47CDuty to eliminate unlawful sex discrimination etc.

#### 47C Duty to eliminate unlawful sex discrimination etc. Positive duty (1) An employer or a person conducting a business or undertaking (the duty holder) must take reasonable and proportionate measures to eliminate, as far as possible: (a) conduct covered by subsection (2) by persons covered by subsection (3); and (b) conduct covered by subsection (4). Conduct by duty holder, employees, workers and agents (2) For the purposes of subsection (1), this subsection covers the following conduct: (a) discrimination on the ground of a person’s sex that is unlawful under any of the following provisions: (i) subsection 14(1) or (2) (employment); (ii) section 15 (commission agents); (iii) section 16 (contract workers); (iv) section 17 (partnerships); (b) sexual harassment, or harassment on the ground of sex, that is unlawful under section 28B; (c) conduct that is unlawful under section 28M (hostile workplace environments); (d) acts of victimisation (within the meaning of section 47A) that relate to complaints, proceedings, assertions or allegations in relation to conduct mentioned in any of paragraphs (a) to (c) of this subsection. (3) For the purposes of paragraph (1)(a), this subsection covers the following persons: (a) the duty holder; (b) if the duty holder is an employer—the duty holder’s employees; (c) if the duty holder is a person conducting a business or undertaking—workers in the business or undertaking; (d) the duty holder’s agents. Other conduct towards employees and workers by any person (4) For the purposes of subsection (1), this subsection covers the following conduct: (a) sexual harassment, or harassment on the ground of sex, of persons covered by subsection (5) that is unlawful under subsection 28B(6) or (8); (b) conduct in workplaces where persons covered by subsection (5) work that is unlawful under section 28M (hostile workplace environments); (c) acts of victimisation (within the meaning of section 47A) against persons covered by subsection (5) that relate to complaints, proceedings, assertions or allegations in relation to conduct mentioned in any of paragraphs (2)(a) to (c). (5) For the purposes of subsection (4), this subsection covers the following persons: (a) if the duty holder is an employer—the duty holder’s employees; (b) if the duty holder is a person conducting a business or undertaking—workers in the business or undertaking. Matters to be taken into account (6) The following matters are to be taken into account in determining whether a duty holder complies with subsection (1): (a) the size, nature and circumstances of the duty holder’s business or undertaking; (b) the duty holder’s resources, whether financial or otherwise; (c) the practicability and the cost of measures to eliminate conduct covered by subsection (2) or (4); (d) any other relevant matter. Other duties not limited or otherwise affected (7) This section does not limit, or otherwise affect, a duty that a duty holder has under: (a) the Work Health and Safety Act 2011; or (b) a law of a State or Territory that deals with work health and safety. (8) Paragraph (7)(b) does not limit the operation of section 10 or 11.