AustLII Tasmanian Consolidated Acts

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WORK HEALTH AND SAFETY ACT 2012 - SECT 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:  In the case of –
(a) an individual, a fine not exceeding $100 000; or
(b) a body corporate, a fine not exceeding $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.
(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.



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