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Occupational Health and Safety - Civil action for alleged discrimination

Procedure relating to civil actions under Subdivision 2, Division 9 of Part 7 of the Occupational Health and Safety Act 2004.

Background

On 1 July 2009, civil provisions came into operation under Subdivision 2, Division 9 of Part 7 of the Occupational Health and Safety Act 2004, dealing with cases of alleged discrimination. Such matters are heard in the Industrial Division of the Magistrates’ Court.

Applications

Applications must be filed with the Industrial Division of the Magistrates’ Court.

Under Section 78E of Occupational Health and Safety Act 2004, a proceeding brought for contravention of section 78A or 78C of the Act must be commenced not more than 1 year after the date on which the plaintiff knew or ought to have known that the cause of action accrued.

Information on procedures is contained on the Industrial Division page - see related pages panel on the right.

Contacts

Civil Registry - Magistrates' Court

Contact the Magistrates' Court where your matter is listed or your nearest court.  Contact details for all Victorian Magistrates' Courts are available under 'Court Locations'

Email: help@magistratescourt.vic.gov.au