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FAIR WORK ACT 2009 - SECT 527CA

Concurrent operation of State and Territory laws

  (1)   This Part does not exclude or limit the operation of a law of a State or Territory that is capable of operating concurrently with this Part.

  (2)   Without limiting subsection   (1), this Part does not exclude or limit the concurrent operation of a law of a State or Territory to the extent that:

  (a)   the law makes an act or omission:

  (i)   an offence; or

  (ii)   subject to a civil penalty; and

  (b)   that (or any similar) act or omission constitutes a contravention of a civil remedy provision of this Part.

  (3)   Without limiting subsection   (1), this Part does not exclude or limit the concurrent operation of a law of a State or Territory to the extent that the law allows an application to be made to a person, court or body:

  (a)   for an order or other direction (however described) to prevent a person from being sexually harassed; or

  (b)   to deal with a dispute relating to an allegation that a person has been sexually harassed (whether or not by arbitration).

For this purpose, it is irrelevant whether:

  (c)   sexual harassment has a different meaning for the purposes of the law to the meaning it has for the purposes of this Act; or

  (d)   the law describes the conduct prevented, or to which the dispute relates, as sexual harassment.

Note 1:   An order made under this Part, or under Division   2 of Part   4 - 1 in relation to a contravention of this Part, will prevail over any order or other direction made by a person, court or body under a law of a State or Territory, to the extent of any inconsistency.

Note 2:   Generally, section   734B prevents multiple applications or complaints under both this Act and State and Territory anti - discrimination laws in relation to the same conduct.

  (4)   Section   26 has effect subject to this section.


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