Victorian Numbered Acts

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EQUAL OPPORTUNITY ACT 2010 (NO. 16 OF 2010) - SECT 92

What is sexual harassment?

    (1)     For the purpose 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, would have anticipated that the other person would be offended, humiliated or intimidated.

    (2)     In subsection (1) conduct of a sexual nature includes—

        (a)     subjecting a person to any act of physical intimacy;

        (b)     making, orally or in writing, any remark or statement with sexual connotations to a person or about a person in his or her presence;

        (c)     making any gesture, action or comment of a sexual nature in a person's presence.



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