Victoria Occupational Health and Safety Act 2004 s76: s 76 Do not discriminate against employees or job applicants for safety activity

An employer must not dismiss an employee, injure them in their employment, or change their position to their detriment, or threaten any of these; and neither an employer nor a prospective employer may refuse or fail to offer employment to a job applicant, or offer less favourable terms, where the dominant reason is that the person: (a) is or was an HSR or committee member; (b) exercises or exercised HSR or committee powers; (c) assists or assisted, or gave information to, the Authority, an inspector, a union authorised representative, an HSR or a committee member; or (d) raises or raised a health or safety concern with the employer, the Authority, an inspector, a union authorised representative, an HSR, a committee member or another employee. This is an indictable offence: maximum 500 penalty units for an individual, 2500 for a body corporate. Once other facts are proved, the accused must prove the alleged reason was not dominant (s 77); courts may order damages or reinstatement (s 78).