Sexual Harassment

A Comprehensive Guide to Effectively Addressing Sexual Harassment in the Workplace

Sexual harassment remains a significant legal, governance and reputational risk for Australian organisations.

It is defined under Australian law as any unwelcome sexual advance, request for sexual favours, or other unwelcome conduct of a sexual nature that a reasonable person would anticipate may offend, humiliate or intimidate.

Importantly, the assessment is based on impact – not intent.

Prevalence in Australian Workplaces

National survey data from the Australian Human Rights Commission confirms:

• Approximately one in three Australian workers have experienced workplace sexual harassment within a five-year period.
• Many incidents go unreported.
• Repeated conduct is common.

These findings reinforce that sexual harassment is not isolated – it is a systemic workplace risk.

Forms of Sexual Harassment

Sexual harassment can be overt, covert or subtle and may include:

• Unwelcome physical contact
• Sexually suggestive comments or jokes
• Distribution of sexually explicit material
• Persistent unwanted invitations
• Intrusive personal questions
• Digital harassment via email, messaging platforms or social media

A single incident may constitute sexual harassment. Repetition is not required.

Expanded Workplace Scope

The legal concept of “workplace” now includes:

• Remote and hybrid work environments
• Client premises
• Work travel
• Training courses and conferences
• Work-related social functions
• Digital communication platforms

Employers must ensure behavioural standards apply across all work-related settings and interactions, including with contractors, customers and third parties.

Impact on Individuals and Organisations

Sexual harassment can result in:

• Psychological injury (stress, anxiety, depression)
• Reduced productivity and engagement
• Increased absenteeism and turnover
• Workers’ compensation claims
• Reputational damage
• Regulatory scrutiny

Mishandled complaints can amplify harm and legal exposure.

Legal and Governance Obligations

Australian employers now carry a positive duty to take reasonable and proportionate steps to eliminate sexual harassment and related unlawful conduct.

This means organisations must:

• Implement preventative measures
• Provide training and awareness
• Establish clear reporting pathways
• Respond promptly and fairly to complaints

Failure to meet these obligations can result in regulatory action, tribunal proceedings, financial penalties and public reputational damage.

Sexual harassment is no longer simply an HR matter – it is a governance responsibility.

Prevention and Response Framework

Effective management requires:

• Clear, current sexual harassment policies
• Leadership commitment to respectful workplace culture
• Risk assessment of high-risk environments (power imbalances, alcohol-related events, isolated work)
• Confidential reporting mechanisms
• Structured, procedurally fair investigations
• Consistent disciplinary processes

Early, proportionate intervention reduces legal and cultural risk.

How ACCA Assists Organisations

Anti-Corruption Consultants Australia provides independent, structured sexual harassment investigation services across Australia, including:

• Policy and governance framework review
• Risk assessment and control recommendations
• Employee and leadership training
• Independent investigation of allegations
• Procedurally fair, legally defensible reports
• Guidance on disciplinary processes

Led by Mick Symons, ACCA ensures investigations are impartial, evidence-based and aligned with employment and administrative law standards.

Key Takeaway

• Sexual harassment remains prevalent.
• Legal standards have strengthened.
• Employer obligations are proactive – not reactive.

Independent, defensible investigation and governance oversight are essential to protect your organisation, leadership and workforce.

For confidential guidance on managing sexual harassment risks and complaints, contact ACCA.