47Proceedings for damages for reprisal

47 Proceedings for damages for reprisal

S. 47(1) amended by No. 2/2019 s. 26(1).

(1) A person who takes detrimental action against another person in reprisal for a public interest disclosure is liable in damages for any injury, loss or damage to that other person.

(2) The damages may be recovered in proceedings as for a tort in any court of competent jurisdiction.

(3) Any remedy that may be granted by a court with respect to a tort, including exemplary damages, may be granted by a court in proceedings under this section.

(4) The right of a person to bring proceedings for damages does not affect any other right or remedy available to the person arising from the detrimental action.

(5) Proceedings for damages under this section may be brought even if a prosecution in relation to the detrimental action has not been brought under section 45.

(6) Without limiting the court's discretion, when granting a remedy under this section, the court may take into account any order made under section 46 or 49 in relation to the same conduct.

S. 47(7) inserted by No. 2/2019 s. 26(2).

(7) In proceedings under this section, costs against the person alleging that detrimental action has been taken in reprisal for a public interest disclosure must not be awarded unless the court is satisfied—

(a) the person's claim that detrimental action had occurred is vexatious; or

(b) the person did not conduct the litigation reasonably.