What remedies are available?

Breaches of the general protections set out in Pt 3-1 are ”civil penalty provisions". This means that persons who contravene those provisions are liable to the imposition of monetary penalties of up to $63,000 per breach in the case of bodies corporate, and $12,600 for other persons.

In addition to the imposition of monetary penalties, the Federal Court or the Federal Circuit Court can make any order they consider appropriate where they are satisfied that a person has contravened or proposes to contravene Pt 3-1. Such orders can include compensation (with no upper limit); injunctions (interim and permanent); orders of reinstatement; and declarations.

Accessories to the adverse treatment may also be liable for penalties and compensation orders: s 550 of the FW Act.

Court costs are not normally available in Pt 3-1 cases, except where the court is satisfied that a party initiated proceedings ”vexatiously or without reasonable cause", or in other circumstances that are set out in s 570 of the FW Act.

See What remedies are available?