Australian Capital Territory Numbered Acts

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CORONERS ACT 1997 (NO. 57 OF 1997) - SECT 84

Intimidation or dismissal of witnesses

84. (1) A person shall not use, cause, inflict or procure any violence, punishment, damage, loss or disadvantage on or to a person—

        (a)     because the person appeared or is to appear as a witness before a Coroner; or

        (b)     because of any evidence so given by the person.

Penalty:

        (a)     if the offender is a natural person—500 penalty units or imprisonment for 5 years, or both;

        (b)     if the offender is a body corporate—2,500 penalty units.

(2) An employer shall not dismiss an employee from employment or prejudice an employee in employment—

        (a)     because the employee appeared or is to appear as a witness before a Coroner; or

        (b)     because of any evidence so given by the employee.

Penalty:

        (a)     if the offender is a natural person—500 penalty units or imprisonment for 5 years, or both;

        (b)     if the offender is a body corporate—2,500 penalty units.

(3) If all the elements of an offence against subsection (2), other than the reason for the employer's action are proved, the onus of proving that the dismissal or prejudice was not because the employee appeared or was to appear as a witness or gave evidence is on the employer.



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