Australian Capital Territory Current Acts

WORK HEALTH AND SAFETY ACT 2011 - SECT 108

    (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—$100 000; or

        (b)     in the case of a body corporate—$500 000.

Note     A civil proceeding may be brought under div 6.3 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 "means—

        (a)     a police officer; or

        (b)     a member of an emergency service.

Note     An emergency service means the ambulance service, the fire and rescue service, the rural fire service or the SES (see Legislation Act

, dict, pt 1).