Document ID: chunk:federal_register_of_legislation:C2017A00117:clause:2_23a
Version: federal_register_of_legislation:C2017A00117
Segment Type: clause
Provision Reference: sch 2 cl 23A
Character Range: 33965–35696

23A  Harassment
 (1) A person must not, for a prohibited reason, or for reasons that include a prohibited reason, harass another person if the other person is:
 (a) a protected worker of the person; or
 (b) a partner in a partnership in which the person is also a partner; or
 (c) a protected co‑worker of the person.
 (2) Conduct mentioned in subsection (1) is for a prohibited reason if it is engaged in because the other person:
 (a) may volunteer to render defence service; or
 (b) is rendering defence service; or
 (c) is, or may become, liable to render defence service; or
 (d) has previously rendered defence service.
 (3) Harass includes abuse or bully.
 (4) Each of the following is a protected worker of a person:
 (a) an employee of the person;
 (b) a commission agent or contractor of the person;
 (c) a person who is seeking to become an employee, partner, commission agent or contractor of the person;
 (d) an officer or employee of:
 (i) a commission agent or contractor of the person; or
 (ii) a person who is seeking to become a commission agent or contractor of the person.
 (5) A person is a protected co‑worker of another person if:
 (a) the first person is an employee, commission agent or contractor of a third person; and
 (b) the other person is an employee, commission agent or contractor of:
 (i) the third person; or
 (ii) a different person, if the first person and the other person work together in performing the duties of their respective employments, commission agencies or contracts.

Penalties
 (6) A person who contravenes subsection (1) commits an offence.
Penalty: 30 penalty units.
 (7) A person who contravenes subsection (1) is liable to a civil penalty.
Civil penalty: 100 penalty units.