sec.261Reprisal and grounds for reprisals

sec.261 Reprisal and grounds for reprisals

A person must not cause, or attempt or conspire to cause, detriment to another person because, or in the belief that, any person has taken, or intends to take, protected action. An attempt to cause detriment includes an attempt to induce a person to cause detriment. Also, a person must not— use threats or intimidation to attempt to persuade another person not to take protected action; or dismiss, or refuse to employ, another person because, or in the belief that, the other person has taken, or intends to take, protected action. A contravention of subsection (1) or (3) is a reprisal or the taking of a reprisal. A ground mentioned in subsection (1) or (3) as the ground for a reprisal is the unlawful ground for the reprisal. For the contravention mentioned in subsection (4) to happen, it is sufficient if the unlawful ground is a substantial ground for the act or omission that is the reprisal, even if there is another ground for the act or omission. In this section— protected action means— making either of the following, in good faith— a health service complaint; a notification under the National Law, part 8 , division 2 or 3 ; or giving information, documents or other assistance in the course of an investigation or for another purpose under this Act or the National Law to a person performing functions under this Act or the National Law. s 261 amd 2025 Act No. 6 s 10 (sec.261-ssec.1) A person must not cause, or attempt or conspire to cause, detriment to another person because, or in the belief that, any person has taken, or intends to take, protected action. (sec.261-ssec.2) An attempt to cause detriment includes an attempt to induce a person to cause detriment. (sec.261-ssec.3) Also, a person must not— use threats or intimidation to attempt to persuade another person not to take protected action; or dismiss, or refuse to employ, another person because, or in the belief that, the other person has taken, or intends to take, protected action. (sec.261-ssec.4) A contravention of subsection (1) or (3) is a reprisal or the taking of a reprisal. (sec.261-ssec.5) A ground mentioned in subsection (1) or (3) as the ground for a reprisal is the unlawful ground for the reprisal. (sec.261-ssec.6) For the contravention mentioned in subsection (4) to happen, it is sufficient if the unlawful ground is a substantial ground for the act or omission that is the reprisal, even if there is another ground for the act or omission. (sec.261-ssec.7) In this section— protected action means— making either of the following, in good faith— a health service complaint; a notification under the National Law, part 8 , division 2 or 3 ; or giving information, documents or other assistance in the course of an investigation or for another purpose under this Act or the National Law to a person performing functions under this Act or the National Law.

• (a) use threats or intimidation to attempt to persuade another person not to take protected action; or