Who can make an application?

Employees in the public sector and employees employed by a local government authority can make an application for a stop sexual harassment order and/or make a sexual harassment referral.

Employees in the private sector can only make an application and/or referral if their employer is not a National System Employer as defined in the Fair Work Act 2009 (Cth). This generally means that you can make an application and/or referral if your employer is unincorporated, or is not a trading corporation. For example, if your employer is a partnership, sole trader, or an association or organisation that does not substantially engage in trading or financial activities, you can make an application for a stop sexual harassment order and/or a sexual harassment referral.

It is important that, when you fill in your claim form, you be clear and precise when naming your employer. You should try to provide your employer’s correct legal name. For private sector, you should also provide the business name,  A.B.N. or A.C.N.

To help you identify your employer, check your: 

• written employment contract or agreement;
• letter of appointment;
• group certificate;
• pay slip;
• job advertisement; or
• award or industrial agreement. 

Please note that a worker (and a prospective worker), a person carrying out work in any capacity for a person conducting a business or undertaking, can make this type of application and/or referral and this includes:

• an employee
• a contractor or subcontractor
• an employee of a contractor or subcontractor
• an employee of a labour hire agency who has been assigned to work in the person's business or undertaking
• an outworker
• an apprentice or trainee
• a student gaining work experience
• a volunteer
• a person of a prescribed class
• a person conducting a business or undertaking if they are carrying out work in that business or undertaking.