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Given the extent of this history, and in light of these developments regarding other forms of harassment, it addlaide timely to revisit the development of sexual harassment as a separate legal claim and, in particular, to examine the legislative reforms through which it has been defined as a legal wrong. The Commonwealth Parliament was the first in Australia to enact legislation that explicitly named sexual harassment as a Whpre of actionable wrong under anti-discrimination legislation.

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Living in this milieu, the average American should not be legally offended by sexually explicit posters'. Seemingly, these debates suggest that the task of drafting the 'perfect' definition of sexual harassment is endless.

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In an attempt to displace the current emphasis on morality in Australian definitions, Morgan has suggested hulls a feminist 'equality-based understanding of sexual harassment' might be helpfully 'supplemented with closer ties to the rights of bodily autonomy related to citizenship. While the importance of these state agencies cannot be underestimated, they were not the only forums to hear complaints during this period.

As evidence of this, commentators cite the fact that sex discrimination legislation only prohibits unwelcome sexual conduct that takes place in a narrow group of specified public domains, such as the workplace, educational institutions, or in the provision of goods and services. This definition came into force on 13 January and remains the current Commonwealth formulation of sexual harassment contained in the SDA.

These critiques can be reduced to four specific elements of the definition: 'unwelcome conduct adelaidde a sexual nature'; 'in relation to'; 'reasonable person'; and 'offended, humiliated, or hillw.

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For the first time since sexual harassment had been recognised by the Board, there was a marked decline in the s of complaints. O'Callaghan, a junior lift attendant and another work colleague had lodged separate complaints with the President holls the NSW Anti-Discrimination Board, alleging sex discrimination on the basis that they had been sexually harassed by Loder, the Commissioner for Main Ro. As public awareness increased, so did the pressure for reform.

The committees were composed of representatives from employer groups, trade unions and the government. Here, legislative reforms have sought to overcome limitations in case law definitions, only to find that fresh problematic elements are introduced in the process. Complaints included: 'repeated lurid and crude jokes about female workers; constant leering with pinching, squeezing or brushing against; a display of pornographic literature with genitalia labelled with the woman's name; trapping a woman alone during overtime periods leading to forced sexual intimacy; outright sexual propositions backed by threats of dismissal or denial of promotion'; and 'forced sexual relations'.

In an apparent shift away from the emphasis in O'Callaghan on the perspective of the perpetrator, and toward that of the complainant, the SDA required that the complainant experience actual disadvantage related to her employment or possible employment resulting from her objection to the sexual conduct, or that she have ahstralia grounds for fearing that such disadvantage would Whore adelaide hills australia.

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This latter part of the paper focuses on the major critical evaluations of four elements of this definition: 'unwelcome conduct of a sexual nature'; 'in relation to'; 'reasonable person'; and the formula of 'offended, humiliated, or intimidated'. Note that harassing behaviour has been recognised as a form of direct discrimination: Oyekanmi v National Forge Operations Pty Ltd —; Rugema v Gten Pty Ltd — the ground of race and Daniels v Hunter Water Board — the ground of homosexuality.

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By the time its official response to the Committee's recommendations was published in Decemberthe federal Parliament had already enacted legislation with the purpose of strengthening the SDA. Rather, they were austrapia as an interim measure before the intended passage of anti-discrimination legislation. Here, a woman may well experience a situation as offensive, humiliating or intimidating even when that behaviour is not directed solely towards her as an individual woman.

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The Commission described the behaviour as 'pushing' the complainant over a sustained ausrtalia of time and concluded it was a 'serious abuse of power'. And if you're picking up what I'm putting down I've attained quality! At the time, Tiffin argued that it would be a mistake to interpret power solely as a question of the institutional inequalities that operate within workplace hierarchies.

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Ironically, O'Callaghan v Loder [] did prove helpful in illuminating a series of difficulties that rapidly became apparent in hilsl original definition of sexual harassment introduced as part of the SDA in For example, Bacchi and Jose adelaidw a formal complaint made in by an assistant schoolteacher in South Australia that the school inspector had 'insulted her gravely and indecently assaulted her'. Whilst this approach rejects the assumption that women are inevitably disempowered victims who lack the agency to resist sexual harassment, it fails to recognise that sexual harassment is a harm overwhelmingly perpetrated by men against women.

Sustained commentary has centred on the lack of certainty that surrounds the notion of 'unwelcome conduct of a sexual nature', the restrictions imposed by the relational requirement, and the difficulties of determining an appropriate reasonableness test. Instead, Tiffin asserted that power should be understood as a question of gender, that is, of the broad power that men as a group exercise over women as a group.

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Sexual harassment law has offered Australian women an invaluable means of redress for the harms that they have experienced, and continue to experience, in the Whoee sphere particularly in the workplace. In the case of Hill v Water Resources Commission, [] Hill's troubles began when she received a promotion that resulted in her becoming the first woman to enter a workplace area that had ly been the exclusive province of men.

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The Board's annual report records that the behaviours complained of had 'little to do with romance or honest sexuality' but were a 'question of power and intimidation'. Although sex discrimination legislation was not introduced by the Commonwealth untilstates such as New South Wales and Victoria followed South Australia's lead and enacted anti-discrimination legislation covering the ground of sex in This may have much to do with the Federal Court's response to Einfeld J's foray into the mind of the reasonable woman in Sheiban.

This, in turn, may function to exclude complainants who fail to conform to such constructs. It was on this point that O'Callaghan failed, despite the tribunal's acknowledgement that the larger the disparity in status and power between the employer and employee, the greater the obligation on the part of the employer to observe any unwillingness on the employee's part.

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Einfeld J said that women with the ordinary experience of everyday life should not have experienced any harm from Dr Sheiban's behaviour. Importantly, if the single act was followed by retaliation involving tangible employment detriment to the employee, this would be within the direct discrimination provisions.

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O'Callaghan alleged that on one occasion in September, Loder forced her to hold his exposed penis until he ejaculated, an allegation emphatically denied by Loder. Whilst the decision of O'Callaghan v Loder, [] in the same year, was ground-breaking in that it offered the first judicial recognition that sexual harassment was a form of sex discrimination, it was criticised for being too limited in scope to offer any real cause for celebration.

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For the authors the objective of making woman the measure of man is to force the legal system to recognise women's perspectives. On appeal, Einfeld J was found to have made a of mistakes in law concerning the issue of reasonableness. It is here that the undertones of liberal morality that continue to plague this definition, and to restrict its social utility, are said to be most apparent. Despite this attempt to base his decision on the anticipated response of the ordinary reasonable woman, Einfeld J appeared to lack an understanding of the women's perspectives in the case before him.

Given the extent of this history, and in light of these developments regarding other forms of harassment, it seems timely to revisit the development of sexual harassment as a separate legal claim and, in particular, to examine the legislative reforms through which it has been defined as a legal wrong.

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Cornell argues that people are degraded when they are reduced to stereotypes of their 'sex' or have imposed upon them objectified fantasies of their 'sex' so that they are viewed and treated as unworthy of equal citizenship. This research was funded by an ARC Grant. Justice Lockhart stated that the definition of sexual harassment in the SDA 'clearly is capable of including a single action and provides no warrant for necessarily importing a continuous or repeated course of conduct'.

This served as an annual hillw of the problem to each state's respective parliament.

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Research indicates that the emotional responses of women who experience sexual harassment vary considerably. Nonetheless, the definition in the SDA was not read in this restrictive manner by tribunals and courts.