13What constitutes taking a reprisal

13 What constitutes taking a reprisal

(1) A person (the first person) takes a reprisal against another person (the second person) if: (a) the first person engages in conduct that: (i) results in detriment to the second person; or (ii) consists of, or results in, a threat to cause detriment to the second person; and (b) when the conduct is engaged in, the first person believes or suspects that the second person, or any other person: (i) has made a public interest disclosure; or (ii) may have made a public interest disclosure; or (iii) proposes to make a public interest disclosure; or (iv) could make a public interest disclosure; and (c) the belief or suspicion is the reason, or part of the reason, for engaging in the conduct.

Note: Examples: Persons against whom a reprisal may be taken within the meaning of this section in relation to the making of a public interest disclosure by any person include the following:

(a) the person who made the disclosure;
(b) a witness in relation to the disclosure, within the meaning of section 12A.

(2) Detriment includes (without limitation) any of the following: (a) dismissal of an employee; (b) injury of an employee in his or her employment; (c) alteration of an employee’s position to his or her disadvantage; (d) discrimination between an employee and other employees of the same employer; (e) harassment or intimidation of a person; (f) harm or injury to a person, including psychological harm; (g) damage to a person’s property; (h) damage to a person’s reputation; (i) damage to a person’s business or financial position; (j) any other damage to a person. (3) Despite subsection (1), a person does not take a reprisal against another person to the extent that the person takes administrative action that is reasonable to protect the other person from detriment.

Note 1: A person may be liable in a civil action under section 14, 15 or 16 for taking a reprisal against another person.

Note 2: If a person engages in conduct that, in substance, constitutes taking a reprisal against another person, the person may be guilty of an offence against section 19.