When is harassment against the law?

Sexual harassment is conduct of a sexual nature that is unwelcome. Sexual harassment can be physical, verbal or written. It involves behaviour that could reasonably be expected to make a person feel offended, humiliated or intimidated. Sexual harassment is against the law.

Sexual harassment can involve:

an unwelcome sexual advance
a request for sexual favours
unwelcome comments about a person's sex life or physical appearance
suggestive behaviour such as leering and ogling
unnecessary physical intimacy such as brushing up against a person
sexually offensive comments, anecdotes or jokes
displaying sexually offensive visuals (such as photos, pinups or calendars), reading matter or objects
sexual propositions or continued requests for dates
physical contact such as touching or fondling
indecent assault or rape (also criminal offences).

Example: While Maria is test driving a new model car, Dan the car dealer puts his arm around her shoulders and suggests they go out on a date. Maria declines the offer. Dan persists, telling Maria that he is "great in bed". Maria is angry and distressed at Dan's behaviour.

Sexual harassment can involve statements or pictures transmitted by fax, telephone, e-mail, office intranet, videoconference or any other means of communication.

Where does sexual harassment occur?

Sexual harassment is against the law when it occurs in public life, not when it is private conduct. Public areas covered by the law include:

Accommodation including renting houses, units or business premises, hotel and motel rooms, caravan parks, camping sites, boarding houses and hostels.

Example: Denise rents a flat privately from Bruno and pays the rent to him in person. One rent day he says he hopes she realises how lucky she is to have such a nice flat for such a good price. He tells her it is in her interests to "be nice to him", making it clear that her tenancy was conditional upon providing him with sexual favours.

Clubs that are on Crown land or receive funding from the Government or a municipal council. This includes social, recreational, sporting or community service clubs.

Example: At drinks celebrating her soccer team's grand final win, Sonia is sexually harassed by the club president. Sonia can lodge a complaint against the club and the club president with the Equal Opportunity Commission. A negotiated resolution could include an apology, compensation and sexual harassment training for club members and employees.

Land sales or transfers.

Education including enrolment to a school, entry terms, access to benefits and expulsion. Employment terms and conditions, recruitment, promotion, redundancy and dismissal, including the provision of references. This covers job applicants, employees and contract workers.

Example: Peter, a computer programmer, works for a company that installs and maintains office computer systems at Natalie's workplace. When Peter works on Natalie's machine, he leaves sexually explicit messages on her screen. Peter's actions could constitute sexual harassment.

Goods and services including retail, entry to public venues and dealings with service providers. It does not matter whether the goods and services are paid for or free.

Sports teams and individual pursuits, such as selection or exclusion from participation. This covers players, coaches, umpires, administrators and officials.