Section 92 — Health and Safety at Work Act 2015: Prohibition on coercion or inducement

92 Prohibition on 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 perform or not to perform, or to propose to perform or not to perform, a function under this Act or a function under this Act in a particular way; or (b) to exercise or not to exercise, or propose to exercise or not to exercise, a power under this Act or a power under this Act in a particular way; or (c) to refrain from seeking, or continuing to undertake, a role under this Act. (2) For the purposes of subsection (1), the following are not to be treated as an action with intent to coerce or induce a person: (a) a reasonable direction given by a constable: (b) a reasonable direction given by an emergency services worker in an emergency. (3) A person who contravenes subsection (1) commits an offence and is liable on conviction,— (a) for an individual, to a fine not exceeding $100,000: (b) for any other person, to a fine not exceeding $500,000. (4) In this section,— emergency services worker includes a person who has a legal duty (under any enactment, employment agreement, other binding agreement or arrangement, or other source) to, at the scene of an emergency, provide 1 or more of the following services: (a) ambulance services, first aid, or medical or paramedical care: (b) services provided by or on behalf of a fire brigade (within the meaning of section 2(1) of the Fire Service Act 1975) to save life or property organise or take, or threaten to organise or take, any action against a person includes not taking a particular action or threatening not to take a particular action in relation to that person. Compare: Model Work Health and Safety Act (Aust) s 108