734BSexual 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

(1) 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) a sexual harassment FWC application (other than an application that consists solely of an application for a stop sexual harassment order);

(b) a sexual harassment court application;

in relation to particular conduct if:

(c) 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

(d) the application or complaint has not:

(i) been withdrawn by the person who made the application; or

(ii) failed for want of jurisdiction.

(2) 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:

(a) either of the following applications has been made by, or on behalf of, the person in relation to the conduct:

(i) a sexual harassment FWC application (other than an application that consists solely of an application for a stop sexual harassment order);

(ii) a sexual harassment court application; and

(b) the application referred to in paragraph (a) has not:

(i) been withdrawn by the person who made the application; or

(ii) failed for want of jurisdiction.