Northern Territory Consolidated Acts Northern Territory Consolidated Acts(1) A person shall not:
(a) use violence against or inflict injury on;
(b) cause or procure violence, damage, loss or disadvantage to; or
(c) cause or procure the punishment of,
a person for or on account of the last-mentioned person having appeared, or being about to appear, as a witness at an inquiry by a Commission or for or on account of evidence given by the last-mentioned person before a Commission.
Maximum penalty: 17 penalty units or imprisonment for 12 months.
(2) Without limiting the generality of subsection (1), an employer shall not:
(a) dismiss an employee from his employment, or prejudice an employee in his employment, by reason that the employee has appeared as a witness, or has given evidence, at an inquiry by a Commission; or
(b) dismiss, or threaten to dismiss, an employee from his employment or prejudice, or threaten to prejudice, an employee in his employment, by reason that the employee proposes to appear as a witness or to give evidence at an inquiry by a Commission.
Maximum penalty: In the case of a natural person – 17 penalty units or imprisonment for 12 months.
In the case of a body corporate – 85 penalty units.
(3) In any proceedings arising out of subsection (2):
(a) where it is established that the employee was dismissed from, or prejudiced in, his employment and that, before he was so dismissed or prejudiced, he appeared as a witness, or gave evidence, at an inquiry by a Commission – the burden lies on the employer of proving that the employee was not so dismissed or prejudiced by reason that he so appeared as a witness or gave evidence; or
(b) where it is established that the employee was dismissed, or threatened with dismissal, from his employment, or was prejudiced, or threatened with prejudice, in his employment and that, before he was so dismissed, threatened with dismissal, prejudiced or threatened with prejudice, he proposed to appear as a witness, or to give evidence, at an inquiry by a Commission – the burden lies on the employer of proving that the employee was not so dismissed, threatened with dismissal, prejudiced or threatened with prejudice by reason that he proposed so to appear as a witness or to give evidence.