New South Wales Consolidated Acts

LAW ENFORCEMENT CONDUCT COMMISSION ACT 2016 - SECT 97I

97I Detrimental action--recovery of damages

(1) A person who takes detrimental action against another person is liable in damages under this section for injury, damage or loss suffered as a result by the other person or a third person if--

(a) the person suspects, believes or is aware, when taking the detrimental action, that any person is a protected person, and

(b) the suspicion, belief or awareness is a contributing factor to the taking of the detrimental action.

(2) The damages may be recovered in a court of competent jurisdiction.

(3) The person's liability is not affected by the fact the suspicion or belief was mistaken.

(4) In proceedings under this section, the defendant bears the onus of proving, in relation to detrimental action established by the plaintiff to have been taken by the defendant--

(a) the defendant did not have the suspicion, belief or awareness mentioned in subsection (1)(a), or

(b) if the defendant had the suspicion, belief or awareness--the suspicion, belief or awareness was not a contributing factor to the taking of the detrimental action.

(5) It is a defence in proceedings arising under this section that the detrimental action constituted appropriate corrective action.

(6) Damages recovered under this section may include damages in the nature of exemplary damages.

(7) A person's entitlement to recover damages under this section--

(a) does not affect another right or remedy available to the person as a result of the relevant detrimental action, and

(b) does not constitute redress in relation to dismissal from employment for the purposes of the Industrial Relations Act 1996 , section 90 or another law.

Note : However, see the Public Interest Disclosures Act 2022 , sections 35(7) and 62(5).

(8) To avoid doubt, liability under this section is not liability in tort.