Northern Territory Numbered Acts

CHILDREN'S COMMISSIONER AMENDMENT ACT 2024 (NO 6 OF 2024) - SECT 12

After section 42, in Part 8

insert

42A     Reprisal against informant

    (1)     A person commits an offence if:

    (a)     the person intentionally takes an action against another person; and

    (b)     the action is a detrimental action and the person is reckless in relation to that circumstance; and

    (c)     the detrimental action is taken wholly or partly because the person believes the other person gave or disclosed information to the Commissioner.

Maximum penalty:     100 penalty units or imprisonment for 2 years.

    (2)     Strict liability applies to subsection (1)(c).

    (3)     A person may be found guilty of an offence under this section even if the other person did not in fact give or disclose information to the Commissioner.    

    (4)     In this section:

"detrimental action "means action causing, comprising or involving any of the following:

    (a)     injury, damage or loss;

    (b)     an adverse change in living conditions;

    (c)     intimidation or harassment;

    (d)     discrimination, disadvantage or adverse treatment in relation to employment;

    (e)     dismissal from, or prejudice in, employment;

    (f)     disciplinary proceedings;

    (g)     other disadvantage or prejudice of any kind.