Sexual Harassment at Work in Australia: What the Law Says in 2026

Imagine walking into your workplace feeling safe, respected, and valued—yet for too many Aussies, sexual harassment shatters that reality. In 2026, Australian laws have evolved to offer stronger protections, holding employers accountable and empowering workers to speak up without fear.

Whether you're an employee facing unwelcome advances, a manager keen to foster a healthy culture, or an HR pro navigating compliance, understanding the current landscape is crucial. From federal bans to state-specific restrictions on non-disclosure agreements (NDAs), here's what the law says about sexual harassment at work in Australia in 2026.

What Counts as Sexual Harassment in the Workplace?

Sexual harassment is any unwelcome sexual advance, request for sexual favours, or other unwelcome conduct of a sexual nature that affects a person's dignity or creates a hostile environment. This includes verbal comments, physical contact, gestures, or even sending explicit images—whether in person, via email, or on social media, if it's connected to work.

Under federal law, it's not just about the act itself; the victim's perception matters. If it makes you feel intimidated, humiliated, or unsafe, it could be unlawful. Work-related contexts extend beyond office walls to after-work drinks, client events, or online interactions tied to your job.

Examples Relevant to Aussie Workplaces

• A boss making suggestive jokes about your appearance during team meetings.
• Colleagues sharing explicit memes in the group chat.
• Unwanted touching at the office Christmas party.
• Persistent messages on LinkedIn from a work contact asking for dates.

These aren't "just banter"—they're illegal if unwelcome.

Federal Laws: The Fair Work Act and Positive Duty

Since 6 March 2023, the Fair Work Act 2009 explicitly prohibits sexual harassment associated with work. This means individuals, the Fair Work Ombudsman (FWO), and unions can now pursue claims directly through the Fair Work Commission for compensation, penalties, or orders against harassers and negligent employers.

Employers have a positive duty to prevent it proactively—not just react after complaints. Every business, no matter the size, must take reasonable steps like training, policies, and risk assessments. The Australian Human Rights Commission (AHRC) enforces this, with breaches leading to legal, financial, and reputational hits.

You can still use the Sex Discrimination Act 1984 (Cth) or state/territory laws, giving multiple avenues for justice.

Key Updates for 2026

In 2026, sexual harassment is firmly a work health and safety (WHS) issue too. The Australian Government has released a detailed WHS code of practice, requiring prevention plans—especially in states like Queensland, where businesses need compliant sexual harassment policies and prevention plans.

State Spotlight: Victoria's NDA Restrictions

Victoria leads with the Restricting Non-Disclosure Agreements (Sexual Harassment at Work) Act 2025, commencing 1 July 2026 (with some sources noting 1 November 2026). It's Australia's first ban on NDAs in sexual harassment claims, stopping them from silencing victims.

NDAs were once common to protect reputations but often hid serial offenders and deepened harm. Now, for workers "usually" based in Victoria:

• NDAs must be requested by the complainant—not pushed by employers.
• No undue pressure or influence allowed; terms must be in plain language.
• 21-day review period before signing (waivable by the worker).
• Complainants can exit after 12 months with 7 days' notice, disclosing details including the harasser's identity.
• Breach notices let workers challenge non-compliant NDAs via the Magistrates' Court.

Exceptions allow disclosures for investigations or warning future employers. This aligns with the positive duty and boosts transparency.

"NDAs silence victims, deepen harm caused by sexual harassment, and erode trust." – Australian Human Rights Commission recommendation.

Your Rights: How to Report and Seek Justice

If it happens to you:

1. Document everything: Dates, times, witnesses, messages.
2. Report internally: Use your employer's policy—most must have one.
3. Escalate if needed: Contact FWO, AHRC, or Fair Work Commission. Time limits apply (e.g., 21 days for general protections claims).
4. Seek support: Unions, lawyers, or services like 1800RESPECT for counselling.

Victims can claim compensation, and harassers face fines. Employers failing their positive duty risk AHRC investigations.

Employers: Steps to Comply in 2026

Don't wait for trouble—proactive compliance is key:

• Update policies to meet positive duty and WHS standards.
• Train all staff annually on recognising and preventing harassment.
• Conduct risk assessments and implement prevention plans (mandatory in QLD).
• In Victoria, ditch default NDAs; get legal advice on settlements.
• Report multi-employee businesses' gender equality progress (500+ employees from April 2026).

Resources: AHRC guidelines, FWO tools, and state WHS regulators.

Next Steps for a Safer Workplace

Sexual harassment has no place in Aussie jobs. Workers: Know your rights, speak up safely. Employers: Act now on positive duty and state laws to build trust. Review policies, train teams, and consult experts. For tailored advice, reach Fair Work Ombudsman (13 13 94) or AHRC. Together, we're creating workplaces where everyone thrives.