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Workers' Compensation and Rehabilitation Act 2003
sec.537BProtection from reprisal
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### sec.537B Protection from reprisal
A person must not cause, or attempt or conspire to cause, detriment to another person for either of the following reasons—
the other person has made, or intends to make, an enforcement disclosure;
the person believes the other person has made, or intends to make, an enforcement disclosure.
Maximum penalty—300 penalty units.
For subsection (1) —
an attempt to cause detriment includes an attempt to induce a person to cause detriment; and
the reason need not be the only or main reason for causing the detriment but must be a substantial reason.
The Public Interest Disclosure Act 2010 , chapter 4 (except section 41 ) applies in relation to an enforcement disclosure as if—
the enforcement disclosure were a public interest disclosure; and
the contravention of this section relating to the enforcement disclosure were the taking of a reprisal under that Act; and
the reference in section 43 of that Act to a contravention of section 40 of that Act were a reference to the contravention of this section; and
the provisions were subject to any other modifications prescribed by regulation for the purposes of this subsection.
In this section—
enforcement disclosure means—
giving information to the Regulator or WorkCover under section 537A ; or
giving assistance or further information to the Regulator or WorkCover in relation to information given under section 537A .
s 537B ins 2024 No. 40 s 53
(sec.537B-ssec.1) A person must not cause, or attempt or conspire to cause, detriment to another person for either of the following reasons— the other person has made, or intends to make, an enforcement disclosure; the person believes the other person has made, or intends to make, an enforcement disclosure. Maximum penalty—300 penalty units.
(sec.537B-ssec.2) For subsection (1) — an attempt to cause detriment includes an attempt to induce a person to cause detriment; and the reason need not be the only or main reason for causing the detriment but must be a substantial reason.
(sec.537B-ssec.3) The Public Interest Disclosure Act 2010 , chapter 4 (except section 41 ) applies in relation to an enforcement disclosure as if— the enforcement disclosure were a public interest disclosure; and the contravention of this section relating to the enforcement disclosure were the taking of a reprisal under that Act; and the reference in section 43 of that Act to a contravention of section 40 of that Act were a reference to the contravention of this section; and the provisions were subject to any other modifications prescribed by regulation for the purposes of this subsection.
(sec.537B-ssec.4) In this section— enforcement disclosure means— giving information to the Regulator or WorkCover under section 537A ; or giving assistance or further information to the Regulator or WorkCover in relation to information given under section 537A .
- (a) the other person has made, or intends to make, an enforcement disclosure;
- (b) the person believes the other person has made, or intends to make, an enforcement disclosure.
- (a) an attempt to cause detriment includes an attempt to induce a person to cause detriment; and
- (b) the reason need not be the only or main reason for causing the detriment but must be a substantial reason.
- (a) the enforcement disclosure were a public interest disclosure; and
- (b) the contravention of this section relating to the enforcement disclosure were the taking of a reprisal under that Act; and
- (c) the reference in section 43 of that Act to a contravention of section 40 of that Act were a reference to the contravention of this section; and
- (d) the provisions were subject to any other modifications prescribed by regulation for the purposes of this subsection.
- (a) giving information to the Regulator or WorkCover under section 537A ; or
- (b) giving assistance or further information to the Regulator or WorkCover in relation to information given under section 537A .