What do the guidelines say about sexual harassment and victimisation?

Q: What do the guidelines say about sexual harassment and victimisation?

According to section 4 of the guidelines: Sexual harassment is unlawful in areas including goods, services and facilities, and club management committee members may not sexually harass members or applicants. It is defined as an unwelcome sexual advance, request for sexual favours or other sexual conduct, where a reasonable person would anticipate the person would be offended, humiliated or intimidated. Sex and gender identity are relevant circumstances, and intrusive questions about a trans or gender diverse person's body or sex life can qualify. Victimisation is an offence: it is an offence to threaten or subject someone to a detriment because they made a complaint or engaged with the Australian Human Rights Commission's process. Legal responsibility: individuals and organisations can be liable for discrimination, as can those who aid or permit it. Organisations can be vicariously liable for the conduct of employees or agents. For sexual harassment, an employer is not liable if it took all reasonable steps to prevent it. State and territory laws: organisations may also have obligations under state and territory laws, which may be stricter. A complaint to the Commission is barred if a complaint or proceeding on the same matter has already been brought under state or territory law. Source: Sport Australia, 4. What does the law say? https://www.ausport.gov.au/integrity_in_sport/transgender_and_gender_diverse_people_in_sport/guidelines/what_does_the_law_say

Question

Accepted Answer

According to section 4 of the guidelines:

Sexual harassment is unlawful in areas including goods, services and facilities, and club management committee members may not sexually harass members or applicants. It is defined as an unwelcome sexual advance, request for sexual favours or other sexual conduct, where a reasonable person would anticipate the person would be offended, humiliated or intimidated. Sex and gender identity are relevant circumstances, and intrusive questions about a trans or gender diverse person's body or sex life can qualify.
Victimisation is an offence: it is an offence to threaten or subject someone to a detriment because they made a complaint or engaged with the Australian Human Rights Commission's process.
Legal responsibility: individuals and organisations can be liable for discrimination, as can those who aid or permit it. Organisations can be vicariously liable for the conduct of employees or agents. For sexual harassment, an employer is not liable if it took all reasonable steps to prevent it.
State and territory laws: organisations may also have obligations under state and territory laws, which may be stricter. A complaint to the Commission is barred if a complaint or proceeding on the same matter has already been brought under state or territory law.

Source: Sport Australia, 4. What does the law say? https://www.ausport.gov.au/integrity_in_sport/transgender_and_gender_diverse_people_in_sport/guidelines/what_does_the_law_say