New sexual harassment laws now in place

These new provisions expand protections from sexual harassment to protect workers, future workers and people conducting a business or undertaking.

The Fair Work Act has been amended to prohibit (or ban) sexual harassment in connection with work, including in the workplace. These changes apply from 6 March 2023 and expand the previous protections around sexual harassment in the workplace.

The protection applies to workers, including employees, contractors, work experience students and volunteers, future workers, and people conducting a business or undertaking.

The protection won’t apply to sexual harassment that starts before 6 March 2023.

A person or company can be liable for sexual harassment conducted by an employee or agent in connection with work, including if they were involved in the employer’s contravention. This applies unless the person or company can prove that they took all reasonable steps to prevent the sexual harassment.

Read more about the expanded protections from workplace sexual harassment at Sexual harassment in the workplace.

The Fair Work Commission now has greater powers to deal with workplace sexual harassment.

In addition to its existing “stop sexual harassment order” powers, the commission can deal with disputes about sexual harassment by conciliation, mediation, or making a recommendation or expressing an opinion.

Where a dispute can’t be resolved these ways, the commission may also be able to deal with the dispute by arbitration if the parties agree. If this happens, the commission can make an order:

• for compensation or lost wages
• requiring a person to do something that’s reasonable to remedy any loss or damage suffered.

Applications to the commission can be made by:

• a person or group of people alleging sexual harassment (such as a worker or group of workers), or
• an industrial association, such as a union, on behalf of their member or members.