106—What is a " "prohibited reason"
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.