48Victimisation

#### 48 Victimisation Causing detriment to another person (1) A member, or an employee of the Department, commits an offence if: (a) the member or employee engages in conduct that causes detriment to another person; and (b) the member or employee intends to cause the detriment because the other person: (i) has made, or proposes to make, a complaint under this Part; or (ii) has redressed, or proposes to redress, a member’s grievance about a decision, act or omission that relates to the member’s service in the Defence Force; or (iii) has taken, or proposes to take, any other action under this Part. Penalty: 10 penalty units. Threatening to cause detriment to another person (2) A member, or an employee of the Department, commits an offence if: (a) the member or employee makes a threat to another person (the second person) to cause detriment to the second person or to a third person; and (b) the member or employee: (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 member or employee makes the threat because a person: (i) has made, or proposes to make, a complaint under this Part; or (ii) has redressed, or proposes to redress, a member’s grievance about a decision, act or omission that relates to the member’s service in the Defence Force; or (iii) has taken, or proposes to take, any other action in relation to this Part. Penalty: 10 penalty units. (3) For the purposes of subsection (2), a threat may be: (a) express or implied; or (b) conditional or unconditional. (4) 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.