24HMeaning of protected disclosure

24H  Meaning of protected disclosure

  A person makes a protected disclosure if:

 (a) the person makes a conduct complaint; or

 (b) the person makes a conduct issue referral; or

 (c) the person gives information about a conduct issue to the IPSC, a Commissioner or the CEO; or

 (d) the person gives information to a parliamentarian and either:

 (i) the parliamentarian uses the information to make a conduct issue referral; or

 (ii) the person does so with the intention that the parliamentarian will use the information to make a conduct issue referral (whether or not the conduct issue referral is actually made); or

 (e) the person gives information, or produces a document or thing, to a Commissioner or review panel:

 (i) under section 24F; or

 (ii) in compliance with a request made by the Commissioner or panel.

24HA  Offences—causing detriment in relation to protected disclosures

Causing detriment to another person

 (1) A person (the first person) commits an offence in relation to another person (the second person) if:

 (a) the first person engages in conduct; and

 (b) engaging in the conduct results in detriment to the second person; and

 (c) when the conduct is engaged in, the first person believes or suspects that the second person, or any other person:

 (i) has made a protected disclosure; or

 (ii) may have made a protected disclosure; or

 (iii) proposes to make a protected disclosure; or

 (iv) could make a protected disclosure; and

 (d) the belief or suspicion is the reason, or part of the reason, for engaging in the conduct.

Penalty: Imprisonment for 2 years or 120 penalty units, or both.

Threatening to cause detriment to another person

 (2) A person (the first person) commits an offence in relation to another person (the second person) if:

 (a) the first person engages in conduct; and

 (b) engaging in the conduct consists of, or results in, a threat to cause detriment to the second person; and

 (c) the first person is reckless as to whether the second person fears that the threat will be carried out; and

 (d) when the conduct is engaged in, the first person believes or suspects that the second person, or any other person:

 (i) has made a protected disclosure; or

 (ii) may have made a protected disclosure; or

 (iii) proposes to make a protected disclosure; or

 (iv) could make a protected disclosure; and