19Protection from reprisal

19 Protection from reprisal

(1)  A person must not take detrimental action against a person in reprisal for a protected disclosure.

Penalty:  Fine not exceeding 240 penalty units or imprisonment for a term not exceeding 2 years, or both.

(2)  A person takes detrimental action in reprisal for a protected disclosure if –

(a) the person takes or threatens to take the action because –

(i) a person has made, or intends to make, a protected disclosure; or

(ii) the person believes that a person has made or intends to make the protected disclosure; or

(b) the person incites or permits another person to take or threaten to take the action for either of those reasons.

(3)  In determining whether a person takes detrimental action in reprisal, it is irrelevant whether or not a reason referred to in subsection (2) is the only or dominant reason as long as it is a substantial reason.