Victorian Consolidated Legislation

Outworkers (Improved Protection) Act 2003 - SECT 61

Court may order payment of arrears on finding of guilt

61. Court may order payment of arrears on finding of guilt



(1) If the Industrial Division of the Magistrates' Court finds an employer
guilty of an offence relating to the underpayment of an outworker, the Court
may order the employer to pay the outworker any amount that the outworker was
underpaid and that is still owed to the outworker, in addition to imposing a
penalty for the offence.

(2) However, under this section the Court may only order the employer to pay
an amount in respect of a period of up to 6 years.

(3) Subsections (4), (5) and (6) of section 60 apply to this section.

(4) An order under this section may be enforced as if it were an order made by
the Court in a civil proceeding. However, if any amount remains to be paid
after all reasonable means of civil enforcement have been tried, the order may
be enforced as if it were a fine imposed by the Court.

(5) Nothing in this section limits an outworker's rights under section 60, and
nothing in that section limits the power of the Court under this section.