Document ID: chunk:federal_register_of_legislation:F2024C01048:reg:48
Version: federal_register_of_legislation:F2024C01048
Segment Type: reg
Provision Reference: reg 48
Character Range: 59328–61172

48  Victimisation

Causing detriment to another person
 (1) A member, or an employee of the Department, commits an offence if:
 (a) the member or employee engages in conduct that causes detriment to another person; and
 (b) the member or employee intends to cause the detriment because the other person:
 (i) has made, or proposes to make, a complaint under this Part; or
 (ii) has redressed, or proposes to redress, a member's grievance about a decision, act or omission that relates to the member's service in the Defence Force; or
 (iii) has taken, or proposes to take, any other action under this Part.
Penalty: 10 penalty units.

Threatening to cause detriment to another person
 (2) A member, or an employee of the Department, commits an offence if:
 (a) the member or employee makes a threat to another person (the second person) to cause detriment to the second person or to a third person; and
 (b) the member or employee:
 (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 member or employee makes the threat because a person:
 (i) has made, or proposes to make, a complaint under this Part; or
 (ii) has redressed, or proposes to redress, a member's grievance about a decision, act or omission that relates to the member's service in the Defence Force; or
 (iii) has taken, or proposes to take, any other action in relation to this Part.
Penalty: 10 penalty units.
 (3) For the purposes of subsection (2), a threat may be:
 (a) express or implied; or
 (b) conditional or unconditional.
 (4) In a prosecution for an offence against subsection (2), it is not necessary to prove that the person threatened actually feared that the threat would be carried out.

Part 8—Medical and dental treatment