Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(1) This regulation sets out the circumstances in which subsection 527F(3) of the Act does not prevent a person referred to in subsection 527F(2) of the Act from applying for the FWC to make a stop sexual harassment order in relation to a dispute if the aggrieved person in relation to the alleged contravention that is the subject of that dispute was a defence member at the time the contravention allegedly occurred.
(2) The person is not prevented from making the application if at least one of the respondents in relation to the alleged contravention:
(a) was not a defence member at the time the contravention allegedly occurred; or
(b) is not a defence member at the time the application is made.
(3) The person is also not prevented from making the application if a respondent in relation to the alleged contravention was a defence member at the time the contravention allegedly occurred and at least one of the following circumstances exist:
(a) in response to a request by the aggrieved person under section 37G of the Defence Regulation 2016 for a review of a decision made in response to an application for a stop sexual harassment direction under section 37C of those Regulations, either:
(i) a stop sexual harassment direction is not issued in relation to that request; or
(ii) a stop sexual harassment direction is issued in relation to that request, and the person is dissatisfied with the direction;
(b) the person is not eligible to use the process under Part 6A of the Defence Regulation 2016 to resolve the dispute;
(c) the process under Part 6A of the Defence Regulation 2016 is available to the person to resolve the dispute but is not suitable because:
(i) a respondent in relation to the alleged contravention would be involved in conducting the process; and
(ii) there is no other person that is authorised or empowered under that Part to conduct the process in place of the respondent.
Note: Paragraph (b) may apply, for example, if the person is undertaking a placement in a workplace that is not a Defence workplace.
(4) In this regulation:
"defence member" has the same meaning as in the Defence Force Discipline Act 1982 .