23AResponse to an application for an order to stop bullying or sexual harassment

#### 23A Response to an application for an order to stop bullying or sexual harassment (1) The person named as an employer or principal in an application made under section 789FC of the Act must lodge with the Commission a response to the application within 7 calendar days after the day on which the person was served with the application. > Note 1: The response must be in the approved form—see subrule 8(2). > Note 2: A person can be named in an application as an employer or principal of both the applicant and the person alleged to have engaged in bullying behaviour or sexual harassment. This subrule requires the employer or principal to lodge a response in either case. (2) If: (a) 2 or more applications made under section 789FC of the Act: (i) are lodged at the same time; and (ii) concern the same or substantially similar conduct; and (iii) name the same employer or principal; and (b) the substance of the response of the employer or principal is the same for each of the applications; the employer or principal may lodge one response in respect of the applications. (3) If a person named in an application under section 789FC of the Act as allegedly engaging in bullying behaviour or sexual harassment wants to lodge a response to the application, the person must lodge the response with the Commission within 7 calendar days after the day on which the person was served with the application. > Note 1: The response must be in the approved form—see subrule 8(2). > Note 2: A person named as allegedly engaging in bullying behaviour or sexual harassment is not required to lodge this response. If the person chooses to lodge this response, the person must also serve a copy of the response in accordance with the requirements of Schedule 1. (4) A reference in this rule to an application made under section 789FC of the Act includes a reference to an application for an order to stop sexual harassment made under that section as that section continues to apply on and after 6 March 2023 in accordance with clause 60 of Schedule 1 to the Act.