Health and Safety at Work Act 2015

89 Meaning of prohibited health and safety reason

For the purposes of this subpart, adverse conduct is engaged in for a prohibited health and safety reason if it is engaged in because the worker or prospective worker or the person referred to in section 88(1)(b) or (c) (as the case requires)—

(a)

is, has been, or proposes to be 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)

performs, has performed, or proposes to perform a function—

(i)

as a health and safety representative or as a member of a health and safety committee; or

(ii)

under this Act; or

(iii)

under this Act in a particular way; or

(d)

refrains from, has refrained from, or proposes to refrain from performing a function under this Act or under this Act in a particular way; or

(e)

exercises, has exercised, or proposes to exercise a power—

(i)

as a health and safety representative; or

(ii)

under this Act; or

(iii)

under this Act in a particular way; or

(f)

refrains from, has refrained from, or proposes to refrain from exercising a power under this Act or under this Act in a particular way; or

(g)

assists, has assisted, or proposes to assist, or gives, has given, or proposes to give, any information to any person performing a function or exercising a power under this Act; or

(h)

raises, has raised, or proposes to raise an issue or concern about health and safety with—

(i)

the PCBU; or

(ii)

the regulator or an inspector; or

(iii)

a worker’s representative; or

(iv)

another worker; or

(v)

a health and safety representative; or

(vi)

a member of a health and safety committee; or

(vii)

any other person who has a duty under this Act in relation to the matter; or

(viii)

any other person performing a function or exercising a power under this Act; or

(i)

is involved in, has been involved in, or proposes to be involved in resolving a 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; or

(k)

has ceased work under section 83 or 84.

Compare: Model Work Health and Safety Act (Aust) s 106