Dismissal or other victimisation of employee or contractor assisting with or reporting breaches
174G Dismissal or other victimisation of employee or contractor assisting with or reporting breaches
An employer must not dismiss an employee or contractor, injure an employee or contractor in the employee's or contractor's employment or alter an employee's or contractor's position to the employee's or contractor's detriment because the employee or contractor—
has assisted or has given any information to a public agency in respect of a breach or alleged breach of an Australian road law; or
has made a complaint about a breach or alleged breach of an Australian road law to the employer, a fellow employee or fellow contractor, a trade union or a public agency.
An employer or prospective employer must not refuse or deliberately omit to offer employment to a prospective employee or prospective contractor or treat a prospective employee or prospective contractor less favourably than another prospective employee or prospective contractor would be treated in relation to the terms on which employment is offered because the first-mentioned prospective employee or contractor—
has assisted or has given any information to a public agency in respect of a breach or alleged breach of an Australian road law; or
has made a complaint about a breach or alleged breach of an Australian road law to a former employer, a former fellow employee or former fellow contractor, a trade union or a public agency.
A person commits an offence if—
the person engages in conduct that results in a contravention of subsection (1);
and
the person is an employer of the person concerned.
Maximum penalty: $10 000.
A person commits an offence if—
the person engages in conduct that results in a contravention of subsection (2);
and
the person is an employer or prospective employer of the person concerned.
Maximum penalty: $10 000.
In proceedings for an offence against this section, if all the facts constituting the offence other than the reason for the defendant's action are proved, the onus of proving that the defendant's action was not actuated by the reason alleged in the charge lies on the defendant.
If a person is found guilty of an offence against this section, the court may, in addition to imposing a penalty on the offender, make either or both of the following orders:
an order that the offender pay within a specified period to the employee or contractor or to the prospective employee or prospective contractor such damages as it thinks fit by way of compensation;
an order that—
the employee or contractor be reinstated or re-employed in the employee's or contractor's former position or (if that position is not available) in a similar position; or
the prospective employee or prospective contractor be employed in the position for which the prospective employee or prospective contractor had applied or (if that position is not available) in a similar position.
The maximum amount of damages cannot exceed the monetary jurisdictional limit of the court in civil proceedings.
In this section—
contractor means a natural person who works under a contract for services;
public agency means—
an
Australian authority; or
an authorised officer or police officer of any jurisdiction; or
any other public authority of any jurisdiction.
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