551Victimisation prohibited

551  Victimisation prohibited

Actually causing detriment

 (1) An entity contravenes this subsection if:

 (a) the entity engages in conduct; and

 (b) the entity’s conduct causes any detriment to an individual (the first individual) or to another individual or to another entity that employs or is otherwise associated with the first individual; and

 (c) the entity engages in the conduct solely or partly because the entity believes or suspects that the first individual or another individual has, may have, or intends to make, a disclosure that qualifies for protection under section 547.

 (2) In proceedings for a civil penalty order against an entity for a contravention of subsection (1), it is not necessary to prove that the first individual or other individual has done, may have done or intends to do a thing mentioned in paragraph (1)(c).

Threatening to cause detriment

 (a) the entity makes to an individual (the first individual) a threat to cause any detriment to the first individual or to another individual or to another entity that employs or is otherwise associated with the first individual; and

 (b) the entity:

 (i) intends the first individual to fear that the threat will be carried out; or

 (ii) is reckless as to causing the first individual to fear that the threat will be carried out; and

 (c) the entity engages in the conduct solely or partly because the entity believes or suspects that the first individual or another individual has, may have, or intends to make, a disclosure that qualifies for protection under section 547.

Threats

 (4) For the purpose of subsection (3), a threat may be:

 (a) express or implied; or

 (b) conditional or unconditional.

 (5) In proceedings for a civil penalty order against an entity for a contravention of subsection (3), it is not necessary to prove:

 (a) that the first individual actually feared that the threat would be carried out; or

 (b) that an individual has done, may have done or intends to do a thing mentioned in paragraph (3)(c).

Exception—reasonable administrative action

 (6) Subsections (1) and (3) do not apply if the conduct engaged in by the entity is administrative action that is reasonable to protect the first individual from detriment.

Note: A defendant bears an evidential burden in relation to the matter in this subsection (see section 96 of the Regulatory Powers Act).