43Detrimental action in reprisal for public interest disclosure

43 Detrimental action in reprisal for public interest disclosure

S. 43(1) amended by No. 2/2019 s. 23(2).

(1) For the purposes of this Act and subject to subsections (2) and (3), a person takes detrimental action against another person in reprisal for a public interest disclosure if—

(a) the person takes or threatens to take detrimental action against the other person because, or in the belief that—

(i) the other person or anyone else has made, or intends to make, the disclosure; or

(ii) the other person or anyone else has cooperated, or intends to cooperate, with an investigation of the disclosure; or

(b) for either of those reasons, the person incites or permits someone else to take or threaten to take detrimental action against the other person.

S. 43(2) amended by No. 2/2019 s. 23(3).

(2) A person does not take detrimental action against another person in reprisal for a public interest disclosure made by the other person if the other person has contravened section 72(1) or (2) in relation to the information disclosed by the public interest disclosure.

S. 43(3) repealed by No. 2/2019 s. 23(4).