AustLII Tasmanian Consolidated Acts

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PUBLIC INTEREST DISCLOSURES ACT 2002 - SECT 19

19. Protection from reprisal

      (1) A person must not take detrimental action against a person in reprisal for a protected disclosure.

Penalty:

Fine not exceeding 240 penalty units or imprisonment for a term not exceeding 2 years, or both.

      (2) A person takes detrimental action in reprisal for a protected disclosure if –

(a) the person takes or threatens to take the action because –

(i) a person has made, or intends to make, a protected disclosure; or

(ii) the person believes that a person has made or intends to make the protected disclosure; or

(b) the person incites or permits another person to take or threaten to take the action for either of those reasons.

      (3) In determining whether a person takes detrimental action in reprisal, it is irrelevant whether or not a reason referred to in subsection (2) is the only or dominant reason as long as it is a substantial reason.



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