Commonwealth Consolidated Acts Commonwealth Consolidated Acts(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.