Emergency Management Act 2005

In this section —

The following persons may apply to the court for an order under this section in respect of a contravention of section 93(1) —

the person directly affected by the contravention;

an organisation or an association of which that person is a member.

If the court is satisfied that the employer has contravened section 93(1), the court may order the employer —

to reinstate the person if he or she was dismissed from employment; or

subject to subsection (6), to pay to the person compensation for any loss or injury suffered as a result of the contravention; or

to pay to the Treasurer an amount not exceeding $50 000,

The standard of proof to be applied in determining whether there has been a contravention of section 93(1) is the standard observed in civil proceedings.

A person is not entitled to compensation both under this section and otherwise for the same dismissal, loss or injury.

The court does not have jurisdiction under subsection (3)(b) to order that there be paid —

to an employee who has been dismissed, any amount exceeding 6 months’ remuneration of the employee; and

in any other case, any amount exceeding $5 000 or such other amount as is prescribed by the regulations.

For the purposes of subsection (6)(a) the court may calculate the amount on the basis of an average rate of remuneration received during any relevant period of employment.

A person must comply with an order made against him or her under this section.

a fine of $50 000;

for each separate and further offence committed by the person under the Interpretation Act 1984 section 71, a fine of $5 000.