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Make a complaint - Working without fear: Results of the Sexual Harassment National Telephone Survey (2012)

Discrimination Sex Discrimination
Friday 14 December, 2012

Working without fear:

Results of the Sexual Harassment National Telephone Survey



How can I make a complaint of sexual harassment
under the Sex Discrimination Act to the Australian Human Rights
Commission?

What can I do if I experience sexual harassment?

If you feel
safe and comfortable with taking a direct approach, you may want to deal with
the situation yourself by raising it with the person or people involved. If you
experience sexual harassment in your employment, you may also want to try and
resolve the situation by talking to your supervisor, manager or employer. If
your workplace has a human resources manager or equity officer / harassment
contact officer, they may also be able to assist you.
If this does not resolve the situation, or you do not feel comfortable
doing this, you can make a complaint to the Australian Human Rights Commission.
You can also have someone, such as a solicitor or trade union, make a complaint
on your behalf.
It does not cost anything to make a complaint to the Commission.
Your
complaint needs to be put in writing. The Commission has a complaint form that
you can fill in and post or fax to us or you can lodge a complaint online at our
website. If you are not able to put your complaint in writing, we can help you
with this. A complaint can be made in any language. If you need a translator or
interpreter, the Commission can arrange this for you.

What will happen with my complaint?

When the Commission
receives a complaint alleging sexual harassment that is covered by the Sex
Discrimination Act 1984
(Cth), the President of the Commission can
investigate the complaint and try to resolve it by conciliation. The Commission
is not a court and cannot determine that discrimination has happened. The
Commission’s role is to get both sides of the story and help those
involved resolve the complaint.
Generally, the Commission will tell the person or organisation the
complaint is against (the respondent) about your complaint and give them a copy
of the complaint. The Commission may ask the respondent for specific information
or a detailed response to your complaint.
Where appropriate, the Commission will invite you to participate in
conciliation. Conciliation is an informal process that allows you and the
respondent to talk about the issues and try to find a way to resolve the
complaint.
If your complaint is not resolved or it is discontinued for another reason,
you can take your complaint to the Federal Court of Australia or the Federal
Magistrates Court.

Where can I get more information?

The Australian Human Rights Commission’s contact details are:
Telephone
Complaint Info line: 1300 656 419 (local call)
TTY: 1800 620 241 (toll
free)
Fax: (02) 9284 9611
Post
Australian Human Rights Commission
GPO Box 5218
Sydney NSW 2001
Online
Website: www.humanrights.gov.au
You can make a complaint
online by going to
If you are deaf or hearing impaired you can contact us by TTY on 1800 620
241.
If you need an Auslan interpreter, the Commission can arrange this for
you.
If you are blind or have a vision impairment, the Commission can provide
information in alternative formats on request.
If you are thinking about making a complaint, you might also want to
consider obtaining legal advice or contacting your trade union. There are
community legal services that can provide free advice about discrimination and
harassment. Contact details for your closest community legal centre can be found
at www.naclc.org.au/directory.

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