31UInjunctions relating to detrimental action

#### 31U Injunctions relating to detrimental action 31U Injunctions relating to detrimental action > > (1) The Supreme Court may, on the application of 1 of the following, grant an injunction relating to the commission or possible commission of a detrimental action offence— > > > > > (a) the Ombudsman, > > > > > (b) with the written approval of the Attorney General—another public authority, > > > > > (c) a protected person, > > > > > (d) another person against whom detrimental action has been or may be taken. > > > (2) The terms of the injunction may— > > > > > (a) restrain a person from engaging in conduct that would constitute a detrimental action offence, or > > > > > (b) require a person to do an act or thing to remedy conduct that constitutes a detrimental action offence. > > > (3) An injunction restraining a person from engaging in conduct that would constitute a detrimental action offence may be granted— > > > > > (a) whether or not the person has previously engaged in conduct of that kind, and > > > > > (b) whether or not it appears to the Supreme Court the person intends to continue to engage in conduct of that kind, and > > > > > (c) whether or not there is an imminent danger of substantial damage to another person if the person engages in conduct of that kind. > > > (4) To avoid doubt, an injunction granted under this section may— > > > > > (a) require a formal apology to be made to a person against whom detrimental action has been taken, or > > > > > (b) restrain detrimental action comprising an attempt to terminate a person’s employment in a particular position or role, or > > > > > (c) require the reinstatement in the same or a substantially similar position or role of a person against whom detrimental action comprising termination of employment in a particular position or role has been taken. > > > (5) An injunction granted in the terms specified in subsection (4)(c) is to be complied with despite an inconsistent provision in another Act or law. > > > (6) An injunction may not be granted under this section to restrain or remedy— > > > > > (a) appropriate corrective action, or > > > > > (b) reasonable management action in relation to a person. > > > (7) In an application under this section, a person who takes or proposes to take reasonable management action in relation to a person bears the onus of satisfying the Supreme Court of the reasons for taking, or purpose of, the action. > > > (8) The Supreme Court may grant an interim injunction pending determination of an application under this section. > > > (9) The Supreme Court may not require an undertaking as to damages as a condition of granting the interim injunction. > > > (10) The Supreme Court may discharge or vary an injunction or interim injunction granted under this section. > > > (11) This section does not limit the operation of section 21C. > > **s 31U:** Ins 2022 No 14, Sch 5\[9\].