Right, let’s cut through the legal jargon and get to the heart of what you really need to know about reporting workplace harassment. The answer isn’t as straightforward as you might hope, but don’t worry, I’ll break it down for you in plain English. This article will discuss the timeframes of authorised dispute bodies. However, for internal reporting of workplace harassment, please review your company’s employee handbook.
The Short Answer: It Depends on Where You Go
Here’s the thing, there isn’t one universal time limit for reporting workplace harassment. The timeframe depends entirely on which avenue you choose to pursue your complaint, and there are quite a few options available to you.
Your Main Reporting Options and Their Time Limits
Fair Work Commission (Stop Bullying Orders)
Good news first – if you’re looking to get an order to stop ongoing workplace bullying, there’s no time limit to apply to the Fair Work Commission [1]. However, there’s a catch. The bullying needs to still be happening or there needs to be a risk it will continue. You can’t apply for a stop bullying order after you’ve left the workplace or if the harassment has completely stopped.
The Fair Work Commission must start dealing with your application within 14 days of receiving it. They can’t order workplace harassment compensation, but they can make orders to stop the bullying behaviour.
Australian Human Rights Commission (Discrimination Complaints)
If your harassment is based on discrimination – say, because of your gender, age, race, or disability – you’ve got 24 months to make a complaint to the Australian Human Rights Commission. This is actually a recent improvement – until December 2022, you only had six months for most discrimination complaints.
For sexual harassment specifically, you get the full 24 months. There’s no fee to make a complaint, which is helpful when you’re already dealing with enough stress.
State Anti-Discrimination Bodies
Each state has its own anti-discrimination commission, and the time limits vary:
- 12 months is the standard timeframe for most state bodies [2].
- Some states may grant extensions in certain circumstances.
SafeWork Authorities
Here’s another bit of good news, there’s no time limit for reporting workplace harassment to SafeWork NSW or other state work safety authorities. These bodies treat harassment as a work health and safety issue, which means they’re focused on preventing ongoing harm rather than strict deadlines.
The Reality Check: Why Time Matters
I’ve seen plenty of cases where people wait too long to report harassment, thinking it’ll just go away or that they can tough it out. While some avenues don’t have strict time limits, waiting too long can seriously weaken your case. Evidence gets lost, witnesses forget details, and demonstrating ongoing risk becomes harder.
Keep detailed records from day one – dates, times, witnesses, and copies of any communications. Your future self will thank you for being thorough.
Once you have made a formal complaint, your manager has a legal obligation to act. To understand the process they should follow, you can read our guide for managers on handling harassment complaints.
Our Insights
Having worked in employment law, I can tell you that workplace harassment cases are some of the most challenging but important work we do. The 2018 National Survey showed that one in three Australians experienced workplace sexual harassment, yet only 18% felt safe enough to report it [4]. These numbers tell a story that’s all too familiar in our legal practice.
The recent legislative changes, particularly the positive duty introduced in December 2022, show that Australia is finally taking workplace harassment seriously. Employers now have a legal obligation to prevent harassment before it happens, not just respond after the fact.
What You Should Do Right Now
Don’t wait around hoping things will improve. Here’s your action plan:
- Document everything – Start keeping records immediately
- Check your workplace policy – Most employers have formal complaint procedures
- Seek legal advice – Get professional guidance on your specific situation, the friendly team here at Fair Workplace Solutions are ready to assist you.
- Consider your options – You might be able to pursue multiple avenues simultaneously.
While some reporting avenues have no time limits, others are strict about deadlines. The key is understanding your options and acting promptly. Don’t let anyone convince you that harassment is just “part of the job” – it’s not, and Australian law increasingly recognises this.
Remember, you’re not alone in this. The laws are there to protect you, you just need to know how to use them effectively and within the right timeframes and that is certainly where we can help so reach out to us today.
Sources:
[1] – https://www.wairc.wa.gov.au/
[2] – https://www.equalopportunity.sa.gov.au/
