New South Wales Consolidated Acts

WORK HEALTH AND SAFETY ACT 2011 - SECT 105

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.