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Work Health and Safety Act 2011
112Civil proceedings in relation to engaging in or inducing
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112 Civil proceedings in relation to engaging in or inducing
discriminatory or coercive conduct
(1) An eligible person may apply to—
(a) the Supreme Court for an order under subsection (3) (a); or
(b) a court of competent jurisdiction for an order under
subsection (3) (b) to (d).
(2) The court may make 1 or more of the orders set out in subsection (3)
in relation to a person who has—
(a) engaged in discriminatory conduct for a prohibited reason; or
Division 6.3 Civil proceedings in relation to discriminatory or coercive conduct
(b) requested, instructed, induced, encouraged, authorised or
assisted another person to engage in discriminatory conduct for
a prohibited reason; or
(c) contravened section 108 (Prohibition of coercion or
inducement).
(3) For the purposes of subsection (2), the orders that the court may make
are—
(a) an injunction; or
(b) for conduct referred to in subsection (2) (a) or (b)—an order that
the person pay (within a specified period) the compensation to
the person who was the subject of the discriminatory conduct
that the court considers appropriate; or
(c) for conduct referred to in subsection (2) (a) in relation to a
worker who was or is an employee or prospective employee—
an order that—
(i) the worker 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 prospective worker be employed in the position for
which he or she had applied or a similar position; or
(d) any other order that the court considers appropriate.
(4) For the purposes of this section, a person may be found to have
engaged in discriminatory conduct for a prohibited reason only if a
reason referred to in section 106 (What is a prohibited reason) was a
substantial reason for the conduct.
(5) Nothing in this section is to be construed as limiting any other power
of the court.
Civil proceedings in relation to discriminatory or coercive conduct Division 6.3
(6) For the purposes of this section, each of the following is an eligible
person:
(a) a person affected by the contravention;
(b) a person authorised as a representative by a person referred to in
paragraph (a).