Corrective Services Act 2006

This section applies if the tribunal decides a protected defendant contravened the Anti-Discrimination Act in relation to an offender.

The tribunal may make a compensation order only if it—

finds that the contravention happened because of an act or omission done or made in bad faith; and

considers that no non-compensatory order effectively redresses the offender for the contravention.

If the tribunal decides to make a compensation order, it must give the protected defendant and the offender written reasons that no non-compensatory order effectively redresses the offender for the contravention.

Also, if the tribunal decides to make a compensation order—

the tribunal can not require that payment of an amount of compensation, or interest on an amount of compensation, be paid directly to the offender; and

the order has effect as an award of compensation only for part 12B; and

the offender has no property or interest in the compensation.

In this section—compensation order means an order under the Anti-Discrimination Act, section 209(1)(b).non-compensatory order means an order under the Anti-Discrimination Act, section 209(1) other than a compensation order.