Document ID: chunk:federal_register_of_legislation:F2024C01048:reg:37c
Version: federal_register_of_legislation:F2024C01048
Segment Type: reg
Provision Reference: reg 37C
Character Range: 39287–41329

37C  Application for authorised application officer to deal with a sexual harassment dispute
 (1) In this section:
eligible defence member means a defence member within the meaning of the Defence Force Discipline Act 1982.
 (2) If:
 (a) an eligible defence member (the aggrieved person) alleges they have been sexually harassed in contravention of Division 2 of Part 3‑5A of the Fair Work Act 2009 by one or more other persons (a respondent); and
 (b) the aggrieved person was an eligible defence member at the time the sexual harassment allegedly occurred; and
 (c) each of the respondents is an eligible defence member, and was an eligible defence member at the time the sexual harassment allegedly occurred;
the aggrieved person may apply to an authorised application officer for a stop sexual harassment direction to be made.
 (3) If:
 (a) an eligible defence member (the aggrieved person) alleges they have been sexually harassed in contravention of Division 2 of Part 3‑5A of the Fair Work Act 2009 by one or more other persons (a respondent); and
 (b) the aggrieved person was an eligible defence member at the time the sexual harassment allegedly occurred; and
 (c) the sexual harassment is alleged to have occurred at a Defence workplace;
the aggrieved person may apply to an authorised application officer for a stop sexual harassment direction to be made.
 (4) If:
 (a) a person (the aggrieved person) alleges they have been sexually harassed in contravention of Division 2 of Part 3‑5A of the Fair Work Act 2009 by one or more other persons (a respondent); and
 (b) the Fair Work Commission would be prevented, by a declaration under section 527N of the Fair Work Act 2009, from making an order under section 527J of that Act in relation to the alleged harassment; and
 (c) the activity to which the declaration applies is a naval, military or air force operation or practice (whether warlike or not warlike);
the aggrieved person may apply to an authorised application officer for a stop sexual harassment direction to be made.