How to lodge a sexual harassment complaint with the AHRC
Sexual harassment complaints at the federal level are lodged with the Australian Human Rights Commission (AHRC) under the Sex Discrimination Act 1984 (Cth). The AHRC offers a free conciliation process. If conciliation fails, you can apply to the Federal Court or Federal Circuit and Family Court for a binding determination, including compensation.
The framework
Sex Discrimination Act 1984 (Cth), particularly Part II Division 3 (sexual harassment) and Part IIB (complaints). The Respect@Work amendments (2022) introduced a positive duty on employers to prevent harassment.
The process
Understand what constitutes sexual harassment
Sexual harassment is unwelcome sexual conduct that a reasonable person would anticipate would offend, humiliate, or intimidate. It includes physical contact, suggestive comments, sexually explicit messages, and requests for sexual favours.
Document the harassment
Write a detailed account of each incident — dates, times, locations, what happened, what was said, who was present, and how it affected you. Preserve any messages, emails, or photos.
Consider reporting through internal channels
If the harassment occurred at work, consider reporting it through your employer's complaint process. This is not mandatory before going to the AHRC, but it may be relevant.
Seek support
Contact 1800RESPECT (1800 737 732) for confidential support and advice. See your GP if your health has been affected. Consider speaking with a lawyer about your options.
Prepare your AHRC complaint
Complete the AHRC complaint form, available online. Describe the harassment, when and where it occurred, who was involved, and what outcome you are seeking (apology, compensation, policy changes).
Lodge the complaint with the AHRC
Submit the complaint online at humanrights.gov.au, by email, post, or fax. There is no filing fee. Complaints should generally be lodged within 24 months of the last incident.
AHRC assesses and notifies the respondent
The AHRC reviews the complaint, determines whether it is within jurisdiction, and notifies the respondent. The respondent is invited to respond to the allegations.
Attend conciliation
The AHRC arranges a conciliation conference (in person, by phone, or online). A conciliator helps the parties negotiate a resolution. Conciliation is confidential and voluntary.
AHRC terminates the complaint if not resolved
If conciliation does not result in agreement, the AHRC terminates the complaint and issues a termination notice. This gives you the right to apply to court.
Apply to the Federal Court or FCFCOA
Within 60 days of the termination notice, you can apply to the Federal Court or Federal Circuit and Family Court of Australia for a hearing. The court can order compensation, apologies, and policy changes.
Common mistakes
- Waiting too long to lodge — complaints should generally be made within 24 months
- Not documenting incidents in detail as they happen
- Expecting the AHRC to investigate and make a binding decision — it facilitates conciliation only
- Missing the 60-day deadline to apply to court after AHRC termination
- Not understanding that the employer can be vicariously liable for the harasser's conduct
Get this process right with Quillio
Quillio helps you draft your AHRC complaint, prepare a chronology of incidents, and understand your options for court proceedings. See /practice-areas/employment-lawyers or start a free trial.
This guide is general information about sexual harassment complaints under federal law — not legal advice. Sexual harassment is serious and we strongly recommend obtaining legal advice specific to your circumstances.
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