Offence to cause or threaten detriment
69A Offence to cause or threaten detriment
A person must not cause detriment, or threaten to cause detriment, to another person because the person knows or believes that the other person—
has made a complaint to Workforce Inspectorate Victoria; or
has provided information about public construction to Workforce Inspectorate Victoria; or
intends to make, or is considering whether to make, a complaint to Workforce Inspectorate Victoria; or
intends to provide, or is considering whether to provide, information about public construction to Workforce Inspectorate Victoria; or
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
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.
Detriment that is caused or threatened to be caused may be direct or indirect.
A person threatens to cause detriment to another person if the person—
intends that the other person will believe that the person will cause detriment to the other person; or
is reckless as to whether the other person will believe that the person will cause detriment to the other person.
A threat—
may be made by words or conduct; and
may be explicit or implicit; and
need not be believed by the other person.
A person's—
knowledge need not be the only reason the person causes, or threatens to cause, detriment; and
belief need not be—
reasonable; or
the only reason the person causes, or threatens to cause, detriment.
In this section—
detriment—
includes—
injury;
intimidation or harassment;
ostracism;
damage to or loss of property;
does not include—
discrimination, disadvantage or adverse treatment in or in connection with employment;
dismissal from, or prejudice in or in connection with, employment;
disciplinary proceedings in or in connection with employment.
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