Indirect Discriminatory Conduct

What it is

The WHS laws also prohibits a person from engaging in discriminatory conduct indirectly.

Person A will indirectly discriminate against Person B if Person A:

  • requests,

  • instructs,

  • induces,

  • encourages,

  • authorises, or

  • assists,

a third person to engage in discriminatory conduct (as described in our previous article Direct Discriminatory Conduct) against Person B.

If Person A has engaged in this type of conduct, they:

  • not only face the possibility of having civil proceedings brought against them, but

  • could have criminal 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: Coercion or Inducement