New South Wales Consolidated Acts

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ANTI-DISCRIMINATION ACT 1977 - SECT 22B

Harassment of employees, commission agents, contract workers, partners etc

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.



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