Document ID: chunk:federal_register_of_legislation:F2024C01048:reg:37f
Version: federal_register_of_legislation:F2024C01048
Segment Type: reg
Provision Reference: reg 37F
Character Range: 46078–48605

37F  Stop sexual harassment directions
 (1) An authorised application officer may issue one or more stop sexual harassment directions if:
 (a) a person (the applicant) makes an application under section 37C; and
 (b) the authorised application officer is satisfied that:
 (i) the applicant has been sexually harassed in contravention of Division 2 of Part 3‑5A of the Fair Work Act 2009 by one or more people; and
 (ii) there is a risk that the applicant will continue to be sexually harassed in contravention of that Division by the person or people.
 (2) A stop sexual harassment 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 direction; and
 (d) may include recommendations to one or more people; and
 (e) may specify a day on which the direction ceases to have effect, unless earlier revoked.
Note: For variation and revocation, see subsection 33(3) of the Acts Interpretation Act 1901.
 (3) A copy of a stop sexual harassment direction:
 (a) must be given to the applicant; and
 (b) must be given to the person, or each person, to whom the direction applies; and
 (c) may be given to the commanding officer or supervisor of the person, or each person, to whom the direction applies; and
 (d) may be given to any person who is responsible for dealing with the allegation of sexual harassment made in the application; and
 (e) if the direction includes recommendations to one or more people under paragraph (2)(d)—must be given to that person, or to each such person.
 (4) Without limiting the requirements that may be set out in a stop sexual harassment direction under paragraph (2)(c), a stop sexual harassment direction may require any of the following:
 (a) a respondent to cease engaging in specified behaviour;
 (b) regular monitoring of behaviour;
 (c) the provision of information, support and training to workers;
 (d) a safety risk assessment of a workplace;
 (e) a review of workplace policies or culture.
 (5) Without limiting the recommendations that may be included in a stop sexual harassment direction under paragraph (2)(d), a stop sexual harassment direction may recommend management, administrative or disciplinary action.
 (6) If a stop sexual harassment direction specifies a day on which the direction ceases to have effect, the direction ceases to have effect on that day.