Document ID: chunk:federal_register_of_legislation:C2024C00492:section:6:p163
Version: federal_register_of_legislation:C2024C00492
Segment Type: section
Provision Reference: s 6 (pt 163/175)
Character Range: 583057–585794

services or goods to an Aboriginal and Torres Strait Islander corporation; and
 (b) the disclosure is made to:
 (i) the Registrar; or
 (ii) the corporation's auditor or a member of an audit team conducting an audit of the corporation; or
 (iii) a director, secretary or senior manager of the corporation; or
 (iv) a person authorised by the corporation to receive disclosures of that kind; and
 (c) the discloser informs the person to whom the disclosure is made of the discloser's name before making the disclosure; and
 (d) the discloser has reasonable grounds to suspect that the information indicates that:
 (i) the corporation has, or may have, contravened a provision of this Act; or
 (ii) an officer or employee of the corporation has, or may have, contravened a provision of this Act; and
 (e) the discloser makes the disclosure in good faith.
 (2) A reference in subsection (1) to a person contravening a provision of this Act includes a reference to a person committing an offence against, or based on, a provision of this Act.
Note: This subsection causes section 11.6 of the Criminal Code to operate in relation to such references.

Division 469—Effects of disclosure

469‑1  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.

469‑5  Victimisation prohibited

Actually causing detriment to another person
 (1) A person (the first person) contravenes this subsection if:
 (a) the first person engages in conduct; and
 (b) the first person's conduct