Offence of taking detrimental action against workers
121 Offence of taking detrimental action against workers
A person who conducts a business or other undertaking must not take or threaten to take detrimental action against a worker of the business or other undertaking because—
the worker has given information to a Formal Review; or
the person believes that the worker has given or will give information to a Formal Review.
Penalty: 120 penalty units or imprisonment for 12 months.
Notes
1 See also section 72 of the Criminal Procedure Act 2009, which deals with the evidential burden of proof.
2 Section 128 applies to an offence against this subsection.
It is a defence in a proceeding for an offence against subsection (1) if the reason referred to in subsection (1)(a) or (b) was not a substantial reason for the detrimental action.
Subsection (1) does not apply if a person takes or threatens to take detrimental action against a worker because—
the worker unlawfully gave information to a Formal Review; or
the worker contravened section 120 in respect of the information given to a Formal Review.
This Act’s bill:Explanatory memorandumSecond reading speech
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