Workplace sexual harassment is a serious issue for Australian workplaces. It can affect a person's safety, wellbeing, confidence and ability to participate fully at work. For employers, it can also create significant legal, cultural, operational and reputational risks.
Importantly, preventing sexual harassment is no longer something Australian organisations should approach only after receiving a complaint. Australia's legal framework places a strong emphasis on proactive prevention.
Under the Sex Discrimination Act 1984 (Cth), employers and persons conducting a business or undertaking (PCBUs) have a positive duty to take reasonable and proportionate measures to eliminate, as far as possible, workplace sexual harassment and certain other unlawful behaviours connected with work.
The Fair Work Act 2009 also prohibits sexual harassment in connection with work, while work health and safety obligations may apply where sexual harassment creates risks to workers' health and safety.
For Australian businesses, this means prevention needs to be practical, ongoing and embedded into workplace culture.
This guide explains workplace sexual harassment in Australia, including what it means, relevant workplace laws, employer and employee responsibilities, bystander intervention, reporting processes and practical strategies organisations can use to create safer and more respectful workplaces.
What Is Workplace Sexual Harassment?
Sexual harassment generally involves an unwelcome sexual advance, an unwelcome request for sexual favours, or other unwelcome conduct of a sexual nature where, having regard to all the circumstances, a reasonable person would have anticipated the possibility that the person subjected to the behaviour would be offended, humiliated or intimidated.
The word unwelcome is important.
Behaviour does not necessarily become acceptable simply because the person responsible claims that it was intended as a joke or that they did not intend to cause harm. The Fair Work Ombudsman specifically notes that the intention of the alleged harasser does not determine whether conduct amounts to sexual harassment.
Context matters.
Behaviour that may be acceptable in one situation could be unwelcome and inappropriate in another.
Workplace sexual harassment can include conduct such as:
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Unwanted sexual comments
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Sexual jokes or remarks
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Unwelcome touching or physical contact
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Repeatedly asking someone for a date after they have indicated they are not interested
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Sexually suggestive messages or emails
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Intrusive questions about someone's private or sexual life
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Displaying sexually explicit material
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Unwanted comments about someone's body or appearance
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Sexual gestures
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Sending inappropriate images or videos
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Sexually suggestive workplace “banter”
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Inappropriate behaviour at work-related social events
Sexual harassment does not need to involve physical contact. It can be verbal, visual, written, digital or physical.
Workplace Sexual Harassment Can Happen Outside the Office
A common misunderstanding is that workplace sexual harassment only applies to behaviour that occurs inside a traditional workplace during normal working hours.
That is not the case.
The Fair Work Ombudsman explains that sexual harassment can occur outside the physical workplace where there is still a connection with work. Examples include online interactions, training, work travel and work-related social functions.
Depending on the circumstances, work-related sexual harassment may therefore occur:
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In an office
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At a construction site
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At a client's premises
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During business travel
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At conferences
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During workplace training
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At a work Christmas party
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At networking functions
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During work-related social activities
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Through email
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Through workplace messaging platforms
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During video meetings
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Through work-related social media communications
This has become particularly important as remote and hybrid working arrangements have expanded.
Professional standards should extend to digital communication as well as face-to-face interactions.
Workplace Sexual Harassment Laws in Australia
Australia has several legal frameworks relevant to sexual harassment at work.
The Fair Work Ombudsman explains that protections can arise under employment, equal opportunity, anti-discrimination and work health and safety laws. In some circumstances, particular conduct may also constitute a criminal offence.
Two particularly important federal frameworks are the Sex Discrimination Act 1984 and the Fair Work Act 2009.
Sex Discrimination Act 1984
The Sex Discrimination Act 1984 (Cth) is central to Australia's legal framework concerning sex discrimination and sexual harassment.
Changes introduced in December 2022 significantly strengthened the preventive approach to workplace sexual harassment by introducing a positive duty.
Rather than relying solely on workers to report inappropriate behaviour after something has happened, the positive duty requires relevant organisations and businesses to take proactive measures.
Fair Work Act 2009
Workplace sexual harassment is also prohibited under the Fair Work Act.
The Fair Work Ombudsman states that the Fair Work Act's workplace sexual harassment provisions apply to workers, future workers and persons conducting a business or undertaking.
Together, these frameworks make one principle particularly clear:
Sexual harassment should not be accepted as a normal part of working life.
Australia's Positive Duty to Prevent Sexual Harassment
One of the most important concepts for Australian employers to understand is the positive duty.
Under the Sex Discrimination Act, organisations and businesses covered by the duty must take reasonable and proportionate measures to eliminate, as far as possible:
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Sex discrimination in a work context
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Sexual harassment connected with work
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Sex-based harassment connected with work
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Conduct creating a workplace environment that is hostile on the ground of sex
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Related victimisation.
