Owner Drivers and Forestry Contractors Act 2005
61Subjecting contractors or others to detriment
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61 Subjecting contractors or others to detriment
(1) A person must not subject or threaten to subject another person to any detriment for the reason, or for reasons including the reason, that the other person, or a person associated with the other person, has—
(a) claimed, or proposes to claim, a benefit or exercised, or proposes to exercise, a power or right that the other person or associate is entitled to claim or exercise under this Act or a code of practice; or
(b) brought, or proposes to bring, or otherwise participated in, a proceeding under this Act; or
(c) informed, or proposes to inform, any person of an alleged contravention of this Act, the regulations, a code of practice or an order of the Tribunal under this Act; or
(d) participated, or proposes to participate, in joint negotiations relating to regulated contracts or the engagement of contractors.
(2) A hirer must not subject or threaten to subject a contractor to any detriment because the contractor, or a person associated with the contractor, has—
(a) raised, or proposes to raise, issues of health and safety in relation to the performance of services under a regulated contract; or
(b) sought, or proposes to seek, to—
(i) negotiate a proposed engagement or regulated contract; or
(ii) renegotiate an existing engagement or regulated contract.
(3) For the purposes of this section, subjecting a contractor or other person to detriment includes doing any one or more of the following—
(a) terminating the contractor's or other person's engagement;
(b) injuring the contractor or other person in relation to the terms and conditions of a regulated contract to which the contractor or person is a party;
(c) altering the position of a contractor or other person so as to prejudice their interests under a regulated contract;
(d) refusing to engage a person as a contractor;
(e) discriminating against a person in the terms or conditions on which the person is to be engaged as a contractor.
Ss 62, 63 repealed by No. 33/2019 s. 29.
S. 64 (Heading) amended by No. 21/2012 s. 239(Sch. 6 item 32.1).