Document ID: chunk:federal_register_of_legislation:C2021A00009:clause:1_2:p4
Version: federal_register_of_legislation:C2021A00009
Segment Type: clause
Provision Reference: sch 1 cl 2 (pt 4/5)
Character Range: 12362–15132

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 section 54‑4; or
 (ii) may make a disclosure that would qualify for protection under section 54‑4.
Civil penalty: 500 penalty units.

Threats
 (3) For the purpose of subsection (2), a threat may be:
 (a) express or implied; or
 (b) conditional or unconditional.
 (4) In proceedings for a civil penalty order against a person for a contravention of subsection (2), it is not necessary to prove that the person threatened actually feared that the threat would be carried out.
Note: For enforcement of the civil penalty provisions in this section, see Part 8A of the Quality and Safety Commission Act.

54‑7  Right to compensation
  If:
 (a) a person contravenes subsection 54‑6(1) or (2); and
 (b) another person suffers damage because of the contravention;
the person in contravention is liable to compensate the other person for the damage.

54‑8  Approved providers' responsibilities in relation to informants

Ensuring staff member informants are not victimised
 (1) An approved provider is responsible for ensuring, as far as reasonably practicable, compliance with paragraphs 54‑5(1)(b) and (2)(b) and subsections 54‑6(1) and (2) in relation to a person who:
 (a) is a *staff member of the approved provider; and
 (b) makes a disclosure that qualifies for protection under section 54‑4.
Note: The responsibility under subsection (1) covers not only compliance by the approved provider itself with the relevant provisions of sections 54‑5 and 54‑6 but extends to the approved provider ensuring as far as reasonably practicable that there is also compliance by others, such as:
(a) other staff members of the approved provider; and
(b) other parties with whom the approved provider contracts (for example, an employment agency).

Protecting informants' identities
 (2) If a person reports a *reportable incident to an approved provider, the provider is responsible for taking reasonable measures to ensure that the fact that the person was the maker of the report is not disclosed, except to one or more of the following:
 (a) the *Quality and Safety Commissioner;
 (b) a person, authority or court to which the approved provider is required by a law of the Commonwealth or a State or Territory to disclose the fact;
 (c) one of the approved provider's *key personnel;
 (d) a police officer.
 (3) If a person reports a *reportable incident to someone (the report recipient) who is:
 (a) one of