Commonwealth Consolidated Acts

WORK HEALTH AND SAFETY ACT 2011 - SECT 106

    Conduct referred to in section   105 is engaged in for a prohibited reason if it is engaged in because the worker or prospective worker or the person referred to in section   105(1)(c) or (d) (as the case requires):

  (a)   is, has been or proposes to be a health and safety representative or a member of a health and safety committee; or

  (b)   undertakes, has undertaken or proposes to undertake another role under this Act; or

  (c)   exercises a power or performs a function or has exercised a power or performed a function or proposes to exercise a power or perform a function as a health and safety representative or as a member of a health and safety committee; or

  (d)   exercises, has exercised or proposes to exercise a power under this Act or exercises, has exercised or proposes to exercise a power under this Act in a particular way; or

  (e)   performs, has performed or proposes to perform a function under this Act or performs, has performed or proposes to perform a function under this Act in a particular way; or

  (f)   refrains from, has refrained from or proposes to refrain from exercising a power or performing a function under this Act or refrains from, has refrained from or proposes to refrain from exercising a power or performing a function under this Act in a particular way; or

  (g)   assists or has assisted or proposes to assist, or gives or has given or proposes to give any information to any person exercising a power or performing a function under this Act; or

  (h)   raises or has raised or proposes to raise an issue or concern about work health and safety with:

  (i)   the person conducting a business or undertaking; or

  (ii)   an inspector; or

  (iii)   a WHS entry permit holder; or

  (iv)   a health and safety representative; or

  (v)   a member of a health and safety committee; or

  (vi)   another worker; or

  (vii)   any other person who has a duty under this Act in relation to the matter; or

  (viii)   any other person exercising a power or performing a function under this Act; or

  (i)   is involved in, has been involved in or proposes to be involved in resolving a work health and safety issue under this Act; or

  (j)   is taking action, has taken action or proposes to take action to seek compliance by any person with any duty or obligation under this Act.