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Work Health and Safety Act 2011
111Order for compensation or reinstatement
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111 Order for compensation or reinstatement
If a person is convicted or found guilty of an offence against
section 104 (Prohibition of discriminatory conduct) or section 107
(Prohibition of requesting, instructing, inducing, encouraging,
authorising or assisting discriminatory conduct), the court may (in
addition to imposing a penalty) make either or both of the following
orders:
(a) an order that the offender pay (within a specified period) the
compensation to the person who was the subject of the
discriminatory conduct that the court considers appropriate;
(b) in relation to a person who was or is an employee or prospective
employee, an order that—
(i) the person be reinstated or re-employed in his or her former
position or, if that position is not available, in a similar
position; or
(ii) the person be employed in the position for which he or she
had applied or a similar position.
Division 6.3 Civil proceedings in relation to
discriminatory or coercive conduct