See Fair Work Act s.789FF(1)(b)(ii)
For the Commission to be able to make an order to stop sexual harassment, it must be satisfied not only that a worker has been sexually harassed at work by an individual or individuals (the persons named in the application), but also that there is a risk that the worker will continue to be sexually harassed at work by that individual or those individuals.
It is not sufficient to satisfy the second condition in s.789FF(1)(b)(ii) to demonstrate that there is a risk of the applicant being sexually harassed at work by individuals other than those who have been found to have engaged in sexual harassment.[105]
Applying a dictionary definition, ‘risk’ means exposure to the hazard or chance of continued sexual harassment. Relevant considerations may include whether the worker is still in contact with the individual or individuals at work, and any action that may have been taken to deal with the behaviour.