ILO Convention 190 encourages States to adopt a broad definition of ‘worker’ and ‘workplace’ in order to capture the full range of traditional and non-traditional work arrangements and different workplace settings in which violence and harassment can be experienced.37 The implications of ILO Convention 190 are discussed in more detail in Section 5.3, ‘International human rights obligations’. Under the Sex Discrimination Act, sexual harassment is any unwelcome sexual advance, unwelcome request for sexual favours or other unwelcome conduct of a sexual nature in relation to the person harassed, in circumstances where a reasonable person, having regard to all the circumstances, would have anticipated the possibility that the person harassed would be offended, humiliated or intimidated.41 Further discussion of the international response to sexual harassment is provided below in Section 2.7. The Sex Discrimination Act makes sexual harassment unlawful in certain areas of public life, including employment.42 Employers can be held vicariously liable for sexual harassment committed by their employees or agents, if they failed to take ‘all reasonable steps’ to prevent the sexual harassment from occurring.43 (b) Domestic legal framework There are three key legal and regulatory schemes regulating workplace sexual harassment in Australia: antidiscrimination laws,38 the Fair Work system39 and work health and safety (WHS) laws.40 This highlights that the right to be free from workplace sexual harassment is a human right, a workplace right and a safety right. Laws prohibiting sexual harassment exist at the federal level and at each state and territory level in Australia. At the federal level, sexual harassment is prohibited in the Sex Discrimination Act 1984 (Cth) (Sex Discrimination Act). The Sex Discrimination Act, together with state and territory anti-discrimination laws, provide the primary framework for understanding and addressing sexual harassment as a form of sex discrimination, and recognises the right to work in an environment free from sexual harassment as a basic human right. A person can make a complaint of sexual harassment in employment to the Commission. The Commission can investigate and attempt to resolve the complaint through conciliation. If a complaint is unable to be resolved or is finalised for some other reason, a person may take the matter to the Federal Court of Australia or the Federal Circuit Court for determination. The Fair Work system is the national framework governing the relationship between employer and employee in Australia. The Fair Work Act 2009 (Cth) (Fair Work Act) and the Fair Work Regulations 2009 provide a safety net of minimum entitlements, enable flexible working arrangements and fairness at work, and prevent discrimination against employees.44 Respect@Work: National Inquiry into Sexual Harassment in Australian Workplaces • 2020 • 73