Queensland Consolidated Acts

WORK HEALTH AND SAFETY ACT 2011 - SECT 112

112 Civil proceedings in relation to engaging in or inducing discriminatory or coercive conduct

(1) An eligible person may apply to the commission for an order under this section.

(2) The commission may make 1 or more of the orders set out in subsection (3) in relation to a person who has—

(a) engaged in discriminatory conduct for a prohibited reason; or

(b) requested, instructed, induced, encouraged, authorised or assisted another person to engage in discriminatory conduct for a prohibited reason; or

(c) contravened section 108 .

(3) For subsection (2) , the orders that the commission may make are—

(a) an injunction; or

(b) in the case of conduct mentioned in subsection (2) (a) or (b) , an order that the person pay (within a stated period) the compensation to the person who was the subject of the discriminatory conduct that the commission considers appropriate; or

(c) in the case of conduct mentioned in subsection (2) (a) in relation to a worker who was or is an employee or prospective employee, an order that—

(i) the worker be reinstated or re-employed in his or her former position or, if that position is not available, in a similar position; or

(ii) the prospective worker be employed in the position for which he or she had applied or a similar position; or

(d) any other order that the commission considers appropriate.

(4) For this section, a person may be found to have engaged in discriminatory conduct for a prohibited reason only if a reason mentioned in section 106 was a substantial reason for the conduct.

(5) Nothing in this section is to be construed as limiting any other power of the commission.

(6) For this section, each of the following is an
"eligible person" —

(a) a person affected by the contravention;

(b) if a worker is affected by the contravention as a worker—a suitable entity representing the worker;

(c) if a person is affected by the contravention other than as a worker—someone who is authorised as a representative by the person.