New South Wales Consolidated Acts

PROTECTED DISCLOSURES ACT 1994 - SECT 20

20 Protection against reprisals

(1) A person who takes detrimental action against another person that is substantially in reprisal for the other person making a protected disclosure is guilty of an offence.

Maximum penalty: 50 penalty units or imprisonment for 12 months, or both.

(1A) In any proceedings for an offence against this section, it lies on the defendant to prove that detrimental action shown to be taken against a person was not substantially in reprisal for the person making a protected disclosure.

(2) In this Act, "detrimental action" means action causing, comprising or involving any of the following:

(a) injury, damage or loss,

(b) intimidation or harassment,

(c) discrimination, disadvantage or adverse treatment in relation to employment,

(d) dismissal from, or prejudice in, employment,

(e) disciplinary proceeding.

(3) Proceedings for an offence against this section may be instituted at any time within 2 years after the offence is alleged to have been committed.