Document ID: chunk:federal_register_of_legislation:C2025C00122:section:2:p27
Version: federal_register_of_legislation:C2025C00122
Segment Type: section
Provision Reference: s 2 (pt 27/53)
Character Range: 405696–408423

This section does not limit or affect any right, privilege or immunity that a person has, apart from this section, as a defendant in proceedings, or an action, for defamation.
 (6) 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 section 54‑4; and
 (c) the employer purports to terminate the contract of employment on the basis of the disclosure;
the court may:
 (d) order that the employee be reinstated in that position or a position at a comparable level; or
 (e) order the employer to pay the employee an amount instead of reinstating the employee, if the court considers it appropriate to make the order.

54‑6  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 causes any detriment to another person (the second person); and
 (c) the first person intends that the conduct cause detriment to the second person; and
 (d) the first person engages in the conduct because the second person or a third person made a disclosure that qualifies for protection under section 54‑4.
Civil penalty: 500 penalty units.

Threatening to cause detriment to another person
 (2) A person (the first person) contravenes this subsection if:
 (a) the first person makes to another person (the second person) a threat to cause any detriment to the second person or to a third person; and
 (b) the first person:
 (i) intends the second person to fear that the threat will be carried out; or
 (ii) is reckless as to causing the second person to fear that the threat will be carried out; and
 (c) the first person makes the threat because a person:
 (i) makes a disclosure that qualifies for protection under section 54‑4; or
 (ii) may make a disclosure that would qualify for protection under section 54‑4.
Civil penalty: 500 penalty units.

Threats
 (3) For the purpose of subsection (2), a threat may be:
 (a) express or implied; or
 (b) conditional or unconditional.
 (4) In proceedings for a civil penalty order against a person for a contravention of subsection (2), it is not necessary to prove that the person threatened actually feared that the threat would be carried out.
Note: For enforcement of the civil penalty provisions in this section, see Part 8A of the Quality and Safety Commission Act.

54‑7  Right to compensation
  If:
 (a) a person contravenes subsection 54‑6(1) or (2); and
 (b) another person suffers damage because of