Corporations (Aboriginal and Torres Strait Islander) Act 2006

CHAPTER 10 - REGULATION AND ENFORCEMENT  

PART 10-5 - PROTECTION FOR WHISTLEBLOWERS  

Division 469 - Effects of disclosure  

SECTION 469-5   VICTIMISATION PROHIBITED  
Actually causing detriment to another person

469-5(1)    
A person (the first person ) contravenes this subsection if:

(a)    the first person engages in conduct; and

(b)    the first person ' s conduct causes any detriment to another person (the second person ); and

(c)    the first person intends that his or her conduct cause detriment to the second person; and

(d)    the first person engages in his or her conduct because the second person or a third person made a disclosure that qualifies for protection under this Part.

Penalty: 25 penalty units or imprisonment for 6 months, or both.

Threatening to cause detriment to another person

469-5(2)    
A person (the first person ) contravenes this subsection if:

(a)    the first person makes to another person (the second person ) a threat to cause any detriment to the second person or to a third person; and

(b)    the first person:

(i) intends the second person to fear that the threat will be carried out; or

(ii) is reckless as to causing the second person to fear that the threat will be carried out; and

(c)    the first person makes the threat because a person:

(i) makes a disclosure that qualifies for protection under this Part; or

(ii) may make a disclosure that would qualify for protection under this Part.

Penalty: 25 penalty units or imprisonment for 6 months, or both.

Officers and employees involved in contravention

469-5(3)    
If an Aboriginal and Torres Strait Islander corporation contravenes subsection (1) or (2) , any officer or employee of the corporation who is involved in that contravention contravenes this subsection.

Penalty: 25 penalty units or imprisonment for 6 months, or both.

Threats

469-5(4)    
For the purposes of subsection (2) , a threat may be:

(a)    express or implied; or

(b)    conditional or unconditional.

469-5(5)    
In a prosecution for an offence against subsection (2) , it is not necessary to prove that the person threatened actually feared that the threat would be carried out.