New changes to the IRC NSW
Changes have been made to the new NSW Industrial Relations Commission (NSW IRC). Additionally, there are changes across the whole Industrial Relations legislation. These changes are going to affect over 400,000 employees working across New South Wales’s public sector. This will include teachers, hospitals, local councils and more.
From 13 October 2025, employees are now able to seek orders from the NSW Industrial Relations Commission to stop workplace bullying and sexual harassment. Additional orders include compensation up to $100,000, a public apology, or orders that stop an employer for future unlawful conduct.
The new jurisdiction also outlines how fines can be distributed for employees and employers that breach their order. This would amount to a fine of $18,870 for an employee and $93,900 for an employer.
Sexual Harassment and the Commission
With these changes, public sector employees will be able to seek orders when they have been sexually harassed. The first step will be a conciliation process before orders can be sought.
A conciliation conference allows the employee and employer to try and resolve the matter in a confidential and informal manner. This is beneficial as confidentiality allows the parties to talk more freely and without fear of public scrutiny.
Furthermore, conciliation can allow both parties to feel as though they have “won”. It is not a party being ‘forced’ to do something in a traditional sense. Conciliation is particularly helpful for employees who wish to stay within their employment. Resolving a matter during conciliation can help preserve the employer-employee relationship.
In the circumstances where conciliation is not successful, then the parties can seek orders. Orders are legally binding instructions from the Commission that the receiving party must comply with.
Why does this change anything?
These changes are some of the first of its kind for a commission. The change gives public sector employees in NSW a new way of resolving workplace disputes. It is important to remember that public servants in NSW do not have access to the Fair Work Commission.
Therefore, these changes allow a more streamlined dispute resolution process. Prior to these changes employees would make their complaints to the Anti-Discrimination Board NSW (ADBNSW). However the ADBNSW does not have the authority to create orders.
Thus, if a complaint was not resolved they would have to be referred to NCAT. This was not an ideal process as it extended how long it would take to have a resolution. This also exacerbated the cost of dispute resolution.
For many employees it is unrealistic to go through months, if sometimes years, to resolve a dispute. While the NSW IRC jurisdiction is very new, it should reduce the time to resolve disputes when it is being handled within the same resolution body.
These changes are also unique in which it allows damages of up to $100,000. In other Commissions damages cannot be awarded. For example, with sexual harassment matters in the Fair Work Commission parties will go through a conciliation process.
However, if it is unsuccessful then parties will proceed to court. Technically the parties can ‘opt-in’ for the Fair Work to decide on the matter (including compensation). However, that very rarely occurs. Damages are a form of financial compensation that is linked to the pain and suffering of the employee. It is an additional form of compensation that is not limited to reimbursements.
Work Health and Safety
The changes to the Industrial Relations Act doesn’t only affect the NSW IRC, but across the entire workplace landscape. Legislation has been introduced to eliminate “discrimination, bullying, workplace sexual harassment and gender-based undervaluation of work”.
The NSW IRC will now be able to handle matters regarding unsafe work. Furthermore, the new legislation creates more transparency and responsibility amongst Workplace Health and Safety.
Therefore, the NSWIRC may be beneficial to hear a range of workplace disputes and issues rather than only being able to focus on one area of complaint. Many workplace disputes are not limited to one type of complaint. It has been found that employees who are being sexually harassed can also be discriminated against in other ways. Or employees who complain about unsafe work practices are also bullied, for example.
How to make a complaint
If you are a public servant in NSW you can make a complaint to the NSW IRC. You will be directed to fill out the Form 64A (Application for Sexual Harassment Order). This then can be emailed or posted to the Commission.
Note that applicants of this complaint do not have to serve the complaint to the respondent. The Commission will fulfil this step for the applicant. Additionally, the applicant should typically list the person who committed the sexual harassment and their employer as the respondents.
The Commission is a collaborative environment. The complaint will not be automatically denied if the correct/right amount of information is not included. The Commission may ask for additional information to ensure an efficiency process.
However, a claim can be denied if the sexual harassment occurred over two years ago (24 month). Or if a complaint was made in another jurisdiction for the same conduct/events. Therefore, employees are not allowed to make a complaint to both the NSW IRC and the Anti-Discrimination Board NSW, for example.
Additionally, this new legislation is not an avenue to hear matters that were already decided on or settled. The claims that will be lodged should only be new matters, or matters that were not heard prior.
What to include in my claim
The applicant will be asked to provide a detailed account of the sexual harassment. The more that is included initially will help the applicant in avoiding trying to remember details sometimes months or years after the events took place.
