Queensland Consolidated Acts

WORKERS' COMPENSATION AND REHABILITATION ACT 2003 - SECT 537B

537B Protection from reprisal

(1) A person must not cause, or attempt or conspire to cause, detriment to another person for either of the following reasons—

(a) the other person has made, or intends to make, an enforcement disclosure;

(b) the person believes the other person has made, or intends to make, an enforcement disclosure.

Penalty—

Maximum penalty—300 penalty units.

(2) For subsection (1) —

(a) an attempt to cause detriment includes an attempt to induce a person to cause detriment; and

(b) the reason need not be the only or main reason for causing the detriment but must be a substantial reason.

(3) The Public Interest Disclosure Act 2010 , chapter 4 (except section 41 ) applies in relation to an enforcement disclosure as if—

(a) the enforcement disclosure were a public interest disclosure; and

(b) the contravention of this section relating to the enforcement disclosure were the taking of a reprisal under that Act; and

(c) the reference in section 43 of that Act to a contravention of section 40 of that Act were a reference to the contravention of this section; and

(d) the provisions were subject to any other modifications prescribed by regulation for the purposes of this subsection.

(4) In this section—

"enforcement disclosure" means—

(a) giving information to the Regulator or WorkCover under section 537A ; or

(b) giving assistance or further information to the Regulator or WorkCover in relation to information given under section 537A .