Public Interest Disclosure Act 2013

If the Federal Court or Federal Circuit and Family Court of Australia (Division 2) is satisfied, on the application of a person (the applicant), that another person (the respondent) took or is taking a reprisal against the applicant, the Court may:

in any case—make an order requiring the respondent to compensate the applicant for loss, damage or injury as a result of the reprisal; or

if the Court is satisfied that the respondent took or is taking the reprisal in connection with the respondent’s position as an employee:

make an order requiring the respondent to compensate the applicant for a part of loss, damage or injury as a result of the reprisal, and make another order requiring the respondent’s employer to compensate the applicant for a part of loss, damage or injury as a result of the reprisal; or

make an order requiring the respondent and the respondent’s employer jointly to compensate the applicant for loss, damage or injury as a result of the reprisal; or

make an order requiring the respondent’s employer to compensate the applicant for loss, damage or injury as a result of the reprisal.

The Federal Court or Federal Circuit and Family Court of Australia (Division 2) must not make an order under paragraph (1)(b) if the respondent’s employer establishes that it took reasonable precautions, and exercised due diligence, to avoid the reprisal.

If the Federal Court or Federal Circuit and Family Court of Australia (Division 2) makes an order under subparagraph (1)(b)(ii), the respondent and the respondent’s employer are jointly and severally liable to pay the compensation concerned.