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).