Document ID: chunk:federal_register_of_legislation:C2024A00043:clause:1_88b:p1
Version: federal_register_of_legislation:C2024A00043
Segment Type: clause
Provision Reference: sch 1 cl 88B (pt 1/2)
Character Range: 75868–78459

88B  What is a prohibited reason
  Discriminatory conduct is engaged in for a prohibited reason if it is engaged in because the employee or prospective employee:
 (a) has complained or proposes to complain about a matter concerning the health, safety or welfare of employees at work; or
 (b) has assisted or proposes to assist, by giving information or otherwise, the conduct of an OHS inspection or an inspection in relation to a listed OHS law for the purposes of Division 1 of Part 6.5 of this Act; or
 (c) has ceased, or proposes to cease, to perform work, in accordance with a direction by a health and safety representative under paragraph 44(1)(b) or (3)(c), and the cessation or proposed cessation does not continue after:
 (i) the health and safety representative has agreed with a person supervising the work that the cessation or proposed cessation was not, or is no longer, necessary; or
 (ii) a NOPSEMA inspector has, under subclause 44(5), made a decision that has the effect that the employee should perform the work; or
 (d) is, has been or proposes to be a health and safety representative or a member of a health and safety committee; or
 (e) undertakes, has undertaken or proposes to undertake another role under this Act (or regulations made for the purposes of this Act); or
 (f) exercises a power or performs a function, 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
 (g) exercises, has exercised or proposes to exercise a power under this Act (or regulations made for the purposes of this Act) or exercises, has exercised or proposes to exercise a power under this Act (or regulations made for the purposes of this Act) in a particular way; or
 (h) performs, has performed or proposes to perform a function under this Act (or regulations made for the purposes of this Act) or performs, has performed or proposes to perform a function under this Act (or regulations made for the purposes of this Act) in a particular way; or
 (i) refrains from, has refrained from or proposes to refrain from exercising a power or performing a function under this Act (or regulations made for the purposes of this Act) or refrains from, has refrained from or proposes to refrain from exercising a power or performing a function under this Act (or regulations made for the purposes of this Act) in a particular way; or
 (j) assists or has assisted or proposes to assist, or gives or has given or proposes to give any information to any person