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Contents (1977 - 48)
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Anti-Discrimination Act 1977 No 48
Current version for 8 December 2016 to date (accessed 23 September 2017 at 01:18)
Part 2A
Part 2A Prohibition of sexual harassment
22A   Meaning of “sexual harassment”
For the purposes of this Part, a person sexually harasses another person if:
(a)  the person makes an unwelcome sexual advance, or an unwelcome request for sexual favours, to the other person, or
(b)  the person engages in other unwelcome conduct of a sexual nature in relation to the other person,
in circumstances in which a reasonable person, having regard to all the circumstances, would have anticipated that the other person would be offended, humiliated or intimidated.
22B   Harassment of employees, commission agents, contract workers, partners etc
(1)  It is unlawful for an employer to sexually harass:
(a)  an employee, or
(b)  a person who is seeking employment with the employer.
(2)  It is unlawful for an employee to sexually harass a fellow employee or a person who is seeking employment with the same employer.
(3)  It is unlawful for a person to sexually harass:
(a)  a commission agent or contract worker of the person, or
(b)  a person who is seeking to become a commission agent or contract worker of the person.
(4)  It is unlawful for a commission agent or contract worker to sexually harass a fellow commission agent or fellow contract worker.
(5)  It is unlawful for a partner in a partnership to sexually harass another partner, or a person who is seeking to become a partner, in the same partnership.
(6)  It is unlawful for a workplace participant to sexually harass another workplace participant at a place that is a workplace of both those persons.
(7)  It is unlawful for a member of either House of Parliament to sexually harass:
(a)  a workplace participant at a place that is a workplace of both the member and the workplace participant, or
(b)  another member of Parliament at a place that is a workplace of both members.
(8)  It is unlawful for a workplace participant to sexually harass a member of either House of Parliament at a place that is the workplace of both the member and the workplace participant.
(9)  In this section:
place includes a ship, aircraft or vehicle.
workplace means a place at which a workplace participant works or otherwise attends in connection with being a workplace participant.
workplace participant means any of the following:
(a)  an employer or employee,
(b)  a commission agent or contract worker,
(c)  a partner in a partnership,
(d)  a person who is self-employed,
(e)  a volunteer or unpaid trainee.
(10)  Without limiting the definition of workplace, the workplace of a member of either House of Parliament is taken to include the following:
(a)  the whole of Parliament House,
(b)  any ministerial office or electoral office of the member,
(c)  any other place that the member otherwise attends in connection with his or her Ministerial, parliamentary or electoral duties.
22C   Harassment by members of qualifying bodies
(1)  It is unlawful for a member or an employee of an authority or body which is empowered to confer, renew or extend an authorisation or a qualification that is needed for or facilitates the practice of a profession, the carrying on of a trade or the engaging in of an occupation to sexually harass a person seeking action in connection with an occupational qualification.
(2)  In this section:
action in connection with an occupational qualification means conferring, renewing, extending, revoking or withdrawing an authorisation or qualification.
22D   Harassment in employment agencies
It is unlawful for:
(a)  a person who operates an employment agency, or
(b)  an employee of an employment agency,
to sexually harass another person in the course of providing, or offering to provide, any of the agency’s services to that other person.
22E   Harassment at educational institutions
(1)  It is unlawful for a member of the staff of an educational institution to sexually harass:
(a)  a person who is a student at the institution, or
(b)  a person who is seeking to become a student at the institution.
(2)  It is unlawful for a person who is an adult student at an educational institution to sexually harass:
(a)  a person who is a student at the institution, or
(b)  a member of the staff of the institution.
(3)  If a complaint under subsection (2) is found to have been substantiated after an inquiry under Part 9, the Tribunal may make any order that it is empowered to make under section 113 (1) (b). However, if the respondent student was over the age of 16, but under the age of 18, when the unlawful conduct occurred, the Tribunal may not make an order requiring the student to pay damages under section 113 (1) (b) (i).
(4)  In this section:
adult student means a student who has attained the age of 16 years.
educational institution means a school, college, university or other institution at which education or training is provided.
22F   Provision of goods and services
It is unlawful for a person to sexually harass another person in the course of:
(a)  receiving, or seeking to receive, goods or services from that other person, or
(b)  providing, or offering to provide, goods or services to that other person.
22G   Provision of accommodation
(1)  It is unlawful for a person to sexually harass another person in the course of providing, or offering to provide, (whether as principal or agent) accommodation to that other person.
(2)  This section does not apply to anything done by a person in the course of providing, or offering to provide, accommodation in a private household.
22H   Land
It is unlawful for a person to sexually harass another person in the course of dealing (whether as principal or agent) with that other person in connection with:
(a)  disposing of, or offering to dispose of, an estate or interest in land to the other person, or
(b)  acquiring, or offering to acquire, an estate or interest in land from the other person.
22I   Sport
(1)  It is unlawful for a person engaged in a sporting activity to sexually harass another person engaged in a sporting activity.
(2)  For the purposes of this section, a person is engaged in a sporting activity if:
(a)  the person is involved in an organised sporting competition,
(b)  the person is coaching a person or team, or is being coached, for the purposes of an organised sporting competition,
(c)  the person is carrying out an activity relating to the administration of a sport or an organised sporting competition,
(d)  the person is officiating at an organised sporting competition or carrying out related duties or functions,
(e)  the person is officially involved in a function relating to a sport or an organised sporting competition.
22J   State laws and programs
(1)  It is unlawful for a person to sexually harass another person:
(a)  in the course of performing any function under a State law or for the purposes of a State program, or
(b)  in the course of carrying out any other responsibility for the administration of a State law or the conduct of a State program.
(2)  In this section:
State law means:
(a)  an Act, a statutory rule, or a determination made under or pursuant to an Act, or
(b)  an order or award made under or pursuant to such a law.
State program means a program conducted by or on behalf of the State Government.