Victorian Consolidated Legislation

Equal Opportunity Act 1995 - SECT 85

PART 5 PROHIBITION OF SEXUAL HARASSMENT

What is sexual harassment?

85. What is sexual harassment?



(1) For the purpose of this Act, a person sexually harasses another person if
he or she-

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

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

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

(2) In subsection (1) conduct of a sexual nature includes-

   (a)  subjecting a person to any act of physical intimacy;

   (b)  making, orally or in writing, any remark or statement with sexual
        connotations to a person or about a person in his or her presence;

   (c)  making any gesture, action or comment of a sexual nature in a person's
        presence.