Document ID: chunk:federal_register_of_legislation:C2024A00139:clause:1_35d
Version: federal_register_of_legislation:C2024A00139
Segment Type: clause
Provision Reference: sch 1 cl 35D
Character Range: 58332–59560

35D  Protection from reprisals—what constitutes taking a reprisal
 (1) A person (the first person) takes a reprisal against another person (the second person) if:
 (a) the first person engages in conduct that:
 (i) results in detriment to the second person; or
 (ii) consists of, or results in, a threat to cause detriment to the second person; and
 (b) when the conduct is engaged in, the first person believes or suspects that the second person:
 (i) has made a complaint to the National Student Ombudsman or the Overseas Students Ombudsman under this Act; or
 (ii) may have made a complaint to the National Student Ombudsman or the Overseas Students Ombudsman under this Act; or
 (iii) proposes to make a complaint to the National Student Ombudsman or the Overseas Students Ombudsman under this Act; or
 (iv) could make a complaint to the National Student Ombudsman or the Overseas Students Ombudsman under this Act; and
 (c) the belief or suspicion is the reason, or part of the reason, for engaging in the conduct.
 (2) Despite subsection (1), a person does not take a reprisal against another person to the extent that the person takes administrative action that is reasonable to protect the other person from detriment.