Public Interest Disclosures Act 2012
45Protection from reprisal
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45 Protection from reprisal
S. 45(1) amended by No. 2/2019 s. 25(1).
(1) A person must not take detrimental action against another person in reprisal for a public interest disclosure.
Penalty: 240 penalty units or 2 years imprisonment or both.
S. 45(2) amended by No. 2/2019 s. 25(2).
(2) It is a defence in a proceeding for an offence against subsection (1) if a reason referred to in section 43(1)(a) was not a reason for the person taking the detrimental action against the other person.
(3) It is a defence in a proceeding for an offence against subsection (1) if—
S. 45(3)(a) substituted by No. 2/2019 s. 25(3), amended by No. 31/2024 s. 113(Sch. 1 item 28.29).
(a) the IBAC, Integrity Oversight Victoria or the Integrity and Oversight Committee has determined that the disclosure is not a public interest complaint; and
(b) at the time the person took the detrimental action, the person knew of that determination.
S. 45(4) inserted by No. 2/2019 s. 25(4), amended by No. 31/2024 s. 113(Sch. 1 item 28.29).
(4) Despite subsection (3), it is not a defence in a proceeding for an offence against subsection (1) if the IBAC, Integrity Oversight Victoria or the Integrity and Oversight Committee (as the case may be) determined the disclosure is not a public interest complaint under section 26(5).