Western Australian Current Acts

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EQUAL OPPORTUNITY ACT 1984 - SECT 26

26 .         Sexual harassment related to accommodation

        (1)         It is unlawful for a person who as principal or agent exercises control or purports to exercise control over accommodation or the letting or other allocation of accommodation to harass sexually —

            (a)         a person who occupies accommodation over which that person exercises or purports to exercise control; or

            (b)         a person who is an applicant for accommodation.

        (2)         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 accommodation or application for accommodation; 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 accommodation or application for accommodation.

        (3)         A reference in subsection (2) 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.



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