210Freedom from victimisation

#### 210 Freedom from victimisation 210 Freedom from victimisation > > (1) An employer or industrial organisation must not victimise an employee or prospective employee because the person— > > > > > (a) is or was a member or an official of an industrial organisation of employees or otherwise an elected representative of employees, or > > > > > (b) does not belong to an industrial organisation of employees or holds a certificate of conscientious objection to becoming a member of an industrial organisation of employees, or > > > > > (c) engages or proposes to engage in industrial organising activities, or > > > > > (d) refuses to engage in industrial action or another industrial organising activity, or > > > > > (e) participates or proposes to participate in proceedings relating to an industrial matter, or > > > > > (f) exercises or proposes to exercise functions conferred under this Act, or > > > > > (g) has a role or responsibility under industrial relations legislation or an industrial instrument, or > > > > > (h) engages in or proposes to engage in a public or political activity, unless it interferes with the performance of the employee’s duties, or > > > > > (i) is entitled to a benefit or claims a benefit to which the person is entitled under industrial relations legislation or an industrial instrument, or > > > > > (j) is entitled to a benefit or claims a benefit— > > > > > > > (i) under either or both of the following— > > > > > > > > > (A) the [Workers Compensation Act 1987](/view/html/inforce/current/act-1987-070), > > > > > > > > > (B) the [Workplace Injury Management and Workers Compensation Act 1998](/view/html/inforce/current/act-1998-086), or > > > > > > > (ii) in relation to other entitlements for a workplace injury, or > > > > > (k) has a characteristic protected from discrimination under the [Anti-Discrimination Act 1977](/view/html/inforce/current/act-1977-048), or > > > > > (l) makes a complaint or inquiry— > > > > > > > (i) about the person’s employment, or > > > > > > > (ii) to a public authority about the person’s employer, including about matters other than about the person’s employment, or > > > > > (m) makes a complaint about a workplace matter that the person considers is not safe or a risk to health or exercises functions under the [Work Health and Safety Act 2011](/view/html/inforce/current/act-2011-010), Part 5, or > > > > > (n) informs a person of an alleged breach by an employer of industrial relations legislation or of an industrial instrument, or > > > > > (o) informs a person of an alleged breach of the [Protection of the Environment Operations Act 1997](/view/html/inforce/current/act-1997-156) by an employer, or > > > > > (p) informs a person of or gives evidence in relation to a notifiable occurrence within the meaning of the [Rail Safety National Law (NSW)](/view/html/inforce/current/act-2012-82a), or > > > > > (q) informs a person of or gives evidence in relation to a breach or alleged breach of the [Dangerous Goods (Road and Rail Transport) Act 2008](/view/html/inforce/current/act-2008-095) or the regulations under that Act, or a provision of a law of another State or Territory that corresponds to that Act or those regulations, or > > > > > (r) reports a matter relating to the safety or reliability of railway, bus or ferry operations to the Chief Investigator, within the meaning of the [Transport Administration Act 1988](/view/html/inforce/current/act-1988-109), or a person employed in the Transport Service, or > > > > > (s) assists the Independent Pricing and Regulatory Tribunal or Scheme Administrator in the exercise of its functions under the [Electricity Supply Act 1995](/view/html/inforce/current/act-1995-094). > > > (2) The matters referred to in subsection (1)(m)–(s) do not limit the kind of complaint or inquiry referred to in subsection (1)(l). > > > (3) Subsection (1)(j) does not apply to matters concerning the dismissal of an employee to which the [Workers Compensation Act 1987](/view/html/inforce/current/act-1987-070), Part 8 applies. > > **s 210:** Am 1997 No 156, Sch 4.7; 2000 No 40, Sch 2.6 \[3\]; 2000 No 67, Sch 1 \[27\]; 2002 No 96, Sch 7.3; 2002 No 122, Sch 2.3; 2003 No 40, Sch 2.17 \[1\] \[2\]; 2003 No 65, Sch 6; 2008 No 95, Sch 2.3; 2008 No 97, Sch 4.4; 2011 No 67, Sch 4.14 \[5\]; 2012 No 82, Sch 2.7; 2012 No 95, Sch 2.18 \[1\]; 2015 No 58, Sch 3.48 \[4\]. Subst 2025 No 42, Sch 1\[15\].