Commonwealth Numbered Acts

WORK HEALTH AND SAFETY ACT 2011 (NO. 137, 2011) - SECT 106

                   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

                      (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.