Harassment has always been a common issue that deserves more attention from the public. Women are the most common victims of harassment compared to men. However, this should not discredit the feelings of each gender, regardless of who was harassed more. In this article, we will outline different forms of harassment and harassment laws NSW.
If you or you know someone who is a victim of harassment, make sure to offer any help. Harassment victims might stay quiet out of fear of causing a scene or unwanted attention and drama. We should break this stigma and report harassers immediately. Let’s not sit idly and let these kinds of problems resolve themselves.
Harassment Laws NSW: 2024 Law on Coercive Control
In 2024, the NSW government finally criminalises “coercive control.“ In relation to harassment, coercive control involves the use of abusive behaviour towards a current or former intimate partner. Now, this type of behaviour comes with the intention to coerce or control their partner.
This criminal offence covers repetitive patterns of behaviour that involve physical or non-physical abuse. The law provides that this behaviour intends to hurt, scare, intimidate or control someone.
This law takes effect from 1 July 2024. Here’s the full text of the legislation. Some might say that the law is not very inclusive as it specifies that it only applies to intimate relationships. However, the NSW government will review the legislation and decide whether to expand the law to other types of relationships.
If you’re experiencing coercive control or harassment, contact NSW Police at 000 (emergencies) or 131 444 (non-emergencies). You might also have to check with your lawyer for legal advice and guidance.
When Should You Call Something ”Harassment”?
Anti-discrimination law describes harassment as something a person does not want, offends or humiliates them, or creates an unsafe environment for them. Harassment laws NSW state that it is illegal to harras a person because of:
- Sex
- Pregnancy and/or breastfeeding
- Race
- Age
- Marital or domestic status
- Homosexuality
- Disability
- Transgender status
- Carer responsibilities
Now what if these harassing remarks were directed not to you but to your relatives, friends, or colleagues? This is still illegal in harassment laws NSW standards. You may also ask yourself what are some forms of harassment? Let’s look at some common ones:
- Displaying or distributing offensive materials (e.g., on a noticeboard, in print, via fax, or within someone’s workspace).
- Sharing offensive content electronically (e.g., via computer, email, website, blog, or social media).
- Using abusive language or making derogatory comments.
- Telling offensive jokes.
- Making offensive gestures.
- Excluding or isolating individuals or groups (e.g., not inviting someone to a company event).
- Conducting initiation rituals that involve unwelcome behaviour.
Workplaces Are a Breeding Ground for Harassment
Have a second look at the forms of harassment above. Did you notice that most of these can occur in workplaces? Employers should be at the forefront of defending discriminated or harassed employees. SafeWork NSW instructs employers to take the following steps when harassment is present in the workplace:
- Provide a clear policy that harassment is not acceptable
- Address harassment incidents when it occurs
- Make sure all employees know about the anti-harassment policy, what constitutes it, and procedures for addressing it
- Ensure that all employees follow the anti-harassment policy and are aware of harassment laws NSW
Sexual Harassment: An Age-Old Problem
Sexual harassment has been a common offence for decades and can happen in and out of romantic relationships. This occurs when a person makes an unwelcome sexual advance, or unwelcome request for sexual favours, or engages in other unwelcome conduct of a sexual nature about the harassed person.
On October 23 2023, The Australian Bureau of Statistics Personal Safety Survey reported the following data on sexual harassment:
- Approximately 1.7 million Australian adults (8.7%) experienced sexual harassment in 2021-22.
- Women were significantly more likely to be harassed by men (1.2 million) than by other women (110,900).
- Men experienced harassment from men and women at roughly similar rates (310,800 and 250,400, respectively).
- The most common experience was inappropriate comments about their body or sex life (800,000 women).
- Other prevalent behaviours included receiving indecent messages (500,000 women) and unwanted touching (400,000 women).
- Women were more likely to be harassed by someone they knew (63%) than by a stranger (55%).
- Specifically, an estimated 330,000 women were harassed by someone with whom they had a work or professional relationship, with 320,000 experiencing it in person at their workplace.
These shocking numbers prove that sexual harassment is prevalent. While we don’t have more recent data for this offence, we can make a change now. Each harassment laws NSW we can learn about can contribute to a more safe and non-tolerating community for everyone. Let’s inform ourselves with these laws below.
Commonwealth Sex Discrimination Act
The Commonwealth Sex Discrimination Act contains sexual harassment laws NSW. To determine whether a person’s actions or conduct constitutes sexual harassment a range of factors can be taken into account, including, but not limited to:
- Sex and age of the person harassed,
- The harassed person’s gender identity, marital or relationship status, and race or religious beliefs;
- Any disability the harassed person has, and
- The relationship between the harassed person and the person harassing them.
A person who sexually harasses is primarily responsible for the sexual harassment under the Sex Discrimination Act.
Harassment Laws NSW: Forms of Harassment
Intimidation
Intimidation is another form of harassment. The law defines intimidation to be behaviour amounting to harassment or sexual assault, which causes fear of safety, or any other behaviour that causes a reasonable apprehension of violence or injury to someone. If a person damages a person’s property or a person, that can still constitute intimidation.
What Acts Amount to Intimidation?
