28AAMeaning of harassment on the ground of sex

28AA Meaning of harassment on the ground of sex

(1) For the purposes of this Act, a person harasses another person (the person harassed) on the ground of sex if: (a) by reason of: (i) the sex of the person harassed; or (ii) a characteristic that appertains generally to persons of the sex of the person harassed; or (iii) a characteristic that is generally imputed to persons of the sex of the person harassed; the person engages in unwelcome conduct of a demeaning nature in relation to the person harassed; and (b) the person does so in circumstances in which a reasonable person, having regard to all the circumstances, would have anticipated the possibility that the person harassed would be offended, humiliated or intimidated.

Note: See also section 8 (acts done for 2 or more reasons).

(2) For the purposes of 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 person harassed; (b) the relationship between the person harassed and the person who engaged in the conduct; (c) any disability of the person harassed; (d) any power imbalance in the relationship between the person harassed and the person who engaged in the conduct; (e) the seriousness of the conduct; (f) whether the conduct has been repeated; (g) any other relevant circumstance. (3) In this section:

conduct includes making a statement to a person, or in the presence of a person, whether the statement is made orally or in writing.