New South Wales Consolidated Acts

OCCUPATIONAL HEALTH AND SAFETY ACT 2000 - SECT 23

23 Unlawful dismissal or other victimisation of employee

(1) An employer must not dismiss an employee, injure an employee in his or her employment or alter an employee’s position to his or her detriment because the employee:

(a) makes a complaint about a workplace matter that the employee considers is not safe or is a risk to health, or

(b) is a member of an OHS committee or an OHS representative, or

(c) exercises any functions conferred on the employee under Division 2 (whether as such a member or representative or otherwise).

Maximum penalty:

(a) in the case of a corporation (being a previous offender)-375 penalty units, or

(b) in the case of a corporation (not being a previous offender)-250 penalty units, or

(c) in the case of an individual (being a previous offender)-225 penalty units, or

(d) in the case of an individual (not being a previous offender)-150 penalty units.

(2) In proceedings for an offence against this section, if all the facts constituting the offence other than the reason for the defendant’s action are proved, the onus of proving that the dismissal, injury or alteration was not actuated by the reason alleged in the charge lies on the defendant.

Note: See section 23A of this Act and sections 210 (j) and 213 of the Industrial Relations Act 1996 for remedies (such as reinstatement or reimbursement) arising from a breach of this section.