WORKPLACE RELATIONS ACT 1996 - SECT 769 Penalties etc. for contravention of civil remedy provisions

This legislation has been repealed.

WORKPLACE RELATIONS ACT 1996 - SECT 769

             (1)  The Court, on application by an eligible person, may make one or more of the following orders in relation to a person (the defendant ) who has contravened a civil remedy provision of this Part:

                     (a)  an order imposing a pecuniary penalty on the defendant;

                     (b)  an order requiring the defendant to pay a specified amount to another person as compensation for damage suffered by the other person as a result of the contravention;

                     (c)  any other order that the Court considers appropriate.

             (2)  The maximum pecuniary penalty under paragraph (1)(a) is 300 penalty units if the defendant is a body corporate and otherwise 60 penalty units.

             (3)  The orders that may be made under paragraph (1)(c) include:

                     (a)  injunctions; and

                     (b)  any other orders that the Court considers necessary to stop the conduct or remedy its effects.

             (4)  Each of the following is an eligible person for the purposes of this section:

                     (a)  a workplace inspector;

                     (b)  a person affected by the contravention;

                     (c)  a person prescribed by the regulations for the purposes of this paragraph.

             (5)  A regulation prescribing persons for the purposes of paragraph (4)(c) may provide that a person is prescribed only in relation to circumstances specified in the regulation.

Note:          Division 3 of Part 14 contains other provisions relevant to civil remedies.