Victorian Consolidated Legislation

Occupational Health and Safety Act 2004 - SECT 76

Prohibition on discrimination

76. Prohibition on discrimination



(1) This section applies to-

   (a)  an employer who dismisses an employee, injures an employee in the
        employment of the employer or alters the position of an employee to
        the employee's detriment; and

   (b)  an employer who threatens to do any of those things to an employee;
        and

   (c)  an employer or prospective employer who refuses or fails to offer
        employment to a prospective employee, or treats a prospective employee
        less favourably than another prospective employee would be treated in
        offering terms of employment.

(2) The employer or prospective employer is guilty of an indictable offence if
the employer or prospective employer engaged in that conduct because the
employee or prospective employee (as the case may be)-

   (a)  is or has been a health and safety representative or a member of a
        health and safety committee; or

   (b)  exercises or has exercised a power as a health and safety
        representative or as a member of a health and safety committee; or

   (c)  assists or has assisted, or gives or has given any information to, an
        inspector, an authorised representative of a registered employee
        organisation, a health and safety representative or a member of a
        health and safety committee; or

   (d)  raises or has raised an issue or concern about health or safety to the
        employer, an inspector, an authorised representative of a registered
        employee organisation, a health and safety representative, a member of
        a health and safety committee or an employee of the employer.

Notes 1. The effect of section 57(2)(b) is that a reference to a health and
safety representative includes a reference to a deputy health and safety
representative. 2. The offence may be heard and determined summarily (see
section 53 of, and Schedule 4 to, the Magistrates' Court Act 1989).

(3) An employer or prospective employer may be guilty of an offence against
subsection (2) only if the reason mentioned in subsection (2)(a), (b), (c) or
(d) is the dominant reason why the employer or prospective employer engaged in
the conduct.

(4) An employer or prospective employer who is guilty of an offence against
subsection (2) is liable to-

   (a)  in the case of a natural person, a fine not exceeding 500 penalty
        units; and



   (b)  in the case of a body corporate, a fine not exceeding 2500 penalty
        units.