Northern Territory Numbered Acts

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MONITORING OF PLACES OF DETENTION (OPTIONAL PROTOCOL TO THE CONVENTION AGAINST TORTURE) ACT 2018 (NO 18 OF 2018) - SECT 15

Protection against reprisals

    (1)     A person commits an offence if:

    (a)     the person intentionally takes detrimental action against another person; and

    (b)     the detrimental action is taken wholly or partly because the person believes the other person has given or disclosed information to the Subcommittee.

Maximum penalty:     100 penalty units or imprisonment for 2 years.

    (2)     A detaining authority who intentionally takes detrimental action against another person that is wholly or partly because the detaining authority believes the other person has given or disclosed information to the Subcommittee is taken to have engaged in conduct that constitutes misconduct in the performance of the person's duties as a detaining authority and that justifies the taking of disciplinary action against the detaining authority, including disciplinary action provided for:

    (a)     by or under an Act that regulates the employment or service of the detaining authority; or

    (b)     by or under a contract of employment or contract for services that governs the employment or engagement of the detaining authority.

    (3)     This section extends to a case where a person takes detrimental action against another person even if the other person did not in fact give or disclose information to the Subcommittee.

    (4)     In this section:

"detrimental action "means action causing, comprising or involving any of the following:

    (a)     injury, damage or loss;

    (b)     change of the conditions of detention;

    (c)     intimidation or harassment;

    (d)     discrimination, disadvantage or adverse treatment in relation to employment;

    (e)     dismissal from, or prejudice in, employment;

    (f)     disciplinary proceeding.



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