Coercion or Inducement

Another type of conduct that is prohibited under the WHS Act is that of coercion or inducement.

Again, the easiest way to understand how the WHS laws apply here is that:

The Behaviour + The Reason = The Penalty

The Behaviour

The WHS Act applies when Person A either:

  • organises or takes (or fails to organise or take), or

  • threatens to organise or take (or fails to threaten to organise or take),

any action against Person B or a third person.

However, the WHS Act does not apply if Person A is an emergency services worker who gives a reasonable direction in an emergency.

The Reason

There are types of reasons that make Person A’s behaviour unlawful. Both relate to outcomes.

The first is so that:

  • Person B or the third person:

    • exercises or does not exercise a power,

    • propose to exercise or not to exercise a power,

    • performs or does not perform a function,

    • propose to perform or not perform a function,

  • under the WHS Act, either:

    • in a particular way, or

    • at all.

The second is so that Person B or the third party does not either:

  • seek, or

  • continue to undertake,

a role under the WHS Act.

If the above conditions are satisfied, then Person A faces the possibility of having civil proceedings brought against them.

The Maximum Penalty

  • For an individual – 1,206 PU (for the 2025-26 year = $148,711).

  • For a body corporate – 6,028 PU (for the 2025-26 year = $743,312).

Continue to the next article: Misrepresentation