186Compensation orders

186  Compensation orders

 (1) The Federal Court or the Federal Circuit and Family Court of Australia (Division 2) may order an entity to compensate an individual for serious injury or illness if:

 (a) the entity is liable to a civil penalty for contravening subsection 179(3) or (5); and

 (b) the serious injury or illness resulted from the contravention.

 (2) The court may make the order only if:

 (i) the Commissioner applies for an order under this section with the consent of the individual; or

 (ii) the individual applies for an order under this section; and

 (b) the application is made within 6 years after the day the contravention occurred.

 (3) If the court makes the order, the amount of compensation specified in the order that is to be paid to the individual may be recovered as a debt due to the individual.