Statutory Protections Against Retaliation

People who assist the Commission are entitled by law to protections against retaliatory action.
Assisting the Commission includes:
 Reporting a complaint regarding corrupt conduct to the Commission
 Attending a Commission hearing to give evidence or produce a document or thing
 Producing a statement of information or document or other thing to the Commission in
response to a notice
 Providing other information regarding corrupt conduct to the Commission
 Assisting the Commission in some other way.
A person is considered to be assisting the Commission whether they are acting voluntarily or
compelled by law to assist.
It is a criminal offence to retaliate or threaten to retaliate against a person for assisting the
Commission or to prevent a person from assisting the Commission (sections 108 and 110, OLICAC).
Retaliation against a person who assists the Commission includes causing or inflicting any:
 Violence, injury, punishment, damage, loss, harm, disadvantage, victimisation, harassment
or intimidation, or

 Occupational detriment to an employee, including taking disciplinary action, dismissal,
suspension, demotion, victimisation, intimidation, transfer against will to another place or
position, refusing an appointment/transfer/promotion, refusing to provide a reference,
providing an adverse reference, and discriminating against the employee.
These criminal offences are punishable by a fine not exceeding PGK 10,000, or up to two years of
imprisonment, or both, and are a deterrent to anyone who may consider retaliating against or
interfering with a person who is assisting, has assisted or is planning to assist the Commission
(section 108, OLICAC).
A person who assists the Commission and then suffers retaliation by another person in response,
may apply to the National Court for a remedy against that other person (Part VIII of the OLICAC). The
remedies that the National Court may apply include compensation, reinstatement, an injunction
requiring the person to do anything necessary to prevent or cease the retaliation or any other order
the Court considers appropriate.