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Legal Obligations/Applicable rules: Rules affecting jurisdiction and remedies are not procedural but substantive in nature. A person cannot be entitled to remedies or be subject to penalties that come into force after the event in question. Protected activity: The criteria for determining whether a person has properly reported misconduct or engaged in a protected activity are not mere matters of procedure. A report of misconduct is the protected activity which is the very foundation of a claim for protection without which a claim cannot be considered. Retroactive application: As a matter of general principle the criteria for assessing a claim of protected activity can only apply from the date on which the criteria came into force and may not be applied retroactively. In addition, retroactive application should not occur if it would be prejudicial or limit the protection to a claimant. Burden and standard of proof: This burden and standard of proof on the Administration to show by clear and convincing evidence that it would have taken the same action against the claimant absent the protected activity is not excluded from the preliminary enquiry conducted by the Ethics Office into whether the complainant engaged in a protected activity and if there is a prima facie case that the protected activity was a contributing factor in causing retaliation. Basic principles of law: Even where a newly established office has no standard operating procedures or transitional measures, it is bound to observe the well-known fundamental principles of law: the facts relied on by a decision- maker must be correct and reliable. A decision-maker may only take into account relevant matters and must not consider irrelevant matters.