24HAOffences—causing detriment in relation to protected disclosures

24HA Offences—causing detriment in relation to protected disclosures

Causing detriment to another person (1) A person (the first person) commits an offence in relation to another person (the second person) if: (a) the first person engages in conduct; and (b) engaging in the conduct results in detriment to the second person; and (c) when the conduct is engaged in, the first person believes or suspects that the second person, or any other person: (i) has made a protected disclosure; or (ii) may have made a protected disclosure; or (iii) proposes to make a protected disclosure; or (iv) could make a protected disclosure; and (d) the belief or suspicion is the reason, or part of the reason, for engaging in the conduct.

Penalty: Imprisonment for 2 years or 120 penalty units, or both.

Threatening to cause detriment to another person (2) A person (the first person) commits an offence in relation to another person (the second person) if: (a) the first person engages in conduct; and (b) engaging in the conduct consists of, or results in, a threat to cause detriment to the second person; and (c) the first person is reckless as to whether the second person fears that the threat will be carried out; and (d) when the conduct is engaged in, the first person believes or suspects that the second person, or any other person: (i) has made a protected disclosure; or (ii) may have made a protected disclosure; or (iii) proposes to make a protected disclosure; or (iv) could make a protected disclosure; and (e) the belief or suspicion is the reason, or part of the reason, for engaging in the conduct.

Penalty: Imprisonment for 2 years or 120 penalty units, or both.

(3) Subsection (2) applies whether or not the threat mentioned in paragraph (2)(b) is: (a) express or implied; or (b) conditional or unconditional. Exception—reasonable administrative action (4) Subsections (1) and (2) do not apply if the conduct engaged in by the first person is administrative action that is reasonable to protect the second person from detriment.

Note: A defendant bears an evidential burden in relation to the matter in this subsection (see subsection 13.3(3) of the Criminal Code).

No requirement to prove matters related to protected disclosure (5) In a prosecution for an offence against this section, it is not necessary to prove that any person: (a) has made a protected disclosure; or (b) may have made a protected disclosure; or (c) proposes to make a protected disclosure; or (d) could make a protected disclosure.

Note 1: For actions that constitute detriment, see the definition of that term in section 5.

Note 2: Proof of intention, knowledge or recklessness will satisfy a fault element of recklessness (see subsection 5.4(4) of the Criminal Code).