Document ID: chunk:federal_register_of_legislation:C2012A00054:clause:2_61al:p1
Version: federal_register_of_legislation:C2012A00054
Segment Type: clause
Provision Reference: sch 2 cl 61AL (pt 1/2)
Character Range: 42110–44832

61AL  Protection against victimisation
 (1) This section applies to:
 (a) a ship that is registered in the International Register; and
 (b) a seafarer who works, or a prospective seafarer who proposes to work, on board the ship when it is used to engage in international trading.
 (2) A person must not victimise the seafarer because the seafarer:
 (a) has made, proposes to make, or at any time has proposed to make a complaint under the dispute resolution procedure in the seafarer's work agreement (unless the complaint is manifestly vexatious or maliciously made); or
 (b) has refused to make, proposes to refuse to make, or at any time has proposed to refuse to make a complaint under the dispute resolution procedure in the seafarer's work agreement; or
 (c) has participated, proposes to participate, or at any time has proposed to participate in collective bargaining; or
 (d) has refused to participate, proposes to refuse to participate, or at any time has refused to participate in collective bargaining; or
 (e) has exercised, proposes to exercise, or at any time has proposed to exercise the right to organise and to take industrial action; or
 (f) has refused to exercise, proposes to refuse to exercise, or at any time has proposed to refuse to exercise the right to organise and to take industrial action; or
 (g) has joined, proposes to join, or at any time has proposed to join an employee organisation; or
 (h) has refused to join, proposes to refuse to join, or at any time has proposed to refuse to join an employee organisation; or
 (i) has participated, proposes to participate, or at any time has proposed to participate in the activities of an employee organisation; or
 (j) has refused to participate, proposes to refuse to participate, or at any time has proposed to refuse to participate in the activities of an employee organisation; or
 (k) has requested, proposes to request, or at any time has proposed to request representation by an employee organisation; or
 (l) has refused, proposes to refuse, or at any time has proposed to refuse representation by an employee organisation.
Civil penalty: 300 penalty units.
 (3) For the purposes of subsection (2), a person victimises a seafarer if the person:
 (a) dismisses, or threatens or organises to dismiss, the seafarer; or
 (b) injures, or threatens or organises to injure, the seafarer in his or her employment or engagement on board a ship; or
 (c) alters the position of, or threatens or organises to alter the position of, the seafarer to the seafarer's prejudice; or
 (d) discriminates, or threatens or organises to discriminate, between the seafarer and other seafarers; or
 (e) refuses, or threatens or organises to refuse, to employ