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If you have been sexual harassed at work, you have legal rights.
There is more than one way to deal with this. Some people want the behaviour to stop. Some people want to make a complaint. Some want to leave. Some are not ready to do anything yet. All of these are okay.
The steps you take immediately after an incident can make it easier to protect your rights and decide what action you want to take.
You should get legal advice before you decide to do anything.
This information page sets out things you can do. You do not have to do all of them, and you do not have to do them in order.
You do not have to work out on your own what your options are, or whether the law has been broken. Getting advice does not commit you to anything. You can get advice and then choose not to do anything.
A lawyer can help you:
It is best to get advice early, because some time limits are short. It is still worth contacting us even if the harassment happened a long time ago.
If you can, write down:
If time has already passed, that is okay. Write down what you remember now. It is normal not to remember everything, especially about something upsetting. Gaps in your memory do not mean you will not be believed.
Do not keep your notes on a work computer, work phone, or in your work email. Your employer may be able to see them. Use a personal device, a personal email account, or paper kept at home.
Keep copies of any emails, text messages, social media messages, photos or other documents about what happened. Save them somewhere your employer cannot access. Don’t delete anything, even if you think it doesn’t help you. Don’t alter anything.
Most workplaces have policies dealing with sexual harassment, discrimination and workplace complaints. They usually explain:
You do not have to use your workplace’s process before you get legal advice or make a complaint somewhere else, although it is often a useful step at the beginning.
If you feel able to do so, report the conduct to your employer. You might speak to:
Some things that may help:
If you are union member, your union can support you through this process.
If you do not feel safe making a complaint at work, you do not have to.
You can make a complaint outside your workplace instead. Get advice first if you can.
It is against the law for anyone to treat you badly because you complained about sexual harassment, or because you supported someone else’s complaint. Refer to Victimisation after being sexually harassed.
Depending on your situation, you may be able to:
If you think the behaviour may be a crime, refer to If the behaviour may have been a crime.
You usually cannot use all of these at once. Get legal advice to work out which one fits your situation.
You can still make a complaint after you leave. Most options are still open to you, but some claims have very short time limits.
If you were dismissed, or you felt you had no choice but to resign, you may only have 21 days to make certain claims. Get advice straight away.
Sexual harassment is never ok.
The law counts some sexual harassment as a criminal offence – for example, sexual touching, indecent exposure, stalking, or sharing intimate images without consent.
You do not have to decide on your own whether what happen was a crime. You can:
· get legal advice about your options first
· speak to a specialist sexual assault service for support, or
· report it to NSW Police.
Reporting to police is your choice. You can get advice and support before you decide, and you can change your mind.
Some legal claims must be made within a certain time. If you wait too long, you may lose the option.
Complaints should usually be made within 24 months of the behaviour. The Commission may refuse a complaint made after that, unless there is a good explanation for the delay.
Complaints should usually be made within 12 months of the behaviour. ADNSW may also refuse a complaint made after that, unless there is a good reason for the delay.
If you are still employed, and there is an ongoing risk of sexual harassment, you can seek a Stop Sexual Harassment Order. You cannot seek this order if you are not still employed in the relevant workplace. Applications for a Stop Sexual Harassment Order should generally be made within 2 years of the last alleged incident of sexual harassment.
Applications to deal with a workplace sexual harassment dispute should generally be made within 2 years of the last alleged incident of sexual harassment. The Commission may refuse an application made after that.
If you are a NSW state public sector employee or local government employee, an application should be made within 2 years of the last alleged incident of sexual harassment. The Commission may refuse an application made after that.
Every case is different. Depending on what you choose and what happened, an outcome might include:
Complaints can take time, and many are resolved by agreement rather than a decision from a court or tribunal. It should always end in the harassment stopping.
If you have been dismissed: 21 days from the date your dismissal takes effect. This is strict. Do not wait. Get advice within days, not weeks.
If you have not been dismissed: Get advice early.
If your employer offers you money or an agreement to settle the matter, you may be asked to sign a document. It might include a promise to keep things confidential.
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.
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