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WORK HEALTH AND SAFETY ACT 2011 - SECT 111 Order for compensation or reinstatement

WORK HEALTH AND SAFETY ACT 2011 - SECT 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.