Document ID: chunk:federal_register_of_legislation:C2024C00630:section:28aa
Version: federal_register_of_legislation:C2024C00630
Segment Type: section
Provision Reference: s 28AA
Character Range: 72393–74046

28AA  Meaning of harassment on the ground of sex
 (1) For the purposes of this Act, a person harasses another person (the person harassed) on the ground of sex if:
 (a) by reason of:
 (i) the sex of the person harassed; or
 (ii) a characteristic that appertains generally to persons of the sex of the person harassed; or
 (iii) a characteristic that is generally imputed to persons of the sex of the person harassed;
  the person engages in unwelcome conduct of a demeaning nature in relation to the person harassed; and
 (b) the person does so 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: See also section 8 (acts done for 2 or more reasons).
 (2) For the purposes of subsection (1), 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 engaged in the conduct;
 (c) any disability of the person harassed;
 (d) any power imbalance in the relationship between the person harassed and the person who engaged in the conduct;
 (e) the seriousness of the conduct;
 (f) whether the conduct has been repeated;
 (g) any other relevant circumstance.
 (3) In this section:
conduct includes making a statement to a person, or in the presence of a person, whether the statement is made orally or in writing.