300AInjunctions relating to serious detrimental action [NSW]

300A Injunctions relating to serious detrimental action [NSW]

300A Injunctions relating to serious detrimental action [NSW]

(1) The Supreme Court may, on the application of a person who believes serious detrimental action has been taken or may be taken against the person, grant an injunction relating to the commission or possible commission of a serious detrimental action offence.

(2) The terms of the injunction may—

(a) restrain a person from engaging in conduct that would constitute a serious detrimental action offence; or

(b) require a person to do an act or thing to remedy conduct that constitutes a serious detrimental action offence.

(3) An injunction restraining a person from engaging in conduct that would constitute a serious detrimental action offence may be granted—

(a) whether or not the person has previously engaged in conduct of that kind; and

(b) whether or not it appears to the Supreme Court the person intends to continue to engage in conduct of that kind; and

(c) whether or not there is an imminent danger of substantial damage to another person if the person engages in conduct of that kind.

(4) To avoid doubt, an injunction granted under this section may—

(a) require a formal apology to be made to a person against whom serious detrimental action has been taken; or

(b) restrain serious detrimental action comprising an attempt to terminate a person’s employment in a particular position or role; or

(c) require the reinstatement in the same or a substantially similar position or role of a person against whom serious detrimental action comprising termination of employment in a particular position or role has been taken.

(5) An injunction granted in the terms specified in subsection (4)(c) must be complied with despite an inconsistent provision in another Act or law.

(6) The Supreme Court may grant an interim injunction pending determination of an application under this section.

(7) The Supreme Court may not require an undertaking as to damages as a condition of granting the interim injunction.