Fair Work (Registered Organisations) Act 2009

A person (the first person) must not take a reprisal against another person if the first person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for taking the reprisal.

In proceedings for a contravention of subsection (1), it is not necessary to prove that a person made, may have made, proposed to make or could have made a disclosure that qualifies for protection under this Part.

A person (the first person) must not make a threat to another person (the second person) to take a reprisal against the second person or a third person if:

the first person:

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

is reckless as to the second person fearing that the threat will be carried out; and

the first person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for making the threat.

For the purposes of subsection (3), the threat may be:

express or implied; or

conditional or unconditional.

In proceedings for a contravention of subsection (3), it is not necessary to prove that the person threatened actually feared that the threat would be carried out.