Leslie Massey
Harassment is a human rights issue that can profoundly affect the lives of people in Australia. It can manifest in various forms, including stalking, cyberbullying, sexual harassment, and discrimination. While Australia has laws criminalising certain forms of harassment, there are calls for stronger legislation and more effective enforcement to address gaps in the legal framework. The Australian Human Rights Commission plays a crucial role in handling complaints and promoting awareness about harassment, bullying, and discrimination. With the introduction of new legislation in 2025, Australia is taking significant steps towards enhancing protections against sexual harassment in the workplace, holding both employers and harassers accountable for their actions.
| Characteristics | Values |
|---|---|
| Harassment in Australia | Illegal |
| Cyber-harassment laws | Need to be more actively enforced and made clearer |
| State and territory laws | Criminalise stalking |
| Stalking offences | Limited in their ability to protect individuals from harassment that does not involve the apprehension of actual violence |
| Online abuse | Includes threats to upload or distribute intimate or sexual photos or videos without consent |
| Criminal Law Consolidation Act 1935 (SA) | Threatening to kill or harm someone over the phone or internet is an offence |
| Sexual harassment | Unwanted sexual behaviour that makes an individual feel intimidated, humiliated or offended |
| Fair Work Act 2009 | Bans sexual harassment associated with work |
| Sex Discrimination Act 1984 | Sexual harassment is when an individual makes an unwelcome sexual advance or request for sexual favours |
| Workplace practices | Should be developed and implemented to address inappropriate workplace behaviour and respond to complaints effectively |
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Cyber-harassment
Harassment is illegal in Australia and is enforced by various state and territory laws. Cyber-harassment, or cyberbullying, is also illegal and is recognised as a form of abuse that can cause significant harm and distress. This can include broadcasting assaults or other crimes via social media or other means of communication.
Under Section 19 of the Criminal Law Consolidation Act 1935 (SA), it is an offence to threaten to kill or harm a person, which includes threats made via the internet. This also covers mental harm and can result in a person being found guilty if they intended to create a fear that the threat would be carried out.
In addition, Section 19AA of the same Act makes it an offence to stalk a person, which includes transmitting offensive material via the internet. Stalking is further defined by Section 8(1) of the Crime (Domestic and Personal Violence) Act 2007 (NSW) as "the following of a person about or the watching or frequenting of the vicinity of, or an approach to a person's place of residence, business or work or any place that a person frequents".
There are also specific laws targeting cyber-harassment, such as the use of a "carriage service" to menace, harass or cause offence under Section 474.17 of the Criminal Code. This has been used to prosecute cases of non-consensual sharing of private sexual material. From 24 January 2022, a new civil penalty regime for adult cyber-abuse will be enforced, addressing gaps in existing laws.
To address online content that may be illegal or restricted, individuals can report the issue to the eSafety Commissioner, who can issue removal notices and fines, even if the content is hosted outside of Australia. This includes content that falls under the Cyber Abuse Schemes, which cover cyberbullying and the sharing of private sexual material.
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Harassment at work
National anti-bullying laws and state or territory health and safety bodies provide avenues for employees experiencing bullying and harassment in the workplace. Fair Work Australia and the Australian Human Rights Commission govern these issues, and the Australian Human Rights Commission provides a template for organisations to formulate their policies.
Workplace bullying and harassment can take various forms, including abusive, insulting, or offensive language, comments, or behaviour. It can also involve unreasonable work expectations, such as constantly changing deadlines or denying access to resources. In some cases, workplace bullying may amount to unlawful stalking, a breach of criminal law in most states and territories of Australia. For example, in Queensland, penalties of up to five years or seven years in aggravating circumstances, such as the threat of violence, can be imposed.
State and territory laws also criminalise stalking, but there may be gaps in addressing harassment that does not involve the threat of actual violence. For instance, persistent unwanted attention or communication that does not meet the threshold for stalking could still cause significant harm. Consolidating and clarifying existing state and territory stalking criminal offences have been suggested to address these gaps.
Employees experiencing workplace bullying or harassment can seek legal advice and explore various options for prevention and protection. They can contact the Legal Helpline or refer to domestic violence services. Additionally, the police can issue intervention orders or apply to the Magistrates Court for an order on the employee's behalf in certain circumstances.
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Harassment in schools
However, despite these laws, harassment in schools persists. Research reveals that sexual harassment is prevalent in Australian schools, with a national survey highlighting the issue of harmful sexual behaviours experienced by teachers. The survey, which included 1,000 participants, found that almost 80% reported an increase in harmful sexual behaviours, and many female teachers expressed feeling unsafe at work. This issue extends beyond teachers, as studies have shown that 41% of high school students in New South Wales experienced sexual harassment in a single term. Furthermore, 64% of young people aged 15-19 years old reported experiencing sexual harassment in person, with an additional 54% experiencing it through technology.
