Australian Defence Force Sex Discrimination Class Action
Omni Bridgeway is funding a class action against the Commonwealth Government on behalf of current and former serving female Australian Defence Force (‘ADF’) Members, who have experienced gender based sexual assault, harassment and/or discrimination whilst serving in ADF. JGA Saddler Lawyers are the lawyers on the record for the Class Action.
The proceeding alleges the ADF failed to protect their female members from sexual harassment and are vicariously liable for their inability to deter sex discrimination, assault and harassment by other ADF members during their period of service.
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, sex 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 the majority of sexual violence is perpetrated by men and the majority of victims are women.'
Am I eligible to join this Class Action?
If you are/were a female serving member of the ADF between 13 November 2003 and 25 May 2025 and you have experienced sex discrimination, sexual assault and/or sexual harassment by another ADF member during the course of your service please register with us to participate now.
What is considered discrimination, sexual assault or sexual harassment in this class action?
The definition of sexual harassment is contained within sections 28A, 28AA and/or 28B of the Sex Discrimination Act 1984 (Cth). The following conduct will be considered in the class action:
Inappropriate verbal or non-verbal sexual communication, including:
- unwelcome sexual advances;
- unwelcome request for sexual favours;
- unwelcome entry into your accommodation, either with or without you present;
- stalking;
- sexual jokes;
- unwanted attention of a sexual nature such as staring or leering;
- inappropriate sexual comments;
- inappropriate discussions about yours or another person’s sex life;
- having sexually explicit materials displayed, showed or sent to you;
- taking and/or posting inappropriate or sexually suggestive photos or videos of you without your consent; or
- pressure from the same person for dates or sexual relationships.
Physical contact or sexual relations, including:
- touching your clothes, hair or body;
- unwelcome massage;
- unwelcome hugging, kissing, patting, touching or rubbing/pressing oneself sexually against you;
- pressuring, manipulating or scaring you into performing a sexual act;
- attempted sexual assault, abuse or rape; or
- sexual assault, abuse or rape.
If you are still unsure or believe you have experienced non-physical or physical harassment not listed, you can still register your details with us below. A member of the team will contact you at a time convenient for you to discuss the details of your potential claim, as soon as possible.
How much will it cost to be a part of the Class Action?
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 it has spent plus a commission from such recovery only.
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 ADF or any other respondents.
Will there be any cost to me if the Class Action is unsuccessful?
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 ADF or any other respondents.
How do I register my interest?
You can register your interest to receive information and be updated on key developments as the class action progresses. Registration is free and without obligation. Merely registering your interest via this website does not bind you to any contract or commitment.
If you have any queries, you can contact the Omni Bridgeway Client Liaison Team by email on
[email protected] or free call
1800 016 464.