New South Wales Consolidated Acts

LAW ENFORCEMENT CONDUCT COMMISSION ACT 2016 - SECT 97K

97K Injunctions relating to detrimental action

(1) The Supreme Court may, on the application of 1 of the following, grant an injunction relating to the commission or possible commission of a detrimental action offence--

(a) a primary agency,

(b) with the written approval of the Attorney General--another public authority,

(c) a protected person,

(d) another person against whom detrimental action has been or may be taken.

(2) The terms of the injunction may--

(a) restrain a person from engaging in conduct that would constitute a detrimental action offence, or

(b) require a person to do an act or thing to remedy conduct that constitutes a detrimental action offence.

(3) An injunction restraining a person from engaging in conduct that would constitute a detrimental action offence may be granted--

(a) whether or not the person has previously engaged in conduct of that kind, and

(b) whether or not it appears to the Supreme Court the person intends to continue to engage in conduct of that kind, and

(c) whether or not there is an imminent danger of substantial damage to another person if the person engages in conduct of that kind.

(4) To avoid doubt, an injunction granted under this section may--

(a) require a formal apology to be made to a person against whom detrimental action has been taken, or

(b) restrain detrimental action comprising an attempt to terminate a person's employment in a particular position or role, or

(c) require the reinstatement in the same or a substantially similar position or role of a person against whom detrimental action comprising termination of employment in a particular position or role has been taken.

(5) An injunction granted in the terms specified in subsection (4)(c) is to be complied with despite an inconsistent provision in another Act or law.

(6) An injunction may not be granted under this section to restrain or remedy--

(a) appropriate corrective action, or

(b) reasonable management action in relation to a person.

(7) In an application under this section, a person who takes or proposes to take reasonable management action in relation to a person bears the onus of satisfying the Supreme Court of the reasons for taking, or purpose of, the action.

(8) The Supreme Court may grant an interim injunction pending determination of an application under this section.

(9) The Supreme Court may not require an undertaking as to damages as a condition of granting the interim injunction.

(10) The Supreme Court may discharge or vary an injunction or interim injunction granted under this section.

(11) This section does not limit the operation of section 59.