105Vicarious liability

105 Vicarious liability (1) If: (a) a worker of a person does an act in connection with the person's work that is unlawful under this Act; or

Anti-Discrimination Act 1992 59 (b) an agent of a person does an act in connection with the person's duties as an agent that is unlawful under this Act, this Act applies in relation to the person as if the person had also done the act. (2) Subsection (1) does not apply if the person shows that the person took all reasonable steps to prevent the worker or agent from doing the act referred to in that subsection. (3) For the purposes of subsection (2) and without limiting the matters that may be taken into account in determining whether the person has taken all reasonable steps, the following matters are to be considered: (a) the provision of anti-discrimination training by the person; (b) the development and implementation of an equal employment opportunity management plan by the person; (c) the publication of an anti-discrimination policy by the person; (d) the financial circumstances of the person; (e) the number of workers and agents of the person. (4) If, after the hearing of a complaint, the Tribunal finds that prohibited conduct alleged in the complaint is substantiated in respect of an act that a person is taken to have done under subsection (1), the Tribunal must, before making an order that an amount be paid to the complainant for loss or damage caused by the prohibited conduct: (a) consider the extent of steps taken by the person to prevent the prohibited conduct; and (b) take those steps into consideration in determining the proportion of the amount to be paid to the complainant by the person.