Detrimental action
A significant barrier to blowing the whistle (making a disclosure) is fear of reprisal, also known as 'detrimental action'.
To address this, the Public Interest Disclosures Act 2002 (Tas) protects whistleblowers against detrimental action.
Detrimental action includes:
- action causing injury, loss or damage to people making the disclosure
- intimidation or harassment
- discrimination, disadvantage or adverse treatment in relation to a person's employment, career, profession, trade or business, including the taking of disciplinary action
- threats of detrimental action.
What can you do if you have experienced a reprisal?
If you think someone has taken a reprisal action against you for blowing the whistle, you can make a further disclosure about this. Detrimental action is a type of improper conduct. The process for complaining about reprisals and for assessing the complaint is the same as for the original disclosure.
Further information about how to make a disclosure can be found in a public body’s public interest disclosure procedures (usually on the organisation’s website).
Consequences of reprisal
Taking reprisal action against a whistleblower is an offence. A person can be fined and sometimes imprisoned for taking reprisal action against a whistleblower.
There are also other remedies if reprisal actions are taken against a whistleblower. A whistleblower can:
- seek damages in court
- seek an order from a court for the detrimental action to be withdrawn
- seek an injunction to stop the detrimental action.
Can disciplinary action ever be taken against a whistleblower?
Yes, since not all disciplinary action will necessarily be reprisal action. Agencies, however, should consider seeking advice before starting any disciplinary process to ensure they are not breaching any protections.
More information
For more information about reprisals for blowing the whistle, you can contact us or the Integrity Commission.