Victorian Current Acts

OCCUPATIONAL HEALTH AND SAFETY ACT 2004 - SECT 76

    (1)     This section applies to—

        (a)     an employer who dismisses an employee, injures an employee in the employment of the employer or alters the position of an employee to the employee's detriment; and

        (b)     an employer who threatens to do any of those things to an employee; and

        (c)     an employer or prospective employer who refuses or fails to offer employment to a prospective employee, or treats a prospective employee less favourably than another prospective employee would be treated in offering terms of employment.

    (2)     The employer or prospective employer is guilty of an indictable offence if the employer or prospective employer engaged in that conduct because the employee or prospective employee (as the case may be)—

        (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 a power as a health and safety representative or as a member of a health and safety committee; or

S. 76(2)(c) amended by Nos 34/2009 s. 4(1), 48/2017 s. 15(1).

        (c)     assists or has assisted, or gives or has given any information to, an inspector, the Authority, an authorised representative of a registered employee organisation, a health and safety representative or a member of a health and safety committee; or

S. 76(2)(d) amended by Nos 34/2009 s. 4(2), 48/2017 s. 15(2).

        (d)     raises or has raised an issue or concern about health or safety to the employer, an inspector, the Authority, an authorised representative of a registered employee organisation, a health and safety representative, a member of a health and safety committee or an employee of the employer.

Notes

1     The effect of section 57(2)(b) is that a reference to a health and safety representative includes a reference to a deputy health and safety representative.

Note 2 to s. 76(2) amended by No. 68/2009 s. 97(Sch. item 90.15).

2     The offence may be heard and determined summarily (see section 28 of the Criminal Procedure Act 2009 ).

    (3)     An employer or prospective employer may be guilty of an offence against subsection (2) only if the reason mentioned in subsection (2)(a), (b), (c) or (d) is the dominant reason why the employer or prospective employer engaged in the conduct.

    (4)     An employer or prospective employer who is guilty of an offence against subsection (2) is liable to—

S. 76(4)(a) substituted by No. 34/2009 s. 4(3).

        (a)     in the case of a natural person, a fine not exceeding 500 penalty units; and

        (b)     in the case of a body corporate, a fine not exceeding 2500 penalty units.

S. 77 (Heading) amended by No. 68/2009 s. 97(Sch. item 90.16).

S. 77 amended by No. 68/2009 s. 97(Sch. item 90.17).