Document ID: chunk:federal_register_of_legislation:C2024C00828:clause:3_88
Version: federal_register_of_legislation:C2024C00828
Segment Type: clause
Provision Reference: sch 3 cl 88
Character Range: 2350850–2352790

88  Employer not to dismiss etc. employees on certain grounds
 (1) An employer (whether the operator or another person) must not:
 (a) dismiss an employee; or
 (b) perform an act that results in injury to an employee in his or her employment; or
 (c) perform an act that prejudicially alters the employee's position (whether by deducting or withholding remuneration or by any other means); or
 (d) threaten to do any of those things;
because the employee:
 (e) has complained or proposes to complain about a matter concerning the health, safety or welfare of employees at work; or
 (f) has assisted or proposes to assist, by giving information or otherwise, the conduct of an OHS inspection or an inspection in relation to a listed OHS law for the purposes of Division 1 of Part 6.5 of this Act; or
 (g) has ceased, or proposes to cease, to perform work, in accordance with a direction by a health and safety representative under paragraph 44(1)(b) or (3)(c), and the cessation or proposed cessation does not continue after:
 (i) the health and safety representative has agreed with a person supervising the work that the cessation or proposed cessation was not, or is no longer, necessary; or
 (ii) a NOPSEMA inspector has, under subclause 44(5), made a decision that has the effect that the employee should perform the work.

Offence
 (2) A person commits an offence if:
 (a) the person is subject to a requirement under subclause (1); and
 (b) the person engages in conduct; and
 (c) the conduct breaches the requirement.
Penalty: 600 penalty units.
 (3) In proceedings for an offence against subclause (2), if all the relevant facts and circumstances, other than the reason for an action alleged in the charge, are proved, the defendant has the onus of establishing that the action was not taken for that reason.
Note: A defendant bears a legal burden in relation to the matter in subclause (3), see section 13.4 of the Criminal Code.