NATIONAL DISABILITY INSURANCE SCHEME ACT 2013 - SECT 73ZC Victimisation prohibited
NATIONAL DISABILITY INSURANCE SCHEME ACT 2013 - SECT 73ZC
Victimisation prohibitedActually 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 Division.
Civil penalty: 500 penalty units.
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
(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 Division.
Civil penalty: 500 penalty units.
(3) For the purpose of subsection (2), a threat may be:
(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.