Victorian Numbered Acts

INDUSTRIAL RELATIONS LEGISLATION AMENDMENT ACT 2021 (NO. 14 OF 2021) - SECT 28

For section 51 of the Inquiries Act 2014 substitute —

        "     51     Offence of taking detrimental action against workers

    (1)     A person who conducts a business or other undertaking must not take or threaten to take detrimental action against a worker of the business or other undertaking because—

        (a)     the worker has given information to a Royal Commission; or

        (b)     the person believes that the worker has given or will give information to a Royal Commission.

Penalty:     120 penalty units or imprisonment for 12 months.

Notes

1     See also section 72 of the Criminal Procedure Act 2009 , which deals with the evidential burden of proof.

2     Section 128 applies to an offence against this subsection.

    (2)     It is a defence in a proceeding for an offence against subsection (1) if the reason referred to in subsection (1)(a) or (b) was not a substantial reason for the detrimental action.

    (3)     Subsection (1) does not apply if a person takes or threatens to take detrimental action against a worker because—

        (a)     the worker unlawfully gave information to a Royal Commission; or

        (b)     the worker contravened section 50 of this Act or section 314 of the Crimes Act 1958 in respect of the information given to a Royal Commission.".