35DProtection from reprisals—what constitutes taking a reprisal

35D Protection from reprisals—what constitutes taking a reprisal

(1) A person (the first person) takes a reprisal against another person (the second person) if: (a) the first person engages in conduct that: (i) results in detriment to the second person; or (ii) consists of, or results in, a threat to cause detriment to the second person; and (b) when the conduct is engaged in, the first person believes or suspects that the second person: (i) has made a complaint to the National Student Ombudsman or the Overseas Students Ombudsman under this Act; or (ii) may have made a complaint to the National Student Ombudsman or the Overseas Students Ombudsman under this Act; or (iii) proposes to make a complaint to the National Student Ombudsman or the Overseas Students Ombudsman under this Act; or (iv) could make a complaint to the National Student Ombudsman or the Overseas Students Ombudsman under this Act; and (c) the belief or suspicion is the reason, or part of the reason, for engaging in the conduct. (2) Despite subsection (1), a person does not take a reprisal against another person to the extent that the person takes administrative action that is reasonable to protect the other person from detriment.