Prohibition of discrimination etc. Part II Harassment etc. Division 3 Section 28AB (i) the sex of the person harassed; or (ii) a characteristic that appertains generally to persons of the sex of the person harassed; or (iii) a characteristic that is generally imputed to persons of the sex of the person harassed; the person engages in unwelcome conduct of a seriously demeaning nature in relation to the person harassed; and (b) the person does so in circumstances in which a reasonable person, having regard to all the circumstances, would have anticipated the possibility that the person harassed would be offended, humiliated or intimidated. Note: See also section 8 (acts done for 2 or more reasons). (2) For the purposes of subsection (1), the circumstances to be taken into account include, but are not limited to, the following: (a) the sex, age, sexual orientation, gender identity, intersex status, marital or relationship status, religious belief, race, colour, or national or ethnic origin, of the person harassed; (b) the relationship between the person harassed and the person who engaged in the conduct; (c) any disability of the person harassed; (d) any power imbalance in the relationship between the person harassed and the person who engaged in the conduct; (e) the seriousness of the conduct; (f) whether the conduct has been repeated; (g) any other relevant circumstance. (3) In this section: conduct includes making a statement to a person, or in the presence of a person, whether the statement is made orally or in writing. 28AB Meaning of worker in a business or undertaking For the purposes of this Act, if a person (the first person) is a worker because the first person carries out work for a person Sex Discrimination Act 1984 Compilation No. 42 Compilation date: 11/09/2021 Authorised Version C2021C00420 registered 08/10/2021 43 Registered: 08/10/2021