If you are a former or current female employee of ADF and believe you may have a claim click 'Register' now and follow the prompts.

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ADF Sex Discrimination Class Action

Overview

On [DATE] a class action proceeding was commenced in the Federal Court of Australia against the Commonwealth Government on behalf of Current and Ex-serving Members, who have experienced gender based sexual assault, harassment and/or discrimination whilst serving in the Australian Defence Force (‘ADF’). The proceeding alleges the ADF is vicariously liable due to the systematic failure to protect their female employees from sexual harassment during their employment between 12 November 2003 and [DATE] 

Our class action will address these long-standing issues and seek compensation owed to thousands of Australian women.

Background

Each year the number of women in the ADF has been increasing, with female participation almost doubling since the enactment of the Sex Discrimination Act 1984 (Cth). 

For the past thirty years there have been several reports and inquiries undertaken into the systematic sexual harassment within the ADF. These reports have provided several recommendations to be implemented by the ADF to improve the culture but as the reports every few years indicate, sexual discrimination and harassment remains a prevalent issue within the ADF. The ADF has a history of committing to undertaking cultural reform but never achieving meaningful change. 

Most recently in 2024, the Chapter Three of the Royal Commission into Defence and Veteran Suicide’s Final Report acknowledged that ‘in the ADF majority of sexual violence is perpetrated by men and the majority of victims are women.’

Next Steps

In Order to register we will need your contact details and some brief details about your period of service with the ADF.

Register your interest

If you are a current or former female employee of ADF and believe you have experienced sex discrimination, sexual assault and/or sexual harassment by another ADF employee during the course of your employment please register with us to participate now.

Frequently Asked Questions

A class action is a group proceeding comprised of seven or more people who have been wronged by an individual or corporation or government. These claims generally arise out of similar circumstances that allow the group an opportunity to be heard based on common issues of law or fact. These proceedings are often commenced by one lead litigant on behalf of the group.

The class action has been filed in the Federal Court of Australia New South Wales Registry against the ADF, on behalf of all Current and Ex-Serving Members, who experienced sexual assault and/or harassment in connection with their employment at any time after 12 November 2003 till [DATE] 

If you believe you have been affected by these issues, then you may be entitled to compensation and should register your details above.

Yes. We encourage Ex-Serving Members who believe they have been affected by these issues to register their interest with us. All of information will remain confidential and will not be shared publicly at any stage of the class action.

The definition of discrimination on the grounds of a person's sex is contained within the Sex Discrimination Act 1984 (Cth). 

The following examples may include:

  • Being assigned tasks because they are 'traditionally' labelled as women's work. 

  • Purposefully not hiring a woman in fear of disrupting or upsetting a male dominated industry or role. 

  • Supervisors or Servicemen of a higher rank holding a personal preference for working with either men or women.

The definition of sexual harassment is contained within the Sex Discrimination Act 1984 (Cth). However, the following examples may be considered in the class action:

  • Unwelcome sexual advances

  • Unwanted repeated requests for dates

  • Unwelcome requests for sex or sexual favours

  • Unwelcome entry into a person’s accommodation, either with or without a person present

  • Stalking

  • Suggestive or explicit sexual jokes

  • Unwanted attention of a sexual nature such as staring or leering

  • Inappropriate sexual comments

  • Intrusive discussions about yours or another person’s private life 

  • Sexually explicit materials such as posters, magazines or screen savers displayed, shown or sent to you

  • Taking inappropriate or sexually suggestive photos or videos of you without your consent

  • Unnecessary familiarity, such as unwelcome touching of another person’s body or clothes

  • Unwelcome massages

  • Unwanted hugging, patting, touching or rubbing/pressing oneself sexually against another person

  • Pressuring, manipulating or scaring someone into performing a sexual act

  • Attempted sexual assault, abuse or rape

  • Sexual assault, abuse or rape

If you are still unsure or believe you have experienced sexual harassment that is not listed, please still register your details with us above. A member of our team will contact you over the phone, at a time convenient for you to discuss the details of your potential claim, as soon as possible.

The class action is being funded by Omni Bridgeway on a “no win, no pay” basis in accordance with the terms of a funding agreement or terms imposed by the Court. If the class action is successfully resolved and there is a recovery of compensation, Omni Bridgeway will be entitled to reimbursement of the costs of the class action that it has funded plus a commission from the judgment or settlement amount, pursuant to the terms of the funding agreement.

There are no costs involved for group members who wish to take part in the class action. Group members do not have to pay anything in the event that the class action is unsuccessful, as Omni Bridgeway agrees to pay any legal costs that might be awarded to the ADF.

No. Group members do not have to pay anything in the event that the class action is unsuccessful, as Omni Bridgeway agrees to pay any legal costs that might be awarded to the ADF or any other respondents.

Unfortunately, we are unable to provide a timeframe of how long the class action will take to resolve. Our objective will always be to act in the best interests of the group to ensure any resolution reached would be fair for all.

JGA Saddler

Lawyers

Omni Bridgeway

Litigation Funder