Sexual harassment benchbook

The sexual harassment benchbooks are for people who need to prepare or respond to an application involving sexual harassment. We provide examples of previous cases and decisions to help you understand how the Fair Work Act 2009 may apply.

The laws covering sexual harassment in the workplace changed on 6 March 2023. The date the sexual harassment commenced will determine which laws apply in your circumstances. We have prepared 2 benchbooks to assist you in navigating cases at the Commission.  

Orders to stop sexual harassment: transitional arrangements benchbook

This benchbook applies in relation to the alleged sexual harassment of a worker that occurred (or commenced) before 6 March 2023.

Sexual harassment disputes benchbook (draft)

This benchbook applies in relation to alleged sexual harassment in connection with work that occurs (or commences) on or after 6 March 2023. This benchbook remains in draft while we finalise the outcomes of our consultation on the draft. See Draft sexual harassment disputes benchbook published for consultation.

To understand the references and other terms we use, see References in the benchbooks.

Note: These benchbooks do not replace professional advice. Refer to the disclaimer (on Case law benchbooks) or find legal help.

How useful was this page?*

Note: your comments are anonymous. We use them to improve the website. Do not include any personal details.
Contact us or find legal help if you need a response.