Commonwealth Consolidated Acts

AGED CARE ACT 1997 - SECT 54.6

Actually causing detriment to another person

  (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 the conduct cause detriment to the second person; and

  (d)   the first person engages in the conduct because the second person or a third person made a disclosure that qualifies for protection under section   54 - 4.

Civil penalty:   500 penalty units.

Threatening to cause detriment to another person

  (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 section   54 - 4; or

  (ii)   may make a disclosure that would qualify for protection under section   54 - 4.

Civil penalty:   500 penalty units.

Threats

  (3)   For the purpose of subsection   (2), a threat may be:

  (a)   express or implied; or

  (b)   conditional or unconditional.

  (4)   In proceedings for a civil penalty order against a person for a contravention of subsection   (2), it is not necessary to prove that the person threatened actually feared that the threat would be carried out.

Note:   For enforcement of the civil penalty provisions in this section, see Part   8A of the Quality and Safety Commission Act.