Northern Territory Consolidated Acts

WORK HEALTH AND SAFETY (NATIONAL UNIFORM LEGISLATION) ACT 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.