HEALTH AND COMMUNITY SERVICES COMPLAINTS ACT 2004 - SECT 79

HEALTH AND COMMUNITY SERVICES COMPLAINTS ACT 2004 - SECT 79

79—Offence relating to reprisals

        (1)         A person must not treat another person unfavourably on the ground that a person—

            (a)         has made a complaint under this Act; or

            (b)         has co-operated with the Commissioner or any other person who performs or exercises a function or power under this Act; or

            (c)         has provided information or documents to the Commissioner or any other person who performs or exercises a function or power under this Act,

or on the ground that he or she knows that a person intends to do any of these things, or suspects that a person has done, or intends to do, any of these things.

Maximum penalty: $10 000.

        (2)         It is sufficient for a contravention of subsection (1) if the ground specified in subsection (1) is a significant factor in inducing the person to take the particular action against the other person.

        (3)         Unfavourable treatment on the ground that a person—

            (a)         has made a false allegation; or

            (b)         has not acted in good faith,

does not constitute a contravention of subsection (1).