PUBLIC INTEREST DISCLOSURES ACT 1994 - SECT 20B
Injunctions to prevent reprisals
PUBLIC INTEREST DISCLOSURES ACT 1994 - SECT 20B
Injunctions to prevent reprisals
20B Injunctions to prevent reprisals
(1) An investigating authority, or any other public authority with the
approval of the Attorney General, may apply to the Supreme Court for an
injunction to prevent a contravention of section 20 (Protection against
reprisals).
(2) The Supreme Court may, on application under this section,
grant an injunction restraining a person from engaging in conduct in which the
person has engaged, is engaged or is proposing to engage and that constituted,
constitutes or would constitute a contravention of section 20, and, if in the
opinion of the Supreme Court it is desirable to do so, requiring that person
to do any act or thing to remedy such a contravention.
(3) The Court may
grant an interim injunction pending determination of an application under this
section if the Court thinks it is desirable to do so.
(4) The Court may
discharge or vary an injunction granted under this section.
(5) The power of
the Court to grant an injunction restraining a person from engaging in conduct
may be exercised--
(a) whether or not it appears to the Court that the person
intends to engage again, or to continue to engage, in conduct of that kind,
and
(b) whether or not the person has previously engaged in conduct of that
kind, and
(c) whether or not there is an imminent danger of substantial
damage to any person if the first-mentioned person engages in conduct of that
kind.
(6) The Court must not require an applicant for an injunction under
this section or any other person, as a condition of granting an interim
injunction, to give an undertaking as to damages.