NSWIn ForceAct
Industrial Relations Act 1996
144LDefinition of sexual harassment
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#### 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](/view/html/inforce/current/act-1977-048), section 22A.
> >
> > Note—
> >
> > The meaning in the[Anti-Discrimination Act 1977](/view/html/inforce/current/act-1977-048), 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\[9\].