The Commission held that a statement of facts and contentions alleging reprisal under s 40(1)(a) of the Public Interest Disclosure Act 2010 must plead the material facts establishing each element of the public interest disclosure under s 12 or s 13 (including the information disclosed, the basis for honest belief or how the information tends to show the relevant conduct, the proper authority, and the manner of disclosure under s 17), the material facts of each retaliatory act, the material facts supporting an inference of the requisite motive or belief for each respondent, and the causal nexus between each reprisal and each detriment suffered. The Commission rejected the applicant's argument that it suffices to broadly allege a PID was made and leave the question of whether it meets the statutory definition to the hearing, holding that such an approach would deny the respondents procedural fairness. The entire statement of facts and contentions was struck out with leave to replead, with detailed prescriptive orders specifying the content required in the amended document.
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