Environment Protection and Biodiversity Conservation Act 1999

In performing his or her duties as a commissioner, a commissioner has the same protection and immunity as a Justice of the High Court.

A person appearing before a commission as a witness at an inquiry:

has the same protection as a witness in proceedings in the High Court; and

is subject to the same liabilities in any civil or criminal proceedings as such a witness (in addition to the penalties provided by this Division).

A person must not:

use violence to or inflict injury on; or

cause or procure violence, damage, loss or disadvantage to; or

cause or procure the punishment of;

An employer must not dismiss an employee, or prejudice an employee in his or her employment, because the employee appeared as a witness or gave any submission or evidence at an inquiry by a commission.

An employer must not dismiss or threaten to dismiss an employee or prejudice, or threaten to prejudice, an employee in his or her employment, because the employee proposes to appear as a witness or to give a submission or evidence at an inquiry by a commission.

A person who contravenes subsection (3), (4) or (5) commits an offence punishable on conviction by imprisonment for not more than 6 months, a fine of not more than 30 penalty units, or both.

Subsection 4B(3) of the Crimes Act 1914 lets a court fine a body corporate up to 5 times the maximum amount the court could fine a person under this subsection.

In proceedings arising out of subsection (4), the employer has the burden of proving that the employee was not dismissed or prejudiced because the employee appeared as a witness or gave a submission or evidence at an inquiry by a commission, if it is established that:

the employee was dismissed from, or prejudiced in, his or her employment; and

before the employee was dismissed or prejudiced, the employee appeared as a witness, or gave any submission or evidence, at an inquiry by a commission.

In any proceedings arising out of subsection (5), the employer has the burden of proving that the employee was not dismissed, prejudiced in his or her employment or threatened with dismissal or prejudice because the employee proposed to appear as a witness or give evidence at an inquiry by a commission, if it is established that:

the employee was dismissed, prejudiced or threatened; and

the employee made the proposal before the employee was dismissed, prejudiced or threatened.

Subsections (4) and (5) do not limit subsection (3).