EQUAL OPPORTUNITY ACT 1984 - SECT 87
EQUAL OPPORTUNITY ACT 1984 - SECT 87
(1) It is unlawful for
a person to subject to sexual harassment—
(a) a
person with whom he or she works; or
(b) a
person who is seeking to become a fellow worker,
while in attendance at a place that is a workplace of both the persons or in
circumstances where the person was, or ought reasonably to have been, aware
that the other person was a fellow worker or seeking to become a fellow
worker.
(2) It is unlawful for
a person who works for an educational authority to subject a student of the
educational authority, or a person applying to become a student of the
educational authority, to sexual harassment while in attendance at a place in
connection with the student's education or the applicant's prospective
education or in circumstances where the person was, or ought reasonably to
have been, aware that the person was a student, or a person applying to become
a student, of the educational authority.
(3) It is unlawful for
a student of or over 16 years of age, while in attendance at a place in
connection with his or her education, to subject a person who works at the
educational institution at which the student is enrolled or a fellow student
to sexual harassment.
(6) It is unlawful for
a person to subject another to sexual harassment in the course of—
(a)
offering or supplying goods to that other person; or
(b)
offering or performing services to which this Act applies for that other
person; or
(c)
offering or providing accommodation to that other person.
(6aa) It is unlawful
for a person to whom goods, services to which this Act applies or
accommodation are being offered, supplied, performed or provided by another
person to subject that other person to sexual harassment.
(6a) It is unlawful
for a judicial officer to subject to sexual harassment a judicial or
non-judicial officer, or a member of the staff, of a court of which the
judicial officer is a member.
(6b)
Subsection (6a) does not apply in relation to anything said or done by a
judicial officer in court or in chambers in the exercise, or purported
exercise, of judicial powers or functions or in the discharge, or purported
discharge, of judicial duties (but conduct occurring in such circumstances may
be the subject of a complaint under the Judicial Conduct Commissioner
Act 2015 ).
(6c) It is unlawful
for a member of Parliament to subject to sexual harassment—
(a) a
member of his or her staff; or
(ab)
another member of Parliament; or
(b) a
member of the staff of another member of Parliament; or
(c) an
officer or member of the staff of the Parliament; or
(d) any
other person who in the course of employment performs duties at Parliament
House.
(6d)
Subsection (6c) does not apply in relation to anything said or done by a
member of Parliament in the course of parliamentary proceedings.
(6e) It is unlawful
for a member of a council to subject to sexual harassment—
(a) an
officer or employee of the council; or
(b)
another member of the council.
(6f) It is unlawful
for a member of an authority or body empowered to confer an authorisation or
qualification that is needed for, or facilitates, the practice of a
profession, or the carrying on or engaging in of a trade or occupation to
subject an applicant for the conferral of such an authorisation or
qualification to sexual harassment.
(6g) It is unlawful
for a member of the governing body of an association to subject a member of
the association, or a person applying to become a member of the association,
to sexual harassment.
(7) If an employee
reports to his or her employer specific circumstances in which the employee
was subjected, in the course of his or her employment, to sexual harassment by
a person other than a fellow worker, and it is reasonable in all the
circumstances to expect that further sexual harassment of the employee by the
same person is likely to occur, it is unlawful for the employer to fail to
take reasonable steps to prevent the further sexual harassment.
(8) It is unlawful for
an educational authority administering a secondary education institution to
fail to have a written policy against sexual harassment by students that
incorporates procedures for resolving complaints and is made readily available
to students.
(9) For the purposes
of this section—
(a) a
person "sexually harasses" another (the "person harassed ) if—
(i)
the person makes an unwelcome sexual advance, or an
unwelcome request for sexual favours, to the person harassed; or
(ii)
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 that the person harassed would be
offended, humiliated or intimidated; and
(b)
"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; and
(c) a
person "works with another" if both carry out duties or perform functions, in
whatever capacity and whether for payment or not, in or in relation to the
same business or organisation; and
(d) a
person "works for" an authority if he or she carries out duties or performs
functions, in whatever capacity and whether for payment or not, in or in
relation to that authority; and
(e)
"workplace" means a place (including a ship, aircraft or vehicle) at which a
person works or attends in connection with the person's work.