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Residential Services (Accreditation) Act 2002
sec.173Reprisal and grounds for reprisals
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### sec.173 Reprisal and grounds for reprisals
A person must not cause, or attempt or conspire to cause, detriment to another person in retaliation because, or in the belief that—
anybody has made, or may make, a complaint to the chief executive about the conduct of a residential service; or
anybody has given, or may give, information to the chief executive about the conduct of a residential service; or
anybody has provided information about an alleged offence against this Act to a person for the purpose of having the alleged offence investigated or prosecuted; or
anybody has given, or may give, evidence to a court in proceedings for an offence against this Act.
An attempt to cause detriment includes an attempt to induce a person to cause detriment.
A contravention of subsection (1) is a reprisal or the taking of a reprisal.
A ground mentioned in subsection (1) as the ground for a reprisal is the unlawful ground for the reprisal.
For the contravention 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.173-ssec.1) A person must not cause, or attempt or conspire to cause, detriment to another person in retaliation because, or in the belief that— anybody has made, or may make, a complaint to the chief executive about the conduct of a residential service; or anybody has given, or may give, information to the chief executive about the conduct of a residential service; or anybody has provided information about an alleged offence against this Act to a person for the purpose of having the alleged offence investigated or prosecuted; or anybody has given, or may give, evidence to a court in proceedings for an offence against this Act.
(sec.173-ssec.2) An attempt to cause detriment includes an attempt to induce a person to cause detriment.
(sec.173-ssec.3) A contravention of subsection (1) is a reprisal or the taking of a reprisal.
(sec.173-ssec.4) A ground mentioned in subsection (1) as the ground for a reprisal is the unlawful ground for the reprisal.
(sec.173-ssec.5) For the contravention 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.
- (a) anybody has made, or may make, a complaint to the chief executive about the conduct of a residential service; or
- (b) anybody has given, or may give, information to the chief executive about the conduct of a residential service; or
- (c) anybody has provided information about an alleged offence against this Act to a person for the purpose of having the alleged offence investigated or prosecuted; or
- (d) anybody has given, or may give, evidence to a court in proceedings for an offence against this Act.