Document ID: chunk:federal_register_of_legislation:F2024C01048:reg:37e
Version: federal_register_of_legislation:F2024C01048
Segment Type: reg
Provision Reference: reg 37E
Character Range: 43967–46078

37E  Interim directions
 (1) This section applies if:
 (a) a person (the applicant) makes an application under section 37C; and
 (b) an authorised application officer is considering the application.
 (2) An authorised application officer may issue one or more interim directions under this section if the authorised application officer is satisfied that:
 (a) there is a plausible allegation that the applicant has been sexually harassed in contravention of Division 2 of Part 3‑5A of the Fair Work Act 2009; and
 (b) the applicant has a reasonable apprehension that the applicant will continue to be subject to sexual harassment in contravention of that Division.
 (3) An interim direction:
 (a) must be in writing; and
 (b) may apply to one or more people (who may be respondents or other people); and
 (c) must set out the actions that the person, or each of the people, to whom it applies is required to do, or not to do, in order to comply with the interim direction.
 (4) A copy of an interim direction:
 (a) must be given to the applicant; and
 (b) must be given to the person, or each person, to whom it applies; and
 (c) may be given to the commanding officer or supervisor of the person, or each person, to whom it applies; and
 (d) may be given to any other person who is responsible for dealing with the allegation of sexual harassment made in the application.
 (5) The requirements set out in an interim direction under paragraph (3)(c) must be:
 (a) reasonable; and
 (b) necessary or desirable for the purpose of protecting the applicant from the risk of sexual harassment while the application is being considered.
 (6) An interim direction continues in force until:
 (a) an authorised application officer issues a stop sexual harassment direction in response to the application; or
 (b) an authorised application officer decides not to issue a stop sexual harassment direction in response to the application; or
 (c) the applicant withdraws the application; or
 (d) the interim direction is revoked.
Note: For variation and revocation, see subsection 33(3) of the Acts Interpretation Act 1901.