Commonwealth Consolidated Acts

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WORK HEALTH AND SAFETY ACT 2011 - SECT 108

Prohibition of coercion or inducement

  (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.

Penalty:   The tier A monetary penalty.

Note:   Civil proceedings may be brought under Division   3 of this Part   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.


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