Document ID: chunk:federal_register_of_legislation:F2016C00708:clause:2_181:p2
Version: federal_register_of_legislation:F2016C00708
Segment Type: clause
Provision Reference: sch 2 cl 181 (pt 2/2)
Character Range: 257327–258741

or contractor or to the prospective employee or prospective contractor such damages as it thinks fit by way of compensation;
 (b) an order that:
 (i) the employee or contractor be reinstated or re‑employed in the employee's or contractor's former position or (if that position is not available) in a similar position; or
 (ii) the prospective employee or prospective contractor be employed in the position for which the prospective employee or prospective contractor had applied or (if that position is not available) in a similar position.
 (7) The maximum amount of damages cannot exceed the monetary jurisdictional limit of the court in civil proceedings.
 (8) An order for payment of damages is enforceable as if it were a judgment of the court sitting in civil proceedings.
 (9) A person who fails to comply with an order for employment, reinstatement or re‑employment is guilty of an offence.
 (10) A person commits an offence if:
 (a) the person is subject to an order under subsection (6)(b); and
 (b) the person engages in conduct that results in a contravention of the order.
 (11) The offence under subsection (10) is an offence of strict liability.
 (12) In this section:
contractor means an individual who works under a contract for services.
public agency means an Australian Authority, an Australian authorised officer, an Australian police officer or any other public authority of any jurisdiction.