Public Interest Disclosure Act 2003

A person who takes or threatens to take detrimental action against another because or substantially because anyone has made, or intends to make, a disclosure of public interest information under this Act commits an act of victimisation which may be dealt with as a tort.

Proceedings in tort under subsection (1) may be taken against the perpetrator of an act of victimisation or any employer of the perpetrator.

In proceedings against the employer of the perpetrator of an act of victimisation, it is a defence for the employer to prove that the employer —

was not knowingly involved in the act of victimisation; and

did not know and could not reasonably be expected to have known about the act of victimisation; and

could not, by the exercise of reasonable care, have prevented the act of victimisation.

An act of victimisation under this Act may be dealt with under the Equal Opportunity Act 1984 as if it were an act that was unlawful under section 67 of that Act but, if the victim commences proceedings in a court under subsection (1), he or she cannot subsequently lodge a complaint under the Equal Opportunity Act 1984 because of the act and, conversely, if the victim lodges a complaint under that Act because of the act, he or she cannot subsequently commence proceedings under subsection (1) because of the act.

If a complaint alleging an act of victimisation under this Act has been lodged with the Commissioner for Equal Opportunity and the Commissioner is of the opinion that the subject matter of the complaint has already been adequately dealt with by a competent authority, the Commissioner may decline to act on the complaint or to proceed further with action on the complaint.

Despite any other provision of this Act, this section has no retrospective operation and no proceeding may be taken under this section in relation to an act of victimisation that occurred before the commencement of this Act.