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Work Health and Safety (National Uniform Legislation) Act 2011
108Prohibition of coercion or inducement
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108 Prohibition of coercion or inducement
(1) A person must not organise or take, or threaten to organise or take,
any action against another person with intent to coerce or induce
the other person, or a third person:
(a) to exercise or not to exercise a power, or to propose to
exercise or not to exercise a power, under this Act; or
(b) to perform or not to perform a function, or to propose to
perform or not to perform a function, under this Act; or
(c) to exercise or not to exercise a power or perform a function, or
to propose to exercise or not to exercise a power or perform a
function, in a particular way; or
(d) to refrain from seeking, or continuing to undertake, a role
under this Act.
Civil proceedings may be brought under Division 3 of this Part in relation to a
contravention of this section.
Work Health and Safety (National Uniform Legislation) Act 2011 68
(2) In this section, a reference to taking action or threatening to take
action against a person includes a reference to not taking a
particular action or threatening not to take a particular action in
relation to that person.
(3) To avoid doubt, a reasonable direction given by an emergency
services worker in an emergency is not an action with intent to
coerce or induce a person.
emergency services worker means:
(a) a police officer; or
(b) a member, as defined in section 3(1) of the Fire and
Emergency Act 1996; or
(c) a person of a prescribed class.