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 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.