Document ID: chunk:federal_register_of_legislation:C2025C00180:section:14zzz:p1
Version: federal_register_of_legislation:C2025C00180
Segment Type: section
Provision Reference: s 14ZZZ (pt 1/2)
Character Range: 294760–297388

14ZZZ  Compensation and other remedies—circumstances in which an order may be made
 (1) A court may make an order under section 14ZZZA in relation to a person (the first person) if:
 (a) the first person engages in conduct (detrimental conduct) that:
 (i) causes any detriment to another person (the second person); or
 (ii) constitutes the making of a threat to cause any such detriment to another person (the second person); and
 (b) when the first person engages in the detrimental conduct, the first person believes or suspects that the second person or any other person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part; and
 (c) the belief or suspicion referred to in paragraph (b) is the reason, or part of the reason, for the detrimental conduct.
 (2) A court may make an order under section 14ZZZA in relation to a person (the first person) if:
 (a) the first person is or was an officer (within the meaning of the Corporations Act 2001) or employee of a body corporate; and
 (b) paragraphs (1)(a), (b) and (c) of this section apply to the body corporate because of detrimental conduct engaged in by the body corporate; and
 (c) the first person:
 (i) aided, abetted, counselled or procured the detrimental conduct; or
 (ii) induced, whether by threats or promises or otherwise, the detrimental conduct; or
 (iii) was in any way, by act or omission, directly or indirectly, knowingly concerned in, or party to, the detrimental conduct; or
 (iv) conspired with others to effect the detrimental conduct.
 (2A) A court may make an order under section 14ZZZA in relation to a person (the first person) that is a body corporate if:
 (a) another person (the third person) engages in conduct (detrimental conduct) that:
 (i) causes any detriment to a person (the second person) other than the first person or the third person; or
 (ii) constitutes the making of a threat to cause any such detriment to a person (the second person) other than the first person or the third person; and
 (b) when the third person engages in the detrimental conduct, the third person believes or suspects that the second person or any other person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part; and
 (c) the belief or suspicion referred to in paragraph (b) is the reason, or part of the reason, for the detrimental conduct; and
 (d) the first person is under a duty to prevent the third person engaging in the detrimental conduct, or a duty to take reasonable steps to ensure that the third person does not engage in the