Northern Territory Numbered Acts

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WORKPLACE HEALTH AND SAFETY ACT 2007 (NO 31 OF 2007) - SECT 93

Discrimination against workers

    (1)     An employer must not discriminate against a worker or a prospective worker on the ground that the worker or prospective worker:

    (a)     is or has been a health and safety representative or a member of a health and safety committee; or

    (b)     exercises or has exercised power as a health and safety representative or a member of a health and safety committee; or

    (c)     assists of has assisted, or gives or has given any information to, a workplace safety officer, a health and safety representative or a member of a health and safety committee; or

    (d)     raises, or has raised, an issue of concern about health or safety with the employer, a worker, a workplace safety officer, a health and safety representative or a member of a health and safety committee.

    (2)     An employer discriminates against a worker or prospective worker on a particular ground if the ground was the predominant reason for the discrimination.

    (3)     An employer who discriminates against a worker or prospective worker contrary to this section commits an offence.

Maximum penalty:     200 penalty units or imprisonment for 12 months.

    (4)     If, in proceedings for an offence against this section, the employer is found to have discriminated against a worker or prospective worker, it will be presumed that the employer did so on the ground alleged in the instrument of charge unless the employer establishes the contrary on the balance of probabilities.

    (5)     If an employer is convicted of an offence against this section, the court may, as well as imposing a penalty, order the employer to compensate the worker or prospective worker or to take other action specified by the court to remedy the contravention.



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