527DProhibiting sexual harassment in connection with work

527D Prohibiting sexual harassment in connection with work

Prohibition

(1) A person (the first person) must not sexually harass another person (the second person) who is:

(a) a worker in a business or undertaking; or

(b) seeking to become a worker in a particular business or undertaking; or

(c) a person conducting a business or undertaking;

if the harassment occurs in connection with the second person being a person of the kind mentioned in paragraph (a), (b) or (c).

Note: This section is a civil remedy provision (see Part 4‑1).

Meaning of worker

(2) For the purposes of this Part, worker has the same meaning as in the Work Health and Safety Act 2011.

Note: Broadly, for the purposes of the Work Health and Safety Act 2011, a worker is an individual who performs work in any capacity, including as an employee, a contractor, a subcontractor, an outworker, an apprentice, a trainee, a student gaining work experience or a volunteer.

When a person is a worker in a business or undertaking

(3) For the purposes of this Act, if a person (the first person) is a worker because the first person carries out work for a person conducting a business or undertaking, the first person is a worker in the business or undertaking.

Other expressions

(4) Subject to subsections (2) and (3), an expression used in this section that is defined for the purposes of the Work Health and Safety Act 2011 has the same meaning in this section as it has in that Act.