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(Cth) Extend Workplace Sexual Harassment Complaint Period in the Fair Work Act to 6 Years
- Alex Do
- Oct 29
- 6 min read
Updated: Nov 12
Author: Alex Do | Publish date: 29/10/2025
Problem Identification:
In Australia, the Fair Work Commission (FWC) can dismiss a sexual harassment claim made under the Fair Work Act 2009 (Cth) (FWA) on the grounds that the complaint was made more than 24 months after the last alleged occurrence of the harassment.
Section 527G of the Fair Work Act 2009 (Cth) states that the ‘FWC may dismiss an application that is made…more than 24 months after the contravention, or the last of the contraventions…is alleged to have occurred.’
According to Avant Law, this means that while the FWC can take a case after 24 months, they have the ‘discretion to dismiss the application.’ Circle Green Community Legal (CGCL) has indicated that those who wait longer than 2 years to file a complaint may lose their chance for the FWC to hear their case. CGCL has argued that this creates a ‘significant barrier for persons targeted by workplace sexual harassment who want to make a claim.’
Context:
Workplace sexual harassment refers to the unwelcome conduct of a sexual nature that makes a person feel ‘offended, humiliated or intimidated’ where a ‘reasonable person’ in the same circumstance would anticipate that reaction. The FWC has stated that workplace sexual harassment can be physical, verbal or written, in person or online. They have included examples such as ‘inappropriate physical contact’, ‘sexually suggestive comments or jokes that offend or intimidate’ or ‘inappropriate advances on email or other online social technologies’.
According to a 2022 Australian Human Rights Commission report, 1 in 3 workers have been sexually harassed at work. The report also found that women, LGBTQAI+ people, and Indigenous and Torres Strait Islander people are disproportionately more likely to be sexually harassed at their workplace.
The Australian Council of Trade Unions has also reported that ‘only 1 in 230,000 victim-survivors of workplace sexual harassment bring proceedings to an Australian court.’
Arguments:
Victoria Legal Aid (VLA) has emphasised that strict time limits discourage survivors from seeking justice. They have stated that for some survivors, ‘the knowledge that their claim may be rejected because it is outside the time limit is enough to prevent them from making a claim at all.’ One survivor stated: ‘If there wasn’t a timeframe on sexual harassment complaints I would probably do something about it now.’
CGCL has highlighted that the time limit for a sexual harassment complaint does ‘not accurately reflect the impact of serious trauma on an individual’. They have argued ‘it often takes longer than 24 months for a person targeted by workplace sexual harassment to deal with the impacts of their experience, especially if they come from a marginalised or disadvantaged background.’ An individual on CGCL’s Lived Experience Advisory Panel has noted that this ‘24-month period is not enough. You need longer, particularly for those whose experiences were prior to this cultural (#MeToo) movement’.
CGCL has highlighted that the timeframe to make a sexual harassment claim is inconsistent with the ‘general limitation period that applies to many other civil law actions’. For example, Fair Work Legal Advice noted that the time limit for general applications not involving a dismissal under the FWA is 6 years. As such, VLA has highlighted that workers making sexual harassment claims may face significantly tighter constraints in seeking justice than others pursuing employment-related civil law actions.
Advice/Solution Identification:
The Minister for Employment and Workplace Relations should amend section 527G of the Fair Work Act 2009 (Cth) to omit '24 months' and substitute it with '6 years'. This would remove the discretionary power of the FWC to dismiss workplace sexual harassment complaints on the grounds that they were submitted after 24 months.
CGCL and Unions NSW have called for this. CGCL has said this could be an effective solution by making it ‘more appropriate considering the nature of psychological impacts of sexual harassment.’ Unions NSW has also emphasised that people should be able to seek justice ‘when they are ready and strong enough to do so.’
Precedent:
If Australia were to enact this reform, it would be world-leading to the best of the author’s knowledge.
Public Support:
News Coverage:
The Sydney Morning Herald - ‘Steve Griffin was nicknamed ‘Handsy’ by staff. It didn’t hurt his career’. The CEO of Greyhound Racing NSW was nicknamed "Handsy" by staff and faced sexual harassment allegations in a previous role as head of the industry regulator, which were revealed during a parliamentary committee hearing. By: Jordan Baker | Wed 27 Aug 2025 - Read the article here.
ABC News - ‘Sexual harassment of migrant women rife in Australian workplaces, report finds’. A report revealed that over half of migrant women on temporary visas in Australia have faced sexual harassment at work, but were often too afraid to report it due to concerns about their visa status and job security. By: Bronwyn Herbert and Leonie Thorne | Thu 14 Nov 2024 - Read the article here.
ICLG News - ‘Court waives statute of limitations in sexual harassment claim’. A court in Victoria waived the statute of limitations to allow a former employee's sexual harassment claim against her employer, despite the alleged events occurring in 2010. By: Rob Harkavy | Fri 13 Sep 2024 - Read the article here.
The Guardian - ‘Seven alleges 13 women have made complaints about former Sydney reporter Robert Ovadia, court hears’. A former Channel Seven reporter dropped his wrongful dismissal lawsuit after the network revealed that 13 more women had made complaints against him. By: Amanda Meade | Thu 29 Aug 2024 - Read the article here.
The Guardian - ‘ABC staff survey reveals 13% of news employees have faced sexual harassment’. An internal survey revealed that 13% of ABC news employees had faced sexual harassment, and a quarter of staff had experienced workplace bullying. By: Amanda Meade | Wed 5 Jun 2024 - Read the article here.
