Misrepresent-
ation

The WHS Act also prohibits Person A from:

  • knowingly or recklessly,

  • making a false or misleading representation,

  • to Person B about Person B’s:

    • rights and/or obligations under the WHS Act, or

    • ability to either:

      • initiate and/or participate in a process or proceedings under the WHS Act, or

      • make a complaint or inquiry to a person or body empowered under the WHS Act to seek compliance with the Act.

However, this prohibition does not apply if Person B would not be expected to rely on Person A’s representation.

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).