s527E: s 527E Take all reasonable steps to prevent sexual harassment by employees and agents
An employer or principal is treated as having done an act of sexual harassment committed by an employee or agent in connection with the employment or agency unless it proves it took all reasonable steps to prevent the employee or agent from doing such acts. The steps overlap the positive duty under the Sex Discrimination Act 1984 and the WHS duty to manage psychosocial risks.
Our statement of the clause of Australia Fair Work Act 2009 (Cth), held and verified: cite it as s527E. The instrument verbatim is not quoted here; the held framework carries the reading.
The evidence this duty asks you to hold
Risk assessment for sexual harassment and actions taken; Regular training, leadership communications and reporting channels; Records of preventive measures reviewed after complaints
What usually goes missing
Only a policy with no training or monitoring; No risk assessment of higher-risk settings (customer-facing, remote, alcohol); Repeat complaints against the same person unaddressed
Where this lands in an audit
In Equal Pay Auditor this control informs the same-work screen, the category figures and the remediation steps, which carry their article citations on the result.