Document ID: chunk:federal_register_of_legislation:C2004A01347:clause:1a_337c
Version: federal_register_of_legislation:C2004A01347
Segment Type: clause
Provision Reference: sch 1A cl 337C
Character Range: 10455–12982

337C  Victimisation prohibited

Actually causing detriment to another person

 (1) A person (the first person) contravenes this subsection 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 first person engages in his or her conduct because the second person or a third person made a disclosure that qualifies for protection under this Part.

Threatening to cause detriment to another person

 (2) A person (the first person) contravenes this subsection 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) makes a disclosure that qualifies for protection under this Part; or
 (ii) may make a disclosure that would qualify for protection under this Part.

Officers and employees involved in contravention

 (3) If an organisation, or a branch of an organisation, contravenes subsection (1) or (2), any officer or employee of the organisation, or a branch of the organisation, who is involved in that contravention contravenes this subsection.

Threats

 (4) For the purpose of subsection (2), a threat may be:
 (a) express or implied; or
 (b) conditional or unconditional.

Involvement in a contravention

 (5) For the purpose of subsection (3), a person is involved in a contravention if, and only if, the person:
 (a) has aided, abetted, counselled or procured the contravention; or
 (b) has induced, whether by threats or promises, the contravention; or
 (c) has been in any way, by act or omission, directly or indirectly, knowingly concerned in, or party to, the contravention; or
 (d) has conspired with others to effect the contravention.

Offence for contravening subsection (1), (2) or (3)

 (6) A person commits an offence if the person contravenes subsection (1), (2) or (3).

Maximum penalty: 25 penalty units or imprisonment for 6 months, or both.

 (7) In a prosecution for an offence that relates to a contravention of subsection (2), it is not necessary to prove that the person threatened actually feared that the threat would be carried out.