102Compensation for retaliation

102 Compensation for retaliation (1) A person who engages in retaliation is liable to pay an amount to the victim as compensation for the retaliation. (2) Compensation may be recovered: (a) as for damages for a tort in a court of competent jurisdiction; or (b) if within the small claims jurisdiction of the Tribunal – as a small claim in the Tribunal.

Independent Commissioner Against Corruption Act 2017 79 (3) A court or the Tribunal may award an amount in the nature of exemplary damages in proceedings under this section. (4) In determining proceedings for compensation for retaliation, the court or Tribunal must take into account: (a) the reasonableness of the conduct of each party in the circumstances leading to the retaliation and the circumstances of the retaliation; and (b) any conduct of a party that contributed to, or mitigated, the harm caused by the retaliation. (5) Proceedings for compensation for retaliation does not preclude other forms of relief. (6) A victim may bring proceedings under this section even if the defendant has not been, or cannot be, prosecuted for an offence against section 100 in relation to the retaliation. small claims jurisdiction, see section 3 of the Small Claims Act 2016.