Queensland Consolidated Acts

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WORK HEALTH AND SAFETY ACT 2011 - SECT 106

What is a prohibited reason

106 What is a prohibited reason

Conduct mentioned in section 105 is engaged in for a
"prohibited reason" if it is engaged in because the worker or prospective worker or the person mentioned in section 105 (1) (c) or (d) (as the case requires)—

(a) is, has been or proposes to be a work health and safety officer, a health and safety representative or a member of a health and safety committee; or
(b) undertakes, has undertaken or proposes to undertake another role under this Act; or
(c) exercises a power or performs a function or has exercised a power or performed a function or proposes to exercise a power or perform a function as a work health and safety officer, as a health and safety representative or as a member of a health and safety committee; or
(d) exercises, has exercised or proposes to exercise a power under this Act or exercises, has exercised or proposes to exercise a power under this Act in a particular way; or
(e) performs, has performed or proposes to perform a function under this Act or performs, has performed or proposes to perform a function under this Act in a particular way; or
(f) refrains from, has refrained from or proposes to refrain from exercising a power or performing a function under this Act or refrains from, has refrained from or proposes to refrain from exercising a power or performing a function under this Act in a particular way; or
(g) assists or has assisted or proposes to assist, or gives or has given or proposes to give any information to any person exercising a power or performing a function under this Act; or
(h) raises or has raised or proposes to raise an issue or concern about work health and safety with—
(i) the person conducting a business or undertaking; or
(ii) an inspector; or
(iii) a WHS entry permit holder; or
(iv) a health and safety representative; or
(v) a work health and safety officer who is not the person conducting the business or undertaking; or
(vi) a member of a health and safety committee; or
(vii) another worker; or
(viii) any other person who has a duty under this Act in relation to the matter; or
(ix) any other person exercising a power or performing a function under this Act; or
(i) is involved in, has been involved in or proposes to be involved in resolving a work health and safety issue under this Act; or
(j) is taking action, has taken action or proposes to take action to seek compliance by any person with any duty or obligation under this Act.



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