20Protection of complainant against retribution

20 Protection of complainant against retribution

20 Protection of complainant against retribution

(1) A person must not take or threaten to take detrimental action against another person because that other person or any other person provides, or proposes to provide, information, documents or evidence to the Inspector, a member of staff of the Inspector or an Official Visitor, in relation to the exercise of the functions of the Inspector, a member of staff of the Inspector or an Official Visitor under this Act.

Maximum penalty—50 penalty units or imprisonment for 12 months, or both.

(2) It is a defence to a prosecution for an offence under this section if it is proved—

(a) that the provision, or proposed provision, of information, documents or evidence referred to in subsection (1) on which the prosecution was based was made or proposed in bad faith, or

(b) that any material allegation concerned was known by the person making it to be false.

(3) In this section, detrimental action means action causing, comprising or involving any of the following—

(a) injury, damage or loss,

(b) intimidation or harassment,

(c) discrimination, disadvantage or adverse treatment in relation to employment,

(d) dismissal from, or prejudice in, employment,

(e) disciplinary proceedings.

s 20: Am 2025 No 7, Sch 1[24].