Industrial Relations Act 1996

If the Commission convicts a person of an offence under this Division, the Commission may, if satisfied that a State organisation has suffered loss or damage as a result of the act or omission that constituted the offence, in addition to imposing a penalty, order the convicted person to pay compensation to the organisation in the amount that the Commission specifies.

If an officer of a State organisation contravenes a provision of this Division in relation to an organisation, the organisation may, whether or not the person has been convicted of an offence under this Division in relation to that contravention, recover from the officer as a debt due to the organisation by action in the Commission—

if that officer, or any other person made a profit as a result of the contravention or failure—an amount equal to that profit, and

if the organisation has suffered loss or damage as a result of the contravention or failure—an amount equal to that loss or damage.

In determining the amount of compensation to award under this section, the Commission must have regard to any amount that has been paid to the organisation or that the organisation is entitled to be paid by way of damages awarded in civil proceedings.