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LAW ENFORCEMENT CONDUCT COMMISSION ACT 2016 - SECT 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.
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