Commonwealth Consolidated Acts

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FAIR WORK (REGISTERED ORGANISATIONS) ACT 2009 - SECT 337BA

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:

  (i)   believes or suspects that the second person or any other person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part; or

  (ii)   should have known that the second person or any other person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part.

  (2)   In this Part, detriment includes (without limitation) any of the following:

  (a)   dismissal of an employee;

  (b)   injury of an employee in his or her employment;

  (c)   alteration of an employee's position to his or her detriment;

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

  (e)   harassment or intimidation of a person;

  (f)   harm or injury to a person, including psychological harm;

  (g)   damage to a person's property;

  (h)   damage to a person's reputation.

  (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.



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