575Offence to engage in discriminatory conduct

575 Offence to engage in discriminatory conduct (1) An employer or prospective employer must not engage in discriminatory conduct for a prohibited reason. 1. In the case of a natural person, 240 penalty units; (2) For the purposes of this section, an employer engages in ***discriminatory conduct*** if the employer— (a) dismisses, or threatens to dismiss, a worker from employment; or (b) alters, or threatens to alter, the position of a worker to the worker's detriment; or (c) treats a worker less favourably than another worker in relation to promotion or re‑employment. (3) Conduct referred to in subsection (2) is engaged in for a ***prohibited reason*** if the dominant reason is because the worker— (a) has given the employer or any other employer notice of an injury; or (b) has taken steps to pursue a claim for compensation against the employer or any other employer; or (c) has given, or attempted to give, a claim for compensation to the employer or any other employer, the Authority or a self-insurer; or (4) For the purposes of this section, a prospective employer engages in ***discriminatory conduct*** if the prospective employer— (a) refuses or fails to offer employment to an applicant for employment; or (b) in offering, or refusing to offer, terms of employment, treats an applicant for employment less favourably than another applicant for employment. (5) Conduct referred to in subsection (4) is engaged in for a ***prohibited reason*** if the dominant reason is because the applicant for employment— (a) has given an employer notice of an injury; or (b) has taken steps to pursue a claim for compensation against an employer; or (c) has given or attempted to give a claim for compensation to an employer, the Authority or a self-insurer; or (6) In proceedings for an offence against this section, if all the facts constituting the discriminatory conduct are proved, the employer or prospective employer bears the burden of adducing evidence that the reason alleged in the charge was not the dominant reason why the employer or prospective employer engaged in the conduct. (7) It is a defence to proceedings for an offence against this section if the employer or prospective employer proves that— (a) the relevant conduct was necessary to comply with the requirements of this Act, the **Accident Compensation Act 1985**, the **Workers Compensation Act 1958** or the **Occupational Health and Safety Act 2004**; or (b) the worker or applicant for employment was unable to perform the inherent requirements of the employment, even if the employer or prospective employer had made reasonable adjustments to those requirements; or (c) the worker was engaged in fraud or dishonesty in relation to, or associated with, the giving of notice of the injury or pursuit of the claim for compensation.