Document ID: chunk:federal_register_of_legislation:F2016C00700:clause:1_129
Version: federal_register_of_legislation:F2016C00700
Segment Type: clause
Provision Reference: sch 1 cl 129
Character Range: 150150–152240

129  Dismissal or other victimisation of employee
 (1) This section applies to—
 (a) an employer who dismisses an employee, injures an employee in the employment of the employer or alters the position of an employee to the employee's detriment; and
 (b) an employer who threatens to do any of those things to an employee; and
 (c) an employer or prospective employer who refuses or fails to offer employment to a prospective employee, or treats a prospective employee less favourably than another prospective employee would be treated in offering terms of employment.
 (2) The employer or prospective employer is guilty of an indictable offence if the employer or prospective employer engaged in that conduct because the employee or prospective employee (as the case may be)—
 (a) has assisted or has given any information to a public agency in respect of a breach or alleged breach of an Australian rail safety law; or
 (b) has made a complaint about a breach or alleged breach of an Australian rail safety law to the employer, a fellow employee, a union or a public agency; or
 (c) assists or has assisted, or gives or has given any information to, a public agency in respect of a breach or alleged breach of an Australian rail safety law; or
 (d) has made a complaint about a breach or alleged breach of an Australian rail safety law to a former employer, a former fellow employee, a union or a public agency.
 (3) An employer or prospective employer may be guilty of an offence against sub‑section (2) only if the reason mentioned in sub‑section (2)(a), (b), (c) or (d) is the dominant reason why the employer or prospective employer engaged in the conduct.
 (4) An employer or prospective employer who is guilty of an offence against sub‑section (2) is liable to—
 (a) In the case of a natural person:
 (b) In the case of a body corporate:
 (5) In this section—
employee includes a natural person who works under a contract for services;
public agency includes an Australian Rail Safety Regulator, a rail safety officer, a police officer and a police officer of another jurisdiction.