Whistleblowers (Interim Protection) and Miscellaneous Amendments Act 1990 (Qld)

1375 WHISTLEBLOWERS dJ PROTECTION) ` MISCELLANEOUS AMENDMENTS ACT No. 79 of 1990 ANALY SIS OF CONT ENTS 1. Short title PART I-PRELIMINARY PART II-AMENDMENT OF ELECTORAL AND ADMINISTRATIVE REVIEW ACT 1989-1990 2. Citation 3. Amendment of s. 2.5. Appointment of members and acting members 4. Amendment of s. 2.13. Commission's reports 5. Amendment of s. 2.22. Protection to person bound by oath etc. complying with requirement 6. New s. 2.25.1 2.25.1 Injunctions PART III-AMENDMENT OF CRIMINAL JUSTICE ACT 1989-1990 7. Citation 8. Amendment of s. 2.18. Commission's reports 9. Amendment of s. 2.32. Panel of Tribunal members 10. New s. 3.32.1 3.32.1 Injunctions 11. New s. 6.6.1 6.6.1 Offence of victimisation

1376 ANNO TRICESIMO NONO E LI Z A BETHAE S ECUN D AE R EGINAE An Act to amend the Electoral and Administrative ReviewAct 1989-1990 and the Criminal Justice Act 1989- 1990 to provide Interim Protection for Whistleblowv rs and to provide for the Printing of Reports, to amend the Electoral and Administrative Review Act 1989- 1990 in relation to an Acting Chairman and to amend the Criminal Justice Act 1989-1990 in relation to membership of misconduct tribunals [ASSENTED TO 2ND NOVEMBER, 1990]

Whistleblowers (Interim Protection) and Miscellaneous 1377 Amendments Act 1990, No. 79 BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- PART I-PRELIMINARY 1. Short title . This Act may be cited as the Whistleblowers (Interim Protection) and Miscellaneous Amendments Act 1990. PART II-AMENDMENT OF ELECTORAL AND ADMINISTRATIVE REVIEW ACT 1989-1990 2. Citation . (1) In this Part, the Electoral and Administrative ReviewAct 1989-1990 is referred to as the Principal Act. (2) The Principal Act, as amended by this Part, may be cited as the Electoral and Administrative Review Act 1989-1990. 3. Amendment of s. 2.5 Appointment of members and acting members. Section 2.5 of the Principal Act is amended by omitting subsection (2) and inserting the following- "(2) The Governor in Council may appoint, by notification published in the Gazette,- (a) a person to act as a Commissioner (including as Chairman) during the temporary absence of that Commissioner from the State or whilst that Commissioner is suffering an incapacity; (b) a Commissioner who may act as Chairman when, for any reason , the Chairman is unable to perform the duties of that office.". 4. Amendment of s. 2.13. Commission ' s reports . Section 2.13 of the Principal Act is amended by inserting following subsection (6) the following new subsection:- "(7) Notwithstanding subsection (5), the Commission, prior to furnishing a report in accordance with subsection (1), may- (a) publish, furnish or deliver a copy of a report of the Commission to the Government Printer; and (b) make arrangements for the preprinting by the Government Printer of copies of such report for the purposes of this section.". 5. Amendment of s. 2.22 Protection to person bound by oath etc. complying with requirement . Section 2.22 of the Principal Act is amended by omitting "by reason of his complying with a requirement of a notice issued under section 2.15, 2.16 or 2.18" and inserting "by reason of that person furnishing information concerning that matter, or producing a document or thing, whether in compliance with section 2.15, 2.16 or 45

1378 Whistleblowers ( Interim Protection) and Miscellaneous Amendments Act 1990, No. 79 2.18 or otherwise, to the Commission for the purpose of the discharge of the objects or functions of the Commission.". 6. New s.2.25.1 The Principal Act is amended by inserting the following section after section 2.25:- "2.25.1 Injunctions . (1) Where on the application of the Commission to the Supreme Court the Court is satisfied that a person has engaged or is proposing to engage in conduct that constitutes or would constitute- (a) a contravention of section 6.5; or (b) attempting to contravene section 6.5; or (c) aiding, abetting, counselling or procuring a person to contravene section 6.5; or (d) being in any way, directly or indirectly, knowingly concerned in or a party to the contravention of section 6.5; or (e) conspiring with others to contravene section 6.5; the Court may grant an injunction in such terms as the Court determines to be appropriate, notwithstanding the provisions of the Industrial Relations Act 1990. (2) Where in the opinion of the Court it is desirable to do so, the Court may grant an interim injunction pending determination of an application under subsection (1). (3) Before the Supreme Court grants an injunction in accordance with subsection (1) it must be satisfied on the balance of probabilities that the person who assisted the Commission acted in good faith. (4) The Court may rescind or vary an injunction granted under subsection (1) or (2). (5) The power of the Court to grant an injunction restraining a person from engaging in conduct may be exercised- (a) whether or not it appears to the Court that the person intends to engage again, or to continue to engage, in conduct of that kind; or (b) whether or not the person has previously engaged in conduct of that kind; and (c) whether or not there is an imminent danger of substantial damage to any person if the first mentioned person engages in conduct of that kind.

