Western Australian Current Acts

WORK HEALTH AND SAFETY ACT 2020 - SECT 106

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, 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 holder of an IR entry authority; 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.