Commonwealth Consolidated Acts

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SEX DISCRIMINATION ACT 1984 - SECT 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.


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