Whistleblowers (Interim Protection) and Miscellaneous 1379 Amendments Act 1990, No. 79 (6) The power of the Court to grant an injunction requiring a person to do an act or thing may be exercised- (a) whether or not it appears to the Court that the person intends to refuse or fail again, or to continue to refuse or fail, to do that act or thing; or (b) whether or not the person has previously refused or failed to do that act or thing; and (c) whether or not there is an imminent danger of substantial damage to any person if the first mentioned person refuses or fails to do that act or thing. (7) Where the Commission makes an application to the Court for the grant of an injunction under this section, the Court shall not require the applicant or any other person, as a condition of granting an interim injunction, to give any undertakings as to damages.". PART III-AMENDMENT OF CRIMINAL JUSTICE ACT 1989- 1990 7. Citation. (1) In this Part, the Criminal Justice Act 1989-1990 is referred to as the Principal Act. (2) The Principal Act, as amended by this Part, may be cited as the Criminal Justice Act 1989-1990. 8. Amendment of s. 2.18 Commission ' s reports . Section 2.18 of the Principal Act is amended by inserting following subsection (7) the following new subsection:- "(8) Notwithstanding subsection (6) the Commission, prior to furnishing a report in accordance with subsection (1), may- (a) publish, furnish or deliver a copy of a report of the Commission to the Government Printer; and (b) make arrangements for the preprinting by the Government Printer of copies of such report for the purposes of this section.". 9. Amendment of s. 2.32 Panel of Tribunal members. Section 2.32 of the Principal Act is amended by inserting following subsection (1) the following subsection:- "(1 A) A reference to a unit of public administration in subsection (1) (b) does not include reference to an educational institution.". 10. New s. 3.32.1 The Principal Act is amended by inserting following section 3.32 the following section:- "3.32.1 Injunctions . (1) Where on the application of the Commission to the Supreme Court the Court is satisfied that a

1380 Whistleblowers (Interim Protection) and Miscellaneous Amendments Act 1990, No. 79 person has engaged or is proposing to engage in conduct that constitutes or would constitute- (i) a contravention of section 6.6.1; or (ii) attempting to contravene section 6.6.1; or (iii) aiding, abetting, counselling or procuring a person to contravene section 6.6.1; or (iv) being in any way, directly or indirectly, knowingly concerned in or a party to the contravention of section 6.6.1; or (v) conspiring with others to contravene section 6.6.1; the Court may grant an injunction in such terms as the Court determines to be appropriate, notwithstanding the provisions of the Industrial Relations Act 1990. (2) Where in the opinion of the Court it is desirable to do so, the Court may grant an interim injunction pending determination of an application under subsection (1). (3) Before the Supreme Court grants an injunction in accordance with subsection (1), it must be satisfied on the balance of probabilities that the person who gave evidence to or assisted the Commission acted in good faith. (4) The Court may rescind or vary an injunction granted under subsection (1) or (2). (5) The power of the Court to grant an injunction restraining a person from engaging in conduct may be exercised- (a) whether or not it appears to the Court that the person intends to engage again, or to continue to engage, in conduct of that kind; or (b) whether or not the person has previously engaged in conduct of that kind; and (c) whether or not there is an imminent danger of substantial damage to any person if the first mentioned person engages in conduct of that kind. (6) The power of the Court to grant an injunction requiring a person to do an act or thing may be exercised- (a) whether or not it appears to the Court that the person intends to refuse or fail again, or to continue to refuse or fail, to do that act or thing;

Whistleblowers ( Interim Protection ) and Miscellaneous 1381 Amendments Act 1990, No. 79 or (b) whether or not the person has previously refused or failed to do that act or thing; and (c) whether or not there is an imminent danger of substantial damage to any person if the first mentioned person refuses or fails to do that act or thing. (7) Where the Commission makes an application to the Court for the grant of an injunction under this section, the Court shall not require the applicant or any other person, as a condition of granting an interim injunction, to give any undertakings as to damages.". 11. New s. 6.6.1 The Principal Act is amended by inserting following section 6.6, the following section:- "6.6.1 Offence of victimisation . A person who- (a) prejudices, or threatens to prejudice, the safety or career of any person; (b) intimidates or harasses, or threatens to intimidate or harass, any person; (c) does any act that is, or is likely to be, to the detriment of any person; because the person referred to in paragraph (a), (b) or (c) or any other person, has given evidence to or assisted the Commission in the discharge of its objects, functions and responsibilities in any manner referred to in section 3.32 commits an offence against this Act and is liable to a penalty of 85 penalty units.".