Education and Care Services National Law (Queensland)
sec.297Protection from reprisal
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sec.297 Protection from reprisal
A person must not take serious detrimental action against a person in reprisal for a protected disclosure. Penalty: $34 200, in the case of an individual. $172 200, in any other case. A person takes serious detrimental action in reprisal for a protected disclosure if— the person takes or threatens to take the action because— a person has made, or intends to make, a protected disclosure; or the person believes that a person has made or intends to make the protected disclosure; or the person incites or permits another person to take or threaten to take the action for either of those reasons. 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. s 297 amd 2022 No. 43 (Vic) s 96 ; 2025 No. 53 (Vic) s 58 (sec.297-ssec.1) A person must not take serious detrimental action against a person in reprisal for a protected disclosure. Penalty: $34 200, in the case of an individual. $172 200, in any other case. (sec.297-ssec.2) A person takes serious detrimental action in reprisal for a protected disclosure if— the person takes or threatens to take the action because— a person has made, or intends to make, a protected disclosure; or the person believes that a person has made or intends to make the protected disclosure; or the person incites or permits another person to take or threaten to take the action for either of those reasons. (sec.297-ssec.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.
- (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
- (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.
- (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