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Section : 28AA Meaning of harassment on the ground of sex
Domain : Human Resource Management
Classification : Not Identified

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(2) For the purposes of subsection (1), the circumstances to be taken into account include, but are not limited to, the following:

(a) the sex, age, sexual orientation, gender identity, intersex status, marital or relationship status, religious belief, race, colour, or national or ethnic origin, of the person harassed;
(b) the relationship between the person harassed and the person who engaged in the conduct;
(c) any disability of the person harassed;
(d) any power imbalance in the relationship between the person harassed and the person who engaged in the conduct;
(e) the seriousness of the conduct;
(f) whether the conduct has been repeated;
(g) any other relevant circumstance.

(3) In this section: conduct includes making a statement to a person, or in the presence of a person, whether the statement is made orally or in writing.