This represents a significant shift towards prevention.
Simply waiting until somebody makes a formal complaint is not enough. The Australian Human Rights Commission explains that the positive duty requires organisations to actively work to prevent these behaviours rather than relying solely on reactive responses.
What Does “Reasonable and Proportionate” Mean?
Not every organisation is expected to implement exactly the same prevention system.
What is reasonable and proportionate depends on the circumstances of the organisation.
A national company with thousands of employees may require different systems from a small local business.
Relevant considerations can include organisational size, resources, workplace structure, working conditions and the risks present within the organisation.
However, being a small organisation does not automatically remove the obligation. The Australian Human Rights Commission states that the positive duty applies regardless of size or resources to organisations and businesses that have obligations under the Sex Discrimination Act, including sole traders, self-employed people, small and medium businesses, large organisations and government.
The practical measures adopted may differ, but prevention still matters.
The Role of the Australian Human Rights Commission
The Australian Human Rights Commission (AHRC) plays an important role in the positive duty framework.
It provides detailed guidance for organisations on understanding and satisfying their obligations and has regulatory functions concerning compliance with the positive duty.
The Commission's guidance includes standards and guiding principles intended to help businesses determine what proactive measures may be appropriate.
For employers, the message is important:
A policy document sitting unread in a folder is not a complete prevention strategy.
Organisations should consider whether employees genuinely understand:
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What sexual harassment is
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What behaviour is unacceptable
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How concerns can be raised
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Where employees can seek assistance
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How complaints will be managed
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What managers should do when concerns arise
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Why victimisation is unacceptable
Prevention needs to operate in practice.
Sexual Harassment and Work Health and Safety
Sexual harassment should also be considered through a workplace health and safety lens.
Sexual harassment can cause psychological and physical harm. The Fair Work Ombudsman identifies harm to workers, reduced productivity, absenteeism, staff turnover, reputational damage and increased insurance and legal costs among the potential consequences for workplaces.
Employers should therefore consider sexual harassment within broader workplace risk management processes.
A practical risk-management approach may involve:
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Identifying circumstances where sexual harassment could occur.
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Considering workplace conditions that may increase the risk.
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Implementing suitable preventive controls.
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Communicating expectations to workers.
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Monitoring workplace behaviour and controls.
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Reviewing measures following incidents or organisational changes.
This moves prevention beyond a purely policy-based approach.
What Can Increase the Risk of Sexual Harassment at Work?
Sexual harassment can happen in any industry or organisation.
However, understanding workplace risk factors can help employers develop more effective prevention strategies.
Power Imbalances
Significant differences in workplace power can increase risk.
Examples may involve relationships between:
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Managers and employees
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Supervisors and apprentices
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Senior and junior employees
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Permanent and casual workers
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Clients and service workers
An employee who believes another person controls their shifts, promotion prospects, references or continued employment may be reluctant to challenge inappropriate behaviour.
Poor Workplace Culture
Culture can either strengthen or undermine formal workplace policies.
A workplace that routinely tolerates sexual jokes, sexist comments or inappropriate behaviour can create an environment where misconduct becomes normalised.
Calling inappropriate conduct “just workplace banter” does not automatically make it acceptable.
Alcohol and Work Functions
Workplace functions involving alcohol can create additional risks if professional boundaries and behavioural expectations are unclear.
Employees should understand that appropriate workplace standards may continue to apply at work-related social events.
Isolated Working Environments
Workers operating alone, remotely or in isolated locations may face particular risks, especially where supervision is limited or they regularly interact with clients or members of the public.
Customer and Client Interactions
Sexual harassment is not limited to conduct between employees.
The Fair Work Ombudsman notes that clients and customers must not sexually harass workers doing their jobs, and employers should take steps to prevent and address unwanted or offensive conduct from customers and clients.
Businesses should therefore consider third-party risks as part of their prevention strategy.
Employer Responsibilities for Preventing Workplace Sexual Harassment
Employers should approach prevention as an ongoing organisational responsibility rather than a one-time compliance exercise.
Several measures can contribute to a stronger prevention framework.
1. Establish Clear Workplace Policies
Policies should explain expected standards of behaviour in plain language.
A workplace sexual harassment policy should address:
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What sexual harassment means
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Examples of unacceptable behaviour
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Workplace behavioural expectations
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Reporting procedures
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Available reporting channels
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Confidentiality
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Victimisation
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Investigation processes
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Possible consequences for misconduct
Policies should also account for digital communication and remote working environments.
2. Communicate Expectations
Employees cannot follow standards they do not understand.
Workplace expectations should be introduced during onboarding and reinforced throughout employment.
Leaders and managers should also model those standards.
If employees regularly see senior people ignoring inappropriate comments or jokes, the organisation's formal policies may quickly lose credibility.
