Section 108 — Work Health and Safety Act 2011: 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: The tier A monetary penalty. 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.