South Australian Current Acts

WORK HEALTH AND SAFETY ACT 2012 - 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.

Maximum penalty:

            (a)         in the case of an individual—$100 000;

            (b)         in the case of a body corporate—$500 000.

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.