New South Wales Consolidated Acts

WORK HEALTH AND SAFETY ACT 2011 - SECT 112

112 Civil proceedings in relation to engaging in or inducing discriminatory or coercive conduct

(1) An eligible person may apply to the District Court for an order under this section.

(2) The District Court may make one or more of the orders set out in subsection (3) in relation to a person who has--

(a) engaged in discriminatory conduct for a prohibited reason, or

(b) requested, instructed, induced, encouraged, authorised or assisted another person to engage in discriminatory conduct for a prohibited reason, or

(c) contravened section 108.

(3) For the purposes of subsection (2), the orders that the District Court may make are--

(a) an injunction, or

(a1) an order declaring that the person has engaged in conduct of a type referred to in subsection (2)(a), (b) or (c), or

(b) in the case of conduct referred to in subsection (2) (a) or (b), an order that the person pay (within a specified period) the compensation to the person who was the subject of the discriminatory conduct that the District Court considers appropriate, or

(c) in the case of conduct referred to in subsection (2) (a) in relation to a worker who was or is an employee or prospective employee, an order that--

(i) the worker be reinstated or reemployed in his or her former position or, if that position is not available, in a similar position, or

(ii) the prospective worker be employed in the position for which he or she had applied or a similar position, or

(d) any other order that the District Court considers appropriate.

(4) For the purposes of this section, a person may be found to have engaged in discriminatory conduct for a prohibited reason only if a reason referred to in section 106 was a substantial reason for the conduct.

(5) Nothing in this section is to be construed as limiting any other power of the District Court.

(6) For the purposes of this section, each of the following is an
"eligible person" --

(a) a person affected by the contravention,

(b) a person authorised as a representative by a person referred to in paragraph (a).