The root of the problem may lie in the educational system itself. Samantha Schulz, a Senior Lecturer at the University of Adelaide, and Sarah McDonald, a Lecturer at the University of South Australia, attribute the issue to a "decades' long policy vacuum around gender equity in schooling." They argue that schools lack the necessary tools and willingness to address the problem, despite warnings that schools are becoming breeding grounds for gender-based violence. This assertion is supported by the findings of the national survey, which revealed significant gaps in policies, procedures, and codes of conduct related to harassment.
To address this issue effectively, a multi-faceted approach is necessary. Experts emphasize the need for educational authorities to provide clear guidelines for preventing and addressing sexual harassment. This includes educating staff, parents, and students about this issue. Additionally, there is a call for gender education to be integrated into teaching degrees and the Australian Curriculum, fostering a broader understanding of gender equity within the community. By addressing the underlying causes and improving education, Australia can begin to tackle the pervasive issue of harassment in its schools.
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Stalking
- Follow or approach the other person
- Loiter near, watch, approach, or enter a place where the other person resides, works, or visits
- Keep the other person under surveillance
- Interfere with property in the possession of the other person
- Give, send, or leave offensive material for the other person
- Telephone or otherwise contact the other person
- Act covertly in a manner that could reasonably be expected to arouse apprehension or fear in the other person
- Engage in conduct amounting to intimidation, harassment, or molestation of the other person
The penalties for stalking in Australia include imprisonment and fines. The maximum penalty for unlawful stalking is imprisonment for up to 5 years if the offender uses or threatens to use unlawful violence, possesses a weapon, or contravenes a court injunction or order. In other cases, the maximum penalty is imprisonment for 3 years. Additionally, a person who stalks or intimidates another person with the intention of causing fear of personal injury is liable for imprisonment for 5 years or a fine of 50 penalty units, or both.
It is important to note that the definition of stalking and the associated penalties can vary slightly between different states and territories in Australia. For example, in Tasmania, stalking can be based on a single incident, while in other states, at least two incidents are required.
There has been a recent push to strengthen stalking laws in Australia, particularly to address the use of technology in stalking and to broaden the understanding of stalking behaviours. The proposed changes aim to update the name of the offence to 'unlawful stalking and harassment', reflecting the fact that stalking behaviours can occur on social media and other online platforms. These changes also aim to lower the threshold for proving the offence, capturing a broader range of activities that qualify as unlawful stalking or harassment.
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Sexual harassment
In Australia, sexual harassment is defined as unwanted sexual behaviour that makes an individual feel intimidated, humiliated, or offended. Section 28A of the Sex Discrimination Act states that sexual harassment occurs when an individual makes an unwelcome sexual advance or request for sexual favours, or engages in other unwelcome conduct of a sexual nature towards the individual being harassed.
The Australian Human Rights Commission's National Survey, conducted once every five years, found that one in three people experience sexual harassment at work. In light of the #MeToo and #TimesUp movements, the Commission was appointed to undertake a national inquiry into sexual harassment in Australian workplaces. The Respect@Work report, published in 2020, outlined 55 recommendations to eliminate workplace sexual harassment.
In response, the Australian government passed the Sex Discrimination and Fair Work (Respect at Work) Amendment Act 2021 (Cth) to implement some of the report's recommendations. However, critics note that the government failed to adopt the central recommendation, which was to impose a positive duty on employers under the Sex Discrimination Act to implement preventative measures to protect employees from workplace sexual harassment.
To address gaps in protection, new laws were introduced in 2025 to enhance existing legislation banning sexual harassment. The Fair Work Act 2009 now includes a positive duty for employers to prevent sexual harassment in the workplace and hold both employers and harassers accountable for their actions. These laws also allow unions to create claims on behalf of individuals who have faced sexual harassment, reducing the burden on individuals to address the harassment they have experienced.
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Frequently asked questions
Yes, harassment is illegal in Australia. The Australian Human Rights Commission states that everyone has the right to feel safe and respected, and that violence, harassment, and bullying violate these rights.
Harassment can take place at work, in domestic contexts, in schools, and online. Stalking is also considered a form of harassment.
Cyber-harassment is a criminal offence in Australia, and the government has founded an Online Safety Consultative Working Group to advise on online safety issues. The eSafety Commissioner can investigate complaints about online content and issue removal notices.
If you are experiencing domestic violence or harassment, you should go to a police station to make a formal complaint. You can also contact the Australian Human Rights Commission, which has a complaint handling service that investigates complaints of harassment.
Harassment can have significant negative impacts on a person's well-being and quality of life, leading to social isolation, emotional and physical harm, low self-esteem, and anxiety. In extreme cases, harassment can even lead to suicide.
