Workplace expectations in Australia are changing, and understanding sexual harassment legislation in Australia is now essential for every employer and employee. Sexual harassment is no longer just a moral or HR issue. It is both a legal and safety concern. Importantly, the law no longer waits for harm to occur. Instead, it now expects proactive action from organisations of all sizes.
There are two main legal frameworks addressing workplace sexual harassment laws:
- The Work Health and Safety Act, enforced by state and territory Safe Work regulators, which treats harassment as a health and safety risk
- The Sex Discrimination Act, enforced by the Australian Human Rights Commission, which frames harassment as a breach of human rights
Although these bodies have different roles, they work in tandem. Safe Work focuses on preventing harm, while the Human Rights Commission ensures organisations are meeting legal standards and respecting human dignity. Both are working toward the same goal: safer, healthier workplaces.
A major development in this space is the introduction of the positive duty workplace requirement. This new legal obligation under the Sex Discrimination Act requires all Australian employers to take reasonable and proportionate measures to eliminate sexual harassment and related conduct as far as possible. This marks a significant shift from reactive complaint-handling to proactive prevention.
This duty is not a one-size-fits-all. What is considered reasonable and proportionate will depend on the size, nature and resources of the organisation. For instance, a small bakery in a regional town will approach things differently than a national logistics company or a remote cattle station.
To help organisations meet this duty, the Australian Human Rights Commission provides seven guiding standards on the Respect at Work website. These are not just checklists, but practical frameworks that help organisations focus on areas such as leadership commitment, risk assessment, training, and victim support.
For example, the Knowledge standard encourages organisations to ensure all workers understand what sexual harassment is and isn’t. But getting that message across is not the same everywhere. In industries like forestry or transport, where workers are not sitting in front of a screen each day, communication strategies need to be more creative and tailored. In these environments, visual cues, team discussions, and field-friendly resources may be more effective.
These ideas were powerfully unpacked in an episode of Under the Rug at Work, where host Nicole Turnbull sat down with Dr Skye Charry to explore how sexual harassment is legally addressed and practically prevented in Australian workplaces.
Dr Skye Charry is a nationally respected expert in sex discrimination law, an Associate Professor of Law at the University of New England, and the Chief Consultant and Co-founder of SACE Consulting. She is also the author of Whispers from the Bush, a groundbreaking book documenting the lived experiences of rural women facing sexual harassment in the workplace. Her research has contributed to national conversations about workplace culture, and her work was the basis of the documentary Grace Under Fire, supported by the Victorian Women’s Trust.
In the podcast, Dr Charry explained the spectrum of behaviours that can constitute sexual harassment, from subtle and unwelcome staring through to inappropriate comments, jokes, and physical contact. These actions, even when not overtly aggressive, can cause significant harm when left unchecked.
She also outlined the three-part legal test from section 28 of the Sex Discrimination Act:
- The behaviour must be unwelcome
- It must be of a sexual nature
- A reasonable person would anticipate the possibility that the behaviour would cause offence, humiliation or intimidation
The third element, known as the possibility test, is particularly important because it aligns with work health and safety duties. If there is a foreseeable risk that a behaviour could cause psychological or physical harm, the employer has a legal duty to act, whether or not a formal complaint is made.
Dr Charry stressed that a strong sexual harassment policy in Australia must be more than a compliance document. It needs to be specific to the industry and work environment, with clear examples, informal and formal resolution options, and genuine leadership support. Just as workplaces have signage for physical safety, they should also promote messages about respect, dignity and psychosocial safety.
Crucially, the policy must be lived. This means regular conversations, relevant training, and consultation with workers about what is working and what is not. Leadership plays a vital role, not just in setting policy but in modelling safe behaviour and creating space for ongoing dialogue.
With updated laws and clearer national standards, Australian organisations now have a stronger framework to work from. By applying legal requirements thoughtfully and tailoring them to their own environments, leaders can meet their duties and build workplaces where people feel safe, valued and respected.
To learn more, listen to part 1 of Dr Skye Charry’s full conversation with Nicole Turnbull on YouTube here
Part 2 focuses on practical strategies for employers and leaders and is available now: