EMERGENCIES ACT 2004 - SECT 183 Victimisation of volunteers

EMERGENCIES ACT 2004 - SECT 183

    (1)     This section applies if a volunteer is absent from the volunteer's employment to take part in an emergency operation during—

        (a)     an emergency for which an emergency operation notice has been issued; or

        (b)     a declared state of alert; or

        (c)     a declared state of emergency.

    (2)     A person commits an offence if—

        (a)     the person is an employer of the volunteer; and

        (b)     the person victimises the employee for being absent from employment to take part.

Maximum penalty: 50 penalty units, imprisonment for 6 months or both.

    (3)     For subsection (2), an employer is taken to victimise an employee if the employer—

        (a)     dismisses the employee from employment or terminates the engagement of the employee; or

        (b)     changes the employee's position in their employment, or changes the circumstances of the employee's engagement, to the employee's prejudice; or

        (c)     otherwise injures the employee in their employment.

    (4)     In this section:

"volunteer" means—

        (a)     a volunteer member; or

        (b)     a casual volunteer; or

        (c)     an emergency services support volunteer.