What is (and isn’t) sexual harassment?
Definition
Unwelcome sexual conduct (including advances/requests) where a reasonable person would anticipate the possibility of offence, humiliation or intimidation, having regard to all the circumstances.
Reasonable person test
An objective assessment that considers context and surrounding circumstances.
Examples (non‑exhaustive)
- Unwelcome touching or physical contact
- Suggestive comments/jokes; sexualised posters/pictures
- Unwanted invitations or requests for sex
- Intrusive questions about private life/body
- Unnecessary familiarity (e.g., brushing up against you)
- Insults/taunts of a sexual nature
- Sexually explicit emails or text messages
Reasonable management action
Legitimate performance management, investigations or disciplinary action conducted reasonably are not sexual harassment, but processes carried out unreasonably can cross the line.