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Where am I now? Lawlink > Law Reform Commission > Publications > Appendix A: Draft Anti-Discrimination Bill 1999 - Chapter 6
Report 92 (1999) - Review of the Anti-Discrimination Act 1977 (NSW)
Appendix A: Draft Anti-Discrimination Bill 1999 - Chapter 6
71 What is sexual harassment?
(1) For the purposes of this Act, a person sexually harasses another person if he or she:
(a) makes an unwelcome sexual advance, or an unwelcome request for sexual favours, to the other person, or
(b) engages in any other unwelcome conduct of a sexual nature in relation to the other person,
in circumstances in which a reasonable person, having regard to all the circumstances, including pertinent characteristics of the other person, would have anticipated that the other person would be offended, humiliated or intimidated.
(2) In this section, conduct of a sexual nature includes:
(a) subjecting a person to an act of physical intimacy, and
(b) making, orally or in writing, a remark or statement with sexual connotations to a person or about a person in his or her presence, and
(c) making any gesture, action or comment of a sexual nature in a person's presence.
72 Workplace harassment
(1) It is unlawful for one workplace participant to harass another workplace participant at a place that is a workplace for both persons.
(2) In this section:
place includes a ship, aircraft, train or vehicle.
workplace means a place at which a workplace participant works or otherwise attends in connection with his or her work.
workplace participant means any of the following:
(a) an employer, partner, principal or self-employed person,
(b) an employee, contract worker, commission agent, or consultant,
(c) a trainee, volunteer or work experience student,
(d) a member of either House of Parliament,
(e) a member of a body established under the Local Government Act 1993,
(f) a person elected or appointed to any other office or position under an Act or statutory instrument.
(3) Without limiting the definition of workplace, the workplace of a member of either House of Parliament is taken to include the following:
(a) the whole of Parliament House, and
(b) any ministerial office or electoral office of the member, and
(c) any other place that the member otherwise attends in connection with his or her Ministerial, parliamentary or electoral duties.
73 Harassment by members of qualifying bodies
(1) It is unlawful for a member of a qualifying body to sexually harass:
(a) a person seeking action in connection with an occupational qualification, or
(b) another member of that qualifying body, or
(c) an employee of that qualifying body.
(2) It is unlawful for an employee of a qualifying body to sexually harass:
(a) a person seeking action in connection with an occupational qualification, or
(b) a member of that qualifying body.
(3) In this section, action in connection with an occupational qualification means conferring, renewing, extending, revoking or withdrawing an occupational qualification.
74 Harassment: employment agencies
(1) It is unlawful for:
(a) a person who operates an employment agency, or
(b) an employee of an employment agency,
to sexually harass another person in the course of providing, or offering to provide, any of the agency’s services to that other person.
(2) In this section, employment agency means a person who, for profit or not, provides services for the purpose of finding work or employment for others or for supplying employers with workers or employees.
75 Harassment: educational institutions
(1) It is unlawful for a member, or a member of staff, of an educational institution to sexually harass:
(a) a person seeking admission to that institution as a student, or
(b) a student at that institution.
(2) It is unlawful for a person of or above the age of 16 years who is a student at an educational institution to sexually harass:
(a) another student at that institution, or
(b) an employee or member of staff of that institution, or
(c) a member of the educational authority administering that institution.
76 Harassment: provision of goods and services
(1) It is unlawful for a person to sexually harass another person in the course of providing, or offering to provide, goods or services to that other person.
(2) It is unlawful for a person to sexually harass another person in the course of receiving or selecting goods or services provided by that other person.
(3) This section applies whether or not the goods or services are provided or received for payment.
77 Harassment: provision of accommodation
It is unlawful for a person to sexually harass another person in the course of providing, or offering to provide, accommodation to that other person.
78 Harassment: sport
(1) It is unlawful for a person engaged in a sporting activity to sexually harass another person engaged in a sporting activity.
(2) For the purposes of this section, a person is engaged in a sporting activity if:
(a) the person is involved in an organised sporting competition, or
(b) the person is coaching a person or team, or is being coached, for the purposes of an organised sporting competition, or
(c) the person is carrying out an activity relating to the administration of a sport or an organised sporting competition, or
(d) the person is officiating at an organised sporting competition or carrying out related duties or functions, or
(e) the person is officially involved in a function relating to a sport or an organised sporting competition.
79 Harassment: clubs and associations
It is unlawful for a member of a club or association, including a member of the committee or other governing body, to sexually harass:
(a) a person seeking to become a member of the club or association, or
(b) another member of the club or association, or
(c) an employee of the club or association.
80 Harassment: State laws and programs
It is unlawful for a person to sexually harass another person in the course of:
(a) performing a function under a State law or for the purposes of a State program, or
(b) carrying out any responsibility for the administration of a State law or the conduct of a State program.
Note. The terms State law and State program are defined in the Dictionary by reference to section 62 (2).
81 Harassment: disposal of land
It is unlawful for a person to sexually harass another person in the course of dealing (whether as a principal or agent) with that other person in connection with:
(a) disposing of, or offering to dispose of, an estate or interest in land to the other person, or
(b) acquiring, or offering to acquire, an estate or interest in land from the other person.
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