Resolving complaints of sexual harassment

Your right to a fair go : Resolving complaints of sexul harassment - PDF Format (101KB)

Sexual harassment

Sexual harassment is unwelcome conduct of a sexual nature. It involves behaviour that could reasonably be expected to make a person feel offended, humiliated and/or intimidated. Sexual harassment can be physical, verbal or written. Sexual harassment is against the law.

Sexual harassment can involve:

unwelcome sexual propositions or continued requests for dates
unwelcome comments about a person’s sex life or physical appearance
sexually offensive comments, anecdotes or jokes
displaying sexually offensive material (such as photos, posters, magazines or objects)
physical contact such as touching or fondling
Sexually offensive material transmitted by fax, telephone, e-mail, office intranet, videoconference or any other means of communication.

Where does sexual harassment occur?

Sexual harassment is against the law when it occurs in public life, not when it is private conduct. Public areas covered by the law are:

Employment – includes recruitment, how you are treated at work, conduct outside the work hours and workplace, dismissal. This also applies to contract workers and job applicants.

Goods and services – includes retail, public venues, dealings with service providers. It does not matter whether the goods and services are paid for or free.

Education – includes enrolment, entry terms, access to benefits, and expulsion.

Accommodation – includes rented accommodation and business premises, temporary and holiday accommodation.

Clubs - includes social, recreational, sporting or community service clubs that are on Crown land or receive direct or indirect funding from the Government or a municipal council.

Example: at a function celebrating her soccer team’s grand final win, the club president sexually harasses Sonia. Sonia can lodge a complaint against the club and the club president with the Commission. A negotiated resolution could include an apology, compensation and sexual harassment training for club members and employees.

Sports – includes selection or exclusion from participation in team and individual pursuits. This applies to players, coaches, umpires, administrators and officials.

Land sales or transfers

Local government

Victimisation

It is against the law to victimise a person for making a complaint of sexual harassment.

How to handle sexual harassment

Step 1. Try to resolve the matter informally

If possible, talk to the person who is sexually harassing you, tell them how their behaviour is affecting you, and ask them to stop. If the harassment is occurring in the workplace you may prefer to talk to your manager or human resources staff if you are uncomfortable speaking directly to the person concerned.

Step 2. Get advice

If you are unable to talk to the person concerned, or if they continue to harass you contact the Commission. We provide advice over the telephone or in person and can provide a free interpreter.

Step 3. Make a complaint

Our Education and Complaint Officers can help you prepare a written statement of complaint and are available on telephone or in person.

To learn more about the Commission’s complaints, investigation and conciliation process, read the ‘Resolving a complaint’ brochure.

Representative complaints

Depending on the nature of your issue, you may:

lodge a complaint yourself
have a person lodge a complaint on your behalf, if that person has experienced the same or similar treatment
have an organisation lodge a complaint on your behalf, if that organisation has sufficient interest in the complaint.

The Education and Complaints Officer will advise you which of these options are available to you.