NSWIn ForceAct
Children (Education and Care Services) Supplementary Provisions Act 2011
297Protection from reprisal
Start here
Get a plain-English read of 297
Turn the raw legal text into a practical explanation grounded in Children (Education and Care Services) Supplementary Provisions Act 2011.
#### 297 Protection from reprisal
297 Protection from reprisal
> > (1) A person must not take serious detrimental action against a person in reprisal for a protected disclosure.
> >
> > Penalty—
> >
> > > $10 000 in the case of an individual.
> >
> > > $50 000 in any other case.
>
> > (2) A person takes serious detrimental action in reprisal for a protected disclosure if—
> >
> > > (a) the person takes or threatens to take the action because—
> > >
> > > > (i) a person has made, or intends to make, a protected disclosure; or
> > >
> > > > (ii) the person believes that a person has made or intends to make the protected disclosure; or
> >
> > > (b) the person incites or permits another person to take or threaten to take the action for either of those reasons.
>
> > (3) In determining whether a person takes serious detrimental action in reprisal, it is irrelevant whether or not a reason referred to in subsection (2) is the only or dominant reason as long as it is a substantial reason.