31SDetrimental action—recovery of damages

#### 31S Detrimental action—recovery of damages 31S Detrimental action—recovery of damages > > (1) A person who takes detrimental action against another person is liable in damages under this section for injury, damage or loss suffered as a result by the other person or a third person if— > > > > > (a) the person suspects, believes or is aware, when taking the detrimental action, that any person is a protected person, and > > > > > (b) the suspicion, belief or awareness is a contributing factor to the taking of the detrimental action. > > > (2) The damages may be recovered in a court of competent jurisdiction. > > > (3) The person’s liability is not affected by the fact the suspicion or belief was mistaken. > > > (4) In proceedings under this section, the defendant bears the onus of proving, in relation to detrimental action established by the plaintiff to have been taken by the defendant— > > > > > (a) the defendant did not have the suspicion, belief or awareness mentioned in subsection (1)(a), or > > > > > (b) if the defendant had the suspicion, belief or awareness—the suspicion, belief or awareness was not a contributing factor to the taking of the detrimental action. > > > (5) It is a defence in proceedings arising under this section that the detrimental action constituted appropriate corrective action. > > > (6) Damages recovered under this section may include damages in the nature of exemplary damages. > > > (7) A person’s entitlement to recover damages under this section— > > > > > (a) does not affect another right or remedy available to the person as a result of the relevant detrimental action, and > > > > > (b) does not constitute redress in relation to dismissal from employment for the purposes of the [Industrial Relations Act 1996](/view/html/inforce/current/act-1996-017), section 90 or another law. > > > > Note. > > > > However, see the [Public Interest Disclosures Act 2022](/view/html/inforce/current/act-2022-014), sections 35(7) and 62(5). > > > (8) To avoid doubt, liability under this section is not liability in tort. > > **s 31S:** Ins 2022 No 14, Sch 5\[9\].