Can I be sacked for raising a safety issue at work in Australia?

No — dismissing a worker because they raised a work health and safety issue is prohibited 'discriminatory conduct' under the model Work Health and Safety Act 2011 (s.104). Section 105 makes dismissing, demoting, cutting hours, treating less favourably, or even threatening any of those unlawful, and s.106 lists raising a WHS concern as a 'prohibited reason'. The conduct must be engaged in because of that reason. It can be a criminal offence, and you may complain to your WHS regulator and/or seek a civil remedy. The same facts can also be a Fair Work general protections claim.

What is a prohibited reason under the WHS Act?

A 'prohibited reason' (model WHS Act s.106) is a work health and safety reason your employer is not allowed to act against you for. It includes that you are, were, or proposed to be a Health and Safety Representative (HSR) or committee member; raised a WHS issue or concern; assisted or gave information to an inspector or the regulator; ceased work you reasonably believed was unsafe (s.84); or took action to seek compliance with WHS law. If your employer engages in discriminatory conduct (s.105) because of one of these, it is prohibited under s.104.

What can I do about a WHS reprisal?

You have two main avenues. First, report the conduct to your work health and safety regulator (such as SafeWork NSW, WorkSafe Victoria, WorkSafe WA, or Comcare). The regulator can investigate and prosecute — discriminatory and coercive conduct for a prohibited reason carries penalties (model WHS Act ss.104–108). Second, a person who has had discriminatory conduct engaged in against them may apply to a court for civil remedies or orders, such as reinstatement, compensation, or an injunction. Get advice before deciding which to pursue.

Does WHS reprisal overlap with Fair Work general protections?

Yes. A complaint or inquiry about safety is also a 'workplace right' under the Fair Work Act 2009 (Cth) (s.341), so being punished for it can be 'adverse action' and a general protections claim (s.340) as well as a WHS reprisal. The same facts can support both. Importantly, a general protections claim involving dismissal must be lodged with the Fair Work Commission within 21 calendar days of the dismissal (s.366) — a strict limit. If you were dismissed, do not wait. You generally cannot be compensated twice for the same harm, so get advice on which avenue to run.

Do the WHS reprisal rules differ in Victoria and Western Australia?

The section numbers do. Most states and territories and the Commonwealth (Comcare) follow the model WHS Act sections 104–116. Victoria is not harmonised — it prohibits the same conduct as 'discrimination' under Part 6 of the Occupational Health and Safety Act 2004 (Vic). Western Australia runs its own equivalent provisions under the Work Health and Safety Act 2020 (WA). The protection against being punished for a safety reason is broadly the same in every state, even though the citation changes.

WHS Reprisal & Discriminatory Conduct Checker

Were you punished for raising a safety issue or being an HSR? Check whether it is prohibited discriminatory or coercive conduct under the WHS Act.

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Liquid Employment Lawyers is a paid legal service and our referral partner, not free Fair Work advice. FairWork Mate may receive a referral fee from Liquid Legal. Tell them what has happened and a member of their team will call you back. For free general guidance, use our tools or call the Fair Work Ombudsman on 13 13 94.

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