Document ID: chunk:federal_register_of_legislation:C2024C00630:section:28m
Version: federal_register_of_legislation:C2024C00630
Segment Type: section
Provision Reference: s 28M
Character Range: 81060–82659

28M  Hostile workplace environments
 (1) It is unlawful for a person to subject another person to a workplace environment that is hostile on the ground of sex.
 (2) A person (the first person) subjects another person (the second person) to a workplace environment that is hostile on the ground of sex if:
 (a) the first person engages in conduct in a workplace where the first person or the second person, or both, work; and
 (b) the second person is in the workplace at the same time as or after the conduct occurs; and
 (c) a reasonable person, having regard to all the circumstances, would have anticipated the possibility of the conduct resulting in the workplace environment being offensive, intimidating or humiliating to a person of the sex of the second person by reason of:
 (i) the sex of the person; or
 (ii) a characteristic that appertains generally to persons of the sex of the person; or
 (iii) a characteristic that is generally imputed to persons of the sex of the person.
Note: See also section 8A in relation to workplace environments that are offensive, intimidating or humiliating for 2 or more reasons.
 (3) For the purposes of subsection (2), the circumstances to be taken into account include, but are not limited to, the following:
 (a) the seriousness of the conduct;
 (b) whether the conduct was continuous or repetitive;
 (c) the role, influence or authority of the person engaging in the conduct;
 (d) any other relevant circumstance.
 (4) In this section:
conduct includes making a statement, whether the statement is made orally or in writing.

Division 4—Exemptions