Commonwealth Consolidated Acts

PUBLIC INTEREST DISCLOSURE ACT 2013 - SECT 13

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

  (a)   the first person engages in conduct that:

  (i)   results in detriment to the second person; or

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

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

  (i)   has made a public interest disclosure; or

  (ii)   may have made a public interest disclosure; or

  (iii)   proposes to make a public interest disclosure; or

  (iv)   could make a public interest disclosure; and

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

Examples:   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:

(a)   the person who made the disclosure;

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

  (2)   Detriment includes (without limitation) any of the following:

  (a)   dismissal of an employee;

  (b)   injury of an employee in his or her employment;

  (c)   alteration of an employee's position to his or her disadvantage;

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

  (e)   harassment or intimidation of a person;

  (f)   harm or injury to a person, including psychological harm;

  (g)   damage to a person's property;

  (h)   damage to a person's reputation;

  (i)   damage to a person's business or financial position;

  (j)   any other damage to a person.

  (3)   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.

Note 1:   A person may be liable in a civil action under section   14, 15 or 16 for taking a reprisal against another person.

Note 2:   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.