National Disability Insurance Scheme Act 2013

A person (the first person) contravenes this subsection if:

the first person engages in conduct; and

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

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

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 Division.

for a serious contravention by an NDIS provider—10,000 penalty units; or

in any other case—500 penalty units.

A person (the first person) contravenes this subsection if:

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

the first person:

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

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

the first person makes the threat because a person:

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

may make a disclosure that would qualify for protection under this Division.

for a serious contravention by an NDIS provider—10,000 penalty units; or

in any other case—500 penalty units.

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

express or implied; or

conditional or unconditional.

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.