61ALProtection against victimisation

#### 61AL Protection against victimisation (1) This section applies to: (a) a ship that is registered in the International Register; and (b) a seafarer who works, or a prospective seafarer who proposes to work, on board the ship when it is used to engage in international trading. (2) A person must not victimise the seafarer because the seafarer: (a) has made, proposes to make, or at any time has proposed to make a complaint under the dispute resolution procedure in the seafarer’s work agreement (unless the complaint is manifestly vexatious or maliciously made); or (b) has refused to make, proposes to refuse to make, or at any time has proposed to refuse to make a complaint under the dispute resolution procedure in the seafarer’s work agreement; or (c) has participated, proposes to participate, or at any time has proposed to participate in collective bargaining; or (d) has refused to participate, proposes to refuse to participate, or at any time has refused to participate in collective bargaining; or (e) has exercised, proposes to exercise, or at any time has proposed to exercise the right to organise and to take industrial action; or (f) has refused to exercise, proposes to refuse to exercise, or at any time has proposed to refuse to exercise the right to organise and to take industrial action; or (g) has joined, proposes to join, or at any time has proposed to join an employee organisation; or (h) has refused to join, proposes to refuse to join, or at any time has proposed to refuse to join an employee organisation; or (i) has participated, proposes to participate, or at any time has proposed to participate in the activities of an employee organisation; or (j) has refused to participate, proposes to refuse to participate, or at any time has proposed to refuse to participate in the activities of an employee organisation; or (k) has requested, proposes to request, or at any time has proposed to request representation by an employee organisation; or (l) has refused, proposes to refuse, or at any time has proposed to refuse representation by an employee organisation. Civil penalty: 300 penalty units. (3) For the purposes of subsection (2), a person victimises a seafarer if the person: (a) dismisses, or threatens or organises to dismiss, the seafarer; or (b) injures, or threatens or organises to injure, the seafarer in his or her employment or engagement on board a ship; or (c) alters the position of, or threatens or organises to alter the position of, the seafarer to the seafarer’s prejudice; or (d) discriminates, or threatens or organises to discriminate, between the seafarer and other seafarers; or (e) refuses, or threatens or organises to refuse, to employ the seafarer on board a ship.