3. Provide Training
The Fair Work Ombudsman identifies providing information and training as one of the practical measures employers can use when preventing workplace sexual harassment.
Training can help workers understand:
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What sexual harassment means
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What unwelcome conduct can look like
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Appropriate workplace boundaries
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Digital workplace behaviour
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Reporting options
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Bystander intervention
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Victimisation
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Manager responsibilities
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Respectful workplace conduct
Training should be relevant to actual workplace situations rather than limited to legal terminology.
Why Bystander Intervention Matters
Sexual harassment prevention should not depend entirely on the person experiencing inappropriate conduct.
Other employees may witness problematic behaviour or become aware of concerns.
A bystander is someone who sees, hears or becomes aware of potentially inappropriate behaviour.
Bystander intervention aims to give people practical options for responding safely and appropriately.
Depending on the circumstances, a bystander may be able to:
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Challenge inappropriate behaviour when safe to do so
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Interrupt a problematic situation
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Check in privately with the person affected
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Ask whether they need assistance
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Report concerns through an appropriate workplace channel
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Seek guidance from HR or management
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Record relevant information where appropriate
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Refuse to participate in inappropriate jokes or conversations
Bystander intervention does not mean employees should put themselves at risk or personally investigate allegations.
Instead, it encourages workers to recognise that ignoring harmful behaviour is not the only available response.
Managers and Supervisors Have an Important Role
Managers and supervisors often become the first point of contact when an employee raises a concern.
Their response matters.
A dismissive or inappropriate reaction can discourage employees from speaking up and potentially make an already difficult situation worse.
Managers should understand how to:
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Listen respectfully
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Take concerns seriously
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Avoid making immediate assumptions
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Follow organisational procedures
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Escalate concerns appropriately
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Maintain confidentiality where appropriate
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Document relevant information
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Avoid victimisation or retaliation
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Seek specialist or HR assistance where necessary
Managers should also understand the limits of their role.
They should not attempt to conduct their own informal investigation into serious allegations unless authorised and appropriately trained to do so.
Employee Responsibilities
Everyone has a role in maintaining professional workplace behaviour.
The Fair Work Ombudsman states that workers must not sexually harass co-workers or others at work and recognises that workers have a role in workplace sexual harassment prevention.
Employees can contribute to a respectful workplace by:
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Treating colleagues professionally
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Respecting personal boundaries
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Avoiding inappropriate sexual comments and jokes
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Communicating professionally online
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Following workplace policies
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Participating in relevant training
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Reporting concerns through appropriate channels
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Avoiding retaliation against people who raise concerns
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Supporting respectful workplace behaviour
Professional standards can also extend to work-related activities outside ordinary working hours.
How Should Employers Respond to Sexual Harassment Complaints?
Prevention is critical, but organisations also need appropriate processes for responding when concerns are raised.
Employees need confidence that reports will be taken seriously.
Depending on the circumstances, an organisational response may include:
Listen to the Concern
The person receiving a report should listen respectfully and avoid dismissing or minimising what is being raised.
Consider Immediate Risks
The organisation should determine whether immediate action is required to protect someone's health, safety or wellbeing.
Explain the Process
Where appropriate, employees should understand what happens after they make a report, including possible next steps and available support.
Protect Confidentiality
Information should generally be managed carefully and shared only where appropriate and necessary, subject to legal and procedural requirements.
Investigate Appropriately
Some allegations may require formal investigation.
Any investigation should be proportionate, impartial and procedurally fair.
Take Appropriate Action
Where misconduct is established, organisations should respond consistently with applicable policies, employment arrangements and legal requirements.
Review Workplace Risks
An incident may reveal broader problems.
Employers should consider whether workplace controls, management practices, reporting mechanisms, policies or training need to change.
The Fair Work Ombudsman identifies appropriate complaint responses, regular reviews and evaluations, recordkeeping, policies, training, culture and WHS risk management as components employers should consider in preventing workplace sexual harassment.
Victimisation and Retaliation
Fear of negative consequences can prevent people from raising workplace concerns.
This is why organisations should also address victimisation.
The positive duty under the Sex Discrimination Act extends to certain related acts of victimisation.
Employers should communicate clearly that retaliation against people who appropriately raise concerns or participate in workplace processes is unacceptable.
Managers should also remain alert to less obvious changes following a complaint, including inappropriate exclusion, hostility or disadvantage.
Common Sexual Harassment Prevention Mistakes
Even organisations with formal policies can have significant gaps in their prevention framework.
Treating Training as a Tick-Box Exercise
Simply recording that employees completed a module does not guarantee understanding.
Training should help workers apply expectations to real workplace situations.
Having Only One Reporting Channel
Employees may not feel comfortable reporting concerns to their direct manager, particularly if that manager is involved.
Providing alternative reporting options can make reporting systems more accessible.
