Section 95 — Health and Safety at Work Act 2015: Civil proceedings in relation to engaging in or inducing adverse or coercive conduct

95 Civil proceedings in relation to engaging in or inducing adverse or coercive conduct (1) An eligible person may apply to a District Court for 1 or more orders specified in subsection (2) in relation to a person who has— (a) engaged in adverse conduct for a prohibited health and safety reason; or (b) requested, instructed, induced, encouraged, authorised, or assisted another person to engage in adverse conduct for a prohibited health and safety reason; or (c) breached section 92 (which relates to the prohibition on coercion or inducement). (2) The orders are— (a) an injunction restraining the person from engaging in conduct described in subsection (1): (b) for conduct referred to in subsection (1)(a) or (b), an order that the person pay compensation that the court considers appropriate to the person who was the subject of the adverse conduct: (c) any other order that the court considers appropriate. (3) The court may grant an interim injunction restraining a person from engaging in conduct described in subsection (1) if, in its opinion, it is desirable to do so. (4) For the purposes of this section, a person may be found to have engaged in adverse conduct for a prohibited health and safety reason only if a prohibited health and safety reason was a substantial reason for the conduct. (5) For the purposes of this section, eligible person means— (a) a person affected by conduct described in subsection (1), or the person’s representative; but (b) does not include an employee (or that employee’s representative) in relation to conduct of that employee’s employer or former employer. Compare: Model Work Health and Safety Act (Aust) s 112