Bullying, sexual harassment or discrimination at work

Last checked: 31 October 2026

The short answer

You have several options, and which one fits depends on what you want: for it to stop, for compensation, or for safety at work to be fixed. The Fair Work Commission can make orders to stop bullying or sexual harassment, and can help resolve sexual harassment disputes. You can also complain to the Victorian Equal Opportunity and Human Rights Commission or the Australian Human Rights Commission, or report the hazard to WorkSafe Victoria. Time limits apply, so act early and keep records.

Key dates and time limits

• Fair Work Commission sexual harassment applications: usually within 2 years of the last incident.
• Victorian Equal Opportunity and Human Rights Commission: it may decline a complaint about something that happened more than 12 months before.
• Australian Human Rights Commission: it may end a complaint lodged more than 24 months after the events.
• After the Australian Human Rights Commission ends a complaint: 60 days from the notice to go to court.
• Stop bullying orders: you must still work at the workplace when you apply.

Step by step

1. 1

   Get safe and get support

   If you are in danger, call 000. Some sexual harassment is also a crime, and you can report it to police. Talk to someone you trust, and use your workplace's employee assistance program if it has one.

2. 2

   Keep records

   Write down each incident: the date, time, place, what was said or done, and who saw it. Save messages, emails and photos. Keep copies of any complaint you make and the reply, and notes from your doctor.

3. 3

   Raise it at work if it is safe

   You can tell a manager, HR, a health and safety representative or your union. You do not have to do this before going to the Fair Work Commission. Employers in Victoria have a positive duty to take steps to stop discrimination, sexual harassment and victimisation, and employers across Australia have a similar duty about sexual harassment.

4. 4

   Choose the right body

   The Fair Work Commission can make an order to stop bullying (Form F72) or deal with a sexual harassment dispute and make stop orders (Form F75). For discrimination or sexual harassment, you can complain to the Victorian Equal Opportunity and Human Rights Commission or the Australian Human Rights Commission. WorkSafe Victoria deals with bullying and sexual harassment as health and safety hazards. If you complain to the Australian Human Rights Commission or under an anti-discrimination law, you cannot also ask the Fair Work Commission to resolve the same sexual harassment dispute, except for stop orders. Get advice before you choose.

5. 5

   Apply or complain

   A stop bullying application costs $92.70 for 2026 to 27 (as at October 2026), and you can ask for a fee waiver. The Fair Work Commission aims to contact everyone within 2 weeks and finish most bullying and sexual harassment cases within 16 weeks. A complaint to the Victorian Equal Opportunity and Human Rights Commission is free.

6. 6

   Conciliation, conference or hearing

   Most cases start with a meeting to try to agree on an outcome, such as an apology, changed work arrangements, training or compensation. If a sexual harassment dispute is not resolved at the Fair Work Commission, it issues a certificate and you can go to court. A human rights commission cannot decide who is right, but if your complaint does not resolve you may be able to go to VCAT or a federal court.

7. 7

   If you are injured, think about a WorkCover claim

   If bullying or harassment has caused you a mental injury, you may be able to claim WorkCover. While you wait for the outcome, you may get provisional payments for treatment for up to 13 weeks. Since 31 March 2024 the rules are stricter: the injury must be diagnosed and mainly caused by work, and claims based mainly on usual work stress or burnout, or reasonable management action, are not covered.

Who can help

Forms and the law