78Offences relating to reprisals

78 Offences relating to reprisals

(1)  A person must not take, attempt to take or conspire to take a reprisal against another person because, or in the belief that, any person has –

(a) made or may make a report to the Commissioner, the Senior Practitioner or any other person who performs a function or exercises a power under this Act; or

(b) cooperated, may cooperate or is cooperating with the Commissioner, the Senior Practitioner or any other person who performs a function or exercises a power under this Act; or

(c) provided, may provide or is providing documents or information, by answering questions or otherwise, to the Commissioner, Senior Practitioner or any other person who performs a function or exercises a power under this Act.

Penalty:  Fine not exceeding 100 penalty units.

(2)  Without limiting subsection (1) , the following are examples of a reprisal:

(a) failing to employ a person;

(b) dismissing a person from employment;

(c) penalising or discriminating against a person in the course of the person’s employment.

(3)  It is sufficient for a contravention of subsection (1) if a ground specified in subsection (1) is a significant factor in inducing the person to take, attempt to take or conspire to take a reprisal.

(4)  An attempt to take a reprisal includes an attempt to induce a person to take a reprisal.