Attwood Marshall Lawyers Compensation Law Special Counsel Claire Gibbs sets out the legal protections available to workers who have experienced sexual harassment, explaining why knowing your options and acting on them quickly can make all the difference.
Sexual harassment at work is far more common than most people realise and far less reported than it should be.
According to the Australian Human Rights Commissions’ ‘Time for Respect’ Report (2022), one third of Australian workers and 41 per cent of women have experienced sexual harassment at work in the last five years. Yet, fewer than 1 in 5 people report it formally.
Too many people are suffering in silence, not knowing that real protections exist and that they have every right to use them.
What counts as sexual harassment?
In simple terms, sexual harassment is unwelcome sexual behaviour that a reasonable person would expect could offend, humiliate or intimidate someone.
You do not have to prove physical assault for it to be sexual harassment.
It can include:
- Sexual comments or jokes,
- Unwanted messages or images,
- Repeated invitations or pressure,
- Comments about appearance rather than ability,
- Unwanted touching,
- Sexualised behaviour through work platforms, or
- Behaviour that continues after you’ve said no.
For many people, the behaviour is not a single incident but repeated conduct that slowly wears them down, often through email, chat platforms or after-hours contact. That cumulative weight can have serious consequences.
Anxiety, depression, PTSD and other psychological conditions are recognised and serious outcomes of sustained harassment, which can give rise to a personal injury claim separate from any discrimination claim.
Industry spotlight: IT
While sexual harassment can occur in any workplace, some industries see it at disproportionately high rates. The technology sector is one of them.
Women in IT (Information, Media and Telecommunications) experience sexual harassment at higher rates than in many other industries, with 64 per cent prevalence according to the 2022 data.
This comes down to a combination of factors that are deeply embedded in how the sector operates. There are generally male-dominated teams and leadership structures, with power concentrated in senior technical roles, and the prevalence of contract or project-based work that leaves many employees in precarious positions.
Remote and hybrid work has added another layer of complexity, blurring professional boundaries. The industry’s heavy reliance on digital platforms (such as Slack, Teams, email, or Discord) creates new avenues for harmful behaviour, as does an informal workplace culture that routinely dismisses misconduct as jokes or “banter.”
Harassment in IT is often subtle, cumulative and digital.
What we commonly see in practice includes messages sent after hours that cross professional boundaries, repeated “mentoring” invitations with an uncomfortable undertone, comments directed at a woman’s appearance, and sexualised GIFs, memes or emojis shared through work channels.
We also see clients who were treated differently after rejecting advances.
What legal options do I have?
Regardless of the industry or setting, the legal protections available are the same, and there are more options than most people realise.
| Type of claim | General info | Compensation available | Time limits |
| Sex Discrimination Act (Commonwealth) | Applies across Australia. You can bring a claim if sexual harassment occurred: At work, While applying for a job, While accessing services, or In many professional or commercial settings. | Compensation (for distress, humiliation, injury, lost income) Apologies or corrective action Changes to workplace practices. | 24 months from the last incident to lodge a complaint (this time limit was extended from six months in September 2021). Extensions may be granted, but should not be relied on. |
| Fair Work Act sexual harassment claims (newer option) | This applies to conduct on or after 6 March 2023. This is particularly useful where: The harassment is ongoing, The employer hasn’t acted, or Power imbalance is an issue. | Orders to stop sexual harassment, Claims for compensation, and Action against employers who fail to prevent it. | Generally, two years from the conduct. Earlier action is strongly recommended. |
| State anti-discrimination claims (QLD / NSW) | Each state has its own system: Queensland: Anti-Discrimination Act (Qld) NSW: Anti-Discrimination Act (NSW) These are often used where: The conduct is localised, Federal pathways aren’t suitable, and Timing is tight. | These allow claims for: Compensation, Apologies, and Orders to change workplace conduct. | Time limits: Usually, 12 months from the date of the conduct. Extensions are discretionary and not guaranteed. |
| Personal injury claims | If sexual harassment has caused: anxiety, depression, PTSD, adjustment disorder, or inability to work, You may also have a personal injury claim, which can include: WorkCover / Comcare claims, and Common law claims for damages (where harm is more serious and meets certain thresholds). | This pathway focuses on injury, not punishment – and has stricter rules. | Time limits: Usually three years from injury, Earlier notice requirements may apply, Special rules apply for workers’ compensation. Important: Time usually runs from the last incident, not the first. But this must be assessed carefully. |
Time limits are often the most misunderstood aspect of these claims. Many strong cases fail simply because time runs out.
Common law claims against employers and individuals
In addition to the statutory pathways set out above, some circumstances can give rise to common law claims.
Victims of unwelcome physical contact or threats can make a claim of assault and battery directly against the individual responsible.
Employers may also face liability for negligence or breach of contract if they failed to take reasonable steps to prevent harassment, whether the harm caused was physical or psychological. These claims sit alongside, rather than replace, the statutory options.
In some circumstances, more than one pathway (statutory or common law) can be pursued concurrently.
What if I didn’t report the harassment at the time?
You can still bring a claim even if you never complained internally. Delayed reporting is very common and well recognised by courts and tribunals. The law understands that people stay silent for many reasons, such as fear of retaliation or damage to their careers, uncertainty about whether the conduct was unlawful, or the gradual nature of the behaviour itself.
What compensation is available?
Depending on the pathway, compensation may include:
- general damages or non-economic loss (pain, distress, humiliation),
- aggravated damages (where conduct was particularly harmful),
- lost income,
- medical expenses, and
- future economic loss.
Courts are now awarding significantly higher damages than in the past, reflecting a deeper understanding of trauma, especially psychological harm.
Act early, even if you’re unsure
If something does not feel right, it is worth getting advice early, even if you are unsure whether you want to proceed.
Speaking to a lawyer does not notify your employer, and it does not commit you to making a claim. But missing a time limit can remove your options entirely.
Attwood Marshall Lawyers – helping injured workers access the treatment and compensation they are entitled to
If you have experienced sexual harassment at work and are unsure where you stand legally, our Compensation Law team can help you understand your rights and the options available.
With extensive experience in Queensland and New South Wales workers’ compensation schemes, we understand how confronting it can be to take that first step. Our team is here to support you through the entire process.
For a confidential discussion, please call our Compensation Law Department Manager Tyra Hanson on direct line 07 5506 8261, email thanson@attwoodmarshall.com.au or free call 1800 621 071 any time.
Employees who are dismissed or feel they have no option but to resign following a harassment complaint may also have grounds for other legal claims. Our Commercial Litigation team advises on disputes arising from workplace conduct, including wrongful termination and contractual matters related to how a complaint was handled.
If you are involved in an employment dispute and would like to have a confidential discussion about something that you have experienced in the workplace, please contact our Commercial Litigation Department Manager Georgia Trapp, gtrapp@attwoodmarshall.com.au, on direct line 07 5506 8278, or by free call 1800 621 071.
