Section 106 — Work Health and Safety Act 2011: What is a prohibited reason

Conduct referred to in section 105 is engaged in for a prohibited reason if it is engaged in because the worker or prospective worker or the person referred to in section 105(1)(c) or (d) (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) 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 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 member of a health and safety committee; or (vi) another worker; or (vii) any other person who has a duty under this Act in relation to the matter; or (viii) 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.