Commonwealth Consolidated Acts

FAIR WORK ACT 2009 - SECT 674

Insulting or disturbing an FWC Member

  (1)   A person commits an offence if:

  (a)   the person engages in conduct; and

  (b)   the person's conduct insults or disturbs an FWC Member in the performance of functions, or the exercise of powers, as an FWC Member.

Penalty:   Imprisonment for 12 months.

Using insulting language

  (2)   A person commits an offence if:

  (a)   the person uses insulting language towards another person; and

  (b)   the person is reckless as to whether the language is insulting; and

  (c)   the other person is an FWC Member performing functions, or exercising powers, as an FWC Member.

Penalty:   Imprisonment for 12 months.

Interrupting matters before the FWC

  (3)   A person commits an offence if:

  (a)   the person engages in conduct; and

  (b)   the person's conduct interrupts a matter before the FWC.

Penalty:   Imprisonment for 12 months.

Creating or continuing a disturbance

  (4)   A person commits an offence if:

  (a)   the person engages in conduct; and

  (b)   the person's conduct creates, or contributes to creating or continuing, a disturbance; and

  (c)   the disturbance is in or near a place where the FWC is dealing with a matter.

Penalty:   Imprisonment for 12 months.

Improper influence of FWC Members etc.

  (5)   A person commits an offence if:

  (a)   the person uses words (whether by writing or speech) that are intended to improperly influence another person; and

  (b)   the other person is an FWC Member or a person attending before the FWC.

Penalty:   Imprisonment for 12 months.

Delegates of the FWC

  (6)   A reference in subsections   (1) to (5) to the FWC or an FWC Member includes a delegate of the FWC.

Adversely affecting public confidence in the FWC

  (7)   A person commits an offence if:

  (a)   the person publishes a statement; and

  (b)   the statement implies or states that an FWC Member (whether identified or not) has engaged in misconduct in relation to the performance of functions, or the exercise of powers, as an FWC Member; and

  (c)   the FWC Member has not engaged in that misconduct; and

  (d)   the publication is likely to have a significant adverse effect on public confidence that the FWC is properly performing its functions and exercising its powers.

Penalty:   12 months imprisonment.

Note 1:   Sections   135.1, 135.4, 139.1, 141.1 and 142.1 of the Criminal Code create offences of using various dishonest means to influence a Commonwealth public official.

Note 2:   Sections   676 and 678 of this Act and sections   36A, 37, 38 and 40 of the Crimes Act 1914 create offences relating to interference with a witness. Section   39 of that Act makes it an offence to destroy anything that may be required in evidence.