Australia

My boss makes inappropriate sexual comments at work. What legal protections do I have?

18+ years
Age protection
No time limit
Complaint window
$100k+
Max compensation
21 days
Fair Work claim deadline
The Short Answer

You are protected under Australian federal and state anti-discrimination laws, which prohibit sexual harassment at work as a form of unlawful discrimination.

What the Law Says

Sexual harassment in the workplace is illegal across Australia under federal and state laws. These laws define what conduct is prohibited and outline your rights to make a complaint or seek remedies.

Under the Sex Discrimination Act 1984 (Cth), it is unlawful for anyone — including your boss — to make unwelcome sexual advances, request sexual favours, or engage in other unwelcome conduct of a sexual nature that a reasonable person would anticipate would offend, humiliate or intimidate you.

The Fair Work Act 2009 (Cth) also protects you: if the behaviour amounts to 'serious misconduct' or creates an unsafe work environment, you may be able to lodge a general protections claim or apply for a stop-bullying order — provided the conduct is repeated.

Each state and territory has its own anti-discrimination law (e.g., Anti-Discrimination Act 1977 (NSW)), which largely mirrors the federal law but may offer additional pathways or definitions.

Statutory Text

Sexual harassment means an unwelcome sexual advance, an unwelcome request for sexual favours or other unwelcome conduct of a sexual nature...

Sex Discrimination Act 1984 (Cth), s. 28A — Definition of sexual harassment
Statutory Text

It is unlawful for a person to sexually harass another person.

Sex Discrimination Act 1984 (Cth), s. 28(1) — Unlawful sexual harassment
Statutory Text

A person who is dismissed, injured in his or her employment... because of... sex... is entitled to make a general protections claim.

Fair Work Act 2009 (Cth), s. 342 — General protections

What to Do

1

Record dates, times, witnesses, and exact words from each incident.

2

Tell your employer or HR in writing — or follow your workplace’s harassment policy.

3

Lodge a complaint with the Australian Human Rights Commission (AHRC) — free and no time limit.

4

If dismissed or threatened, file a general protections claim with the Fair Work Commission within 21 days.

5

Seek advice from a union, community legal centre, or lawyer — many services are free.

Sources

Same Question, Other Jurisdictions

Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.