Commonwealth Consolidated Acts Commonwealth Consolidated Acts(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 NACC disclosure; or
(ii) may have made a NACC disclosure; or
(iii) proposes to make a NACC disclosure; or
(iv) could make a NACC disclosure; and
(c) the belief or suspicion is the reason, or part of the reason, for engaging in the conduct.
(2) Detriment includes (without limitation) any of the following:
(a) dismissal of an employee;
(b) injury of an employee in their employment;
(c) alteration of an employee's position to their 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.