Document ID: chunk:federal_register_of_legislation:C2024C00345:section:337ba
Version: federal_register_of_legislation:C2024C00345
Segment Type: section
Provision Reference: s 337BA
Character Range: 593469–594821

337BA  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 causes (by act or omission) any detriment to the second person; and
 (b) when the act or omission occurs, the first person:
 (i) 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; or
 (ii) should have known 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.
 (2) In this Part, 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 detriment;
 (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.
 (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.