Document ID: chunk:federal_register_of_legislation:C2024C00616:section:13
Version: federal_register_of_legislation:C2024C00616
Segment Type: section
Provision Reference: s 13
Character Range: 33605–35736

13  What constitutes taking a reprisal
 (1) A person (the first person) takes a reprisal against another person (the second person) if:
 (a) the first person engages in conduct that:
 (i) results in detriment to the second person; or
 (ii) consists of, or results in, a threat to cause detriment to the second person; and
 (b) when the conduct is engaged in, the first person believes or suspects that the second person, or any other person:
 (i) has made a public interest disclosure; or
 (ii) may have made a public interest disclosure; or
 (iii) proposes to make a public interest disclosure; or
 (iv) could make a public interest disclosure; and
 (c) the belief or suspicion is the reason, or part of the reason, for engaging in the conduct.
Examples: Persons against whom a reprisal may be taken within the meaning of this section in relation to the making of a public interest disclosure by any person include the following:
(a) the person who made the disclosure;
(b) a witness in relation to the disclosure, within the meaning of section 12A.
 (2) Detriment includes (without limitation) any of the following:
 (a) dismissal of an employee;
 (b) injury of an employee in his or her employment;
 (c) alteration of an employee's position to his or her disadvantage;
 (d) discrimination between an employee and other employees of the same employer;
 (e) harassment or intimidation of a person;
 (f) harm or injury to a person, including psychological harm;
 (g) damage to a person's property;
 (h) damage to a person's reputation;
 (i) damage to a person's business or financial position;
 (j) any other damage to a person.
 (3) Despite subsection (1), a person does not take a reprisal against another person to the extent that the person takes administrative action that is reasonable to protect the other person from detriment.
Note 1: A person may be liable in a civil action under section 14, 15 or 16 for taking a reprisal against another person.
Note 2: If a person engages in conduct that, in substance, constitutes taking a reprisal against another person, the person may be guilty of an offence against section 19.