When making a complaint keep in mind the definition of sexual harassment. The applicant must establish that the conduct was unwelcomed, that it was sexual in nature, and that a reasonable person would be offended, humiliated or intimidated by the act.
When making a complaint the following information should generally be included or considered:
- The first and last names of the respondent(s).
- Context of who the applicant is and how they know the respondent(s).
- The date(s) and location(s) of which the sexual harassment took place.
- How the sexual harassment made the victim feel in the moment and long term.
- If the victim had made any complaints about the sexual harassment. Why or why not.
- E.g. I didn’t make a complaint to HR because my boss sexually harassed me and he said he would fire me if I complained.
- Were there any witnesses?
- Lasting effects from the sexual harassment.
- This may include therapy, EAP services, counselling, fear of the gender of the perpetrator, impact on work performance, isolation from friends and family, etc.
- What is the victim seeking as a remedy.
- This can be kept initially broad as specified as the process continues. What the applicant may change as time continues if the respondents are uncooperative or provide alternative solutions.
This is not an exhaustive list, but does provide prompts and questions to answer that will help provide a robust and informative statement. Writing these details as soon as possible will also increase the applicants credibility and confidence to remember details.
Is this necessary?
In regards to sexual harassment, NSW is not a worse state than anywhere else in Australia. Sexual harassment occured in every state and every industry. It’s commendable that the NSW government is trying to protect all of their employees. Particularly when they don’t have access to the Fair Work Commission.
NSW MP found guilty of sexual abuse
In saying that a now former member of the NSW government, NSW MP Gareth Ward, has been under fire this year regarding the sexual abuse of two men. In July 2025, Mr Ward was found guilty by a jury of sexually abusing two men. The men were ages 18 and 24 (between the years 2013 and 2015).
The MP had placed his hands on the young men and touched them inappropriately without their consent. As a result of the guilty verdict, there was a movement to expel the MP from government. Initially Mr Ward did try to prevent his expulsion, however that was dismissed by the court.
Eventually, on 8 August 2025, Mr Ward did resign before a formal vote could take place. Since the conviction the MP has been in jail and is awaiting his sentencing hearing. However, he has made statements that he will fight the verdict.
Sexual abuse falls within the criminal jurisdiction, whereas sexual harassment makes part of the civil jurisdiction. While the jurisdictions are different, both abuse and harassment fall under sexual misconduct. Additionally, both types of sexual misconduct revolve around behaviour that is sexual in nature, done without consent, and likely to upset the victim.
In that sense, it’s clear that the NSW government had the legislation and framework in place to not only manage sexual harassment complaints, but also prevent sexual harassment (and other forms of workplace disputes) in the future.
Toxic police culture
Another example that highlights the need for new legislation is the toxic culture of NSW police. It had been revealed last year that the NSW police were investigating widespread allegations of “bullying, sexism, nepotism and a dangerous lack of mental health support”.
One of the first to speak out was former senior sergeant Ms Mel Cooper. She revealed her experiences of bullying and sexism within her time. She told one story of being handcuffed to her desk while male colleagues ripped her shirt open.
Other officers have come forward and described how they were subject to derogatory comments and other similar behaviour. Furthermore, many felt unsupported in an already stressful job. Which reasonably could lead to the exacerbation of mental health issues.
At the time there was skepticism as to how much a review or investigation would help. Citing that the root of the problem was the culture, rather than individual offenders. However, with the changes to legislation and new NSW IRC powers, more people may be willing to step forward.
The change in legislation should also support public servants to prevent bullying and sexual harassment to begin with. This aligns with overarching federal legislation that ensures employers are implementing proactive steps to minimise harassment in the workplace.
Have you been sexually harassed in NSW?
Overall this inclusion and change by the NSW IRC should welcome those afraid to speak up by providing them with avenues and options. This also highlights how employees are not alone or not the only ones suffering in the workplace. That they shouldn’t feel embarrassed or that they need to hide what is happening.
This change also simplifies an already stressful situation by having the dispute resolution take place entirely within the one location. If you have been bullied or sexually harassed in a NSW public servant workplace then maybe consider this as an option to resolve your dispute today.
We are not lawyers but we are industry experts. We have been helping women, men, and all kinds of victims to help bring their perpetrators to justice. We work in every Australian state and territory. We offer a sexual harassment assistance service to support those facing harassment, bullying, or discrimination. All information that you provide us will stay confidential, and we will always try to help.
See similar articles to: “NSW IRC introduces new progressive changes”
Do victims regret complaining?
`
