COMMUNITY SERVICES (COMPLAINTS, REVIEWS AND MONITORING) ACT 1993 - SECT 47
Protection of complainant against retribution
COMMUNITY SERVICES (COMPLAINTS, REVIEWS AND MONITORING) ACT 1993 - SECT 47
Protection of complainant against retribution
47 Protection of complainant against retribution
(1) A person who takes or threatens to take detrimental action against another
person because that other person or any other person-- (a) makes, or proposes
to make, a complaint to a service provider or the Ombudsman, or
(b) brings,
or proposes to bring, proceedings before the Tribunal, or
(c) provides, or
proposes to provide, information, documents or evidence to the Ombudsman or
the Tribunal,
is guilty of an offence. : Maximum penalty--50 penalty units or
imprisonment for 12 months, or both.
(2) It is a defence to a prosecution for
an offence under this section if it is proved-- (a) that the action referred
to in subsection (1) on which the prosecution was based was taken or proposed
in bad faith, or
(b) that any material allegation was known by the person
making it to be false.
(3) In this section,
"detrimental action" means action causing, comprising or involving any of the
following-- (a) injury, damage or loss,
(b) intimidation or harassment,
(c)
discrimination, disadvantage or adverse treatment in relation to employment,
(d) dismissal from, or prejudice in, employment,
(e) prejudice in the
provision of a community service,
(f) disciplinary proceedings.