Commonwealth Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

DEFENCE RESERVE SERVICE (PROTECTION) ACT 2001 - SECT 23A

Harassment

  (1)   A person must not, for a prohibited reason, or for reasons that include a prohibited reason, harass another person if the other person is:

  (a)   a protected worker of the person; or

  (b)   a partner in a partnership in which the person is also a partner; or

  (c)   a protected co - worker of the person.

  (2)   Conduct mentioned in subsection   (1) is for a prohibited reason if it is engaged in because the other person:

  (a)   may volunteer to render defence service; or

  (b)   is rendering defence service; or

  (c)   is, or may become, liable to render defence service; or

  (d)   has previously rendered defence service.

  (3)   Harass includes abuse or bully.

  (4)   Each of the following is a protected worker of a person:

  (a)   an employee of the person;

  (b)   a commission agent or contractor of the person;

  (c)   a person who is seeking to become an employee, partner, commission agent or contractor of the person;

  (d)   an officer or employee of:

  (i)   a commission agent or contractor of the person; or

  (ii)   a person who is seeking to become a commission agent or contractor of the person.

  (5)   A person is a protected co - worker of another person if:

  (a)   the first person is an employee, commission agent or contractor of a third person; and

  (b)   the other person is an employee, commission agent or contractor of:

  (i)   the third person; or

  (ii)   a different person, if the first person and the other person work together in performing the duties of their respective employments, commission agencies or contracts.

Penalties

  (6)   A person who contravenes subsection   (1) commits an offence.

Penalty:   30 penalty units.

  (7)   A person who contravenes subsection   (1) is liable to a civil penalty.

Civil penalty:   100 penalty units.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback