[COM 682] Victimisation prohibited682 

682

(1) A person (called the “first person”) contravenes this subsection if—

• (a)the first person engages in conduct;
• (b)the first person’s conduct causes any detriment to another person (called the “second person”);
• (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.

(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;
• (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.

(3) For the purposes of subsection (2), a threat may be—

• (a)express or implied; or
• (b)conditional or unconditional.

(4) 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.