Ignoring Workplace Culture
Strong policies cannot compensate for leaders who tolerate inappropriate conduct.
Workplace culture is shaped by what organisations consistently reinforce, challenge and allow.
Focusing Only on Physical Behaviour
Sexual harassment may occur verbally, visually or digitally.
Policies and training should reflect contemporary workplace communication.
Waiting for Formal Complaints
The positive duty places an emphasis on proactive prevention.
Organisations should identify risks rather than assuming the absence of complaints means there is no problem.
Training Employees but Not Managers
Managers often have additional responsibilities when concerns arise.
They need to understand both expected workplace behaviour and how to respond appropriately to reports.
Practical Steps to Build a Safer Workplace
A practical sexual harassment prevention framework can be built around several ongoing actions.
Assess workplace risks. Consider where inappropriate behaviour could occur, who may be exposed and what workplace conditions may increase risk.
Strengthen leadership accountability. Senior leaders should visibly support respectful workplace behaviour.
Keep policies current. Policies should reflect legislation, workplace arrangements and contemporary communication technologies.
Provide accessible reporting options. Workers should understand exactly where they can go when they need help.
Provide regular training. Training should help employees recognise inappropriate conduct and understand their responsibilities.
Train managers appropriately. Supervisors should know what to do when someone raises a concern.
Encourage safe bystander action. Workers should understand appropriate ways to support colleagues and respond to concerning behaviour.
Review prevention measures. Organisations should regularly evaluate whether their policies, controls, reporting processes and training remain effective.
Workplace Sexual Harassment Prevention Checklist
Australian organisations can use these questions when reviewing their current approach:
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Do we have a current sexual harassment policy?
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Do employees understand what sexual harassment means?
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Are workers given practical examples of inappropriate conduct?
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Do our policies cover online and digital behaviour?
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Do managers understand their responsibilities?
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Are employees trained in sexual harassment prevention?
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Do employees know how to report concerns?
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Are there appropriate alternative reporting channels?
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Do we consider risks involving clients and customers?
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Do workers understand victimisation and retaliation?
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Do we encourage appropriate bystander responses?
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Do leaders model respectful behaviour?
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Do we regularly review workplace risks?
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Do we review policies and training following incidents or workplace changes?
A prevention strategy should evolve as the workplace changes.
Why Workplace Sexual Harassment and Bystander Intervention Training Matters
Policies establish expectations, but employees also need to understand how those expectations apply in everyday situations.
Effective training can help workers recognise potentially inappropriate conduct, understand professional boundaries and know what options are available when they experience or witness concerning behaviour.
Bystander intervention education can be particularly useful because it broadens prevention beyond managers and the person directly affected.
Employees can learn how to recognise problematic behaviour and respond appropriately without placing themselves at unnecessary risk.
For organisations, training can form one component of a broader prevention framework alongside leadership, workplace policies, reporting systems, risk management and regular review.
The Fair Work Ombudsman specifically identifies information and training as part of the measures businesses can take to prevent and respond to workplace sexual harassment.
Build a Safer and More Respectful Workplace
Understanding workplace sexual harassment laws is important. Turning that knowledge into everyday workplace behaviour is equally important.
Australian Compliance Training's Workplace Sexual Harassment & Bystander Intervention course is designed to strengthen workplace awareness and help learners better understand respectful conduct, sexual harassment prevention and appropriate bystander responses.
The course can help learners build practical awareness of:
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Workplace sexual harassment
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Inappropriate and unwelcome behaviour
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Professional workplace boundaries
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Prevention responsibilities
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Bystander intervention
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Responding appropriately to concerning workplace behaviour
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Building safer and more respectful workplace cultures
Create a Safer Workplace — Enrol Today
Enrol in Workplace Sexual Harassment & Bystander Intervention
Online | Self-Paced | Digital Certificate
No formal prerequisites.
Upon successful completion and final assessment, learners receive a Digital Certificate from Australian Compliance Training.
Build stronger awareness, encourage respectful behaviour and help create a workplace where people understand when and how to act.
Final Thoughts
Preventing workplace sexual harassment in Australia requires more than responding to complaints.
Australian employers and PCBUs covered by the Sex Discrimination Act have a positive duty to take reasonable and proportionate measures to eliminate sexual harassment and other specified unlawful conduct as far as possible.
Effective prevention combines clear policies, leadership, risk management, accessible reporting pathways, appropriate complaint handling, employee education and regular review.
Bystander awareness can strengthen this approach by helping employees understand that they may have safe and appropriate options when they witness concerning behaviour.
Ultimately, respectful workplace culture is created through everyday actions.
Employees need to understand what is expected. Managers need to know how to respond. Leaders need to demonstrate that respectful conduct is an organisational priority.
A proactive approach does more than support compliance. It can contribute to a workplace where people feel safer, respected and confident about speaking up when something is not right.
