Reprisal against informant
42A Reprisal against informant
A person commits an offence if:
(a) the person intentionally takes an action against another person; and
(b) the action is a detrimental action and the person is reckless in relation to that circumstance; and
(c) the detrimental action is taken wholly or partly because the person believes the other person gave or disclosed information to the Commissioner.
Maximum penalty: 100 penalty units or imprisonment for 2 years.
Strict liability applies to subsection (1)(c).
(3) A person may be found guilty of an offence under this section even if the other person did not in fact give or disclose information to the Commissioner.
In this section:
detrimental action means action causing, comprising or involving any of the following:
injury, damage or loss;
an adverse change in living conditions;
intimidation or harassment;
(d) discrimination, disadvantage or adverse treatment in relation to employment;
dismissal from, or prejudice in, employment;
disciplinary proceedings;
other disadvantage or prejudice of any kind.
This Act’s bill:Explanatory statement
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