Section 73ZC — National Disability Insurance Scheme Act 2013: Victimisation prohibited

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 his or her conduct cause detriment to the second person; and (d) 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. Civil penalty: (a) for a serious contravention by an NDIS provider—10,000 penalty units; or (b) in any other case—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 this Part; or (ii) may make a disclosure that would qualify for protection under this Division. Civil penalty: (a) for a serious contravention by an NDIS provider—10,000 penalty units; or (b) in any other case—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.