Victorian Consolidated Legislation

Long Service Leave Act 1992 - SECT 88

Civil penalty

88. Civil penalty



(1) If an employer contravenes section 87, the contravention is not an
offence, however a court may make an order imposing a penalty of up to $10 000
on the employer.

(2) An application for an order under subsection (1) may be made-

   (a)  by the employee; or

   (b)  at the request of the employee, by an organisation of which the
        employee is a member, or eligible to be a member; or

   (c)  by the Minister.

(3) A court that imposes a penalty under subsection (1) may order that the
penalty, or a part of the penalty, be paid-

   (a)  to a particular person or organisation; or

   (b)  into the Consolidated Fund.

(4) An order imposing a penalty under subsection (1) is taken, for the
purposes of enforcement, to be an order made by the court in a civil
proceeding.

(5) In this section, court means the Industrial Division of the Magistrates'
Court.

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