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GUARDIANSHIP AND ADMINISTRATION AND OTHER LEGISLATION AMENDMENT ACT 2019 - SECT 40

Insertion of new ss 247A–247C

40 Insertion of new ss 247A–247C

After section 247
insert —

247A Reprisal and grounds for reprisal
(1) A person must not cause, or attempt or conspire to cause, detriment to another person because, or in the belief that, the other person or someone else has disclosed or intends to disclose information under section 247(1).
(2) An attempt to cause detriment includes an attempt to induce a person to cause detriment.
(3) A contravention of subsection (1) is a reprisal or the taking of a reprisal.
(4) A ground mentioned in subsection (1) as the ground for a reprisal is the unlawful ground for the reprisal.
(5) For the contravention mentioned in subsection (3) to happen, it is sufficient if the unlawful ground is a substantial ground for the act or omission that is the reprisal, even if there is another ground for the act or omission.
247B Offence of taking reprisal
(1) A person must not take a reprisal.
Penalty—
Maximum penalty—167 penalty units or 2 years imprisonment.
(2) An offence against subsection (1) is an indictable offence that is a misdemeanour.
247C Damages for reprisal
(1) A reprisal is a tort and a person who takes a reprisal is liable in damages to any person who suffers detriment as a result.
(2) Any appropriate remedy that may be granted by a court for a tort, including exemplary damages, may be granted by a court for the taking of a reprisal.
(3) If the claim for damages goes to trial in the Supreme Court or the District Court, it must be decided by a judge sitting without a jury.
(4) The right of a person to bring proceedings for damages under this section does not affect any other right or remedy available to the person arising from the reprisal.
(5) Proceedings for damages may be brought under this section even if a prosecution in relation to the reprisal has not been brought, or can not be brought, for the offence under section 247B.
(6) The Workers’ Compensation and Rehabilitation Act 2003 does not apply to proceedings for damages brought under this section.
(7) In this section—

"court" means any court.



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