The Federal Court has well reported long waitlists, with more than a handful of cases going for years. A more efficient approach is to go through the more nimble NCAT.

But, and there’s a big but, in NSW there is a cap on the compensation available.

Unlike federal legislation, NSW laws have a maximum redress to victims of sexual harassment of $100,000.

That is a lot of money, but putting a cap on it is entirely arbitrary. Maximum compensation on sexual harassment matters come from when the legislation was designed, in the late 1970s. At that time the tribunals which heard sexual harassment cases were pegged to the same compensation available at the District Court, which could only hear cases up to $100,000.

But the District Court in 2018 deals with claims of up to $750,000.

Most cases don't get reported on, but the trend at the Federal Court is to provide compensation of more than $100,000. The publicly available cases show complex emotional, psychological and physical impact on victims.

Everyone knows that sexual harassment is almost never reported in the first instance. Having to decide upfront on how much compensation you seek is something we should be able to avoid. Most people go through the justice process wanting to be heard, not with an outcome in mind.

As one lawyer said to me when I was researching this area, “if I had a choice between sending a client to the Federal Court or NCAT, I’d choose NCAT every time”. This was because of the delays and processes at the Federal Court, and that NCAT was partly designed to offer pathways for people without access to lawyers.

You might get lawyers to prepare your case, but you can put it forward yourself.

Only 8 per cent of Australians qualify for legal aid, and paying hundreds of dollars an hour for a lawyer is something few of us can afford. This makes the NCAT pathway more attractive.

Other states, like Victoria and Queensland, do not have caps on sexual harassment. They do not have higher rates of claims than would be expected.

What they do is offer another pathway for victims seeking justice.

After the distress of sexual harassment, victims deserve a choice in how they seek recourse.

While business and political leaders wax lyrically about cultural change, they know that it does not happen in vacuum.

It requires signals and development along the way. Since #MeToo came to our attention, governments have done little on sexual harassment.

To set a strong tone on sexual harassment to inform workplace and community cultures, legislation must be modernised.

Otherwise we are at risk of #MeToo resulting in #NotMuch.

Conrad Liveris is a corporate adviser on workplaces and risk. His report Sexual harassment: the limits of legislation is released on Tuesday.