92Offence of taking detrimental action against members

92 Offence of taking detrimental action against members (1) A person must not take detrimental action against another person who is or was a member of a Board of Inquiry because the other person is or was a member of a Board of Inquiry. (2) It is a defence in a proceeding for an offence against subsection (1) if the reason referred to in that subsection was not a substantial reason for the detrimental action. Part 4—Formal Reviews Division 1—Establishment of Formal Reviews 93 Establishment of Formal Review by instrument (1) The Premier, by instrument, may appoint any one or more natural persons to constitute a Formal Review to inquire into and report on the terms of reference specified in the instrument. (2) A Minister other than the Premier may, with the Premier's approval, by instrument appoint any one or more natural persons to constitute a Formal Review to inquire into and report on the terms of reference specified in the instrument. (3) The establishing instrument for a Formal Review— (i) the person or persons appointed to constitute the Formal Review; (ii) if more than one person is appointed, the person who is to chair the Formal Review; (iii) the terms of reference of the Formal Review; and (i) a time by which the Formal Review is to report on its inquiry; (ii) whether the Formal Review is authorised to incur expenses and financial obligations and, if so, the maximum amount of those expenses and obligations; (iii) the manner in which the inquiry of the Formal Review is to be conducted; (iv) if there is more than one member, which (if any) of the functions of the Formal Review must be performed by the members jointly and which (if any) may be performed by one or more members separately; S. 93(3)(b)(v) substituted by No. 10/2015 s. 13. (v) whether persons who attend the Formal Review at the request of the Formal Review are entitled to be paid expenses and allowances; (vi) any other matter the Premier or other Minister making the instrument considers appropriate.