The Malaysian Lawyer

Several sections of the Anti-Sexual Harassment Act 2022 (“the Act”) have come into force from 28 March 2023.

The Act, which was first tabled in Parliament in December 2021 (“Malaysia’s Anti-Sexual Harassment Bill tabled in Parliament”), passed by the Dewan Rakyat (House of Representatives) in July 2022 (“Malaysia passes Anti-Sexual Harassment Bill with very minor amendments, despite widespread criticism”), and gazetted as an Act in October 2022, provides a right of redress for any person who has been sexually harassed, the establishment of a Tribunal for Anti-Sexual Harassment, and to raise awareness and prevent the occurrence of sexual harassment.

The sections which came into force yesterday are Sections 1, 2, 24, 25, and 26.

However, the majority of the Act, including the key sections on the establishment, jurisdiction, and proceedings of the Tribunal for Anti-Sexual Harassment are still not in force.

Section 1 is the short title and commencement, while Section 2 is the interpretation section. This includes the underlying definition of “sexual harassment” under the Act: “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”.

Sections 24 and 25 make up Part III of the Act in relation to the Administrator of Anti-Sexual Harassment. Section 24 states that the Secretary General of the Ministry responsible for women, family and community development shall be the Administrator of Anti-Sexual Harassment.

Section 25(1) sets out the functions of the Administrator, which are —

• to formulate policy or issue guidelines relating to the prevention or awareness of sexual harassment;
• to promote any activity including to request any person to display any notice at any place relating to the prevention or awareness of sexual harassment;
• to administer any matter relating to the prevention or awareness of sexual harassment; and
• to carry out any other functions for the betterment and proper implementation of this Act.

Section 25(2) grants the Administrator all such powers as may be necessary for, or in connection with, or incidental to, the performance of its functions under the Act.

Section 26 provides that the Minister may make such regulations as may be necessary or expedient in respect of the Tribunal, which includes prescribing the forms to be used in proceedings, and prescribing and imposing fees.

The Women, Family and Community Development Ministry issued a statement explaining that the Act would be enforced in stages.

Related posts:

• Case Update: A guide to how the Industrial Court assesses sexual harassment complaints
• Case Update: Employee dismissed after sexual harassment complaint deemed unfairly dismissed due to improper process
• Malaysia passes Anti-Sexual Harassment Bill with very minor amendments, despite widespread criticism
• Malaysia’s Anti-Sexual Harassment Bill tabled in Parliament