Queensland Consolidated Acts

WORK HEALTH AND SAFETY ACT 2011 - SECT 108

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—

Maximum penalty—1,000 penalty units.

Note—

Civil proceedings may be taken under division 3 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 remove doubt it is declared that, a reasonable direction given by an emergency services worker in an emergency is not an action with intent to coerce or induce a person.

(4) In this section—

"emergency services worker" means a person who under an Act is authorised to give directions to anyone else for the purposes of an emergency.