Introduction
Understand who is eligible to apply and who might not be.
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The law changed on 6 March 2023, so who can apply is different if the sexual harassment happened or started before then. See Before 6 March 2023 for more information.
Who can apply (is eligible)
A person who says they have been sexually harassed in connection with work (the law calls them an aggrieved person) can apply for us to deal with a sexual harassment dispute if they are:
- a worker in a business or undertaking, or
- seeking to become a worker in a particular business or undertaking, or
- a person running a business or undertaking.
A union or employer association that can represent an aggrieved person can also apply for them.
Applications can be made jointly (together) by 2 or more aggrieved people against one or more alleged harasser, or against employers or principals.
Who is a worker
Generally, a worker is an individual who performs work in any capacity, including as:
- an employee
- a contractor or subcontractor
- a small business owner who works in the business
- an employee of a contractor or subcontractor
- a labour hire worker
- an outworker
- an apprentice or trainee
- a student on work experience
- a volunteer.
Connection to the workplace
An aggrieved person must still be connected to the workplace if they ask us to:
- make an order to stop sexual harassment OR
- make an order to stop sexual harassment AND deal with the dispute in a different way.
An aggrieved person does not need to be connected to the workplace if they ask us to deal with the dispute without making an order to stop sexual harassment.
Time limit to apply
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Applications must usually be made within 2 years of the last alleged contravention.
The Commission may decide not to deal with a sexual harassment dispute if it is made more than 2 years after the last time sexual harassment allegedly happened. If we decide not to deal with an application for this reason, the application will be dismissed.
Defence Force, security agencies and the Australian Federal Police
The stop sexual harassment provisions in Part 3-5A of the Fair Work Act 2009 have limited application to the Defence Force, Australia’s security agencies and the Australian Federal Police.
In summary:
- Stop sexual harassment orders are not available to certain members of the Defence Force.
- The Commission may dismiss a stop sexual harassment order application if we consider that the application might involve matters relating to Australia’s defence, national security, or existing or future covert or international operations of the Australian Federal Police.
- The Chief of the Defence Force, Director General of Security and the Director-General of the Australian Secret Intelligence Service may make declarations altering how the stop sexual harassment order provisions apply, with approval of the Commonwealth Minister.
You may need to seek legal help on how the provisions apply in these circumstances.
Defence members can apply for us to deal with a sexual harassment dispute in another way (other than by arbitration). All workers, prospective workers and persons conducting businesses or undertakings, including those in the Defence Force and security personnel, have access to other remedies for sexual harassment in connection with work under Part 3-5A of the Fair Work Act.
Find out more
Check if you are eligible to apply
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You are one of the following
- a worker
- seeking to become a worker in a particular business
- conducting a business or undertaking
- a union or employer association that can represent an aggrieved person
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You have experienced sexual harassment
See What is workplace sexual harassment to find out what this means.
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The sexual harassment was in connection with work
See What 'in connection with work' means for more information.
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Some of the sexual harassment happened within the last 2 years
You can still apply if the sexual harassment did not happen in the last 2 years. In this situation, a Commission Member will decide whether or not to deal with the case. They may decide to dismiss the application.
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You are still connected with the workplace
This only applies if you are seeking an order to stop sexual harassment in connection with work.
If you ask us to deal with the dispute another way (other than by arbitration), you may still apply even if you are no longer connected with the workplace.
Active message
You may be eligible to apply to us to deal with a sexual harassment dispute.
Inactive Message
You may not be eligible to apply to us to deal with a sexual harassment dispute.
Where to get legal help
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Find out where to get legal help, including free legal advice for eligible people and small businesses, from our Workplace Advice Service.