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VICAct
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s 69A

Offence to cause or threaten detriment

In force
Part 5General matters
Division 2Offences

69A Offence to cause or threaten detriment

(1)

A person must not cause detriment, or threaten to cause detriment, to another person because the person knows or believes that the other person—

(a)

has made a complaint to Workforce Inspectorate Victoria; or

(b)

has provided information about public construction to Workforce Inspectorate Victoria; or

(c)

intends to make, or is considering whether to make, a complaint to Workforce Inspectorate Victoria; or

(d)

intends to provide, or is considering whether to provide, information about public construction to Workforce Inspectorate Victoria; or

(e)

has participated, or is participating, in a process under this or any other Act arising from any person's complaint to Workforce Inspectorate Victoria; or

(f)

intends to participate in, or is considering whether to participate in, a process under this or any other Act arising from any person's complaint to Workforce Inspectorate Victoria.

Penalty: Level 5 fine (1200 penalty units maximum) or level 5 imprisonment (10 years maximum) or both.

(2)

Detriment that is caused or threatened to be caused may be direct or indirect.

(3)

A person threatens to cause detriment to another person if the person—

(a)

intends that the other person will believe that the person will cause detriment to the other person; or

(b)

is reckless as to whether the other person will believe that the person will cause detriment to the other person.

(4)

A threat—

(a)

may be made by words or conduct; and

(b)

may be explicit or implicit; and

(c)

need not be believed by the other person.

(5)

A person's—

(a)

knowledge need not be the only reason the person causes, or threatens to cause, detriment; and

(b)

belief need not be—

(i)

reasonable; or

(ii)

the only reason the person causes, or threatens to cause, detriment.

(6)

In this section—

detriment

(a)

includes—

(i)

injury;

(ii)

intimidation or harassment;

(iii)

ostracism;

(iv)

damage to or loss of property;

(b)

does not include—

(i)

discrimination, disadvantage or adverse treatment in or in connection with employment;

(ii)

dismissal from, or prejudice in or in connection with, employment;

(iii)

disciplinary proceedings in or in connection with employment.

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