Document ID: chunk:federal_register_of_legislation:C2019A00010:clause:1_14zzza:p2
Version: federal_register_of_legislation:C2019A00010
Segment Type: clause
Provision Reference: sch 1 cl 14ZZZA (pt 2/2)
Character Range: 54048–55002

not limit any other matter the court may consider.
 (3) In deciding whether to make an order under paragraph (1)(b) in relation to the first person's employer, the court may have regard to the following:
 (a) whether the employer took reasonable precautions, and exercised due diligence, to avoid the detrimental conduct;
 (b) if the employer has a policy dealing with any or all of the matters referred to in subsection 1317AI(5) of the Corporations Act 2001 (whether or not section 1317AI of that Act requires the employer to have such a policy)—the extent to which the employer gave effect to that policy;
 (c) any duty that the employer was under to prevent the detrimental conduct, or to take reasonable steps to ensure that the detrimental conduct was not engaged in.
 (4) If the court makes an order under subparagraph (1)(b)(ii), the first person and the first person's employer are jointly and severally liable to pay the compensation concerned.