23AHarassment

23A Harassment

(1) A person must not, for a prohibited reason, or for reasons that include a prohibited reason, harass another person if the other person is: (a) a protected worker of the person; or (b) a partner in a partnership in which the person is also a partner; or (c) a protected co‑worker of the person. (2) Conduct mentioned in subsection (1) is for a prohibited reason if it is engaged in because the other person: (a) may volunteer to render defence service; or (b) is rendering defence service; or (c) is, or may become, liable to render defence service; or (d) has previously rendered defence service. (3) Harass includes abuse or bully. (4) Each of the following is a protected worker of a person: (a) an employee of the person; (b) a commission agent or contractor of the person; (c) a person who is seeking to become an employee, partner, commission agent or contractor of the person; (d) an officer or employee of: (i) a commission agent or contractor of the person; or (ii) a person who is seeking to become a commission agent or contractor of the person. (5) A person is a protected co‑worker of another person if: (a) the first person is an employee, commission agent or contractor of a third person; and (b) the other person is an employee, commission agent or contractor of: (i) the third person; or (ii) a different person, if the first person and the other person work together in performing the duties of their respective employments, commission agencies or contracts. Penalties (6) A person who contravenes subsection (1) commits an offence.

Penalty: 30 penalty units.

(7) A person who contravenes subsection (1) is liable to a civil penalty.

Civil penalty: 100 penalty units.