Commonwealth Consolidated Acts

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WORK HEALTH AND SAFETY ACT 2011 - SECT 105

What is discriminatory conduct

  (1)   For the purposes of this Part, a person engages in discriminatory conduct if:

  (a)   the person:

  (i)   dismisses a worker; or

  (ii)   terminates a contract for services with a worker; or

  (iii)   puts a worker to his or her detriment in the engagement of the worker; or

  (iv)   alters the position of a worker to the worker's detriment; or

  (b)   the person:

  (i)   refuses or fails to offer to engage a prospective worker; or

  (ii)   treats a prospective worker less favourably than another prospective worker would be treated in offering terms of engagement; or

  (c)   the person terminates a commercial arrangement with another person; or

  (d)   the person refuses or fails to enter into a commercial arrangement with another person.

  (2)   For the purposes of this Part, a person also engages in discriminatory conduct if the person organises to take any action referred to in subsection   (1) or threatens to organise or take that action.


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