Page:National Anti-Corruption Commission Act 2022.pdf/52

 Division 3—Protection from reprisals

29 What constitutes taking a reprisal

(1) A person (the first person) takes a reprisal against another person (the second person) if:


 * (a) the first person causes (by act or omission) any detriment to the second person; and


 * (b) when the act or omission occurs, the first person believes or suspects that the second person or any other person made, may have made or proposes to make a NACC disclosure; and


 * (c) that belief or suspicion is the reason, or part of the reason, for the act or omission.

(2) Detriment includes any disadvantage, including (without limitation) any of the following:


 * (a) dismissal of an employee;


 * (b) injury of an employee in their employment;


 * (c) alteration of an employee's position to their detriment;


 * (d) discrimination between an employee and other employees of the same employer.

(3) Despite subsection (1), a person does not take a reprisal against another person to the extent that the person takes administrative action that is reasonable to protect the other person from detriment.

30 Offences—taking a reprisal or threatening to take a reprisal

Offence—taking a reprisal

(1) A person commits an offence if the person takes a reprisal against another person.

Penalty: Imprisonment for 2 years.

(2) In a prosecution for an offence against subsection (1), it is not necessary to prove that the other person made, may have made or intended to make a NACC disclosure.