Document ID: chunk:federal_register_of_legislation:C2004A04470:body:0:p15
Version: federal_register_of_legislation:C2004A04470
Segment Type: other
Provision Reference: 
Character Range: 36757–39591

does not include a person who has withdrawn under section 70A;

'Commonwealth agency' means an agency within the meaning of the Privacy Act 1988;

'principal executive', in relation to a Commonwealth agency, has the same meaning as in Part V of the Privacy Act 1988;

'representative complaint' means a complaint where the persons on whose behalf the complaint was made include persons other than the complainant, but does not include a complaint that the Commission has determined should no longer be continued as a representative complaint;".

Subsection 9(1):

  Insert:

" 'prescribed provisions of Division 3 of Part II' means the provisions of Division 3 of Part II other than sections 28D and 28L;"

Subsection 9(5):

  Omit "28", substitute "28B".

Subsection 9(6):

  Omit "Section 18", substitute "Sections 18 and 28C".

Subsections 9(8), (9), (10), (12), (14), (16), (18) and (20):

Omit "provisions of Division 3", substitute "prescribed provisions of Division 3".

Division 3 of Part II:

  Repeal the Division, substitute:

"Division 3—Sexual Harassment

Meaning of "sexual harassment"

"28A.(1) For the purposes of this Division, a person sexually harasses another person (the 'person harassed') if:

  (a) the person makes an unwelcome sexual advance, or an
SCHEDULE—continued

     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 that the person harassed would be offended, humiliated or intimidated.

  "(2) In this section:

'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.

Employment, partnerships etc.

  "28B.(1) It is unlawful for a person to sexually harass:

  (a)     an employee of the person; or

  (b)     a person who is seeking to become an employee of the person.

"(2) It is unlawful for an employee to sexually harass a fellow employee or a person who is seeking employment with the same employer.

  "(3) It is unlawful for a person to sexually harass:

  (a)     a commission agent or contract worker of the person; or

    (b)     a person who is seeking to become a commission agent or contract worker of the person.

"(4) It is unlawful for a commission agent or contract worker to sexually harass a fellow commission agent or fellow contract worker.

"(5) It is unlawful for a partner in a partnership to sexually harass another partner, or a person who is seeking to become a partner, in the same partnership.

"(6) It is unlawful for a workplace participant to sexually harass another workplace participant at a place that is a workplace of