144LDefinition of sexual harassment

144L Definition of sexual harassment

144L Definition of sexual harassment

(1) In this part, sexual harassment has the same meaning as in the Anti-Discrimination Act 1977, section 22A.

Note—

The meaning in theAnti-Discrimination Act 1977, section 22A is as follows—

A person sexually harasses another person if—

(a) the person makes an unwelcome sexual advance, or an unwelcome request for sexual favours, to the other person, or

(b) the person engages in other unwelcome conduct of a sexual nature in relation to the other person, and

the conduct, advance or request occurs in circumstances in which a reasonable person, having regard to all the circumstances, would have anticipated that the other person would be offended, humiliated or intimidated.

(2) For 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 other person,

(b) the relationship between the other person and the person who made the advance or request or who engaged in the conduct,

(c) a disability, if any, of the other person,

(d) another relevant circumstance.

s 144L: Ins 2025 No 42, Sch 1[9].