We’re currently upgrading our website and resources, and will be adding information as it becomes available. Thanks for your patience.
We’re currently upgrading our website and resources, and will be adding information as it becomes available. Thanks for your patience.
Sexual harassment is against the law in Australia. Every worker has the right to a safe workplace that is free from sexual harassment.
Your visa status should not stop you from getting help if you have been sexually harassed. There are protections to keep you safe.
Need this in your language? You can get a free interpreter.
Call TIS National on 131 450 and ask them to call Women’s Legal Service on 02 8745 6988 or 1800 810 784 if you live rurally.
Sexual harassment is unwanted sexual behaviour that makes you feel scared, uncomfortable, embarrassed or upset.
If this has happened to you, it is not your fault.
To read more, including examples of behaviour that may be sexual harassment at work, visit Have I been sexually harassed?
Everyone who works in Australia has the same rights at work. This is true no matter what visa you are on, and no matter your migration status.
This includes workers on temporary visas including:
There is now a special visa called the Workplace Justice Visa. If you are treated badly at work, you may be able to stay in Australia to take action about what happened. This includes sexual harassment. There are rules about who can apply. You will need to speak to a migration lawyer or migration agent about your situation, as Women’s Legal cannot help with this.
All Australian employers must take steps to stop sexual harassment at work. This legal requirement is called the “positive duty.”
Employers need to meet their positive duty, whether an employee reports sexual harassment or not.
If your employer is not doing enough to stop sexual harassment at work, you can anonymously report your concerns to the Australian Human Rights Commission.
No. Your employer cannot cancel your visa. Only the Department of Home Affairs can decide whether a visa is granted or cancelled.
Sometimes an employer may threaten a worker by saying:
These threats may be used to frighten workers into staying quiet about their sexual harassment concerns. They are not true and are never ok.
The law also protects many workers who make a sexual harassment complaint or ask about their workplace rights.
Your employer should not treat you unfairly because you:
Examples of unfair treatment include:
To read more, visit What to do if you have been sexually harassed.
If you are thinking about leaving your job, but your employer sponsors your visa, it can feel frightening. The rules for some visa types might give you more time than before to find a new job or a new visa. This can give you time to make a safe choice.
Everyone’s situation is different. Before you leave or make a decision, get advice from a migration lawyer or migration agent.
Visa rules can be complicated, and your situation is personal. Get advice about both your visa and your work rights before you apply for a visa, leave your job, or sign anything.
If someone asks you to sign a document to settle any type of complaint you have made, or to try and keep you quiet about a work issue, do not sign straight away. Ask a lawyer to check it first.
You do not have to deal with this alone. Speak to a migration lawyer or migration agent if you are worried about your visa status or remaining lawful in Australia. Contact Women’s Legal if you are worried about reporting sexual harassment.
If you need an interpreter, call the Translating and Interpreting Service on 131 450 and ask them to call us.
If you are d/Deaf, hard of hearing, or have a speech impairment, contact us through TTY on 133 677, Speak and Listen on 1300 555 727, or Internet Relay via the National Relay Service website.
Need support, not legal advice? Call Full Stop Australia on 1800 385 578, or 13YARN at 13 92 76 if you are First Nations.
Our website does not have a Quick Exit button.
If you think someone might be monitoring your search history, learn how to clear your history.
