Commonwealth Consolidated Acts

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When is a worker bullied at work ?

  (1)   A worker is bullied at work if:

  (a)   while the worker is at work in a constitutionally - covered business:

  (i)   an individual; or

  (ii)   a group of individuals;

    repeatedly behaves unreasonably towards the worker, or a group of workers of which the worker is a member; and

  (b)   that behaviour creates a risk to health and safety.

  (2)   To avoid doubt, subsection   (1) does not apply to reasonable management action carried out in a reasonable manner.

  (3)   If a person conducts a business or undertaking (within the meaning of the Work Health and Safety Act 2011 ) and either:

  (a)   the person is:

  (i)   a constitutional corporation; or

  (ii)   the Commonwealth; or

  (iii)   a Commonwealth authority; or

  (iv)   a body corporate incorporated in a Territory; or

  (b)   the business or undertaking is conducted principally in a Territory or Commonwealth place;

then the business or undertaking is a constitutionally - covered business .

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