Commonwealth Numbered Acts

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

Penalty:

                     (a)  In the case of an individual--$100 000.

                     (b)  In the case of a body corporate--$500 000.

Note:          Civil proceedings may be brought under Division 3 of this Part in relation to a contravention of this section.

             (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.



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