• Specific Year
    Any

WORK HEALTH AND SAFETY ACT 2011 - SECT 104 Prohibition of discriminatory conduct

WORK HEALTH AND SAFETY ACT 2011 - SECT 104

Prohibition of discriminatory conduct

    (1)     A person must not engage in discriminatory conduct for a prohibited reason.

Maximum penalty:

        (a)     in the case of an individual—$100 000; or

        (b)     in the case of a body corporate—$500 000.

    (2)     A person commits an offence under subsection (1) only if the reason referred to in section 106 (What is a prohibited reason ) was the dominant reason for the discriminatory conduct.

Note     A civil proceeding may be brought under div 6.3 in relation to discriminatory conduct engaged in for a prohibited reason.

    (3)     For the purposes of the application of the Criminal Code 2002

in relation to an offence under subsection (1), intention is the fault element for the physical element of engaging in conduct.