Laws

Relevant Laws on Workplace Sexual Harassment

State Laws: Equal Opportunity Act 1984(WA)

This is the primary law in Western Australia addressing discrimination and sexual harassment.

Prohibition of sexual harassment:
  • Covers areas like employment, education, accommodation, and provision of goods and services.
Definition of sexual harassment:
  • Unwelcome sexual advances, request for sexual favours, other conduct of a sexual nature.
  • Must make the recipient feel offended, humiliated, or intimidated.
  • The reaction should be reasonable under the circumstances.
Complaint process:
  • Complaints can be lodged with the Equal Opportunity Commission of Western Australia.

Federal Laws: Sex Discrimination Act 1984 (Commonwealth)

This federal law also applies in Western Australia, offering further protections.

Prohibition of sexual harassment
  • Included workplaces, educational institutions and the provision of goods and services
Definition:
  • Unwelcome conduct of a sexual nature that could reasonably offend, humiliate, or intimidate.
Complaint process
  • Complaints can be made to the Australian Human Rights Commission (AHRC)

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