New South Wales Consolidated Acts

WORK HEALTH AND SAFETY ACT 2011 - SECT 108

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.

: Maximum penalty--

(a) in the case of an individual--1,155 penalty units, or

(b) in the case of a body corporate--5,770 penalty units.

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.

(4) In this section,
"emergency services worker" includes an officer, employee or member of any of the following--

(a) the Ambulance Service of NSW,

(b) Fire and Rescue NSW,

(c) the NSW Rural Fire Service,

(d) the NSW Police Force,

(e) the State Emergency Service,

(f) the NSW Volunteer Rescue Association Inc,

(g) the New South Wales Mines Rescue Brigade established under the Coal Industry Act 2001 ,

(h) an accredited rescue unit within the meaning of the State Emergency and Rescue Management Act 1989 .