16Special civil remedy against the Crown

16 Special civil remedy against the Crown

(1) Where a member considers that the Crown (whether in right of the Commonwealth or of a State) has failed to comply with a provision of this Part requiring the member to be permitted to resume work, or to be reinstated in employment, under the conditions prescribed by this Part or prohibiting the termination or variation of the member’s employment, the member may apply to a court of summary jurisdiction, constituted by a Police, Stipendiary or Special Magistrate, for compensation. (2) The court shall hear the application and, if it finds that there has been a failure to comply with any provision referred to in the last preceding subsection, the court may order that the Crown shall pay to the member such amount by way of compensation as the court thinks reasonable. (3) Proceedings may be taken upon an order under this section as if the order were a judgment or order of the court in favour of the member. (4) The regulations may make provision with respect to the practice and procedure of a court referred to in subsection (1) of this section in relation to applications under this section.