Industrial Relations Commission Regulations 2005

A stop sexual harassment application made by an aggrieved person under section 51BT(1)(a) of the Act must —

be in the approved form; and

provide details of the following respondents to the application —

the person conducting a business or undertaking for whom the aggrieved person carries out work or seeks to carry out work;

each individual alleged to be sexually harassing the aggrieved person in connection with work;

if the behaviour of an individual referred to in subparagraph (ii) occurs in relation to that individual’s work — the person conducting a business or undertaking for whom the individual carries out the work;

have attached to it the particulars approved by the Chief Commissioner from time to time.

Subregulation (1)(b)(i) and (iii) do not apply if the aggrieved person is the person who conducts the business or undertaking referred to in those subparagraphs.

Unless the Commission otherwise directs, the Registrar must serve a copy of the application and any accompanying documents on —

the respondent referred to in subregulation (1)(b)(i) as soon as practicable after the application is made; and

each respondent referred to in subregulation (1)(b)(ii) and (iii) within 1 day after a copy of the application is served under paragraph (a) or, if there is no respondent as referred to in subregulation (1)(b)(i), as soon as practicable after the application is made.

However, if the Registrar cannot serve a copy of the application on a respondent as required under subregulation (3), the Registrar must —

seek directions from the Chief Commissioner as to service of the copy of the application; and

comply with the Chief Commissioner’s directions as to service of the copy of the application.

A respondent who is served with a copy of the application and who wants to respond to the application must file a response in the approved form within 7 days after being served with the copy of the application.

A response must, in summary form, specify the facts on which the respondent relies and specifically admit or dispute, either with or without qualification, each part of the application.

Unless the Commission otherwise directs, the Registrar must, within 7 days after a respondent files a response, serve a copy of the response on each other party to the application.

At a hearing by the Commission of a stop sexual harassment application, a party who was served with a copy of the application and who did not file a response within the time allowed under these regulations may only be heard on the matters raised in the application and not on any other matter.