Can I report a government worker for making sexual comments during my Centrelink appointment?

The situation

I am writing from Melbourne, Victoria, because I am feeling quite distressed about something that happened recently. On Tuesday, the 14th of May, I attended a scheduled appointment at a local Commonwealth government office to discuss my updated benefits and labour market participation programme. During the meeting, which lasted about forty-five minutes, the officer in charge made several highly inappropriate and suggestive comments about my physical appearance and asked me personal questions about my private life that had nothing to do with my claim. When I tried to steer the conversation back to my paperwork and my financial situation, he continued to make jokes that felt very much like sexual harassment. I felt extremely uncomfortable and left the office immediately after the session ended. I have already tried lodging a formal complaint through the general feedback form on the agency's website, but I haven't received a response after five working days, and I am worried my concerns are being ignored. I am unsure if I have any specific rights to take this further since this person was acting as a representative of a federal government program. Is it illegal for a government employee to behave this way while they are performing their official duties?

Detailed Analysis

Based on the details of your appointment on 14 May, the behavior you described may be unlawful. Because Centrelink is a Commonwealth agency, specific protections apply to your interaction with the officer.

Under the Sex Discrimination Act 1984, it is unlawful for a person to engage in sexual harassment while performing official duties. Specifically, the law states it is unlawful for a person "in the course of performing any function, or exercising any power, under a Commonwealth law or for the purposes of a Commonwealth program... to sexually harass... another person"^[1]. Sexual harassment refers to unwelcome conduct of a sexual nature that makes a person feel offended, humiliated, or intimidated. Since the officer was acting as a representative of a federal program during your 45-minute meeting, this section directly applies to his conduct^[1].

Furthermore, the law prohibits harassment while providing services. It is unlawful for a person to sexually harass "another person in the course of providing, or offering to provide, goods, services or facilities to that other person"^[2]. Your appointment to discuss benefits and labour market participation constitutes receiving a government service^[2].

It is currently uncertain whether the agency's failure to respond to your feedback form within five working days constitutes a separate legal breach, as the provided statutes focus on the act of harassment itself rather than administrative response times. Additionally, while the Fair Work Act 2009 allows for certain disputes to be handled by the Fair Work Commission, that specific section primarily applies to situations where the aggrieved person is a worker in a business or undertaking, which does not appear to be your status in this interaction.

State, provincial, or local laws in Victoria may provide additional avenues for complaints regarding government conduct.

Statutory Citations

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