Reprisal under section 275AA

Reprisal protection

A person must not cause, or attempt or conspire to cause, detriment to another person because, or in the belief that, the other person—

(a) has made a complaint, or in any other way has raised, a coal mine safety issue; or

(b )has contacted or given help to an official in relation to a coal mine safety issue.

​An attempt to cause detriment includes an attempt to induce a person to cause detriment.

What is a coal mines safety issue?

A coal mine safety issue means an issue about the safety or health of a person or persons while at a coal mine or as a result of coal mining operations. It is really broad and probably intentionally so in the drafting of the legislation, to help achieve the goal of the Act - everyone's health and safety while working at a coal mine. 

What is a complaint?

A complaint includes making a complaint about work conditions, your employment, another worker, a safety issue and much more. The people who wrote the Act deliberately made it broad so it could capture protected activity.

What does detriment mean?

(a) personal injury or prejudice to safety; and

(b) property damage or loss; and

(c) intimidation or harassment; and

(d) adverse discrimination, disadvantage or adverse treatment about career, profession, employment, trade or business; and

(e) financial loss; and

(f) damage to reputation, including, for example, personal, professional or business reputation.

Detriment is much more broadly defined than 'adverse action' under the Fair Work Act. Detriment under the Coal Mining Safety and Health Act 1999 can encompass not only serious harms like physical injury or property loss but also subtler forms of retaliation and unfair treatment. In addition to “petty punishment,” examples of detriment may include:

Undermining Performance or Reputation: Spreading rumors, giving unwarranted negative feedback, or assigning tasks designed to set someone up for failure.

Exclusion or Isolation: Leaving a worker out of meetings, decisions, or important communications that affect their role or future opportunities.

Denied Opportunities: Blocking promotions, training, or professional development without valid reason.

Psychological or Emotional Harm: Creating or allowing a hostile work environment through bullying, public humiliation, or ongoing intimidation.

Blacklisting or Refusal of References: Damaging someone’s future career prospects by refusing to provide references or by circulating negative information to potential employers.

Because 'detriment' covers such a wide range of possible harm, including harms to reputation, career progression, and emotional wellbeing, it offers protections that go well beyond the narrower scope of 'adverse action' under the Fair Work Act. This broad definition helps ensure workers are safeguarded against many forms of retaliation, not just the most obvious ones.

If you face reprisal for raising a coal mine safety issue, you have built-in recourse in the Act. 

Damages entitlement for reprisal

(1) A reprisal is a tort (a civil wrong) and a person who takes a reprisal is liable in damages to anyone who suffers detriment as a result.

(2) Any appropriate remedy that may be granted by a court for a tort may be granted by a court for the taking of a reprisal.

Fun fact: Both an employer company and the members of management can be held accountable for reprisal. By holding individuals accountable under this section, coal mine workers can improve the safety of their workplaces.