Queensland Consolidated Acts

CORRECTIVE SERVICES ACT 2006 - SECT 319I

319I Restrictions on tribunal compensation orders

(1) This section applies if the tribunal decides a protected defendant contravened the Anti-Discrimination Act in relation to an offender.

(2) The tribunal may make a compensation order only if it—

(a) finds that the contravention happened because of an act or omission done or made in bad faith; and

(b) considers that no non-compensatory order effectively redresses the offender for the contravention.

(3) If the tribunal decides to make a compensation order, it must give the protected defendant and the offender written reasons that no non-compensatory order effectively redresses the offender for the contravention.

(4) Also, if the tribunal decides to make a compensation order—

(a) the tribunal can not require that payment of an amount of compensation, or interest on an amount of compensation, be paid directly to the offender; and

(b) the order has effect as an award of compensation only for part 12B ; and

(c) the offender has no property or interest in the compensation.

(5) In this section—

"compensation order" means an order under the Anti-Discrimination Act , section 209 (1) (b) .

"non-compensatory order" means an order under the Anti-Discrimination Act , section 209 (1) other than a compensation order.