Document ID: chunk:federal_register_of_legislation:C2004A01357:clause:2_15
Version: federal_register_of_legislation:C2004A01357
Segment Type: clause
Provision Reference: sch 2 cl 15
Character Range: 38798–40623

15  Remedial orders

 (1) If:
 (a) a court makes a declaration under clause 2 of this Schedule or convicts a person of an offence against this Act or the regulations; and
 (b) it appears to the court that the person could fully or partly remedy a state of affairs that arose as a direct or indirect result of the conduct that was the subject of the declaration or offence; and
 (c) the court has been requested to make an order under this subsection; and
 (d) the court has considered any relevant material given to it by Comcare;
then the court may order the person to take any steps that it considers are necessary and appropriate to rectify the state of affairs and that are within the person's power to take.

 (2) If:
 (a) an employer has breached section 64 or 76 in respect of an employee; and
 (b) a court has made a declaration under clause 2 of this Schedule relating to that breach; and
 (c) the court has been requested to make an order under this subsection; and
 (d) the court has considered any relevant material given to it by Comcare;
then, if the court considers it appropriate, the court may make any of the following orders:
 (e) an order requiring the employer to reinstate the employee or former employee;
 (f) an order requiring the employer to pay the employee or former employee compensation of such amount as the court considers appropriate;
 (g) an order requiring the employer not to carry out a threat made by the employer, or not to make any further threat;
 (h) injunctions (including interim injunctions), and any other orders, that the court considers necessary to stop the conduct or remedy its effects.

Consequential orders

 (3) If a court makes an order under this section, it may also make any other consequential orders (including orders as to costs) that it considers appropriate.