104Facilitating access to justice for victims of retaliation

104 Facilitating access to justice for victims of retaliation (1) This section applies to: (a) proceedings for compensation under section 102; or (b) proceedings for an injunctive remedy under section 103. (2) The court or Tribunal hearing the proceedings must consider, taking into account the matters mentioned in subsection (3), whether to exercise a power of the court or Tribunal: (a) to hold the proceedings in private; and (b) to prohibit the publication of evidence or information that may identify the victim or prospective victim. (3) The matters the court or Tribunal must take into account are: (a) the extent to which the identity of the victim or prospective victim is known; and (b) the increased risk of harm to the victim or prospective victim if their identity were more widely known as a result of the proceedings. (4) In addition to any other order the court or Tribunal may make, it may order that an apology be made, publicly or in private, to the victim or prospective victim, if the court or Tribunal considers an apology may assist to mitigate harm or prevent future harm to the victim or prospective victim. (5) For proceedings in a court, the court may award costs against the victim or prospective victim only if satisfied: (a) the victim or prospective victim issued the proceedings vexatiously or without reasonable cause; or (b) unreasonable conduct by the victim or prospective victim caused another party to incur the costs. Note for subsection (5) For costs in proceedings in the Civil and Administrative Tribunal, see Part 4,