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Work Health and Safety Act 2011
103Part does not apply to prisoners
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103 Part does not apply to prisoners
Nothing in this part applies to a worker who is a prisoner in custody
in a prison or police gaol.
Note Work health and safety of detainees in correctional centres and elsewhere
is dealt with in the Corrections Management Act 2007, s 219.
Part 6 Discriminatory, coercive and
misleading conduct
Division 6.1 Prohibition of discriminatory,
coercive or misleading conduct
104 Prohibition of discriminatory conduct
(1) A person must not engage in discriminatory conduct for a prohibited
reason.
(2) A person commits an offence under subsection (1) only if the reason
referred to in section 106 (What is a prohibited reason) was the
dominant reason for the discriminatory conduct.
Note A civil proceeding may be brought under div 6.3 in relation to
discriminatory conduct engaged in for a prohibited reason.
(3) For the purposes of the application of the Criminal Code 2002 in
relation to an offence under subsection (1), intention is the fault
element for the physical element of engaging in conduct.