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WORKERS' COMPENSATION AND REHABILITATION ACT 2003 - SECT 46A
Employer must not take action to avoid compensation process
46A Employer must not take action to avoid compensation process
(1) An employer must not give a benefit or cause detriment to a person if the
reason is to influence a worker who has sustained an injury to refrain from—
(a) making an application for compensation for the injury; or
(b) otherwise
pursuing an entitlement to compensation for the injury.
Penalty—
Maximum penalty—500 penalty units.
(2) It does not matter if the reason
is the only or main reason, as long as it is a substantial reason.
(3) An
employer gives a benefit to a person if the employer— (a) gives or offers to
give the worker or another person a financial or other benefit; or
(b) causes
or permits someone else to give or offer to give the worker or another person
a financial or other benefit.
(4) An employer causes detriment to a person if
the employer causes detriment to the worker or another person.
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