New South Wales Consolidated Acts

INDEPENDENT COMMISSION AGAINST CORRUPTION ACT 1988 - SECT 94

94 Dismissal of witness, or person assisting Commission, by employer

(1) An employer who dismisses any employee from his or her employment, or prejudices any employee in his or her employment, for or on account of the employee assisting the Commission is guilty of an indictable offence.

Maximum penalty: 200 penalty units or imprisonment for 5 years, or both.

(2) In this section, a reference to a person assisting the Commission is a reference to a person who:

(a) has appeared, is appearing or is to appear as a witness before the Commission, or

(b) has complied with or proposes to comply with a requirement under section 21 or 22, or

(c) has assisted, is assisting or is to assist the Commission in some other manner.

(3) In any proceedings for an offence against this section, it lies on the employer to prove that any employee shown to have been dismissed or prejudiced in his or her employment was so dismissed or prejudiced for some reason other than the reasons mentioned in subsection (1).