Victorian Consolidated Legislation

Whistleblowers Protection Act 2001 - SECT 18

Protection from reprisal

18. Protection from reprisal



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

Penalty: 240 penalty units or 2 years imprisonment 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.