17Prohibition of certain conduct and sexual harassment

17 Prohibition of certain conduct and sexual harassment

(1)  [Section 17 Subsection (1) amended by No. 42 of 2013, s. 9, Applied:01 Jan 2014] [Section 17 Subsection (1) amended by No. 45 of 2003, Sched. 1, Applied:01 Jan 2004] A person must not engage in any conduct which offends, humiliates, intimidates, insults or ridicules another person on the basis of an attribute referred to in section 16(e) , (a), (b), (c), (d), (ea), (eb) and (k), (f) , (fa) , (g) , (h) , (i) or (j) in circumstances in which a reasonable person, having regard to all the circumstances, would have anticipated that the other person would be offended, humiliated, intimidated, insulted or ridiculed.

(2)  A person must not sexually harass another person.

(3)  Sexual harassment takes place if a person –

(a) subjects another person to an unsolicited act of physical contact of a sexual nature; or

(b) makes an unwelcome sexual advance or an unwelcome request for sexual favours to another person; or

(c) makes an unwelcome remark or statement with sexual connotations to another person or about another person in that person's presence; or

(d) makes any unwelcome gesture, action or comment of a sexual nature; or

(e) engages in conduct of a sexual nature in relation to another person that is offensive to that person –

in circumstances in which a reasonable person, having regard to all the circumstances, would have anticipated that the other person would be offended, humiliated, intimidated, insulted or ridiculed.