s.19Offence of taking detrimental action
19
Section 19Part 4 — PROTECTION AGAINST DETRIMENTAL ACTION

Offence of taking detrimental action

←→ Navigate  ·  Click subsection badges to collapse  ·  Press ? for help

A person shall not take detrimental action against an employee in reprisal for a protected disclosure and a person who takes such action commits an offence and is liable —
on summary conviction, to a fine of twenty thousand dollars, to imprisonment for a term of two years or to both; or
on conviction on indictment, to a fine or to imprisonment for a term of five years or to both such fine and imprisonment.
A person may, apply to the designated authority to determine whether a disclosure is protected and in such a case it is a defence in a proceeding for an offence against subsection (1) if —
the designated authority, at the application of the person who took the detrimental action, determined that the disclosure is not a protected disclosure; and
at the time the person took the detrimental action, that person knew of that determination.

Defined Terms

detrimental actionprotected disclosuredesignated authority

Cross References

Referenced By