Document ID: chunk:federal_register_of_legislation:C2025C00060:section:10:p11
Version: federal_register_of_legislation:C2025C00060
Segment Type: section
Provision Reference: s 10 (pt 11/23)
Character Range: 1152751–1155587

be considered to have breached any professional ethics in respect of the protected conduct.
 (6) Professional ethics includes the following (without limitation):
 (a) rules of professional conduct;
 (b) rules of professional etiquette;
 (c) a code of ethics;
 (d) standards of professional conduct.
 (7) Without limiting subsection (5):
 (a) if the person engages in protected conduct by disclosing information, the person:
 (i) has qualified privilege in proceedings for defamation relating to the disclosure; and
 (ii) is not liable to an action for defamation at the suit of another person relating to the disclosure; and
 (b) a contract to which the person is a party may not be terminated on the basis that the protected conduct constitutes a breach of the contract.
 (8) Paragraphs (5)(a) and (7)(a) do not affect any other right, privilege or immunity the person has as a defendant in proceedings, or an action, for defamation.
 (9) Without limiting paragraphs (5)(b) and (7)(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 engages in protected conduct; and
 (c) the employer purports to terminate the contract of employment on the basis of the person engaging in protected conduct being engaged in;
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.

Admissibility of evidence
 (10) If an individual engages in protected conduct by disclosing information, the information is not admissible in evidence against the individual in relation to liability in any relevant proceedings.
 (11) To avoid doubt, this section does not affect the admissibility of evidence in any relevant proceedings of any information obtained as an indirect consequence of a disclosure of information that constitutes protected conduct.

Division 274—Torture

274.1  Definitions
 (1) In this Division:
Convention means the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment adopted by the General Assembly of the United Nations at New York on 10 December 1984.
Note: The text of the Convention is set out in Australian Treaty Series 1989 No. 21 ([1989] ATS 21). In 2010, the text of a Convention in the Australian Treaty Series was accessible through the Australian Treaties Library on the AustLII website (www.austlii.edu.au).
 (2) An expression that is used both in this Division and in the Convention (whether or not a particular meaning is given to it by the Convention) has, in this Division, the same meaning as it has in the Convention.

274.2  Torture
 (1)