Queensland Consolidated Acts

COAL MINING SAFETY AND HEALTH ACT 1999 - SECT 275AA

275AA Protection from reprisal

(1) A person must not cause, or attempt or conspire to cause, detriment to another person because, or in the belief that, the other person—

(a) has made a complaint, or in any other way has raised, a coal mine safety issue; or

(b) has contacted or given help to an official in relation to a coal mine safety issue.

Penalty—

Maximum penalty—1,000 penalty units.

(2) An attempt to cause detriment includes an attempt to induce a person to cause detriment.

(3) A contravention of subsection (1) is a reprisal or the taking of a reprisal.

(4) A ground mentioned in subsection (1) as the ground for a reprisal is the unlawful ground for the reprisal.

(5) For the contravention to happen, it is sufficient if the unlawful ground is a substantial ground for the act or omission that is the reprisal, even if there is another ground for the act or omission.

(6) This section does not limit or otherwise affect the operation of the Public Interest Disclosure Act 2010 , chapter 4 , part 1 in relation to reprisals.

(7) In this section—

"coal mine safety issue" means an issue about the safety or health of a person or persons while at a coal mine or as a result of coal mining operations.

"detriment" includes—

(a) personal injury or prejudice to safety; and

(b) property damage or loss; and

(c) intimidation or harassment; and

(d) adverse discrimination, disadvantage or adverse treatment about career, profession, employment, trade or business; and

(e) financial loss; and

(f) damage to reputation, including, for example, personal, professional or business reputation.