Section 130 - Dangerous Goods (Road and Rail Transport) Act 2010 - Dismissal or other victimisation of employee or contractor assisting with or reporting breaches

130Dismissal or other victimisation of employee or contractor assisting with or reporting breaches

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130 Dismissal or other victimisation of employee or contractor assisting with or reporting breaches

(1) An employer must not dismiss an employee or contractor, injure an employee or contractor in his or her employment or alter an employee’s or contractor’s position to his or her detriment because the employee or contractor –

(a) has assisted or has given any information to a public agency in respect of a breach or alleged breach of a requirement of this Act or a corresponding law; or

(b) has made a complaint about a breach or alleged breach of a requirement of this Act or a corresponding law to the employer, a fellow employee or fellow contractor, a trade union or a public agency.

(2) An employer or prospective employer must not refuse or deliberately omit to offer employment to a prospective employee or prospective contractor or treat a prospective employee or prospective contractor less favourably than another prospective employee or prospective contractor would be treated in relation to the terms on which employment is offered because the first-mentioned prospective employee or prospective contractor –

(a) has assisted or has given any information to a public agency in respect of a breach or alleged breach of a requirement of this Act or a corresponding law; or

(b) has made a complaint about a breach or alleged breach of a requirement of this Act or a corresponding law to a former employer, a former fellow employee or former fellow contractor, a trade union or a public agency.

(3) A person who is an employer of the person concerned must not engage in conduct that results in a contravention of subsection (1) .

Penalty: In the case of –

(a) a body corporate, a fine not exceeding 420 penalty units; or

(b) an individual, a fine not exceeding 85 penalty units.

(4) A person who is an employer or prospective employer of the person concerned must not engage in conduct that results in a contravention of subsection (2) .

Penalty: In the case of –

(a) a body corporate, a fine not exceeding 420 penalty units; or