PROTECTED DISCLOSURE ACT 2012 (NO. 85 OF 2012) - SECT 45 Protection from reprisal

PROTECTED DISCLOSURE ACT 2012 (NO. 85 OF 2012) - SECT 45

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

Penalty:     240 penalty units or 2 years imprisonment or both.

    (2)     It is a defence in a proceeding for an offence against subsection (1) if a reason referred to in section 43(1)(a) was not a substantial reason for the person taking the detrimental action against the other person.

    (3)     It is a defence in a proceeding for an offence against subsection (1) if—

        (a)     the IBAC or the Victorian Inspectorate has determined that the disclosure is not a protected disclosure complaint; and

        (b)     at the time the person took the detrimental action, the person knew of that determination.