Document ID: chunk:federal_register_of_legislation:C2004A01334:clause:4_1317ac
Version: federal_register_of_legislation:C2004A01334
Segment Type: clause
Provision Reference: sch 4 cl 1317AC
Character Range: 318894–320629

1317AC  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 a company contravenes subsection (1) or (2), any officer or employee of the company who is involved in that contravention contravenes this subsection.

Threats

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

 (5) 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.