Tasmania
Overview
Please review the information below and then return to the workplace harassment prevention course.
Harassment and discrimination based on a protected ground are prohibited under federal law and the laws of states and territories. Additionally, federal law and the laws of states and territories prohibit bullying, whether related to a protected ground or not. The federal government and state and territory governments have agencies that help employers and employees understand these legal requirements and ensure compliance with the laws.
Applicable Laws
Federal
The primary federal laws that prohibit employment discrimination include the Age Discrimination Act 2004, the Disability Discrimination Act 1992, the Racial Discrimination Act 1975, the Sex Discrimination Act 1984, and the Australian Human Rights Commission Act 1986.
The Fair Work Act 2009 provides protections against bullying and taking adverse action against an employee because of a protected attribute.
State or Territory
In Tasmania, the primary law prohibiting employment discrimination, including harassment, is the Anti-Discrimination Act 1998.
The Work Health and Safety Act 2012 provides protection from harassment and sexual harassment as a workplace hazard or risk.
Protected Grounds
Federal
Harassment or discrimination based on any attribute listed below is prohibited throughout Australia under federal law.
- Sex (including intersex status, pregnancy and breastfeeding)
- Sexual orientation
- Gender identity
- Race/Colour
- Immigrant status
- National or ethnic origin
- Disability
- Age
- Marital or relationship status
- Family responsibilities
State or Territory Law
Harassment or discrimination based on any attribute below is prohibited under the law of Tasmania.
- Age
- Race
- Disability
- Irrelevant medical record
- Gender
- Gender identity
- Intersex variations of sex characteristics
- Breastfeeding
- Pregnancy
- Sexual orientation
- Relationship status
- Lawful sexual activity
- Marital status
- Family responsibilities
- Parental status
- Irrelevant criminal record
- Religious belief, affiliation or activity
- Political belief, affiliation or activity
- Industrial activity
- Association with a person who has or is believed to have any of the other attributes.
Definition of Sexual Harassment
Under the Anti-Discrimination Act 1998, sexual harassment is defined as any unwelcome sexual advance, unwelcome request for sexual favours or other unwelcome conduct of a sexual nature in circumstances where a reasonable person, having regard to all the circumstances, would anticipate the possibility that the person harassed would be offended, humiliated or intimidated.
Sexual harassment can include:
- unwelcome touching, hugging, cornering or kissing
- inappropriate staring or leering
- suggestive comments or jokes
- using suggestive or sexualised nicknames for co-workers
- sexually explicit pictures, posters or gifts
- circulating sexually explicit material
- persistent unwanted invitations to go out on dates
- requests or pressure for sex
- intrusive questions or comments about a person’s private life or body
- unnecessary familiarity, such as deliberately brushing up against a person
- insults or taunts based on sex
- sexual gestures or indecent exposure
- following, watching or loitering nearby another person
- sexually explicit or indecent physical contact
- sexually explicit or indecent emails, phone calls, text messages or online interactions
- repeated or inappropriate advances online
- threatening to share intimate images or film without consent
- actual or attempted rape or sexual assault.
Some forms of sexual harassment are also criminal offences and should be reported to the police.
Sexual harassment is not always obvious, repeated or continuous. Unlike bullying, which is characterised by repeated behaviour, sexual harassment can occur in a one-off incident.
Sexual harassment can also be a behaviour that while not directed at a particular person, affects someone who is exposed to it or witnesses it (such as overhearing a conversation or seeing sexually explicit posters in the workplace).
Filing a Claim in Tasmania
A claim for employment discrimination or harassment based on a protected ground may be made to the Australian Human Rights Commission or to Equal Opportunity Tasmania.
Complaints related to bullying and certain types of discriminatory actions may be made to the Australian Fair Work Commission, the Australian Fair Work Ombudsman or to WorkSafe Tasmania.
Potential Remedies
An employee who has experienced discrimination, harassment or bullying may be entitled to monetary and other remedies. An employer may be required to take certain actions to correct or redress the unlawful conduct. Examples of potential remedies are listed below.
- Compensation for lost wages or benefits
- Reinstatement, promotion, transfer or hiring
- Injunctions to stop unlawful conduct
Victimisation Prohibited
It is unlawful for an employer to engage in victimisation as to an employee who makes a claim or allegation as to discrimination or harassment or assists someone else to make such a claim or allegation.
The information contained on this page is for informational purposes only.
It does not, and is not intended to, constitute legal advice.