Australian Capital Territory Current Acts

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HEAVY VEHICLE NATIONAL LAW (ACT) - SECT 700

Order for damages or reinstatement

    (1)     This section applies if a court convicts an employer of an offence against section 699 in relation to an employee or prospective employee.

    (2)     In addition to imposing a penalty, the court may make 1 or more of the following orders—

        (a)     an order that the employer pay, within a stated period, the employee or prospective employee the damages the court considers appropriate to compensate the employee or prospective employee;

        (b)     for an employee—an order that the employee be reinstated or re-employed in the employee's former position or, if that position is not available, in a similar position;

        (c)     for a prospective employee—an order that the prospective employee be employed in the position for which the prospective employee applied or, if that position is not available, in a similar position.

    (3)     An order for damages under subsection (2)(a)—

        (a)     can not be for an amount exceeding the monetary jurisdictional limit of the court in civil proceedings; and

        (b)     is taken to be, and is enforceable as, a judgment of the court sitting in civil proceedings.

    (4)     A person against whom an order is made under subsection (2)(b) or (c) must comply with the order.

Maximum penalty—$10000.

    (5)     In this section—

"employee" includes an individual who works under a contract for services.

"employer", of a prospective employee, includes a prospective employer of the employee.



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