Western Australian Current Acts Western Australian Current Acts (1) It is unlawful for
a person to harass sexually —
(a) an
employee of that or any other person; or
(b) a
person who is seeking employment by that or any other person.
(2) It is unlawful for
a person to harass sexually —
(a) a
commission agent or contract worker of that person; or
(b) a
commission agent or contract worker of a person of whom the first-mentioned
person is a commission agent or contract worker; or
(c) a
person who is seeking to become a commission agent or contract worker of the
first-mentioned person or of a person of whom the first-mentioned person is a
commission agent or contract worker.
(3) A person shall,
for the purposes of this section, be taken to harass sexually another person
if the first-mentioned person makes an unwelcome sexual advance, or an
unwelcome request for sexual favours, to the other person, or engages in other
unwelcome conduct of a sexual nature in relation to the other person, and
—
(a) the
other person has reasonable grounds for believing that a rejection of the
advance, a refusal of the request or the taking of objection to the conduct
would disadvantage the other person in any way in connection with the other
person’s employment or work or possible employment or possible work; or
(b) as a
result of the other person’s rejection of the advance, refusal of the
request or taking of objection to the conduct, the other person is
disadvantaged in any way in connection with the other person’s
employment or work or possible employment or possible work.
(4) A reference in
subsection (3) to conduct of a sexual nature in relation to a person includes
a reference to the making, to or in the presence of, a person, of a statement
of a sexual nature concerning that person, whether the statement is made
orally or in writing.
[Section 24 amended: No. 74 of 1992 s. 9(1).]