Sexual harassment FWC applications and sexual harassment court applications—interaction with anti‑discrimination laws
734B Sexual harassment FWC applications and sexual harassment court applications—interaction with anti‑discrimination laws
A person who alleges they have been sexually harassed in contravention of Division 2 of Part 3‑5A must not make either of the following applications:
a sexual harassment FWC application (other than an application that consists solely of an application for a stop sexual harassment order);
a sexual harassment court application;
in relation to particular conduct if:
an application or complaint under an anti‑discrimination law or the Australian Human Rights Commission Act 1986 has been made by, or on behalf of, the person in relation to the conduct; and
the application or complaint has not:
been withdrawn by the person who made the application; or
failed for want of jurisdiction.
A person who alleges they have been sexually harassed in contravention of Division 2 of Part 3‑5A must not make an application or complaint under an anti‑discrimination law or the Australian Human Rights Commission Act 1986 in relation to particular conduct if:
either of the following applications has been made by, or on behalf of, the person in relation to the conduct:
a sexual harassment FWC application (other than an application that consists solely of an application for a stop sexual harassment order);
a sexual harassment court application; and
the application referred to in paragraph (a) has not:
been withdrawn by the person who made the application; or
failed for want of jurisdiction.
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