Understanding Anti-Sexual Harassment Act 2022
UNDERSTANDING ANTI-SEXUAL HARASSMENT ACT 2022
The purpose of this Act is to provide for a right of redress for any person who has been sexually harassed, the establishment of the Tribunal for Anti-Sexual Harassment, to raise awareness and to prevent the occurrence of sexual harassment, and to provide for related matters.
This Act is enforced by the Ministry of Women, Family and Community Development.
Sexual harassment under this Act is defined as any unwanted conduct of a sexual nature, in any form, whether verbal, non-verbal, visual, gestural or physical, directed at a person which is reasonably offensive or humiliating or is a threat to his well-being;
There will be a Tribunal comprising of three panel members to hear a case and to give an award. The Tribunal must comprise of at least one woman. The Tribunal shall have jurisdiction to hear and determine any complaint of sexual harassment made by any person
Under section 10 of the Act, any person may lodge a complaint of sexual harassment with the Tribunal in a prescribed form together with a prescribed fee. Upon a complaint of sexual harassment being lodged under section 10, the Secretary to the Tribunal shall give a written notice in the prescribed form to the complainant and the respondent of the details of the day, time and place of the hearing.
No party shall be represented by an advocate and solicitor at a hearing unless, in the opinion of the Tribunal, the matter in question involves complex issues of law. If one party is allowed to be represented by an advocate and solicitor, the other party shall also be so entitled.
A party who is a minor or any person under a disability may be represented by his next friend or guardian ad litem.
All hearings before the Tribunal shall be closed to the public.
Section 15: Tribunal may act in absence of party
The Tribunal may hear and determine a complaint of sexual harassment before it notwithstanding the absence of any party to the proceedings if it is proved to the satisfaction of the Tribunal that a notice of the hearing has been duly served on the absent party.
In some instance, the Tribunal may assist the parties to negotiate an agreed settlement in relation to the complaint of sexual harassment. Where the parties reach an agreed settlement, the Tribunal shall approve and record the agreed settlement and the agreed settlement shall then take effect as if it is an award of the Tribunal.
However, the Tribunal shall proceed to determine the complaint of sexual harassment if: (a) it appears to the Tribunal that it would not be appropriate for the Tribunal to assist the parties to negotiate an agreed settlement in relation to the complaint of sexual harassment; or (b) the parties are unable to reach an agreed settlement in relation to the complaint of sexual harassment
The Tribunal shall make its award without delay and, where practicable, within sixty days (60) from the first day the hearing before the Tribunal commences.
Section 20: Order
The Tribunal may make any one or more of the following orders: (a) an order for the respondent to issue a statement of apology to the complainant as specified in the order; (b) if the complaint related to any act of sexual harassment which was carried out in public, an order for the respondent to publish a statement of apology to the complainant in any manner as specified in the order; (c) an order for the respondent to pay any compensation or damages not exceeding two hundred and fifty thousand ringgit for any loss or damage suffered by the complainant in respect of the act of sexual harassment; or (d) an order for the parties to attend any programme as the Tribunal thinks necessary.
Section 21: Criminal penalty for failure to comply with award
(1) Any person who fails to comply with an award made by the Tribunal within thirty days from the date on which the award was made, commits an offence and shall, on conviction, be liable to any of the following: (a) in the case where any compensation or damages is ordered by the Tribunal, a fine which is two times the total amount of the compensation or damages, or to imprisonment for a term not exceeding two years, or to both; or (b) in the case where no compensation or damages is ordered by the Tribunal, a fine not exceeding ten thousand ringgit, or to imprisonment for a term not exceeding two years, or to both.
(2) In the case of a continuing offence, the person shall, in addition to the penalties specified under subsection (1), be liable to a fine not exceeding one thousand ringgit for each day or part of a day during which the offence continues after the conviction. Section 23: Challenging award on ground of serious irregularity
(1) Any party to the proceedings of the Tribunal may, upon notice to the other party and to the Tribunal, apply to the High Court challenging an award in the proceedings only on the ground of serious irregularity affecting the award.
(2) If there is shown to be serious irregularity affecting the award, the High Court may- (a) remit the award to the Tribunal, in whole or in part, for reconsideration; or (b) set aside the award in whole or in part.