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Sexual harassment is a serious matter in Canberra, Australia, recognized and protected against by both federal and territory laws. The Australian Human Rights Commission Act (1986) and the Sex Discrimination Act (1984) are chief federal laws that address sexual harassment. In the Australian Capital Territory (ACT), the Discrimination Act (1991) applies. All these laws make it clear that sexual harassment at the workplace, in educational institutions or during the provision of services is unlawful and punishable.
Legal advice may be beneficial if you feel you have been a victim of sexual misconduct. Examples may include inappropriate comments, unwelcome advances or requests for sexual favors, conduct of a sexual nature, or any other unwelcome behaviour. Also, a lawyer could prove helpful if you are wrongfully accused of sexual harassment. You may require assistance in understanding your rights and obligations, exploring possible legal remedies, or presenting your case at a human rights or tribunal hearing.
The ACT Discrimination Act 1991 is particularly relevant to sexual harassment issues in Canberra. It disallows unwanted conduct of a sexual nature that may offend, humiliate or intimidate the other person. Conduct may be physical, verbal, or written and includes suggestive remarks and jokes, invasive questions about your private life or body, unwelcome touching, and display of offensive materials. It also emphasizes that the perception of the offended person, not the intention of the offender, determines whether an act is classified as a sexual harassment.
If you feel comfortable, you can communicate directly to the offender that their behavior is unwelcome. However, not everyone will feel able to do this. You can also report the issue to your Human Resources department, or take it to senior management if the harassment continues. Legal advice can help you explore further options.
A sexually hostile work environment refers to a situation where unwelcome sexual conduct interferes with an individual's work performance or creates an intimidating or offensive work environment. Legal advice can help determine whether the behavior meets legal definitions.
If you are the person accused of sexual harassment, you should seek immediate legal advice. It is crucial to understand your rights, possible defenses, or mitigation strategies. You also need to be aware of your obligations during the potential investigation process.
According to the Australian Human Rights Commission Act, a complaint must be made within six months of the alleged discriminatory conduct. However, a complaint may be accepted after this period based on certain considerations.
Yes, disputes regarding sexual harassment can often be resolved through conciliation. This involves a confidential discussion between the parties facilitated by a neutral third party. The goal is to reach a mutually acceptable solution, and it can be a less formal and quicker process than court proceedings.
The Australian Human Rights Commission, WorkSafe ACT, and the ACT Human Rights Commission are great resources. They provide guides, fact sheets and informational materials regarding sexual harassment laws and procedures. Legal Aid ACT also offers free information, advice and referrals.
If you believe you have experienced sexual harassment, or are being accused of it, seek legal support promptly. Lawyers specializing in sexual harassment law can provide valuable advice, representation, and can guide you through the complexities of the legal process.
