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(i) been withdrawn by the person who made the application; or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(i) been withdrawn by the person who made the application; or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