The Queensland Anti-Discrimination Act 1991 was enacted to promote fair treatment and equality of opportunity by making unfair discrimination and all forms of sexual harassment against the law. It gives all of us the right to be treated fairly and to take action if unlawful discrimination or sexual harassment occurs. A federal act also exists, and is known as Commonwealth Sex Discrimination Act (1984). The State Act states that "a person must not sexually harass another person". As such, there are two elements to sexual harassment, unlawful harassment and with intent. The first element, unlawful harassment, is defined broadly and includes subjecting another to uninvited physical intimacy, demanding or requesting sexual favours, making a remark with sexual connotations and engaging in unwelcome conduct of sexual nature. The second element is acknowledged as with intent. This element states that the person who commits the harassment must intend to humiliate, offend or intimidate the complainant and/or the harassment must be of a kind that a reasonable person must think that the complainant might be humiliated, offended or intimidated by it. Furthermore, sexual harassment doesn't have to be repeated or ongoing to be against the law. Some actions or remarks are so offensive that they're clearly sexual harassment, even if they're not repeated. Other incidents, such as an unwanted invitation or compliment, are probably not harassment if they are ‘one-offs’.
These laws were written in response to a number of cases where employees, particularly female employees, were made to feel uncomfortable in the workplace by harassment of a sexual nature. This type of conduct was discouraging women from entering the work force. By introducing laws against sexual harassment, the law aims to stop all members of society being susceptible to, or discouraged by sexual harassment. Furthermore, the element of unlawful harassment is described broadly. This ensures the protection of society from atypical behaviour, and bizarre acts which may never have been thought of. Subsequently, it remains obvious that attributable to sexual harassment being regulated broadly it continues to maintain its aims and objectives.
However, it may be said that sexual harassment legislation has gone too far. People may feel intimidated to interact or make contact with another individual. This may be a result of defining unlawful harassment generally, rather than narrowly, an as such many situations may be seen as or closely related to sexual harassment. Nonetheless, this predicament has been rectified by means of the second element, with intent. This element counteracts any exaggerations and dramatizations made by the complainant. Therefore, sexual harassment legislation essentially prevails in any given situation, thus being easily interpreted by the courts.
In conclusion, the law regarding sexual harassment is sufficient and requires no amendments. It covers each and all situations of unwanted remarks with sexual implications and forced sexual contact. In addition, it neutralises any embellishments made by the complainant, thus cannot be manipulated by someone vengeful and exaggeratory. Consequently, legislators have been clear and precise in the consideration of sexual harassment laws and what is required, and as a result current legislation needs no further changes.
