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ANTI-DISCRIMINATION ACT 1991 - SECT 119 Meaning of sexual harassment

ANTI-DISCRIMINATION ACT 1991 - SECT 119

Meaning of sexual harassment

119 Meaning of sexual harassment


"Sexual harassment" happens if a person—

(a) subjects another person to an unsolicited act of physical intimacy; or
(b) makes an unsolicited demand or request (whether directly or by implication) for sexual favours from the other person; or
(c) makes a remark with sexual connotations relating to the other person; or
(d) engages in any other unwelcome conduct of a sexual nature in relation to the other person;
and the person engaging in the conduct described in paragraphs (a) , (b) , (c) or (d) does so—
(e) with the intention of offending, humiliating or intimidating the other person; or
(f) in circumstances where a reasonable person would have anticipated the possibility that the other person would be offended, humiliated or intimidated by the conduct.
Examples for paragraph (a)—
• physical contact such as patting, pinching or touching in a sexual way
• unnecessary familiarity such as deliberately brushing against a person
Example for paragraph (b)—
sexual propositions
Examples for paragraph (c)—
• unwelcome and uncalled for remarks or insinuations about a person’s sex or private life
• suggestive comments about a person’s appearance or body
Examples for paragraph (d)—
• offensive telephone calls
• indecent exposure