Section 7 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) provides that intimidation of a person means:
- Conduct (including cyberbullying) amounting to harassment or molestation of the person, or
- An approach made to the person by any means (including by telephone, telephone text messaging, e-mail, and other technologically assisted means) that causes the person to fear for his or her safety, or
- Any conduct that causes a reasonable apprehension of injury to a person or to a person with whom they have a domestic relationship, or of violence or damage to any person or property.
Intimidation can refer to any act that creates fear of physical or mental harm and includes physical acts, non-physical acts, and threats of future harm. Moreover, cyberbullying includes bullying of a person by publication or transmission of offensive material over social media or via email.
Stalking
Stalking is closely related to harassment which involves following a person closely, watching their every move. Have you ever wondered if you’re being followed by the same person wherever you walk? If so, a stalker is on your tail. You can ask for help from 1800RESPECT on 1800 737 732 or text 0458 737 732 to report stalking incidents.
What Acts Amount to Stalking?
Section 8(1) of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) provides that “stalking” includes the following:
- Following a person around, or
- Watching or frequenting the vicinity of, or an approach to, a person’s place of residence, business, or work, or any place that a person frequents for the purposes of any social or leisure activity, or
- Contacting or otherwise approaching a person using the internet or any other technologically assisted means.
Hence, stalking involves a persistent course of conduct by which a person intends to maintain contact with or exercise power and control over another person. The stalker tries to intimidate or induce fear in the person they are stalking.
The victim may only realise they are being stalked once they identify a pattern of suspicious incidents, such as frequent phone calls and text messages, notes left on their car, unwanted gifts left at their home, or an awareness that they are being followed.
So What Are the Penalties?
Just like with other legal offences or crimes, comes penalties. People who intimidate or stalk people should receive the appropriate penalty for causing fear in their victims. Under Section 13 of the Act, any person who stalks or intimidates another with the intention to cause fear of physical or mental harm knowing the conduct is likely to cause fear will be punished for:
- Up to 5 years imprisonment; and/or
- 50 penalty units (an amount of money used as a basis to calculate the monetary penalties).
Does the Crimes Act 1900 Have a Say?
Section 60E of the Crimes Act 1900 also covers matters related to harassment laws NSW, but in school areas. The section states that a person is guilty of this crime if they assault, stalk, harass, or intimidate any school student or member of staff of a school while they are on school premises.
Under this Section, you may be charged with the offence of “assaults at schools”. This applies if is alleged that you assaulted, stalked, harassed or intimidated a staff member or student while they were attending a school.
The maximum penalty for this offence is 5 years imprisonment. If a person commits the offence above and actual bodily harm is caused, the maximum penalty is extended to seven years’ imprisonment.
Family Law Act 1975
In the Family Law Act 1975, Section 4AB provides that stalking amounts to behaviour that may constitute family violence.
Harassment Laws NSW: What Can You Do?
This is easier said than done, but it’s always best to stay calm and fin out your options. We admit that it’s never easy to manage the fear and stress that harassment can cause. However, if there are resources at your disposal, it’s best to use them as soon as possible.
If someone is intimidating or harassing you, or causing you to fear for your safety or the safety of your family or your property, you can file for apprehended violence orders. Under the Crimes Act 1900, there are two types of apprehended violence orders (AVO):
- Apprehended domestic violence order (ADVO), and
- Apprehended personal violence order (APVO)
An APVO is an order suitable where no domestic relationship exists, such as protection against neighbours or a co-worker. On the other hand, an ADVO applies where a domestic relationship exists between the parties. You can use this order if a spouse, ex-partner, or parent harasses or abuses you.
How Can I Apply for an AVO?
To apply for an AVO, you can contact the police or go to the Local Court for help with making your own application (Part 10, Divisions 2 & 3).
Once you have contacted the authorities, they can help you get an interim (temporary) order. This order takes effect when the defendant receives a copy of the order. It remains in force until the matter is heard by the court. If no violence is involved, the court at any time can refer the parties to mediation.
At court, if the application is successful, courts will make a final order. This final order will have effect for the period of time specified in the order or, if not specified, it can last for 12 months or up to two years depending on the magistrate.
The magistrate takes into consideration the circumstances of the matter and requests made by the applicant. Before the period of the AVO ends, should circumstances change, either party may apply to have the order varied or revoked.
I Have an Avo Against Me! What Do I Do?
If you have an AVO against you, it is not a criminal record in itself. However, breaching the AVO will lead to a criminal record. If a person breaches an AVO, authorities can arrest them and charge a fine of up to $5500. Moreover, if the incident involves violence, they can be imprisoned for up to 2 years.
If you want to appeal your AVO, the best way to deal with this is to seek advice from a lawyer.
Yeah, We Hate Harassers Too
Harassment is never okay — and victims of such an act should get all the help they need and deserve. As we said, it’s important to stay up to date with harassment laws in NSW or in any other state. This is a good first step if you want to identify what form of harassment you experienced.
Second, you can apply for an AVO which contains various conditions that suit your individual circumstances. AVOs are famous for prohibiting the harassers from contacting you or coming to your home. It can also protect other people such as family members if they are also being targeted.
JB Solicitors has a leading team of experienced lawyers that can help with your harassment situation. We can offer you legal representation and legal advice on harassment laws NSW. We can also inform you of your rights. Do you have any more queries on harassment laws in NSW?
Contact us today.
