94Offences relating to reprisal

94 Offences relating to reprisal (1) A person must not take or conspire to take a reprisal against another person because, or in the belief that, a person: (a) has made or may make a complaint; or

Health and Community Services Complaints Act 1998 50 (b) has co-operated, may co-operate or is co-operating with the performing a function under this Act; or (c) has provided, may provide or is providing documents or information, by answering questions or otherwise, to the performing a function under this Act. (2) Without limiting subsection (1), a reprisal includes any of the following: (a) failing to employ a person; (b) dismissing a person from employment; (c) penalising or discriminating against a person in the course of his or her employment. (3) It is sufficient for a contravention of subsection (1) if the ground specified in that subsection is a significant factor in inducing the person to take or conspire to take a reprisal. (4) It is a defence to a prosecution for an offence under subsection (1) for the defendant to prove that despite a ground specified in that subsection being a significant ground for engaging in the conduct alleged to constitute the reprisal: (a) the defendant had another ground for engaging in the conduct; and (b) the ground is a reasonable one; and (c) the defendant had taken a significant step towards engaging in the conduct before acting on the ground specified in that subsection.