Commonwealth Consolidated Acts

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WORK HEALTH AND SAFETY ACT 2011 - SECT 115

Prohibition of multiple actions

    A person cannot:

  (a)   commence a proceeding under Division   3 of this Part   if the person has commenced a proceeding or made an application or complaint in relation to the same matter under a law of the Commonwealth or a State and that proceeding, application or complaint has not been withdrawn; or

  (b)   recover any compensation under Division   3 of this Part   if the person has received compensation for the matter under a law of the Commonwealth or a State; or

  (c)   commence or continue an application under Division   3 of this Part   if the person has failed in a proceeding, application or complaint in relation to the same matter under a law of the Commonwealth or a State, other than a proceeding, application or complaint relating to workers' compensation.

Note:   Division   7 of Part   13 sets out the procedure in relation to the bringing of proceedings in respect of WHS civil penalty provisions.


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