Protection from reprisal
537B Protection from reprisal
A person must not cause, or attempt or conspire to cause, detriment to another person for either of the following reasons—
the other person has made, or intends to make, an enforcement disclosure;
the person believes the other person has made, or intends to make, an enforcement disclosure.
Maximum penalty—300 penalty units.
For subsection (1)—
an attempt to cause detriment includes an attempt to induce a person to cause detriment; and
the reason need not be the only or main reason for causing the detriment but must be a substantial reason.
The Public Interest Disclosure Act 2010, chapter 4 (except section 41) applies in relation to an enforcement disclosure as if—
the enforcement disclosure were a public interest disclosure; and
the contravention of this section relating to the enforcement disclosure were the taking of a reprisal under that Act; and
the reference in section 43 of that Act to a contravention of section 40 of that Act were a reference to the contravention of this section; and
the provisions were subject to any other modifications prescribed by regulation for the purposes of this subsection.
In this section—
enforcement disclosure means—
giving information to the Regulator or WorkCover under section 537A; or
giving assistance or further information to the Regulator or WorkCover in relation to information given under section 537A.
This provision refers to the regulations (prescribed by regulation
). Made under this Act:
This Act’s bill:Explanatory memorandum
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.