Victorian Numbered Acts

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OWNER DRIVERS AND FORESTRY CONTRACTORS ACT 2005 (NO 49 OF 2005) - SECT 61

Subjecting contractors or others to detriment

    (1)     A person must not subject or threaten to subject another person to any detriment for the reason, or for reasons including the reason, that the other person, or a person associated with the other person, has—

        (a)     claimed, or proposes to claim, a benefit or exercised, or proposes to exercise, a power or right that the other person or associate is entitled to claim or exercise under this Act or a code of practice; or

        (b)     brought, or proposes to bring, or otherwise participated in, a proceeding under this Act; or

        (c)     informed, or proposes to inform, any person of an alleged contravention of this Act, the regulations, a code of practice or an order of the Tribunal under this Act; or

        (d)     participated, or proposes to participate, in joint negotiations relating to regulated contracts or the engagement of contractors.

    (2)     A hirer must not subject or threaten to subject a contractor to any detriment because the contractor, or a person associated with the contractor, has—

        (a)     raised, or proposes to raise, issues of health and safety in relation to the performance of services under a regulated contract; or

        (b)     sought, or proposes to seek, to—

              (i)     negotiate a proposed engagement or regulated contract; or

              (ii)     renegotiate an existing engagement or regulated contract.

    (3)     For the purposes of this section, subjecting a contractor or other person to detriment includes doing any one or more of the following—

        (a)     terminating the contractor's or other person's engagement;

        (b)     injuring the contractor or other person in relation to the terms and conditions of a regulated contract to which the contractor or person is a party;

        (c)     altering the position of a contractor or other person so as to prejudice their interests under a regulated contract;

        (d)     refusing to engage a person as a contractor;

        (e)     discriminating against a person in the terms or conditions on which the person is to be engaged as a contractor.



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