Document ID: chunk:federal_register_of_legislation:C2010C00544:clause:1_156b
Version: federal_register_of_legislation:C2010C00544
Segment Type: clause
Provision Reference: sch 1 cl 156B
Character Range: 52461–53965

156B  Whistleblower protection for disclosures that qualify

 (1) If a person makes a disclosure that qualifies for protection under this Subdivision:
 (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.

 (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 must 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 Subdivision; 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.

 (4) If an individual makes a disclosure of information that qualifies for protection under this Subdivision, the information is not admissible in evidence against the individual in criminal proceedings or in proceedings for the imposition of a penalty, other than proceedings in respect of the falsity of the information.