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Education and Care Services National Law Act 2010
297Protection from reprisal
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297 Protection from reprisal
Sch. s. 297(1) amended by Nos 43/2022 s. 96, 53/2025 s. 58.
(1) A person must not take serious detrimental action against a person in reprisal for a protected disclosure.
(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.