Northern Territory Consolidated Acts

ANTI-DISCRIMINATION ACT - SECT 22

22. Prohibition of sexual harassment

(1) A person shall not, in an area of activity referred to in Part 4, sexually harass another person.

(2) Sexual harassment takes place if a person -

(a) subjects another person to an unwelcome act of physical intimacy;

(b) makes an unwelcome demand or request (whether directly or by implication) for sexual favours from the other person;

(c) makes an unwelcome remark with sexual connotations; or

(d) engages in any other unwelcome conduct of a sexual nature,

and -

(e) that person does so -

(i) with the intention of offending, humiliating or intimidating the other person; or

(ii) in circumstances where a reasonable person would have anticipated the possibility that the other person would be offended, humiliated or intimidated by the conduct; or

(f) that other person is, or reasonably believes that he or she is likely to be, subjected to some detriment if he or she objects to the act, demand, request, remark or conduct.

(3) For the purposes of subsection (2)(e)(ii), circumstances that are relevant in determining whether a reasonable person would have anticipated the possibility that the other person would be offended, humiliated or intimidated by the conduct include -

(a) the sex, age or race of the other person;

(b) any impairment that the other person has;

(c) the relationship between the other person and the person engaging in the conduct; and

(d) any other circumstance of the other person.