Monitoring of Places of Detention (Optional Protocol to the Convention Against Torture) Act 2023
sec.19Reprisal and grounds for reprisals
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sec.19 Reprisal and grounds for reprisals
A person must not cause, or attempt or conspire to cause, detriment to another person because, or in the belief that, any person has provided or may provide information or other assistance to the subcommittee. An attempt to cause detriment includes an attempt to induce a person to cause detriment. A contravention of subsection (1) is a reprisal or the taking of a reprisal. A ground mentioned in subsection (1) as the ground for a reprisal is the unlawful ground for the reprisal. For the contravention mentioned in subsection (3) to happen, it is sufficient if the unlawful ground is a substantial ground for the act or omission that is the reprisal, even if there is another ground for the act or omission. In this section— detriment , to a person, includes— prejudice to the person’s safety or wellbeing, including, for example, intimidation or harassment of the person; and prejudice to the person’s career, including, for example, dismissal of the person from the person’s employment. (sec.19-ssec.1) A person must not cause, or attempt or conspire to cause, detriment to another person because, or in the belief that, any person has provided or may provide information or other assistance to the subcommittee. (sec.19-ssec.2) An attempt to cause detriment includes an attempt to induce a person to cause detriment. (sec.19-ssec.3) A contravention of subsection (1) is a reprisal or the taking of a reprisal. (sec.19-ssec.4) A ground mentioned in subsection (1) as the ground for a reprisal is the unlawful ground for the reprisal. (sec.19-ssec.5) For the contravention mentioned in subsection (3) to happen, it is sufficient if the unlawful ground is a substantial ground for the act or omission that is the reprisal, even if there is another ground for the act or omission. (sec.19-ssec.6) In this section— detriment , to a person, includes— prejudice to the person’s safety or wellbeing, including, for example, intimidation or harassment of the person; and prejudice to the person’s career, including, for example, dismissal of the person from the person’s employment.
- (a) prejudice to the person’s safety or wellbeing, including, for example, intimidation or harassment of the person; and
- (b) prejudice to the person’s career, including, for example, dismissal of the person from the person’s employment.