sec.708CProtection from reprisal

### sec.708C Protection from reprisal A person must not cause, or attempt or conspire to cause, detriment to another person because, or in the belief that, the other person— has made a complaint, or in any other way has raised, an operating plant safety issue; or has contacted or given help to an official, an executive safety manager or a site safety manager in relation to an operating plant safety issue. Maximum penalty—1,000 penalty units. 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 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. This section does not limit or otherwise affect the operation of the Public Interest Disclosure Act 2010 , chapter 4 , part 1 in relation to reprisals. In this section— detriment includes— personal injury or prejudice to safety; and property damage or loss; and intimidation or harassment; and adverse discrimination, disadvantage or adverse treatment about career, profession, employment, trade or business; and financial loss; and damage to reputation, including, for example, personal, professional or business reputation. operating plant safety issue means an issue about the safety or health of a person or persons while at an operating plant or as a result of operating plant operations. s 708C ins 2009 No. 16 s 80 amd 2010 No. 38 s 78 sch 3 ; 2024 No. 34 s 236 (sec.708C-ssec.1) A person must not cause, or attempt or conspire to cause, detriment to another person because, or in the belief that, the other person— has made a complaint, or in any other way has raised, an operating plant safety issue; or has contacted or given help to an official, an executive safety manager or a site safety manager in relation to an operating plant safety issue. Maximum penalty—1,000 penalty units. (sec.708C-ssec.2) An attempt to cause detriment includes an attempt to induce a person to cause detriment. (sec.708C-ssec.3) A contravention of subsection (1) is a reprisal or the taking of a reprisal. (sec.708C-ssec.4) A ground mentioned in subsection (1) as the ground for a reprisal is the unlawful ground for the reprisal. (sec.708C-ssec.5) For the contravention 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.708C-ssec.6) This section does not limit or otherwise affect the operation of the Public Interest Disclosure Act 2010 , chapter 4 , part 1 in relation to reprisals. (sec.708C-ssec.7) In this section— detriment includes— personal injury or prejudice to safety; and property damage or loss; and intimidation or harassment; and adverse discrimination, disadvantage or adverse treatment about career, profession, employment, trade or business; and financial loss; and damage to reputation, including, for example, personal, professional or business reputation. operating plant safety issue means an issue about the safety or health of a person or persons while at an operating plant or as a result of operating plant operations. - (a) has made a complaint, or in any other way has raised, an operating plant safety issue; or - (b) has contacted or given help to an official, an executive safety manager or a site safety manager in relation to an operating plant safety issue. - (a) personal injury or prejudice to safety; and - (b) property damage or loss; and - (c) intimidation or harassment; and - (d) adverse discrimination, disadvantage or adverse treatment about career, profession, employment, trade or business; and - (e) financial loss; and - (f) damage to reputation, including, for example, personal, professional or business reputation.