Document ID: chunk:federal_register_of_legislation:C2025C00083:section:39:p1
Version: federal_register_of_legislation:C2025C00083
Segment Type: section
Provision Reference: s 39 (pt 1/2)
Character Range: 32680–35230

39  Victimisation

Actually causing detriment to another person
 (1) A person (the first person) commits an offence if:
 (a) the first person engages in conduct; and
 (b) the first person's conduct causes any detriment to another person (the second person); and
 (c) the first person intends that his or her conduct cause detriment to the second person; and
 (d) the detriment is caused without the consent of the second person; and
 (e) the first person engages in his or her conduct because the second person or a third person:
 (i) gave, or may give, information when requested or required to do so under section 9 of the Ombudsman Act 1976 (as it applies because of section 15 of this Act); or
 (ii) produced, or may produce, a document when requested or required to do so under that section; or
 (iii) attended, or may attend, to answer questions when requested or required to do so under that section; or
 (iv) answered, or may answer, questions while attending to answer questions when requested or required to do so under that section; or
 (v) is the subject of a report under this Act, or the Ombudsman Act 1976 (as it applies because of section 15 of this Act), that relates to an investigation under this Act.
Penalty: Imprisonment for 6 months.

Threatening to cause detriment to another person
 (2) A person (the first person) commits an offence if:
 (a) the first person makes to another person (the second person) a threat to cause any detriment to the second person or to a third person; and
 (b) the first person:
 (i) intends the second person to fear that the threat will be carried out; or
 (ii) is reckless as to causing the second person to fear that the threat will be carried out; and
 (c) the first person makes the threat because a person:
 (i) gave, or may give, information when requested or required to do so under section 9 of the Ombudsman Act 1976 (as it applies because of section 15 of this Act); or
 (ii) produced, or may produce, a document when requested or required to do so under that section; or
 (iii) attended, or may attend, to answer questions when requested or required to do so under that section; or
 (iv) answered, or may answer, questions while attending to answer questions when requested or required to do so under that section; or
 (v) is the subject of a report under this Act, or the Ombudsman Act 1976 (as it applies because of section 15 of this Act), that relates to an investigation under this Act.
Penalty: Imprisonment for 6 months.
 (3) For the purposes of subsection (2), a threat may be: