4 What does the law say?
4.5 What is sexual harassment?
Sexual harassment is unlawful under the Act in
certain areas of public life, including in the provision
or receipt of goods, services and facilities.54 It is
also unlawful for a member of the management
committee of a club to sexually harass a member,
or applicant for membership, of the club.55
‘Sexual harassment’ is defined in the Act as an
unwelcome:
• sexual advance
• request for sexual favours, or
• conduct of a sexual nature,
in circumstances in which a reasonable person
would have anticipated the possibility that the
person harassed would be offended, humiliated or
intimidated.56
The sex and gender identity of the person who is
harassed are relevant circumstances to be taken
into account in determining if a person has been
sexually harassed.57
Sexual harassment can be physical, spoken or
written, and may include comments online or in
social media. It may include a range of unwelcome
behaviours including:
• requests for sex
• intrusive comments about someone’s
private life
• sexually suggestive behaviour, such as
leering or staring
• sexually suggestive comments or jokes
• repeated requests to go out
• sexually explicit messages.58
Sexual harassment can also include sexually
suggestive or invasive questions, such as asking
a transgender or gender diverse person about
their sex life, or asking them about their physical
characteristics.
Case study
Sexual harassment
Lindsay is a trans man and has recently joined a cycling ‘club’, as defined in the Act.
While most club members have been very welcoming, one of the club’s directors George, rode up next to
him and asked him a number of detailed questions about his sex life. Lindsay told George his questions were
inappropriate and asked him to stop. George shrugged so Lindsay assumed he had gotten the message.
However, on the club’s latest ride George asked Lindsay more questions about his sex life in the context of his
transition. Lindsay asked him to stop again.
George’s repeated questioning is likely to amount to sexual harassment. It is unlawful for the member of
a club’s Board or management committee to sexually harass a member of a club.
4.6 What is victimisation?
Victimisation is an offence under the Act59 and the Commission can also inquire into complaints of
victimisation. A person will be taken to have victimised another person if they threaten to, or do, subject that
person to a detriment because they have either made a complaint under the Act, or have engaged with the
Commission’s complaints process in some other way (for example, as a witness in proceedings).60
This applies to complaints of discrimination and sexual harassment.61
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