Australia Work Health and Safety Act 2011 (Cth)
Part 6: Discriminatory, coercive and misleading conduct – Australia Work Health and Safety Act 2011 (Cth)

Australia Work Health and Safety Act 2011 (Cth) s104-106: ss 104 to 106 Prohibition of discriminatory conduct for a prohibited reason

A person does not engage in discriminatory conduct for a prohibited reason. Discriminatory conduct is dismissing a worker, terminating a contract for services, putting a worker to detriment or altering the worker's position to his or her detriment, refusing or failing to engage a prospective worker or offering less favourable terms, or terminating or refusing to enter a commercial arrangement, or organising or threatening any of these (s 105). A prohibited reason is that the worker or other person is, was or proposes to be an HSR or committee member, undertakes another role under the Act, exercises or refrains from exercising powers or functions under the Act, assists or gives information to anyone exercising powers under the Act, raises a WHS issue or concern with the PCBU, an inspector, an entry permit holder, an HSR, a committee member, another worker or another duty holder, is involved in resolving a WHS issue, or takes action to seek compliance with the Act (s 106). For the criminal offence the prohibited reason must be the dominant reason (presumed unless the accused proves otherwise); in civil proceedings it need only be a substantial reason (ss 110, 112, 113).

Maintained by Gerard Blokdyk

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Other controls in Part 6: Discriminatory, coercive and misleading conduct – Australia Work Health and Safety Act 2011 (Cth)

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