ABSTRACT

Work health and safety laws replaced the occupational health and safety laws in New South Wales (NSW) on January 1, 2012. Although this law does not address bullying or harassment, the Work Health and Safety Code of Practice 2012 is applicable to NSW. The New South Wales Anti-Discrimination Act 1977, an Act to render unlawful racial, sex, and other types of discrimination in certain circumstances and to promote equality of opportunity between all persons, covers employment in Division 2. Grounds of unlawful discrimination include race, sex, marital status, disability, homosexuality, age, transgender, carer's responsibility. Other unlawful conduct includes sexual harassment; vilification on the basis of race, homosexuality, transgender, and HIV/AIDS status. A person sexually harasses another person if the person makes an unwelcome sexual advance, or an unwelcome request for sexual favors, to the other person or if the person engages in other unwelcome conduct of a sexual nature in relation to the other person.