Where to go to learn more:
Circle Green Community Legal - This submission provided recommendations to address workplace sexual harassment, including the topic of this brief. Read the submission here.
Australian Law Reform Commission - This guide detailed the various external legal avenues, such as anti-discrimination and workplace relations bodies, to address workplace sexual harassment across Australia. Read the guide here.
Australian Council of Trade Unions - This submission detailed the low rates of sexual harassment reporting, calling for stronger legal protections and fairer timeframes for making complaints. Read the submission here.
Australian Human Rights Commission - This survey report found that 1 in 3 Australian workers have experienced sexual harassment in the last 5 years, disproportionately affecting women and marginalised groups. It also found that reporting remains low. Read the report here.
Fair Work Act 2009 (Cth) - Read the full Act here.
Human Perspective:
Trigger Warning: Workplace sexual harassment
Sarah experienced repeated workplace sexual harassment from a senior manager. After struggling to process the experience and having to continue working alongside her perpetrator, she eventually resigned. It took years of therapy before she felt ready to come forward, believing that reporting what happened could finally bring closure. But when she met with her lawyer, Sarah learned her claim could be dismissed because more than 2 years had passed since the last incident. The thought that the Fair Work Commission might reject her case, not because it lacked merit, but because of a time limit, was crushing. She decided not to proceed, feeling that the emotional toll and uncertainty weren’t worth it. For Sarah, the 24-month limit didn’t just close a legal door, it silenced her chance to seek justice.
To protect the anonymity of those involved, this is a fictionalised account drawn from an amalgamation of real-life stories, experiences and testimonials gathered during the research process for this brief. Any resemblance to actual individuals is purely coincidental.
Conflict of interest/acknowledgment statement:
N/A
Support
If your organisation would like to add your support to this paper or suggest amendments, please email Info@foreaustralia.com.
Reference list:
Australian Council of Trade Unions. (2024, September 19). Historic win: harassment victim-survivors granted fairer access to justice [Media release]. https://www.actu.org.au/media-release/historic-win-harassment-victim-survivors-granted-fairer-access-to-justice/
Australian Human Rights Commission. (2022, November). Time for respect: Fifth national survey on sexual harassment in Australian workplaces. https://humanrights.gov.au/sites/default/files/document/publication/2022.11.25_time_for_respect_2022_final_digital.pdf
Australian Law Reform Commission. (2025, January). Safe, Informed, Supported: Reforming Justice Responses to Sexual Violence. ALRC Report 143. https://www.alrc.gov.au/wp-content/uploads/2025/02/JRSV-Final-Report-Book-for-Web-final-20250211.pdf.
Circle Green Community Legal. (2024, June 14). Submission to the Australian Law Reform Commission: Inquiry into Justice Responses to Sexual Violence. https://circlegreen.org.au/wp-content/uploads/2024/06/2024.06.14-Submission-to-the-ALRC-on-the-Inquiry-into-Justice-Responses-to-Sexual-Violence.pdf
Fair Work Act 2009 (Cth).
https://www.legislation.gov.au/C2009A00028/latest/text/2
Fair Work Commission. (n.d.). What is workplace sexual harassment. https://www.fwc.gov.au/issues-we-help/sexual-harassment/what-is-workplace-sexual-harassment
Fair Work Commission. (2023). Who can make a sexual harassment application. https://www.fwc.gov.au/issues-we-help/sexual-harassment/who-can-make-sexual-harassment-application
Fair Work Legal Advice. (2016). General protection time limits. https://fairworklegaladvice.com.au/generalk-protections-time-limits/
Fair Work Ombudsman. (2023). Making a complaint about workplace sexual harassment. https://www.fairwork.gov.au/employment-conditions/bullying-sexual-harassment-and-discrimination-at-work/sexual-harassment-in-the-workplace/making-a-complaint-about-workplace-sexual-harassment
Fair Work Ombudsman. (2024). Protections at work. https://www.fairwork.gov.au/employment-conditions/protections-at-work
Justice Connect. (2025, February 11). How to apply to the Fair Work Commission if you’re experiencing sexual harassment. https://justiceconnect.org.au/resources/how-can-i-get-an-order-to-stop-sexual-harassment/
Russo, S., & Schoninger, S. (2023, February 23). Additional sexual harassment law reforms. Avant Law. https://avant.org.au/resources/additional-sexual-harassment-law-reforms
Unions NSW. (2019). National Inquiry into Sexual Harassment in Australian Workplaces National Inquiry into Sexual Harassment in Australian Workplaces. Submission to the Australian Human Rights Commission. https://humanrights.gov.au/sites/default/files/2019-05/submission_354_-_unions_nsw.pdf
Victoria Legal Aid. (2019, February 28). Change the culture, change the system – end sexual harassment at work. Submission to the Australian Human Rights Commission’s National Inquiry into Sexual Harassment in Australian Workplaces. https://www.legalaid.vic.gov.au/sites/default/files/vla/vla-submission-ahrc-national-inquiry-sexual-harassment-at-work.pdf
Western Community Legal Centre. (2024, June 4). Submission to the Australian Law Reform Commission: Justice Responses to Sexual Violence. https://www.alrc.gov.au/wp-content/uploads/2024/09/180.-Westjustice.pdf.
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