Victorian Current Acts

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INFRINGEMENTS ACT 2006 - SECT 128

Employer obligations in respect of an attachment of earnings order

    (1)     A person must not dismiss an employee or injure an employee in the employee's employment or alter an employee's position to the prejudice of the employee because—

        (a)     an attachment of earnings order has been made in respect of the employee; or

        (b)     the employee is required to make payments under an attachment of earnings order.

Penalty:     5 penalty units.

    (2)     The Court may order a person convicted of an offence under subsection (1)—

        (a)     to reimburse the employee any lost wages; and

        (b)     to cause the employee to be reinstated in the employee's former position or in a similar position.

    (3)     An amount ordered to be reimbursed under subsection (2) may be recovered from the convicted person in the same manner as the penalty to which that person is liable under subsection (1) and may be included in the same warrant.

    (4)     An attachment of earnings order may apply to earnings falling to be paid—

        (a)     by the Crown; or

        (b)     by a statutory authority representing the Crown; or

        (c)     out of the Consolidated Fund.

S. 128A inserted by No. 87/2009 s. 52.



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