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Work Health and Safety Act 2011
106What is a prohibited reason
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106 What is a prohibited reason
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
Division 6.1 Prohibition of discriminatory, coercive or misleading conduct
(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.