NTIn ForceAct
Work Health and Safety (National Uniform Legislation) Act 2011
106What is a prohibited reason
Start here
Get a plain-English read of 106
Turn the raw legal text into a practical explanation grounded in Work Health and Safety (National Uniform Legislation) Act 2011.
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
Work Health and Safety (National Uniform Legislation) Act 2011 66
(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.