Offence—taking detrimental action
26 Offence—taking detrimental action
A person (the retaliator) commits an offence if—
another person gives, or proposes to give, information, documents or evidence (a disclosure) to the inspector for this Act; and
the retaliator takes detrimental action against another person because of a disclosure.
Maximum penalty: 100 penalty units, imprisonment for 1 year or both.
For this section, a retaliator takes detrimental action because of a disclosure if the retaliator takes, or threatens to take, detrimental action against someone else because—
a person has made, or intends to make, a disclosure; or
the retaliator believes that a person has made or intends to make a disclosure.
In determining whether a retaliator has taken detrimental action because of a disclosure, it is sufficient if a reason mentioned in subsection (2) is a contributing reason.
In this section:
detrimental action includes the following:
discriminating against a person by treating, or proposing to treat, the person unfavourably, including in relation to—
the person’s reputation; or
the person’s career, profession, employment or trade; or
the person’s access to a correctional centre or a detainee; or
if the person is a detainee—
the detainee’s living conditions; or
the detainee’s privileges; or
the surveillance or searches the detainee is subject to; or
where the detainee is held in a correctional centre;
treating, or proposing to treat, a relevant organisation unfavourably, including in relation to—
the funding the organisation receives; or
the organisation’s access to a correctional centre or detainee; or
the conditions on the organisation’s service delivery in relation to a correctional centre or detainee;
harassing or intimidating a person;
injuring a person;
damaging a person’s property;
treating, or proposing to treat, a person unfavourably in any other way.
living conditions of a detainee, means, as relevant to the detainee, living conditions mentioned in—
the Corrections Management Act 2007, chapter 6 (Living conditions at correctional centres); or
the Children and Young People Act 2008, part 6.5 (Living conditions at detention places).
privilege of a detainee, means, as relevant to the detainee, a privilege mentioned in—
the Corrections Management Act 2007, section 154; or
the Children and Young People Act 2008, section 289.
relevant organisation means a body that has as 1 of its activities—
promoting the interests of detainees; or
delivering services to detainees.
This Act’s bill:Explanatory statementSecond reading speech
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