Document ID: chunk:federal_register_of_legislation:C2004A01334:clause:4_1317ab
Version: federal_register_of_legislation:C2004A01334
Segment Type: clause
Provision Reference: sch 4 cl 1317AB
Character Range: 317552–318894

1317AB  Disclosure that qualifies for protection not actionable etc.

 (1) If a person makes a disclosure that qualifies for protection under this Part:
 (a) the person is not subject to any civil or criminal liability for making the disclosure; and
 (b) no contractual or other remedy may be enforced, and no contractual or other right may be exercised, against the person on the basis of the disclosure.

Note: This subsection does not provide that the person is not subject to any civil or criminal liability for conduct of the person that is revealed by the disclosure.

 (2) Without limiting subsection (1):
 (a) the person has qualified privilege in respect of the disclosure; and
 (b) a contract to which the person is a party may not be terminated on the basis that the disclosure constitutes a breach of the contract.

 (3) Without limiting paragraphs (1)(b) and (2)(b), if a court is satisfied that:
 (a) a person (the employee) is employed in a particular position under a contract of employment with another person (the employer); and
 (b) the employee makes a disclosure that qualifies for protection under this Part; and
 (c) the employer purports to terminate the contract of employment on the basis of the disclosure;
the court may order that the employee be reinstated in that position or a position at a comparable level.