Commonwealth Numbered Acts

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WORK HEALTH AND SAFETY ACT 2011 (NO. 137, 2011) - SECT 105

What is discriminatory conduct

             (1)  For the purposes of this Part, a person engages in discriminatory conduct if:

                     (a)  the person:

                              (i)  dismisses a worker; or

                             (ii)  terminates a contract for services with a worker; or

                            (iii)  puts a worker to his or her detriment in the engagement of the worker; or

                            (iv)  alters the position of a worker to the worker's detriment; or

                     (b)  the person:

                              (i)  refuses or fails to offer to engage a prospective worker; or

                             (ii)  treats a prospective worker less favourably than another prospective worker would be treated in offering terms of engagement; or

                     (c)  the person terminates a commercial arrangement with another person; or

                     (d)  the person refuses or fails to enter into a commercial arrangement with another person.

             (2)  For the purposes of this Part, a person also engages in discriminatory conduct if the person organises to take any action referred to in subsection (1) or threatens to organise or take that action.



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