Victorian Consolidated Legislation

Occupational Health and Safety Act 2004 - SECT 78B

Prohibited reasons

78B. Prohibited reasons



(1) Conduct referred to in section 78A is for a prohibited reason if it is
carried out because the employee or prospective employee-

   (a)  is or has been a health and safety representative or a member of a
        health and safety committee; or

   (b)  exercises or has exercised a power as a health and safety
        representative or as a member of a health and safety committee; or

   (c)  assists or has assisted, or gives or has given any information to, an
        inspector, an authorised representative of a registered employee
        organisation, a health and safety representative or a member of a
        health and safety committee; or

   (d)  raises or has raised an issue or concern about health and safety to an
        employer, an inspector, an authorised representative of a registered
        employee organisation, a health and safety representative, a member of
        a health and safety committee or an employee of the employer.

(2) For the purposes of section 78A, an employer or prospective employer may
be found to have engaged in discriminatory conduct for a prohibited reason if
a reason mentioned in subsection (1) is a substantial reason for the conduct.