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Contents (2011 - 10)
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Work Health and Safety Act 2011 No 10
Current version for 6 January 2017 to date (accessed 23 April 2017 at 17:57)
Part 6 Division 1 Section 106
106   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.