Advice if you are affected by sexual harassment at work
Find out what reporting and support options are available if you have experienced workplace sexual harassment, witnessed it or know someone who has been affected.
Understanding your options
If you or someone you know experiences sexual harassment in the workplace, it can be difficult to know what to do. You may not be sure how to handle it or if reporting it could lead to negative repercussions, such as, job dismissal or intimidation.
If you've been affected by sexual harassment, whether it happened to you or you witnessed it, there are different actions you can take to address the issue, get support, and make a report.
- If you feel safe and comfortable, consider speaking directly with the person or people engaging in the behaviour. Let them know their actions are unwelcome and ask them to stop.
- You can report the harassment to someone at your workplace for example your manager, Human Resources, work health and safety manager, work health and safety representative or union representative. Your workplace should have a work health and safety (WHS) policy in place to address workplace sexual harassment. Learn about your workplace’s WHS responsibilities.
- Contact NSW Police immediately to report physical assault, sexual assault, or threats to harm someone.
- Connect with someone that you trust, a colleague, friend, family member, or health professional, to talk about what you're going through. You can also access a range of support services.
Report workplace sexual harassment to a government agency
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.
See what options are available for reporting workplace sexual harassment and understand the roles these different organisations play.
SafeWork NSW
SafeWork NSW are New South Wales' workplace health and safety (WHS) regulator. 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.
The Australian Human Rights Commission also has the power to ensure organisations and businesses comply with the positive duty in the Sex Discrimination Act to eliminate work-related sexual harassment and other relevant unlawful behaviours, as far as possible. This came into effect in December 2023.
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).
Access support and counselling services
If you have experienced or witnessed workplace sexual harassment, check with your workplace if you have access to counselling services through an Employee Assistance Program.
You can also 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.
Supporting someone affected by sexual harassment
You can support friends or colleagues who have experienced sexual harassment by offering appropriate care. Your role isn't to be an informal psychologist, investigate or personally take action against the harasser. Instead, if you're comfortable, you can help your friend or colleague feel safe and assist in their recovery.
Resources
- 24/7 Support services guide (PDF 236.64KB) – 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
- Positive duty explained (PDF 147.79KB) - SafeWork NSW
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