Sexual Harassment Australia
Sexual harassment in Australia is not covered by one law. Four systems overlap, and which one a matter travels through changes the remedy and the timeframe.
- The Sex Discrimination Act. Federal. Unlawful conduct, plus the positive duty on employers to prevent it.
- The Fair Work system. Stop sexual harassment orders and, in some cases, dismissal and general protections claims.
- Work health and safety law. Sexual harassment is a psychosocial hazard, which makes it a safety duty owed to workers, not only a conduct issue.
- State and territory anti-discrimination law. Separate bodies, separate timeframes.
A person can often choose which pathway to use, and employers frequently prepare for one while a matter proceeds under another entirely. Work out which system you are in before you decide how to respond. The Australian Human Rights Commission and the Fair Work Ombudsman cover the first two. This is general information rather than legal advice.
See Sentrient’s sexual harassment course and workplace compliance courses.
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The New York Times recently published an article about Alexandria Ocasio-Cortez where she took to the House floor to read into the Congressional Record a sexist vulgarity that Representative Ted Yoho, a Florida Republican, had used to refer to her. It was reported that Ms Ocasio-Cortez had several others who shared stories where they had […]
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