.
You can notify SafeWork NSW of an incident directly, or make an anonymous report via the Speak Up Save Lives app.
When you report to SafeWork NSW, they may:
- investigate whether there has been a breach of WHS duties
- engage with workplaces to help them improve their workplace health and safety
- prosecute for breaches of WHS duties where appropriate.
SafeWork NSW does not:
- manage individual disputes
- provide individual remedies such as mediation or compensation.
The SafeWork NSW Service Standards explain what you can expect when you raise an issue or make an enquiry.
For WHS issues in mining, extractive and petroleum industries, please contact the NSW Resources Regulator.
Australian Human Rights Commission
The Australian Human Rights Commission conducts investigations and facilitates conciliation to help resolve individual discrimination and human rights complaints, including workplace sexual harassment.
Any outcomes from the conciliation must be agreed to by all parties.
They can include things like:
- an apology
- reinstatement of your job
- changes to policies or workplace training
- payment of compensation.
Depending on the outcome of your complaint and possible conciliation, you may also be able to apply to a court for a decision about your complaint.
Anti-Discrimination NSW
Anti-Discrimination NSW is the state government body responsible for anti-discrimination matters in NSW, including individual complaints of sexual harassment.
Anti-Discrimination NSW can facilitate a conciliation between you and the person or business you have complained about.
Any outcomes from the conciliation must be agreed to by all parties.
They can include things like:
- an apology
- reinstatement of your job
- changes to policies or workplace training
- payment of compensation.
Depending on the outcome of your complaint and possible conciliation, you may also be able to apply to the NSW Civil and Administrative Tribunal for a decision about your complaint.
Fair Work Commission
The Fair Work Commission is Australia’s national workplace relations tribunal which looks after workplace disputes, including workplace sexual harassment.
For workplace sexual harassment that commenced before 6 March 2023:
- you can apply for a ‘stop sexual harassment order’ if there is a risk that sexual harassment will continue.
For workplace sexual harassment that commenced on or after 6 March 2023:
- you can apply for a ‘stop sexual harassment order’ if there is a risk that sexual harassment will continue
- you can apply for the Fair Work Commission to deal with the dispute using its wider dispute resolution powers, such as conciliation.
Any outcomes from the conciliation must be agreed to by all parties.
For unfair dismissal or adverse action (threats or plans to dismiss an employee), you must lodge your application within 21 days of when you were dismissed from your job.
Depending on the outcome of your complaint through the Fair Work Commission, you may also be able to apply to a court for a decision.
NSW Police Force
The NSW Police Force is the primary law enforcement agency in NSW and investigates crimes including sexual offences and personal violence offences, taking a victim centric approach.
Some forms of sexual harassment may amount to criminal offences, or may be grounds for an Apprehended Violence Order (AVO) to be made for your protection.
Outcomes could include:
- criminal charges
- a criminal conviction
- protection through an AVO.
For matters involving sexual assault you are encouraged to contact the Police by calling or attending your local police station. You can request to speak with the Sexual Violence Portfolio Holder.
You can also make a report through the online Sexual Assault Reporting Option (SARO).
For more information see Guidance on reporting options for NSW workers (PDF 427.48KB).
Support and counselling services
If you have experienced or witnessed workplace sexual harassment, you can access support by contacting:
Lifeline Australia | 13 11 14 |
1800 RESPECT | 1800 737 732 |
Full Stop Australia | 1800 385 578 |
MensLine Australia | 1300 789 978 |
NSW Health Mental Health Line | 1800 011 511 |
Kids Helpline (for under 25s) | 1800 551 800 |
BeyondBlue | 1300 224 636 |
Suicide Call Back Service | 1300 659 467 |
Support for public service employees
Public service employees can get information about sexual harassment at work, reporting options and practical advice via Support Link. The interactive, digital information assistant was developed by the NSW Public Service Commission.
Resources
- Respect at work strategy 2023-2027 (PDF 2.47MB) – SafeWork NSW
- Workplace sexual harassment fact sheet (PDF 270.12KB) – SafeWork NSW
- Guide on reporting options for NSW workers (PDF 427.48KB) – SafeWork NSW
- Your rights at work – SafeWork NSW
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