PROTECTED DISCLOSURE ACT 2012 (NO. 85 OF 2012) - SECT 142 New Division 3 of Part 3 inserted
PROTECTED DISCLOSURE ACT 2012 (NO. 85 OF 2012) - SECT 142
New Division 3 of Part 3 insertedAfter section 26 of the Safe Drinking Water Act 2003 insert —
" Division 3—Protection of officers reporting known or suspected contamination
26A Definition
In this Division—
"officer "means an officer of a water supplier, water storage manager or council.
26B Application
(1) This Division applies to a report if—
(a) an officer has made the report to the Secretary under section 22(2); and
(b) the belief or suspicion referred to in section 22(1) in relation to the report is based on what the officer believes on reasonable grounds to be improper conduct on the part of a public officer or public body in their capacity as a public officer or public body.
(2) For the purposes of this section, "improper conduct", public officer and public body have the same meaning as they have in the Protected Disclosure Act 2012 .
26C Certain further information also protected
If an officer who makes a report to which this Division applies provides to the Secretary further information relating to that report, that further information is to be treated as if it were a report to which this Division applies.
26D Immunity from liability
An officer who makes a report to which this Division applies is not subject to any civil or criminal liability or any liability arising by way of administrative process (including disciplinary action) for making the report.
26E Confidentiality provisions do not apply
Without limiting section 26D, an officer who makes a report to which this Division applies does not by doing so—
(a) commit an offence under section 95 of the Constitution Act 1975 or a provision of any other Act that imposes a duty to maintain confidentiality with respect to a matter or any other restriction on the disclosure of information; or
(b) breach an obligation by way of oath or rule of law or practice or under an agreement requiring the officer to maintain confidentiality or otherwise restricting the disclosure of information with respect to a matter.
26F Protection from defamation action
Without limiting section 26D, in proceedings for defamation there is a defence of absolute privilege in respect of the making of a report to which this Division applies.
26G Liability for own conduct
Despite anything to the contrary in this Division, an officer's liability for his or her own conduct is not affected by the officer's disclosure of that conduct in a report to which this Division applies.
26H Protection from reprisal
(1) A person must not take detrimental action against an officer in reprisal for a report to which this Division applies.
Penalty: 240 penalty units or 2 years imprisonment or both.
(2) A person takes detrimental action in reprisal for a report to which this Division applies if—
(a) the person takes or threatens to take the action because—
(i) an officer has made, or intends to make, a report to which this Division applies; or
(ii) the person believes that an officer has made or intends to make a report to which this Division applies; 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.
26I Proceedings for damages for reprisal
(1) A person who takes detrimental action against an officer in reprisal for a report to which this Division applies is liable in damages to that officer.
(2) The damages may be recovered in proceedings as for a tort in any court of competent jurisdiction.
(3) Any remedy that may be granted by a court with respect to a tort, including exemplary damages, may be granted by a court in proceedings under this section.
(4) The right of an officer to bring proceedings for damages does not affect any other right or remedy available to the officer arising from the detrimental action.
26J Application for injunction or order
An officer who believes that detrimental action has been taken or may be taken against him or her in reprisal for a report to which this Division applies may apply to the Supreme Court for—
(a) an order requiring the person who has taken the detrimental action to remedy that action; or
(b) an injunction.
26K Injunction or order
(1) If, on receipt of an application under section 26J, the Supreme Court is satisfied that a person has taken or intends to take detrimental action against an officer in reprisal for a report to which this Division applies, the Court may—
(a) order the person who took the detrimental action to remedy that action; or
(b) grant an injunction in any terms the Court considers appropriate.
(2) The Supreme Court, pending the final determination of an application under section 26J, may—
(a) make an interim order in the terms of subsection (1)(a); or
(b) grant an interim injunction.".