New South Wales Consolidated Acts
[Search this Act]
INDEPENDENT COMMISSION AGAINST CORRUPTION ACT 1988 - SECT 94
Dismissal of witness, or person assisting Commission, by employer
94 Dismissal of witness, or person assisting Commission, by employer
(1) An employer who dismisses any employee from his or her employment, or
prejudices any employee in his or her employment, for or on account of the
employee assisting the Commission is guilty of an indictable offence.
Maximum penalty--200 penalty units or imprisonment for 5 years, or both.
In this section, a reference to a person assisting the Commission is a
reference to a person who--
(a) has appeared, is appearing or is to appear as
a witness before the Commission, or
(b) has complied with or proposes to
comply with a requirement under section 21 or 22, or
(c) has assisted, is
assisting or is to assist the Commission in some other manner.
(3) In any
proceedings for an offence against this section, it lies on the employer to
prove that any employee shown to have been dismissed or prejudiced in his or
her employment was so dismissed or prejudiced for some reason other than the
reasons mentioned in subsection (1).
AustLII: Copyright Policy