From 13 October 2025, sexual harassment claims can be made to the Industrial Relations Commission of NSW by:
You cannot make a claim to the Industrial Relations Commission of NSW if you are a national system employee or national system employer. This includes:
National system employees and employers are covered by the Commonwealth’s workplace relations laws which contain similar rights. You can find more information about those rights on the website of the Fair Work Commission.
A person may not make a sexual harassment claim and a claim under anti-discrimination law for the same conduct. However, a person may make a sexual harassment claim and make a work health and safety claim for the same conduct at the same time.
Applications may be made by the affected employee or by a union on their behalf.
A sexual harassment claim can be made by filing Form 64A – Application for Sexual Harrassment Order by email to IRC.Registry@courts.nsw.gov.au. Alternatively, this form can be filed in person or by post.
Given the nature of the allegations raised by a sexual harassment claim, an applicant is not required to serve the application for a sexual harassment order(s) upon the respondent(s). Instead, the Registry will serve the application upon each respondent once it has been filed pursuant to r 3.5 of the Industrial Relations Commission Rules 2022.
If an applicant has concerns about whether to include particular information, an applicant can provide the Registry with an incomplete sexual harassment application form and then contact the Registry to talk about what further information should be provided.
The Registrar may require an applicant to provide further details in their application before the Registrar serves the application.
When making a sexual harassment claim, an applicant should list each of the following as respondents, even if orders are not sought against them:
The Commission has the power to add or remove respondents as required to ensure the proper determination of the sexual harassment claim.
If you are considering making a claim, or have been served with a claim, you should read Practice Note 35 that sets out the procedure to be adopted. This webpage summarises that material, but is not a substitute for what is set out there.
To uphold a claim, the Commission must be satisfied that the aggrieved person was sexually harassed in contravention of s 144N of the Industrial Relations Act 1996 (NSW) (IR Act). To establish a contravention of s 144N, it must be shown that:
1. the conduct involved:
AND
2. a reasonable person would have anticipated the conduct would offend, humiliate, or intimidate the aggrieved person.
If you are making a claim, you will need to be as specific as possible about the conduct you allege constituted the sexual harassment. For example, you should provide details about the person(s) who engage in the conduct, when it occurred and what occurred.
A claim cannot proceed if:
A person cannot receive compensation if they have already received compensation under an anti-discrimination law for the same matter.
If the Commission finds a contravention of s 144N, it may issue any order it considers appropriate, including:
Orders may apply to:
The Commission is required to take into account:
Conciliation is the first step. The Commission must attempt to resolve the matter without the need for a formal hearing.
If conciliation fails, the matter will proceed to arbitration where the Commission must either:
Given the nature of the allegations that may be raised, the Commission has the power to determine the best procedure to deal with any sexual harassment claim. For example, the Commission may decide that conciliations and hearings should be held in private, or online, or with the parties kept separate. The Commission may decide not to publish details about the listing of a sexual harassment claim in the daily court list.
The Commission may determine the best procedure in any matter on its own initiative or a party may apply by email for a particular procedure to be taken pursuant to of Practice Note 35.
A civil penalty can be sought in respect of sexual harassment contravening s 144N, but only after a sexual harassment order has been made by the Commission in respect of the same or substantially the same conduct.
A civil penalty can also be sought against a person who has contravened a term of a sexual harassment order.
A civil penalty application can be made by:
A breach of s 144N and a sexual harassment order may result in civil penalties:
In addition to the NSW Industrial Relations Commission, you may have other options for addressing workplace sexual harassment:
Fair Work Commission: You may be able to bring a claim for sexual harassment orders with the Fair Work Commission. However, if you are eligible to make a claim you are unable to lodge a claim with the NSW Commission. Fair Work Commission Website
Anti-Discrimination NSW: Handles complaints under state anti-discrimination law. Anti-Discrimination Website
Australian Human Rights Commission: Handles complaints under federal law. Australian Human Rights Commission Website
Work Health and Safety Regulators: Sexual harassment can be a work health and safety issue. Contact SafeWork NSW.
Police: If the conduct may be criminal (eg, sexual assault), you can contact the police.
Workers Compensation: If you have suffered an injury as a result of workplace sexual harassment, you may be eligible to make a workers compensation claim.
Important: There are limits on making multiple claims for the same conduct under different laws. You may wish to seek legal advice about the best pathway for your circumstances.
Legal Help and Advice
If you are considering making a sexual harassment claim, or responding to one, you may wish to seek legal advice or support. The following options are available.
Legal Aid NSW: You may be eligible for assistance from Legal Aid NSW through their Workplace Rights Service. You should contact Legal Aid NSW for more information.
Community Legal Centres: Community legal centres provide free or low-cost legal advice and assistance. You can find a centre in your area by searching the Community Legal Centres NSW website.
Law Society of NSW: The Law Society of NSW can refer you to private solicitors who specialise in workplace law.
Unions and Employer Organisations: If you are a member of a union or employer association, they may be able to provide advice, support, or representation.
Other Legal Services: Some not-for-profit organisations and specialist legal services may also be able to assist, particularly for people from diverse backgrounds or with specific needs.
Sexual harassment can have significant impacts on your wellbeing. Support is available if you are feeling anxious, stressed, isolated, or are experiencing other effects.
Employee Assistance Program (EAP): Many workplaces offer free and confidential counselling through an EAP. Check with your employer or HR department.
Speak to Your Doctor (GP): Your GP can provide support, medical advice, and referrals to other professionals or online resources.
Free Helplines and Online Services:
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