Queensland Numbered Acts

MARITIME AND OTHER LEGISLATION AMENDMENT ACT 2006 No. 21 - SECT 36

After section 128--

insert--

'In this part--

disclosing person see section 128C(1).

official means--

(a) the chief executive; or

(b) the general manager; or

(c) the marine pollution controller; or

(d) an authorised officer.

reprisal see section 128E(3).

'(1) This part applies to a person other than a person who makes a disclosure as a public officer under the Whistleblowers Protection Act 1994.

'(2) If a disclosure is made under the Whistleblowers Protection Act 1994, this part does not limit the application of that Act and that Act does limit the application of this part.

'(1) A person (the disclosing person) is not civilly or criminally liable for disclosing information to an official about a person's conduct, whether committed before or after the commencement of this section, that the disclosing person honestly believes, on reasonable grounds, contravenes this Act.

'(2) Without limiting subsection (1)--

(a) in a proceeding for defamation, the disclosing person has a defence of absolute privilege for publishing the disclosed information; and

(b) if the disclosing person would otherwise be required to maintain confidentiality about the disclosed information under an Act, agreement, oath, rule of law or practice, the disclosing person does not--

(i) contravene the Act, oath, rule of law or practice by making the disclosure; or

(ii) breach the agreement by making the disclosure.

'(3) In this section--

agreement includes a contract or deed.

'(1) The liability of the disclosing person for his or her own conduct is not affected only because the disclosing person discloses the conduct to an official.

'(2) However, a court may have regard to the disclosure if the disclosing person is prosecuted for an offence involving the conduct and either of the following applies--

(a) the disclosing person is the master of a ship and his or her conduct was in compliance with an express instruction of the owner of the ship or someone authorised by the owner to give the instruction;

(b) the disclosing person is another member of a ship's crew and his or her conduct was in compliance with an express instruction of the master of the ship or someone authorised by the master to give the instruction.

'(3) Subsection (2) does not limit the Penalties and Sentences Act 1992.

'(1) A person must not cause, or attempt or conspire to cause, detriment to another person because, or in the belief that, anybody has made, or may make, a disclosure as mentioned in section 128C(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 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.

'(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 damages goes to trial in the Supreme Court or the District Court, it must be decided by a judge sitting without a jury.

'(4) This section does not limit any other remedy that may be available at law to the person against whom the reprisal is taken.

'A person must not, for section 128C(1), state anything to an official that the person knows is false or misleading in a material particular.

Maximum penalty--200 penalty units.

'(1) A person must not, for section 128C(1), give an official a document containing information the person knows is false or misleading in a material particular.

Maximum penalty--200 penalty units.

'(2) Subsection (1) does not apply to a person if the person, when giving the document--

(a) informs the official, to the best of the person's ability, how it is false or misleading; and

(b) if the person has, or can reasonably obtain, the correct information, gives the correct information.'.