Commonwealth Consolidated Acts

SEX DISCRIMINATION ACT 1984 - SECT 28M

  (1)   It is unlawful for a person to subject another person to a workplace environment that is hostile on the ground of sex.

  (2)   A person (the first person ) subjects another person (the second person ) to a workplace environment that is hostile on the ground of sex if:

  (a)   the first person engages in conduct in a workplace where the first person or the second person, or both, work; and

  (b)   the second person is in the workplace at the same time as or after the conduct occurs; and

  (c)   a reasonable person, having regard to all the circumstances, would have anticipated the possibility of the conduct resulting in the workplace environment being offensive, intimidating or humiliating to a person of the sex of the second person by reason of:

  (i)   the sex of the person; or

  (ii)   a characteristic that appertains generally to persons of the sex of the person; or

  (iii)   a characteristic that is generally imputed to persons of the sex of the person.

Note:   See also section   8A in relation to workplace environments that are offensive, intimidating or humiliating for 2 or more reasons.

  (3)   For the purposes of subsection   (2), the circumstances to be taken into account include, but are not limited to, the following:

  (a)   the seriousness of the conduct;

  (b)   whether the conduct was continuous or repetitive;

  (c)   the role, influence or authority of the person engaging in the conduct;

  (d)   any other relevant circumstance.

  (4)   In this section:

"conduct" includes making a statement, whether the statement is made orally or in writing.