South Australian Current Acts South Australian Current Acts174G—Dismissal or other victimisation of employee or contractor
assisting with or reporting breaches
(1) An employer must
not dismiss an employee or contractor, injure an employee or contractor in the
employee's or contractor's employment or alter an employee's or contractor's
position to the employee's or contractor's detriment because the employee or
contractor—
(a) has
assisted or has given any information to a public agency in respect of a
breach or alleged breach of an Australian road law; or
(b) has
made a complaint about a breach or alleged breach of an Australian road law to
the employer, a fellow employee or fellow contractor, a trade union or a
public agency.
(2) An employer or
prospective employer must not refuse or deliberately omit to offer employment
to a prospective employee or prospective contractor or treat a prospective
employee or prospective contractor less favourably than another prospective
employee or prospective contractor would be treated in relation to the terms
on which employment is offered because the first-mentioned prospective
employee or contractor—
(a) has
assisted or has given any information to a public agency in respect of a
breach or alleged breach of an Australian road law; or
(b) has
made a complaint about a breach or alleged breach of an Australian road law to
a former employer, a former fellow employee or former fellow contractor, a
trade union or a public agency.
(3) A person commits
an offence if—
(a) the
person engages in conduct that results in a contravention of
subsection (1); and
(b) the
person is an employer of the person concerned.
Maximum penalty: $10 000.
(4) A person commits
an offence if—
(a) the
person engages in conduct that results in a contravention of
subsection (2); and
(b) the
person is an employer or prospective employer of the person concerned.
Maximum penalty: $10 000.
(5) In proceedings for
an offence against this section, if all the facts constituting the offence
other than the reason for the defendant's action are proved, the onus of
proving that the defendant's action was not actuated by the reason alleged in
the charge lies on the defendant.
(6) If a person is
found guilty of an offence against this section, the court may, in addition to
imposing a penalty on the offender, make either or both of the following
orders:
(a) an
order that the offender pay within a specified period to the employee or
contractor or to the prospective employee or prospective contractor such
damages as it thinks fit by way of compensation;
(b) an
order that—
(i)
the employee or contractor be reinstated or re-employed
in the employee's or contractor's former position or (if that position is not
available) in a similar position; or
(ii)
the prospective employee or prospective contractor be
employed in the position for which the prospective employee or prospective
contractor had applied or (if that position is not available) in a similar
position.
(7) The maximum amount
of damages cannot exceed the monetary jurisdictional limit of the court in
civil proceedings.
(8) In this
section—
"contractor" means a natural person who works under a contract for services;
"public agency" means—
(a) an
Australian authority; or
(b) an
authorised officer or police officer of any jurisdiction; or
(c) any
other public authority of any jurisdiction.