Date-stamp loading
Version status: In force | Document consolidation status: No known changes
Version date: 1 January 2023 - onwards
  Version 2 of 2    

22. Amendment of section 13 of Principal Act

Section 13 of the Principal Act is amended -

(a) by the insertion of the following subsections after subsection (2):

"(2A) Where the investigation of the relevant wrongdoing concerned was not the sole or main motivation for making the protected disclosure concerned, in determining the amount of any damages to be awarded, in proceedings under this section, to a person to whom detriment is caused, the amount may be up to 25 per cent less than the amount that it would otherwise be.

(2B) In any proceedings under this section in respect of alleged detriment caused to a person, the detriment so caused shall be deemed, for the purposes of this section, to have been caused as a result of the person or another person having made a protected disclosure, unless the person whom it is alleged caused the detriment proves that the act or omission concerned was based on duly justified grounds.",

and

(b) by the substitution of the following for subsection (3):

"(3) In subsection (1), 'detriment' means

Comparing proposed amendment...