Document ID: chunk:federal_register_of_legislation:C2024A00139:clause:1_35e:p1
Version: federal_register_of_legislation:C2024A00139
Segment Type: clause
Provision Reference: sch 1 cl 35E (pt 1/2)
Character Range: 59560–62345

35E  Protection from reprisals—compensation and other orders etc.

Compensation
 (1) If the Federal Court or Federal Circuit and Family Court of Australia (Division 2) is satisfied, on the application of a person (the applicant), that another person (the respondent) took or is taking a reprisal against the applicant, the Court may:
 (a) in any case—make an order requiring the respondent to compensate the applicant for loss, damage or injury as a result of the reprisal; or
 (b) if the Court is satisfied that the respondent took or is taking the reprisal against the applicant in connection with the respondent's position as an employee of a private registered provider (within the meaning of Part IIC) or a higher education provider:
 (i) make an order requiring the respondent's employer to compensate the applicant for loss, damage or injury as a result of the reprisal; or
 (ii) make an order requiring the respondent and the respondent's employer jointly to compensate the applicant for loss, damage or injury as a result of the reprisal; or
 (iii) make an order requiring the respondent to compensate the applicant for a part of loss, damage or injury as a result of the reprisal, and make another order requiring the respondent's employer to compensate the applicant for a part of loss, damage or injury as a result of the detrimental conduct.
 (2) The Court must not make an order under paragraph (1)(b) if the respondent's employer establishes that it took reasonable precautions, and exercised due diligence, to avoid the reprisal.
 (3) If the Court makes an order under subparagraph (1)(b)(ii), the respondent and the respondent's employer are jointly and severally liable to pay the compensation concerned.

Injunctions, apologies and other orders
 (4) If the Federal Court or Federal Circuit and Family Court of Australia (Division 2) is satisfied, on the application of a person (the applicant), that another person (the respondent) took or is taking a reprisal against the applicant, the Court may make any or all of the following orders:
 (a) an order granting an injunction, on such terms as the Court thinks appropriate:
 (i) restraining the respondent from taking the reprisal; or
 (ii) if the reprisal involves refusing or failing to do something—requiring the respondent to do that thing;
 (b) an order requiring the respondent to apologise to the applicant for taking the reprisal;
 (c) any other order the Court thinks is appropriate.
 (5) If the Federal Court or Federal Circuit and Family Court of Australia (Division 2) has power under subsection (4) to grant an injunction restraining a person from engaging in particular conduct, or requiring a person to do anything, the Court may make any other orders (including granting an injunction) that it thinks