Workplace sexual harassment continues to pose serious risks to both individuals and businesses across Australia. In response, the Australian Government has strengthened legal protections and clarified the responsibilities of employers and employees through new laws introduced by:
The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Bill 2022
Updates to the Sex Discrimination Act 1984 (Cth)
In this guide (updated in August 2025), our employment lawyer explains the latest legal changes, employee rights, and practical employer obligations for 2025 and beyond.
Key Takeaways
- The Sex Discrimination Act 1984 (Cth) and recent amendments significantly strengthen protections against workplace sexual harassment in Australia
- Employers now have a positive duty to take all reasonable steps to prevent sexual harassment
- Penalties for non-compliance have increased, with substantial fines for both individuals and corporations
- Employees have clear rights to a harassment-free workplace, to make complaints, and to seek compensation
- Practical steps for both employers and employees are outlined for effective compliance and protection
What is Workplace Sexual Harassment?
Sexual harassment is defined under section 28A of the Sex Discrimination Act 1984 (Cth) as:
“Any unwelcome sexual advance, request for sexual favours, or conduct of a sexual nature that a reasonable person would expect to cause offence, humiliation, or intimidation.”
Common Examples of Sexual Harassment
- Quid pro quo harassment (e.g. promotion in exchange for sexual favours)
- Hostile work environment (e.g. repeated sexually explicit jokes)
- Unwanted physical contact
- Sexually explicit comments or jokes
- Displaying offensive material or making suggestive gestures
- Cyber-harassment (e.g. explicit messages)
- Discriminatory harassment based on sex, gender identity, sexual orientation, or other protected attributes
To better understand the broader legal framework, read our comprehensive guide on sexual harassment law in Australia.
Key 2025 Legal Changes: What’s New?
1. Broader Definition of Sexual Harassment
The definition now covers a wider range of behaviours, including any unwelcome or offensive conduct of a sexual nature (regardless of intent) occurring in a work-related setting.
Characteristic | Old Definition | New Law (2025) |
Scope | Specific behaviours only | Wider range of behaviours |
Intent | Must be intended as sexual | Intent not required if unwelcome |
Context | Not always work-related | Must occur in work-related setting |
2. Positive Duty for Employers
Employers are legally required to take all reasonable steps to prevent sexual harassment before it occurs, not just respond after the fact.
This includes:
Clear and up-to-date policies
Workplace training for all staff
Safe and confidential complaint procedures
Promoting an inclusive, respectful work culture
Monitoring for risks and acting on early warning signs
3. Increased Penalties
Penalties for non-compliance have been significantly increased:
Offender Type | Previous Maximum Penalty | New Maximum Penalty |
Individuals | $66,000 | $132,000 |
Businesses | $33,000 | $66,000 (up to $315,000 for corporations in serious cases) |
Employer Obligations Under Australian Law
To stay compliant, employers must:
Have a written sexual harassment policy in place
Provide regular and documented staff training
Respond promptly and fairly to complaints
Maintain confidentiality and anti-victimisation protections
Support victims with counselling and legal resources
Show that “all reasonable steps” were taken to prevent harassment
Important: Failure to act may result in vicarious liability, meaning the business is legally responsible for its employees’ actions.
Employers should also stay informed about their general obligations under the Fair Work Act to ensure full compliance with Australian employment laws.
Employee Rights and Responsibilities
Rights
- To a workplace free from sexual harassment
- To make complaints to the employer, Fair Work Commission, or Australian Human Rights Commission (AHRC)
- To protection from victimisation after making a complaint
- To seek compensation for losses suffered due to harassment
Responsibilities
- Report acts of harassment as soon as practicable
- Cooperate with investigations
- Support the employer’s efforts to maintain a respectful workplace
For insights into the role of employees during investigations, explore our article on witnesses and workplace investigations.
For Employees: Complaint Procedures and Remedies
Making a Complaint
- Report to your employer through internal procedures first
- If unresolved, escalate to the Fair Work Commission or AHRC
- If still unresolved, apply to the Federal Court of Australia within 60 days of termination of the AHRC process
Available Remedies
- Compensation for lost wages, medical expenses, and pain and suffering
- Reinstatement to employment
- Apologies and other non-monetary remedies
- Aggravated and exemplary damages in serious cases
Practical Steps
For Employers
Business should:
- Draft and regularly review a written sexual harassment policy
- Conduct ongoing training for all staff
- Respond promptly and thoroughly to complaints
- Take disciplinary action where necessary
- Monitor workplace culture and address risks proactively
For Employees
Employees should:
- Document all incidents with dates, times, and witnesses
- Report the behaviour using your employer’s procedures
- Seek support from trusted colleagues or unions
- Escalate the complaint if unsatisfied with your employer’s response
- Consult a workplace lawyer for advice on your rights and options
If you need advice on workplace sexual harassment laws or assistance with compliance or complaints, contact our employment law team today. We provide tailored legal solutions for employers and employees across Australia.
What’s to Come: Future Developments in Sexual Harassment Law
A recent report by the Australian Human Rights Commission signals a stronger regulatory approach to workplace sexual harassment, calling for tougher enforcement, transparency, and victim support across Australian workplaces.
Key developments on the horizon:
Stronger Enforcement of the Positive Duty: The Australian Human Rights Commission (AHRC) is expected to take a more proactive role in monitoring and enforcing employers’ compliance with their positive duty to eliminate sexual harassment, as outlined in recent legislative updates.
Public Reporting and Accountability Measures: Future reforms may introduce mandatory reporting requirements, where large employers must disclose sexual harassment complaints, resolutions, and preventive actions taken.
Stricter Use of Confidentiality Clauses: Calls for stronger measures, including limiting the use of non-disclosure agreements (NDAs) that silence victims or obscure systemic issues.
Greater Support for Victims and Whistleblowers: Expanded access to legal aid, trauma-informed complaint processes, and whistleblower protections are likely to be prioritised in upcoming reforms.
Increased Penalties and Legal Consequences: Lawmakers are considering further increases to civil penalties, particularly for organisations that fail to take genuine preventative steps or ignore complaints.
These changes signal a shift from reactive compliance to proactive cultural leadership. Employers who invest now in policy development, staff training, and internal reporting mechanisms will be best placed to avoid liability and foster a respectful workplace.
Frequently Asked Questions
What constitutes workplace sexual harassment under Australian law?
Workplace sexual harassment includes any unwelcome conduct of a sexual nature that could reasonably offend, humiliate or intimidate someone at work. This covers physical, verbal, visual, and online behaviours.
What should an employer do if they receive a complaint?
Employers should investigate promptly, maintain confidentiality, protect the complainant from victimisation, and take appropriate corrective action.
Can an employee be penalised for making a complaint?
No. The law prohibits victimisation of anyone who makes or participates in a complaint process.
What are the penalties for employers who fail to comply?
Penalties include substantial fines for both individuals and corporations, as well as orders to pay compensation to victims.
How long do employees have to lodge a complaint?
Generally, complaints must be lodged with the AHRC within 12 months of the alleged incident. The Federal Court application must be made within 60 days of AHRC process termination.
About the Author
Farrah Motley
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