68Offences relating to reprisals

68 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 –

(a) has made or may make a complaint; or

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

(c) has provided, may provide or is providing documents or information, by answering questions or otherwise, to the Commissioner 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) penalizing 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 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.

(5)  It is a defence to a prosecution for an offence under subsection (1) for the defendant to prove that despite a ground specified in subsection (1) being a significant factor for engaging in the conduct alleged to constitute the reprisal –

(a) the defendant had another ground for engaging in that conduct; and

(b) that ground is a reasonable one; and

(c) the defendant had taken a significant step towards engaging in that conduct before acting on the ground specified in subsection (1) .