Skip to main content
Version status: In force | Document consolidation status: Updated to reflect all known changes
Version date: 1 August 2013 - onwards
Version 2 of 2

42. Tortious liability of person for victimisation.

(1) If a person causes detriment to another person (in this section referred to as the "second-mentioned person") because the second-mentioned person or a third person -

(a) made a protected disclosure, unless he or she -

(i) in making the protected disclosure did so knowing it to be false or misleading, or

(ii) in connection with the disclosure, furnished information that he or she knew to be false or misleading,

(b) gave evidence in any proceedings under financial services legislation, or

(c) gave notice of his or her intention to do any of the things referred to in paragraph (a) or (b),

the second-mentioned person has a right of action in tort against the person who causes the detriment.

(2) In this section, "detriment" includes -

(a) intimidation or harassment,

(b) discrimination, disadvantage or adverse treatment in relation to a person's employment,

(c) injury, damage or loss, or

(d) a threat of reprisal.