63Retribution by employer

63 Retribution by employer

63 Retribution by employer

(1) An employer who dismisses an employee from his or her employment, or prejudices any employee in his or her employment, for or on account of the employee assisting the Children’s Guardian is guilty of an indictable offence.

Maximum penalty—200 penalty units or imprisonment for 5 years, or both.

(2) In proceedings for an offence against subsection (1), it lies on the employer to prove that any employee shown to have been dismissed or prejudiced in his or her employment was so dismissed or prejudiced for some reason other than the reasons mentioned in subsection (1).

(3) In this section, a reference to a person assisting the Children’s Guardian is a reference to a person who—

(a) has appeared, is appearing or is to appear as a witness before the Children’s Guardian, or

(b) has complied with or proposes to comply with a requirement under Part 5 of Schedule 2, or

(c) has assisted, is assisting or is to assist the Children’s Guardian in some other manner.

s 63: Am 2020 No 24, Sch 1.1[8].