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Section : 25 Compensation orders
Domain : Human Resource Management
Classification : Not Identified
Text Content
- (1) The Federal Court or the Federal Circuit and Family Court of Australia (Division 2) may order an entity to compensate a person for loss or damage (including injury to the person's feelings or humiliation) suffered by the person if:
- (a) either:
- (i) a civil penalty order has been made under subsection 82(3) of the Regulatory Powers Act against the entity for a contravention of a civil penalty provision of this Part; or
- (ii) the entity is found guilty of an offence against this Part; and
- (b) that loss or damage resulted from the contravention or commission of the offence. The order must specify the amount of compensation.
- (2) The court may make the order only if:
- (a) the person applies for an order under this section; and
- (b) the application is made within 6 years of the day the cause of action that relates to the contravention or commission of the offence accrued.
- (3) If the court makes the order, the amount of compensation specified in the order that is to be paid to the person may be recovered as a debt due to the person.