Document ID: chunk:federal_register_of_legislation:F2024L00379:reg:87
Version: federal_register_of_legislation:F2024L00379
Segment Type: reg
Provision Reference: reg 87
Character Range: 88340–90552

87  Response to an application for an order to stop sexual harassment at work

Person named as employer or principal
 (1) The person named as an employer or principal in an application made under section 789FC of the Act for an order to stop sexual harassment at work must lodge with the FWC a response by the person to the application within 7 days after the day on which the person was served with the application.
Note 1: The response must be in the approved form: see rule 9.
Note 2: A person can be named in an application as an employer or principal of both the applicant and a person alleged to have engaged in sexual harassment. This subrule requires the employer or principal to lodge a response in either case.
Note 3: An application made under section 789FC of the Act includes an application made on or after 6 March 2023 under that section (as in force immediately before 6 March 2023) in relation to:
(a) the sexual harassment of a worker at work before 6 March 2023; or
(b) the sexual harassment of a worker at work on or after 6 March 2023, if the sexual harassment is part of a course of conduct that began before 6 March 2023.
See clause 60 of Schedule 1 to the Act.
 (2) The person may lodge one response by the person in respect of 2 or more applications made under section 789FC of the Act if:
 (a) the applications:
 (i) are lodged at the same time; and
 (ii) concern the same or substantially similar conduct; and
 (iii) name the person as the employer or principal; and
 (b) the substance of the response of the person is the same for each of the applications.

Person named as a person alleged to have engaged in sexual harassment
 (3) If a person named in an application under section 789FC of the Act as a person alleged to have engaged in sexual harassment wants to lodge a response to the application, the person must lodge with the FWC a response by the person within 7 days after the day on which the person was served with the application.
Note: A person named as a person alleged to have engaged in sexual harassment is not required to lodge a response. If the person chooses to lodge a response, the response must be in the approved form: see rule 9.

Division 4—General rules