Commonwealth Consolidated Acts

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SEX DISCRIMINATION ACT 1984 - SECT 28A

Meaning of sexual harassment

             (1)  For the purposes of this Division, a person sexually harasses another person (the person harassed ) if:

                     (a)  the person makes an unwelcome sexual advance, or an unwelcome request for sexual favours, to the person harassed; or

                     (b)  engages in other unwelcome conduct of a sexual nature in relation to the person harassed;

in circumstances in which a reasonable person, having regard to all the circumstances, would have anticipated the possibility that the person harassed would be offended, humiliated or intimidated.

          (1A)  For the purposes of subsection (1), the circumstances to be taken into account include, but are not limited to, the following:

                     (a)  the sex, age, sexual orientation, gender identity, intersex status, marital or relationship status, religious belief, race, colour, or national or ethnic origin, of the person harassed;

                     (b)  the relationship between the person harassed and the person who made the advance or request or who engaged in the conduct;

                     (c)  any disability of the person harassed;

                     (d)  any other relevant circumstance.

             (2)  In this section:

"conduct of a sexual nature " includes making a statement of a sexual nature to a person, or in the presence of a person, whether the statement is made orally or in writing.



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