Queensland Consolidated Acts

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WHISTLEBLOWERS PROTECTION ACT 1994 - SECT 11

11 What is the special protection given for public interest disclosures (pt 5)?

(1) Under part 5, division 2, a person is declared not to be liable, civilly, criminally or under an administrative process, for making a public interest disclosure.

(2) Under part 5, divisions 3 to 5, causing or attempting or conspiring to cause detriment to any person because of a public interest disclosure is declared to be a reprisal and unlawful, both under the civil law of tort and the criminal law.

(3) Under part 5, division 6--

(a) public sector entities must establish reasonable procedures to protect their officers from reprisals; and
(b) public officers with existing rights to appeal against, or to apply for a review of, disciplinary action, appointments, transfers or unfair treatment are permitted to use these rights against reprisals; and
(c) public service employees are given an additional right to appeal to the chief executive of the Public Service Commission to be relocated to remove the danger of reprisals.

(4) Under part 5, division 7, the Industrial Commission, or, if the Industrial Commission does not have jurisdiction, the Supreme Court, may grant injunctions against reprisals.



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