Queensland Numbered Acts Queensland Numbered ActsChapter 9--
insert--
'(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--
(a) has made a complaint, or in any other way has raised, an operating plant safety issue; or
(b) has contacted or given help to an official, an executive safety manager or a site safety manager in relation to an operating plant safety issue.
Maximum penalty--40 penalty units.
'(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 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.
'(6) This section does not limit or otherwise affect the operation of the Whistleblowers Protection Act 1994, part 5, division 3.
'(7) In this section--
operating plant safety issue means an issue about the safety or health of a person or persons while at an operating plant or as a result of operating plant operations.
'(1) A reprisal is a tort and a person who takes a reprisal is liable in damages to anyone who suffers detriment as a result.
'(2) Any appropriate remedy that may be granted by a court for a tort may be granted by a court for the taking of a reprisal.
'(3) If the claim for the damages goes to trial in the Supreme Court or the District Court, it must be decided by a judge sitting without a jury.'.