Steel v Director General, NSW Department of Premier and Cabinet

The case of Steel v Director General, NSW Department of Premier and Cabinet involved an applicant, Steel, seeking leave for a complaint of sexual harassment to proceed against the Director General of the NSW Department of Premier and Cabinet. The central issue in this matter was whether the conduct complained of could be characterised as conduct of a sexual nature, a critical element for establishing sexual harassment under the relevant legislation. The court was tasked with examining the specific incidents and determining whether they met the legal threshold for sexual harassment.

The primary legal issue the court had to resolve was whether the actions alleged by the applicant constituted conduct of a sexual nature. This required a detailed examination of the context and nature of the interactions between the parties, as well as an assessment of whether these interactions were of a sexual nature and unwelcome. The court needed to consider the statutory definition of sexual harassment and whether the conduct fell within that definition, particularly in terms of being unwanted or offensive conduct of a sexual nature.

The court examined the detailed evidence and submissions from both parties and concluded that the conduct alleged did not meet the necessary criteria to be considered conduct of a sexual nature. The court found that while the interactions may have been inappropriate, they did not constitute conduct of a sexual nature as required by the legislation. Consequently, the court ruled that the applicant's complaint of sexual harassment did not satisfy the legal requirements to proceed and dismissed the application for leave. The court's decision was based on its interpretation of the relevant legal standards and the evidence presented, leading to the refusal of leave for the complaint to proceed.