New South Wales Consolidated Acts

PUBLIC INTEREST DISCLOSURES ACT 1994 - SECT 20B

20B Injunctions to prevent reprisals

(1) An investigating authority, or any other public authority with the approval of the Attorney General, may apply to the Supreme Court for an injunction to prevent a contravention of section 20 (Protection against reprisals).

(2) The Supreme Court may, on application under this section, grant an injunction restraining a person from engaging in conduct in which the person has engaged, is engaged or is proposing to engage and that constituted, constitutes or would constitute a contravention of section 20, and, if in the opinion of the Supreme Court it is desirable to do so, requiring that person to do any act or thing to remedy such a contravention.

(3) The Court may grant an interim injunction pending determination of an application under this section if the Court thinks it is desirable to do so.

(4) The Court may discharge or vary an injunction granted under this section.

(5) The power of the Court to grant an injunction restraining a person from engaging in conduct may be exercised--

(a) whether or not it appears to the Court that the person intends to engage again, or to continue to engage, in conduct of that kind, and

(b) whether or not the person has previously engaged in conduct of that kind, and

(c) whether or not there is an imminent danger of substantial damage to any person if the first-mentioned person engages in conduct of that kind.

(6) The Court must not require an applicant for an injunction under this section or any other person, as a condition of granting an interim injunction, to give an undertaking as to damages.