Prepare the issues for a compensation claim for detriment

Key facts

Human involvement

Red · Lawyer-led

How AI is used

From the de-identified chronology, build an issues table for a corporations compensation claim. Tag each event to s 1317AD(1): detrimental conduct causing detriment or threatening it; a belief or suspicion that the second person or any other person made, may have made, proposes to make, or could make a qualifying disclosure; and that belief or suspicion as the reason or part of the reason. Add rows for accessorial liability under s 1317AD(2) and for a body corporate's failure to fulfil a duty under s 1317AD(2A). Record the burden in s 1317AD(2B): the claimant bears the onus of adducing or pointing to evidence that suggests a reasonable possibility of the matters specified for the applicable subsection, and if that onus is discharged the other person bears the onus of proving the claim is not made out. Record that a threat may be express or implied, conditional or unconditional, and that it is not necessary to prove the person threatened feared the threat would be carried out. Tag detriment to the inclusive list in s 1317ADA. List the orders in s 1317AE(1), the employment-period consideration in s 1317AE(2) where termination or forced resignation is alleged, and the employer factors in s 1317AE(3), including reasonable precautions, due diligence, and whether the employer gave effect to a policy dealing with the s 1317AI(5) matters. Note the costs rule in s 1317AH for a proceeding on a s 1317AE matter. The lawyer supplies a de-identified copy. The tool does not receive the discloser's name or details likely to identify the discloser. The tool does not write the application, the orders sought, or any sentence for a filed document.

What the lawyer must review

The lawyer decides whether a claim is open, who the respondents are, and what orders to seek, and writes the application. The victim need not be the whistleblower: s 1317AD(1) looks at a belief or suspicion about the second person or any other person. A public-sector reprisal is a different statute. Under the Public Interest Disclosure Act 2013 (Cth), s 13 defines a reprisal, s 13(2) lists detriment and its employment-position limb is alteration of an employee's position, s 13(3) says reasonable administrative action to protect the other person from detriment is not a reprisal to that extent, ss 14, 15 and 16 provide compensation, injunctions and apologies, other orders, and reinstatement, s 18 is the costs rule, and s 19 is the offence, with a penalty of imprisonment for 2 years or 120 penalty units or both. Those applications are made to the Federal Court or the Federal Circuit and Family Court of Australia (Division 2). A State or Territory reprisal claim uses that jurisdiction's Act.

Written for / version

US