Document ID: chunk:federal_register_of_legislation:F2024C01048:reg:37d
Version: federal_register_of_legislation:F2024C01048
Segment Type: reg
Provision Reference: reg 37D
Character Range: 41329–43967

37D  Dealing with an application
 (1) This section applies if a person (the applicant) makes an application under section 37C to an authorised application officer.
 (2) The authorised application officer must either:
 (a) deal with the application by:
 (i) considering the application; and
 (ii) deciding whether to issue a stop sexual harassment direction; or
 (b) refer the application to another authorised application officer to deal with under paragraph (a).
Note: An authorised application officer may make an interim direction while the application is being considered (see section 37E).
 (3) However, an authorised application officer may decide not to deal with or refer the application under subsection (2) if the authorised application officer considers that:
 (a) doing so would be, or could reasonably be expected to be, prejudicial to:
 (i) Australia's defence; or
 (ii) Australia's national security; or
 (b) a declaration under section 527P (declarations by the Director‑General of Security) or 527Q (declarations by the Director‑General of ASIS) of the Fair Work Act 2009 would prevent the Fair Work Commission making an order under section 527J of that Act in respect of the allegation of sexual harassment made in the application.

Time limits for dealing with and making a decision on an application
 (4) Subject to subsection (3), the authorised application officer to whom an application is made, or an authorised application officer to whom an application is referred under paragraph (2)(b), must start dealing with the application within 14 days of the making of the application.
 (5) The authorised application officer who deals with the application must make a decision under subparagraph (2)(a)(ii) within 60 days of the making of the application.
 (6) If the authorised application officer does not make the decision within the period mentioned in subsection (5), the authorised application officer is taken to have made, at the end of that period, a decision not to issue a stop sexual harassment direction in relation to the application.

Notice of decision not to issue a stop sexual harassment direction
 (7) If an authorised application officer decides under subparagraph (2)(a)(ii) not to issue a stop sexual harassment direction in relation to the application, or decides under subsection (3) not to deal with or refer the application, the authorised application officer:
 (a) must give written notice of the decision to the applicant; and
 (b) may give written notice of the decision to any other person who is responsible for dealing with the allegation of sexual harassment made in the application.