Document ID: chunk:federal_register_of_legislation:F2021L00998:reg:6
Version: federal_register_of_legislation:F2021L00998
Segment Type: reg
Provision Reference: reg 6
Character Range: 10330–12295

6          Sexual harassment and other forms of harassment

(1)    For this instrument, a person sexually harasses another person (the person harassed) if the person:

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

(b)    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 the possibility that the person harassed would be offended, humiliated or intimidated.
            [Note: This definition mirrors the definition of sexual harassment in the Sex Discrimination Act 1984 (Cwlth), section 28A(1).]

(2)    For this instrument, a person subjects another person (also the person harassed) to another form of harassment if the person engages in conduct that:

(a)    is offensive, humiliating or intimidating to the person harassed, but is not sexual harassment; and

(b)    is engaged in by the person in circumstances in which a reasonable person, having regard to all the circumstances, would have anticipated the possibility that the person harassed would be offended, humiliated or intimidated.

(3)    For subsections (1) and (2), the circumstances to be taken into account include, but are not limited to, the following:

(a)    the sex, age, sexual orientation, gender identity, intersex status, marital or relationship status, religious belief, race, colour, or national or ethnic origin, of the person harassed;

(b)    the relationship between the person harassed and the person who made the advance or request or who engaged in the conduct;

(c)    any disability of the person harassed;

(d)    any other relevant circumstance.

(4)    In this section:
conduct of a sexual nature includes making a statement of a sexual nature to, or in the presence of, a person, whether the statement is made orally or in writing.

Part 2—Misconduct