sec.42Damages entitlement for reprisal

### sec.42 Damages entitlement for reprisal A reprisal is a tort and a person who takes a reprisal is liable in damages to any person who suffers detriment as a result. Any appropriate remedy that may be granted by a court for a tort, including exemplary damages, may be granted by a court for the taking of a reprisal. If the claim for damages goes to trial in the Supreme Court or the District Court, it must be decided by a judge sitting without a jury. The right of a person to bring proceedings for damages under this section does not affect any other right or remedy available to the person arising from the reprisal. Proceedings for damages may be brought under this section even if a prosecution in relation to the reprisal has not been brought, or can not be brought, under section 41 . The Workers’ Compensation and Rehabilitation Act 2003 does not apply to proceedings for damages brought under this section. (sec.42-ssec.1) A reprisal is a tort and a person who takes a reprisal is liable in damages to any person who suffers detriment as a result. (sec.42-ssec.2) Any appropriate remedy that may be granted by a court for a tort, including exemplary damages, may be granted by a court for the taking of a reprisal. (sec.42-ssec.3) If the claim for damages goes to trial in the Supreme Court or the District Court, it must be decided by a judge sitting without a jury. (sec.42-ssec.4) The right of a person to bring proceedings for damages under this section does not affect any other right or remedy available to the person arising from the reprisal. (sec.42-ssec.5) Proceedings for damages may be brought under this section even if a prosecution in relation to the reprisal has not been brought, or can not be brought, under section 41 . (sec.42-ssec.6) The Workers’ Compensation and Rehabilitation Act 2003 does not apply to proceedings for damages brought under this section.