108Offence to take or threaten detrimental action

108 Offence to take or threaten detrimental action

(1) A person (person A) must not take or threaten to take detrimental action against another person (person B) because—

(a) person B has given, or intends to give, information (including making a referral) to the Commission; or

(b) person A believes that person B has given, or intends to give, information (including making a referral) to the Commission.

(2) Subsection (1) does not apply—

(a) if the reason referred to in subsection (1)(a) or (b) was not a substantial reason for the detrimental action; or

(b) if person A takes or threatens to take detrimental action against person B because person B unlawfully gave information to the Commission.

(3) A person does not commit an offence against subsection (1) in respect of conduct that constitutes an offence against section 43 of the Public Interest Disclosures Act 2012.

Section 43 of the Public Interest Disclosures Act 2012 creates an offence in relation to detrimental action in reprisal for public interest disclosures.

detrimental action includes—

(a) action causing injury, loss or damage; and

(b) intimidation or harassment; and

(c) discrimination, disadvantage or adverse treatment in relation to a person's employment, career, profession, trade or business, including the taking of disciplinary action.