37Injunctions relating to detrimental action

#### 37 Injunctions relating to detrimental action 37 Injunctions relating to detrimental action > > (1) The Supreme Court may, on the application of 1 of the following, grant an injunction relating to the commission or possible commission of a detrimental action offence— > > > > > (a) an integrity agency, > > > > > (b) with the written approval of the Attorney General—another agency, > > > > > (c) the maker of a public interest disclosure, > > > > > (d) another person against whom detrimental action has been or may be taken. > > > (2) The terms of the injunction may— > > > > > (a) restrain a person from engaging in conduct that would constitute a detrimental action offence, or > > > > > (b) require a person to do an act or thing to remedy conduct that constitutes a detrimental action offence. > > > (3) An injunction restraining a person from engaging in conduct that would constitute a detrimental action offence may be granted— > > > > > (a) whether or not the person has previously engaged in conduct of that kind, and > > > > > (b) whether or not it appears to the Supreme Court the person intends to continue to engage in conduct of that kind, and > > > > > (c) whether or not there is an imminent danger of substantial damage to another person if the person engages in conduct of that kind. > > > (4) To avoid doubt, an injunction granted under this section may— > > > > > (a) require a formal apology to be made to a person against whom detrimental action has been taken, or > > > > > (b) restrain detrimental action comprising an attempt to terminate a person’s employment in a particular position or role, or > > > > > (c) require the reinstatement in the same or a substantially similar position or role of a person against whom detrimental action comprising termination of employment in a particular position or role has been taken. > > > (5) An injunction granted in the terms specified in subsection (4)(c) is to be complied with despite an inconsistent provision in another Act or law. > > > (6) An injunction may not be granted under this section to restrain or remedy— > > > > > (a) appropriate corrective action in accordance with section 66, or > > > > > (b) reasonable management action in relation to a public official. > > > (7) In an application under this section, a person who takes or proposes to take reasonable management action in relation to a public official bears the onus of satisfying the Supreme Court of the reasons for taking, or purpose of, the action. > > > (8) The Supreme Court may grant an interim injunction pending determination of an application under this section. > > > (9) The Supreme Court may not require an undertaking as to damages as a condition of granting the interim injunction. > > > (10) The Supreme Court may discharge or vary an injunction or interim injunction granted under this section. > > > (11) A person is not entitled to make an application in relation to the same matter under both this section and any of the following provisions— > > > > > (a) the [Independent Commission Against Corruption Act 1988](/view/html/inforce/current/act-1988-035), section 79L, > > > > > (b) the [Ombudsman Act 1974](/view/html/inforce/current/act-1974-068), section 31U, > > > > > (c) the [Law Enforcement Conduct Commission Act 2016](/view/html/inforce/current/act-2016-061), section 97K.