Protection of Public Participation Regulation 2010

In working out a financial penalty, a court must consider the following matters:

the extent to which the defendant, or anyone else, is, or could be, discouraged from engaging in public participation;

the costs and hardships imposed on the defendant by the improper proceedings;

the extent to which the plaintiff benefited from the improper proceedings;

the effect on the defendant’s ability to engage in public participation;

the steps taken by the plaintiff and defendant to avoid litigation.

The matters mentioned in subsection (1) do not limit the matters a court may consider in working out a financial penalty.

In working out a financial penalty, a court is not limited by—

any other proceeding under another territory law in relation to the plaintiff’s conduct; or

any other penalty imposed on the plaintiff under territory law.

In this section:

improper proceedings means proceedings started or maintained for an improper purpose.

Note Improper purpose—see the Act, s 6.