NSWIn ForceAct
Anti-Discrimination Act 1977
22BHarassment of employees, commission agents, contract workers, partners etc
Start here
Get a plain-English read of 22B
Turn the raw legal text into a practical explanation grounded in Anti-Discrimination Act 1977.
#### 22B Harassment of employees, commission agents, contract workers, partners etc
22B Harassment of employees, commission agents, contract workers, partners etc
> > (1) It is unlawful for an employer to sexually harass—
> >
> > > (a) an employee, or
> >
> > > (b) a person who is seeking employment with the employer.
>
> > (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 both those persons.
>
> > (7) It is unlawful for a member of either House of Parliament to sexually harass—
> >
> > > (a) a workplace participant at a place that is a workplace of both the member and the workplace participant, or
> >
> > > (b) another member of Parliament at a place that is a workplace of both members.
>
> > (8) It is unlawful for a workplace participant to sexually harass a member of either House of Parliament at a place that is the workplace of both the member and the workplace participant.
>
> > (9) In this section—
> >
> > place includes a ship, aircraft or vehicle.
> >
> > workplace means a place at which a workplace participant works or otherwise attends in connection with being a workplace participant.
> >
> > workplace participant means any of the following—
> >
> > > (a) an employer or employee,
> >
> > > (b) a commission agent or contract worker,
> >
> > > (c) a partner in a partnership,
> >
> > > (d) a person who is self-employed,
> >
> > > (e) a volunteer or unpaid trainee.
>
> > (10) Without limiting the definition of workplace, the workplace of a member of either House of Parliament is taken to include the following—
> >
> > > (a) the whole of Parliament House,
> >
> > > (b) any ministerial office or electoral office of the member,
> >
> > > (c) any other place that the member otherwise attends in connection with his or her Ministerial, parliamentary or electoral duties.
>
> **pt 2A (ss 22A–22J):** Ins 1997 No 9, Sch 1 \[10\].