Public Interest Disclosure Act 2013

A person (the first person) takes a reprisal against another person (the second person) if:

the first person engages in conduct that:

results in detriment to the second person; or

consists of, or results in, a threat to cause detriment to the second person; and

when the conduct is engaged in, the first person believes or suspects that the second person, or any other person:

has made a public interest disclosure; or

may have made a public interest disclosure; or

proposes to make a public interest disclosure; or

could make a public interest disclosure; and

the belief or suspicion is the reason, or part of the reason, for engaging in the conduct.

Persons against whom a reprisal may be taken within the meaning of this section in relation to the making of a public interest disclosure by any person include the following:

the person who made the disclosure;

a witness in relation to the disclosure, within the meaning of section 12A.

Detriment includes (without limitation) any of the following:

dismissal of an employee;

injury of an employee in his or her employment;

alteration of an employee’s position to his or her disadvantage;

discrimination between an employee and other employees of the same employer;

harassment or intimidation of a person;

harm or injury to a person, including psychological harm;

damage to a person’s property;

damage to a person’s reputation;

damage to a person’s business or financial position;

any other damage to a person.

Despite subsection (1), a person does not take a reprisal against another person to the extent that the person takes administrative action that is reasonable to protect the other person from detriment.

A person may be liable in a civil action under section 14, 15 or 16 for taking a reprisal against another person.

If a person engages in conduct that, in substance, constitutes taking a reprisal against another person, the person may be guilty of an offence against section 19.